ISJS Jainism Study Notes E5 Vol 04

Author(s): International School for Jain Studies
Publisher: International School for Jain Studies

Page 422

The above discussion makes it clear that political power in its various forms was recognized as one among several preconditions of moral and religious life. Following from this, it was further recognized that obedience is rightfully due to political authority where relevant. It is important to note one point. It is true that kings and officers at that time tended to follow a system of cruel punishments and we must remember that despite modern penal reforms there is still no limit to the ferocity of the state when it feels itself threatened or is moved by an inhumane ideology. Nevertheless, the attitude in early Jaina canon deprecates such cruelty in the penal system, and tends to place the policemen and executioners as parallel to the robbers and murderers.
Thus, according to the canon although kings are required for the practice of dharma, their own practice is tainted by dharma. The Jainas did seek to advise the rulers and hoped that enlightened rulers would help to the cause of dharma.
Thus, the king should follow the right faith and do his duty without regarding himself as a morally privileged person. The people should follow the example of the king. The laws of the state should not be contrary to the principles of spiritual wisdom which decree non-violence, equality and nonpossessiveness. If the political life of man ceases to function as a support for his spiritual life, it can only promote evil.
Jain Concepts of Law & Justice:On the background of this notion of freedom and the rule of the state, the concepts of law and justice in the Jaina tradition will be understood better. Moreover, these terms, which are the keyconcepts in legal matters can be analysed properly on the background of the modern secular political concept of freedom even though they have wider application in moral and religious realm of human life.
In the British rule India, it was decided by the British administration that all sects and creeds in India would be governed by their own laws. At that time, attempts were made to compile the Jaina law on the basis of the texts available dating 9th century A.D to 16th century A.D. These attempts have resulted into the production of the book "Selections from the Jaina Law'. This book contains the exposition of the laws prescribed by the Jaina texts on the following topics: -
1. Adoption and Sonship 2. Property 3. Inheritance 4. Stridhana 5. Maintenance 6. Guardianship
The Jaina Law was originally a part of "Upasakadhyayana Anga" which is now lost. The exiting other sources of the Jaina Law are the following texts:
1. The Bhadrabahu Samhita 2. The Arhan Niti 3. The Vardhamana Niti 4. The Indranandi Jina Samhita 5. The Adi Purana
It has been observed by the scholars that none of these texts contains the entire law. And it is quite evident from the list of topics too, as they cover only 'civil procedure code and not the 'criminal procedure code'.
It is open to the scholars to find out the injunctions regarding various types of punishments for various types of crimes as found in Jaina texts.
The aim of this lecture is not to enlist various laws related to the above-mentioned topics, but to find out the basic principles of Jaina Law and Justice.
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STUDY NOTES version 4.0