Jaina Law Bhadrabahu Samhita

Author(s): J L Jaini
Publisher: ZZZ Unknown

Page 23

THE JAINA LATT
Law and morality and religion are still mixed up. This is a feature common to all systems of law in their earliest stages. “It has been observed that the point of view of & 'jus quod populus sibi ipse constituit' is still quite foreign to the primitive law of the Aryan nations (the dharma of the Indians, the themis of the Greeks, the fas of the Romans), their laws are closely interthoven with their religion and their moral code, they are bound up with the belief in the gods, which belongs to the Aryan gentes, the belief, namely, that the gods shield what is right and punish what is wrong." [Leist, Altarisches Jus Gentium (1889) pp. 3, 4]. Sir William Anson also potes of a State in its early stages : "In proportion as its power is weak, its sphere is wide; religious obserrance and moral action, as well as the maintenence of order and the performance of promises, are its concern. The laws of the people of Israel cover every department of life, diet, cleanliness, domestic relations, religious observances and many rules of general conduct which are observed in more highly organised communities as matters of habitual morality." [Law and Custom of the Constitution, Part I, Parliament, Third Edition, at p. 4]. So Walter Bagehot, in Physics and Politics (pp. 25-26): "In early times the quantity of government is much more important