________________
LAW OF INHERITANCE IN THE KAUȚILYA'S ARTHAŚĀSTRA
L. V. JOSHI
"Believe it or not, Arthaśāstra is compulsory reading in the Pakistan Army. But the Indian military neglects...." This statement' shows how much we are careless towards our own tradition. As the Gujarati edition of the Arthaśāstra2 shows, Visnugupta is the traditional name; and the appelations 'Kautilya' and 'Caṇakya' are based on the birthplace and the family of the author. Kautilya is a confirmed realist. He made a clear distinction between religion and politics. His preference to the state laws, as against the Dharmasastra is the best proof of his materialistic outlook3. He opined that reason should be our guide in devising means for the attainment of good. Kautilya has preserved the Indian tradition of the Arthaśāstra (-political science, or the principles of government or the code of commonwealth-) which is a guide to the means of acquisition and preservation of the Artha (-the wealth, the earth inhabited by men following various occupations). So far as the Kautilya's Arthaśāstra (=KA) is based on almost all the Arthaśāstras prevalent at that time (i.e. 300 B. C.), the view expressed in the KA bears a long tradition and hence cannot be easily discarded.
As Mayne has said, Hindu Law has the oldest pedigree of any known system of jurisprudence1. The Śatapatha Brāhmaṇa describes the majesty of law. The law is the king of kings. Even though the king ascends the highest position, he has to take resort to the law. If the king himself does not respect the law of the land, he becomes a sinner. Following this vedic tradition, the KA states that the King should apply the law equally to his son as well as to his enemy in accordance with the offence".
Jacobi says that the three schools of Arthaśāstra, namely, Mānava Arthaśāstram, Bṛhaspati Arthaśāstra and Auśanasa Arthaśāstra were old and highly respected'. The KA is the only complete work of its kind that has come down to us. This KA opens a new chapter in the history of our ancient political literautre.
Jain Education International
For Personal & Private Use Only
www.jainelibrary.org
