The laws of Manu: a general characteristic (briefly), the main content

The laws of Manu are a collection of rules and norms (dharmas). Their main task is to determine the behavior of the Indian people in their daily lives.

The relevance of research

Why are the laws of Manu studied? The characteristics of the source make it possible to know the culture and socio-economic history of India. This civilization is one of the oldest in the world. It took shape in the Indus Valley more than four thousand years ago. The centers of this civilization were Harapp and Mahenjo-Laro. In the place where these cities existed, archaeological excavations were carried out. Their results made it possible to establish the fact that handicraft production, trade and agriculture were well developed in the centers of ancient Indian civilization. There was in them and the property stratification of society. Science has very scarce information about this period of the history of India.

The most numerous data on the culture and socio-economic ties of the Indian people exist for the time period that begins in the second half of the first millennium BC. E. And ends with the first century of a new era. This is the so-called Magadho-Maudy period, during which there was the largest state formation not only in India, but also throughout the Ancient East. They were the empire of Maurya.

Literary monuments of this period are numerous religious and ritual and legal brahmanical compilations - dharmasaster and dharmasutr. There are among them the most famous at the present time. They can be attributed to the Dharmashastra, or the Laws of Manu.

general description

Religious and moral instructions, set out in a poetic form, are the laws of Manu. The general characteristic of this collection gives an idea of the individual and social life of the people of Ancient India. It is believed that the instructions given in this vault are given on behalf of the demigod Manu, who was the legendary progenitor of all mankind.

The word "dharma" comes from the Sanskrit word. It means "one, supporting and embracing all things." Dharma is a cosmic eternal order or law that includes the ordinary rights and norms established in the state. Dharma has always been regarded as the law of social and individual life. Everyone had to follow her without fail.

The Laws of Manu were very significant in the life of the ancient Indian people. The general characteristics, sources, and structure of this collection are now thoroughly studied by historians.

Content

Twelve chapters include the Laws of Manu. General characteristics and specific features of the set of rules are such that all of his articles (and their 2685) are stated in the form of a couplet (shlok). Such a rhythmic feeding is characteristic of many religious and legislative acts of ancient states. An example of this is the Bible.

What are the laws of Manu (general characteristic)? Briefly, the main thrust of this document can be understood from the description of its chapters. The first contains information on the universe, as well as on the divine Self-existent (Creator). It says in it about the origin of varnas (the main 4 estates), as well as the role of the brahmanas, guarding the treasures of the universal Law, predestined for all people.

The second chapter gives a narration about the upbringing of a Hindu adhering to legal norms. According to him, a person must be attached to the knowledge of the Vedas. Only then can it be considered prepared for a new spiritual existence. The second chapter tells about the role played by rituals and customs in the life of the orthodox Hindu. It is said in it and about the sacred wisdom, which is dharmasaster.

What other directions include the Laws of Manu? The general description of the code of rules describes the requirements, as well as the standards for family life. They can be read in chapter III. The text of this section refers to the correct marriages (anulomas) and the consequences of incorrect family ties (pratilom). Here also the requirements for the rituals are advanced.

Chapters IV through VI provide information on the daily rules of hygiene, ways of sacralization of everyday life, and about the proper daily routine. They also give enumeration of forbidden acts, describes the rituals of purification and the way of life.

What other norms do the Laws of Manu contain? General characteristics of the seventh chapter can give an idea of the dharma, which the king must adhere to. This narrative outlines the role played by punishment and justice, the maintenance of order, and the protection of "all creatures." Chapter VII provides advice on tax, administrative, military and other matters.

The Laws of Manu are interesting, the characteristics of the articles of this document, concerning the reasons for which you should apply to the court. In total there are 18. They are set out in chapter VIII. According to the Laws of Manu , a criminal act or violation of contractual relations, violence or theft, insult or slander, adultery, dice, etc. , may be a cause for legal proceedings . The rules on the decision to punish are described in this chapter. It also speaks of the innocence of those who acted to protect against violence a woman, a child or a brahmana priest.

Behavior in the family also describes the Laws of Manu. General characteristics of the ninth chapter gives an idea of the property and personal rights of husband and wife, as well as their duties and inheritance rights. The role of the king, imposing punishment in case of violation of the described norms, is set forth here.

In Chapter X of the Laws of Manu, one can find the rules for varn. They include 7 legitimate ways in which it is possible to acquire property, as well as 10 ways that are allowed for the existence of those who are in distress.

The eleventh chapter regulates the way of life of the untouchable caste, which appears at the conclusion of interwar, mixed, irregular marriages, carried out in violation of dharma.

Chapter XII gives an injunction regarding rituals, worship, and the duties of their participants. It also tells about the responsibility that a person is born with inadequate control over his body, thoughts and words.

These are the Laws of Manu. The general description (briefly) of all its chapters allows to get an idea of this document.

Formation of society

The social stratification of the ancient Indian people began in the bowels of the existing tribal communities. Characteristics of the Laws of Manu allows you to get about this process the most complete representation.

Tribal relations gradually decomposed. This process was part of the historical development of society. More powerful and powerful clans concentrated in their hands military protection, management functions and priestly duties. The result was the development of property and social inequality, the emergence of slavery. The tribal elite has become a tribal aristocracy.

The social division in Ancient India took place according to the caste system. The whole population was divided into four groups - varna:

- Brahmanas (priests);

- Vaisy (farmers);

- ksatriyas (warriors);

- Sudras (untouchables).

Characteristics of the Laws of Manu gives a clear idea of what was the main criterion for dividing the population into groups. So, the brahmanas had to study the Vedas from the age of eight. They were considered adults from the age of sixteen. The Kshatriyas were supposed to study the Vedas from the age of eleven. Their majority came from the age of twenty-two. From the age of twelve, they studied Vaasa Vaishas. They according to the Laws of Manu became adults only in twenty-four years.

Another criterion that made it possible to identify a person's belonging to one or another varna was the fact of his birth. Over time, mixed marriages appeared. In this connection, a different division of the social belonging of a person arose, which took into account the origin of his parents.

Separate varna were untouchables (sudras). They could not be settled in the habitats of other estates, and they had to dress in accordance with the Laws of Manu only in rags. According to their legal status, these people were equated with dogs.

The basis of the social structure of the ancient Indian state was the community. It was a collective of free farmers, or, more simply, a village. The community in Ancient India is an independent self-governing body. If we talk about the laws of Manu, the characteristic of Art. 219 is a concrete confirmation of the fact that the collective of free farmers had the opportunity to economically service themselves, concluding deals even with private individuals.

Formation of castes (jati)

With the development of society and the deepening of the process of division of labor, the process of its stratification continued. A clear idea of this is given by the Laws of Manu (general characteristic). The division into varna and jati (caste) exists in India today.

In the medieval state, the following hierarchy existed:

- the higher castes represented by the class of medium and large feudal lords;

- the lower castes, which included merchants and usurers, small feudal lords and landowners.

Jati, unlike varn, was a kind of corporation. Inside the castes, government bodies were formed, specific rituals, customs and rituals existed. Such a corporation fully supported its members and stood guard over their interests.

Many of the specific features of India can be told by the Laws of Manu (general characteristic). The division into varna and jati existed only in this state. At the same time, castes had a strictly hierarchical system. The laws of Manu allowed marriage only between members of the Jati, claimed hereditary membership, etc.

Property rights

Having studied the Laws of Manu, the general description of the sources of the institutions of public relations of this state becomes evident. All of them are grouped by separate branches of law. And the main areas are several. This includes criminal law, property rights, as well as inheritance and compulsory law. All of them are reflected in the Laws of Manu.

Particularly well developed in Ancient India was the ownership of property. His main components were possession (bhukti), order (svamya), and use (bhagu).

To those who investigate the Laws of Manu, the characterization of the chapters of this document will point to multiple prescriptions aimed at protecting the ownership of various types of movable property, livestock, household implements, grain, and slaves. The earth could belong to man. However, it became property after a long period of possession (30-60 years), provided it was treated in good faith. The one who threw his plot during the sowing or reaping period, according to the Laws of Manu, was to be fined. The same punishment awaited and those who violated the rules of sale.

On various aspects of the life of the society of ancient India, the Laws of Manu tell us. The characteristics of the main institutions of law give an understanding of the disenfranchised position in the state of slaves. They could be the property of a community or an individual. Some slaves worked directly on the state.

Obligatory right

According to the Laws of Manu, any of the treaties was considered as a voluntary agreement. Certain obligations were imposed on the party that caused the damage or unreasonably enriched.

The rules of law of Ancient India described the possible types of contracts, as well as their main provisions and the relations arising in this case. It was believed that the document was valid only in the case of voluntary consent of the parties. The contract, concluded by a drunk or mad man, and also a child or slave of power did not have. This was also indicated by the Laws of Manu. The general description and the main content of the chapters concerning the institution of law indicate that the loan agreement was most well developed. The rule of law in this matter reflected the customs that had been formed over many centuries. So, in Ancient India, usury was widespread. At the same time, high interest rates under these agreements were legalized. The debtor was in full dependence on the norms of law from the creditor. It was allowed to receive the debt by coercion and cunning, force, etc. In the Laws of Manu, no such measures were envisaged. In addition, a debtor who dared lodge a complaint with the creditor himself was fined. Even death did not save me from my duties. The debt was automatically transferred to relatives. High lending rates and the plight of the population were the reason for the wide spread of the institution of debt slavery.

In the field of law of Ancient India, a special place was given to the contract of personal hiring. Articles of the Laws of Manu often mentioned the possibility of slaves and workers in the aggregate. The rights of those who worked under the contract of personal employment, were often violated. The employee was fined for any reason, as a result of which he almost never received the payment due to him. Such a difficult situation forced people to give up their freedom for normal maintenance. At the same time, the Laws of Manu recommended high castes to avoid hired labor in every possible way.

Family and Marriage Relationships

This branch of law is reflected in the ninth chapter of the Laws of Manu. Already her first articles affirm the subordinate position of women in the family, which must obey unconditionally the father, as well as husband and son. In the absence of such a tsar, a guardian must be appointed.

In the Laws of Manu it is said that the father does not have the right to take compensation for his daughter. However, in Ancient India, marriage was an undisclosed sale. Often spouses had a big age difference. This state of affairs was associated with a low marital age.

According to the Laws of Manu, the younger brother did not have the right to marry earlier than the elder brother. Also, the norms forbade the marriages of blood relatives up to the seventh tribe. Separate articles are dedicated to protecting his wife and "purity of offspring". These duties are laid on the laws of Manu by the husband (chapter IX, articles 6, 7).

Right of inheritance

In ancient India, there were traditions. According to the regulations given by the Laws of Manu, the property of the father was to be received only by the sons. The inheritance was not qualified by the weak-minded, state criminals, people expelled from the caste, etc. The wife had the right to own only her son if he did not have children.

In the Laws of Manu, the order of succession was established. The inheritance should not have included everything donated. Property passed into the hands of his own sons. If they were not, then all the acquired was given to the sons of her daughter. Further, heirs were sons who left the house, and then taken back. In the absence of those, all property could go to the guru. He was a domestic priest. If there was neither him nor daughters, then all the things he had been sent to the tsar's treasury.

Based on the analysis of the Laws of Manu, we can conclude that they are an ancient example of inheritance law. Wills were not made at that time. The right of inheritance passed only on this set of rules.

Court and punishment

The Laws of Manu reflect such concepts as criminal law, such as "relapse", "guilt forms", "complicity", and "gravity of guilt", depending on which of the varieties belongs to the perpetrator or the victim.

Reflects the collection of rules and norms of Ancient India and types of crimes. They are divided into:

- state;

- against property;

- against the person;

- encroaching on relations in the family.

They approved the Laws of Manu and various punishments. Among them:

- the death penalty;

- self-mutilation;

- Exile;

- fines;

- imprisonment;

- shaving your head (for a brahmana).

The processes in both criminal and civil cases were conducted in the same way and had an adversarial character. The Supreme Court was ruled by the king with the brahmanas. In addition, the relevant authorities were also available in all administrative units. For every ten villages a judicial board was appointed. All cases were considered based on the hierarchy of varnas.

The main source of evidence was testimony. And for the court they had different value. Everything depended on the witness's belonging to one or another varna. As a proof, tests could be used with fire, water, weights, etc.

The Tsar, as the supreme judge under the Laws of Manu, was entitled to an annual declaration of amnesty.

Conclusion

Apparently, the Laws of Manu were written by the sages of one of the brahmana ancient Indian schools. They also gave the name to this set of rules and norms by the name of the mythical progenitor of man.

In the Middle Ages, the laws of Manu were repeatedly commented on and rewritten. This fact testifies to the great importance that was given in India to this collection.

In 1794 the Laws of Manu were first published in English. The author of the translation was V. Johnson. Subsequently, the collection of norms and rules of the ancient Indian people was repeatedly published in all European languages.