We, at Nyayaशास्त्र, aim to build a community of dynamic learners who possess an unquenchable thirst for knowledge and are always on their toes to work upon themselves. We intend to be your one-stop website to find articles on a variety of disciplines. Not only this, but also you can have meaningful discussions on the topics that interest other spirited intellectuals, such as yourself, within this community.
To further expand your understanding of different theories, we also have a Library feature wherein you can gain a deeper perception of the concepts discussed, via the links therein, which are otherwise explained simply in the articles published.
Now, when the team was brainstorming ideas about the topics which we should touch upon in our first article, we found ourselves at a crossroads. We wanted to inculcate the principle of having an interdisciplinary approach and at the same time, wanted to do something with regard to the conception of NyayaShastra. That’s when it hit us.
We solved this conundrum by writing an article about the origin of various disciplines as seen through the lens of jurisprudence.
So here we are, starting our journey with you through this platform hoping to create valuable connections and have healthy discussions on all that is and isn’t. But, most importantly, let’s have some fun!
Let’s go. Happy Reading!
Legal history
Legal History is a formidable guide to answering one’s questions related to morality and duty fixed by law (which have been the protocol since time immemorial or at least since the notion of ‘rules and regulations’ was conceived.) Notably, legal history has helped intellectuals shape the government by giving valuable feedback on the type of governance experienced and the resulting responses of the people, based on previous patterns.
Now from the perspective of a law student, they might think, “Why do I need to remember what has happened in the past when there is no intrinsic value of the same in court?”
The answer is that law is omnipresent, and everyone either has or will, inevitably, encounter some aspect of it.
According to our understanding, contemporary law relies on arguments on the events or even judgments that have happened in the past, that is, in the form of precedents. Building on this, when you have the relevant knowledge in such a field, you are able to differentiate between good and better arguments and what defenses can take which will make or break your case!
For instance, we came across one such fascinating code, some of whose practices can still be seen in our courts. We were spellbound by the evolution of this code, and how it affected the law that we know today.
Hammurabi’s code
The origin of codified law can be traced back to the ancient Babylonian society ruled by Hammurabi. He compiled a code of laws which consisted of 282 laws governing major areas such as slavery, duties of workers, theft, etc. At the peak of monarchy, rulers had the image of being tyrannical to their core even to the extent of decapitating anyone who dared to question their rule but Hammurabi thought differently. To explain simply, he was all for the principle of ‘An eye for an eye and a tooth for a tooth. When you observe the Codes of Hammurabi, it is like glancing through a window into ancient Babylon society. Hammurabi compiled the oldest deciphered code known to mankind covering legal concepts which are used to this very day such as constitutional monarchy, the ability to present evidence in courts, and the idea of being innocent before proven guilty.
‘An eye for an eye and a tooth for a tooth’
For a long time, people assumed that this concept, known as lex talionis (law of retribution), originated with Moses and Hebrew law. The discovery of the Hammurabi Code called this into question. Not only did the code include lex talionis, but it also literally prescribed such laws for eyes and teeth. If one poked another person in the eye, he or she would lose an eye. The same could be said for teeth and bones. Although it may seem strange to modern sensibilities, this was perfectly rational and fair to Hammurabi!
Hammurabi’s Code might not be used today as it was intended to when written, nevertheless, it is important to know about this code and all the other valuable codes and theories that cease to exist but have left their essence in today's (legal) climate.
Team Nyayaशास्त्र wholeheartedly promotes inculcating a reading habit in your daily regime and thus hopes to inspire a reading culture amongst the community we have created. We urge you to join the same by sharing the texts you are currently reading with the other learners of this community. Through our Library feature, we will be posting in-depth readings of the topics covered in the articles for the ones who would like to have profound knowledge in the said area. Other than that, we would also be posting other readings that came our way and left us mesmerized.
Origin of the ‘Origin’
Just as the ouroboros (emblematic serpent of Greek mythology) depicts, everything eventually changes form, existing continually through cycles of beginning and endings.
Taking a more philosophical yet rational turn, We expand the boundary of this article further to have a glimpse of the philosophical domain as well.
An interesting possibility one can explore that correlates to the concept of origin is that of the number 0. A number that is mathematically a constant, but otherwise has various values! Many scholars have called it a variable constant. Speaking of scholars, let’s talk about the great mathematician-astronomer, Aryabhatta, the person who everyone recognizes as the inventor of 0. But was he truly the only one to invent zero or have we already seen traces of the same much earlier than him?
For instance, the antagonist of the epic ‘Ramayana’, Ravana, had 10 heads. This makes us wonder how the representation of ‘10’ was possible without using the concept of ‘0’. In addition to this, the colossal infrastructure of civilizations such as that of Harappa and Mohenjo-Daro have always been admired for their clear-cut measurements and precise calculations. How were these possible without the comprehension of the postulation of zero!
Upon research, we found that zero has been independently invented three times. Once in Babylon, then by the Mayans, and finally by Aryabhatta. The Babylonian placeholder was rejected on the basis that it was never used alone or at the end of a number. Further, the Greeks rejected the notion of zero as they were unsure about the status of the number. They could not come to the thought of ‘something being nothing’, which did lead to conversations regarding vacuum but not the invention of Zero. Aryabhatta is attributed to this invention as he was the first person to accurately demonstrate the idea of ‘something being nothing’ with the representation we know of today - 0.
Another fact that left us fascinated was that Aryabhatta wrote his book, ‘Aryabhatiya’ in poetic verses. Thereby means, he wrote mathematics as poetry, and was the same person to epitomize ‘nothing’. Coincidence? We think not!
From this discussion, we want to convey the importance of questioning everything. Research every single detail of the facts you come across when you are exploring new domains because the journey you go on, whilst discussing and analyzing the discipline in question, is the one that ultimately matters for your growth.
We, at Nyayaशास्त्र, welcome you to ask questions and subsequently have healthy discussions on the disciplines you are interested in through our Forum feature. The Forum feature helps you to connect, in real-time, with other learners (who have the same interests as you do!) and even professionals of this community.
Sociology
The French philosopher, Auguste Comte, coined the term ‘sociology’ in 1838. He is known as the ‘Father of Sociology’ for he envisioned this particular discipline as the antidote to the setting he witnessed and described as ‘moral anarchy’ as for him, science could be used to study the social world.
Going further back in time, we see that the ancient Greeks might be acclaimed for providing the foundation of this ever-expanding subject. They did this by the way of making a bifurcation between nature (physis, as they called it) which for them meant anything which comes into being without human intervention, and the law or custom (nomos, as they called it) meaning the various human conventions formulated to act as agencies of control. While we are on the topic of ‘nomos’, we can also refer to the fact that it was considered by various Greek thinkers that social life was not a product of nature (with the absence of human intervention) but actually the very product of human creation. They substantiated this theory by saying that if social life was indeed a product of nature and not of human creation, then all the cultures and societies present would inevitably be the same, which as we have experienced, is not the case.
If we look at the Indian context, we can see writings about society tracing back to various Indian texts spanning mythology, religion, and even spirituality. These included (but were not limited to) the Vedas, Smritis, Puranas, Upanishads, and so on which have vast amounts of knowledge on concepts like customs, economics, politics, culture, morality, science, etc.
Moving ahead in the timeline, we see writings of the influential Raja Ram Mohan Roy, who is also known as the ‘Father of Modern India’, on a variety of topics like women, religion, and how various evils like Sati pratha, female infanticide, and even child marriage affected the Indian society. The emergence of Indian sociology in the terms we perceive it today can be traced to the period of thinkers consisting of Vivekananda Dadabhai Naroji, M.G. Ranade, and many others.
We can thus say that in both perspectives, sociology emerged with the conception of modernity to find a way to respond to the said challenge.
Law and Sociology are subjects that are known to be interlinked with each other since time immemorial. In any functional society we need laws to establish the essential social order or else the state of nature of that given society will be barbaric and will be based on jungle rule just like the events which happened in the Bloody Revolution.
It is essential for a student in the legal domain to have a certain degree of knowledge about this discipline as the law itself is considered a form of social control. Law is a mere representation of the thought process of society, laws which are inconsistent with the demands of society will have a hazardous domino effect.
We would also like to quote Niklas Luhmann, a German sociologist who famously said,
“All collective human life is directly or indirectly shaped by law. Law is like knowledge, an essential and all-pervasive fact of the social condition.”
The fundamental message herein is that law will be a crucial element of any peaceful society. Thus, one needs to specifically understand society and its need to create laws to satisfy it.
‘The Queen of Sciences’
It is a given priori that man is a social animal and it is not in his innate ability to live in solitude and be independent due to he is mandated to live a collective life. According to Aristotle, this collective life would initiate a political system of rules and regulations to enforce rules for orderly behavior in society leading to the development of a structure with various government institutions. This also gives rise to the popular statement by Aristotle ``Man is by nature a political animal” he means by this statement that people will be directly or indirectly involved in the political structure of the state.
Looking at the foundation, we see that the word “politics” is derived from the Greek word ‘Polis’ which means the city-state. Greeks made no separation between personal life and the state, and thus, politics in totality was a study of man, society, state, morality, and so on.
Focussing on the relevance of the said discipline, it is not merely a subject on the institution of state and government. It holds a much broader meaning. It is also concerned with the achievement of societal goals, studying the balance of power, and international relations. Other than that, it is crucial the understand a variety of different aspects, of which polity consists. For instance, the study of state and government is important for a student in the legal domain as many laws are made in the context of the working of the government and its machinery. Besides, considering the study of national and international problems, political science is not only seen as the science of political independence but also of state sovereignty in terms that it deals with modern demands of defense of the territory, the representative government, and even national unity. Furthermore, it is the study of the past, present, and future as it seeks to explain the meaning and basic character of the state as well as the laws governing its advancement within the state, in addition to the relation of international organizations and other States. Equally, in the sphere of public law, this field helps in understanding the psyche of a judge giving a deeper understanding of how they formulate judgments. What’s more is that it has also provided for the process to amend laws to cater to the interest and circumstances of the current situation and has made provisions to suit the marginalized sections of the society, who have had a history of oppression.
Political science is scientific as well as humanistic. Aristotle famously called political science, “the queen of sciences”.
Conclusion
At Nyayaशास्त्र, we would whole-heartedly curate and create content that brings together an interdisciplinary approach along with a special emphasis on the legal aspect of things, that would surely make you question (and understand) the finer nuances behind the everyday phenomena. As learning is a two-way process, we’d like intellectually aware readers like yourself to come forward, so that we can have engaging and meaningful conversations about ongoing contemporary themes. You’re always welcome to put out your questions on the Forum of Nyayaशास्त्र and we will be happy to revert back.
See you soon.
Happy Reading,
Team Nyayaशास्त्र
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