The developing literature of Hinduism has linked the Dharma to two other important concepts: Ṛta and Māyā. Ṛta in the Vedas is the truth and cosmic principle that governs and coordinates the functioning of the universe and everything in it. [44] [45] Māyā in the Rig-veda and later in literature means illusion, deception, deception, magic that misleads and creates disorder,[46] is therefore contrary to reality, laws and rules that establish order, predictability and harmony. Paul Horsch[28] suggests that Ṛta and dharma are parallel concepts, the former being a cosmic principle, the latter of the moral social sphere; while Māyā and Dharma are also correlative concepts, the former being that which corrupts the law and the moral life, the latter being that which strengthens the law and the moral life. [45] [47] The word Dharma has its roots in the Sanskrit dhr,” which means “to hold or support,” and is related to the Latin firmus (firm, stable). [21] This gives rise to the meaning of “what is established or firm” and therefore of “right”. It is derived from an older Vedic Sanskrit n-stem dharman, with a literal meaning of “bearer, partisan”, in a religious sense conceived as an aspect of RTA. [22] According to Klaus Klostermaier, the Hindu scholar Vātsyāyana of the 4th century AD explained the Dharma by comparing it to the Adharma. [66] Vātsyāyana suggested that the Dharma resides not only in one`s own actions, but also in the words one speaks or writes, and in thoughts. According to Vātsyāyana:[66][67] Dhrama, as described by Judge M. Rama Jois[4] was told: “Dharma is that which sustains and ensures the progress and well-being of all in this world and eternal beatitude in the other world. The Dharma is proclaimed in the form of commandments. Mahabhartha also includes a discussion on the question of the definition of Dharma.[5] The Dharma in the words of Madhavacharya is: “It is very difficult to define the Dharma.
Dharma has been explained as what supports the elevation of living things. Therefore, what ensures the well-being (of living beings) is certainly the Dharma. Contrary to popular belief, Dharma does not mean or support religion, but it is a whole body of rules and believes in itself, including religious rights, rules of conduct, and duties. When we talk here about religious rights or duties, no one prefers it to the other, but describes it for all religions. Dharma, as Jaimini says, “is based on a revelation that is conducive to the well-being of society determined by the great Vedas.” The Dharma is mainly based on the Vedas and has many clues such as Sruti, Smriti and moral laws (Sadachar) and ruled people`s lives in ancient times. The Dharma was a duties-based legal system in which each individual has a duty to other members of society, as Duguit puts it: “The only right that every human being can possess is the right to do his duty, his theory of social solidarity says that even the sovereign or state is not in a special position or privilege and his existence is justified only as long as how he does his duty. [3], which is in direct contrast to the current legal system, which defines rights, not obligations. In this research project, we will see the close relationship between the Dharma and the current legal system. Classical Hindu law, according to Donald Davis, “represents one of the lesser-known but most demanding traditions of legal theory and jurisprudence in world history.
Hindu jurisprudential texts contain detailed and meticulous philosophical reflections on the nature of law and religion. The nature of Hindu law as a tradition has been the subject of debate and misunderstanding both within and outside professional circles. [4] In Buddhism, Dharma means “cosmic law and order”[12][14] as expressed in the Buddha`s teachings. [12] [14] In Buddhist philosophy, Dhamma/Dharma is also the term for “phenomena.” [15] [Note 2] The meaning of the word Dharma depends on the context, and its meaning has evolved as the ideas of Hinduism have evolved throughout history. In the early texts and ancient myths of Hinduism, Dharma meant cosmic law, the rules that created the universe from chaos, as well as rituals; In the later Vedas, the Upanishads, puranas and epics, the meaning became refined, richer and more complex, and the word was applied to different contexts. [17] In some contexts, Dharma refers to human behaviors deemed necessary for the order of things in the universe, principles that prevent chaos, behaviors, and actions necessary for all life in nature, society, family, and at the individual level. [12] [17] [32] [Note 1] The Dharma includes ideas such as duty, rights, character, vocation, religion, customs, and all behaviors that are considered appropriate, correct, or morally right. [33] According to Hindu jurisprudence, Dharma means duty in various contexts. This could mean either strict obligations or even friendly, legal and otherworldly obligations. Some groups also use the word to refer to exemplary nature, which gives it a moralizing understanding.
In simply legitimate terms, some groups allude to the idea of justice as a dharma. Some texts of Hinduism describe the Dharma for society and at the individual level. Of these, the most frequently cited is Manusmriti, which describes the four Varnas, their rights and obligations. [75] However, most texts in Hinduism deal with the Dharma without mention of Varna (caste). [76] Other Dharma texts and smritis differ from Manusmriti on the nature and structure of Varnas. [75] Other texts, however, call into question varna`s very existence. Bhrigu, for example, presents in the epics the theory that the Dharma does not require Varnas. [77] In practice, it is generally believed that medieval India was a socially stratified society in which each social class inherits a profession and is endogamous. It includes in particular discourses on basic principles (such as the Four Noble Truths and the Noble Eightfold Path), in contrast to parables and poems.
The Tattvartha Sutra, an important Jain text, mentions the Daśa Dharma (lit. “ten Dharmas”) and refers to ten just virtues: tolerance, modesty, frankness, purity, truthfulness, restraint, rigor, renunciation, non-attachment and celibacy. [95] Acārya Amṛtacandra, author of the Jain text Puruṣārthasiddhyupāya, writes:[96] The development of legal pluralism, that is, a separate law based on the religion of the individual, has been controversial in India from the beginning. [2] The code of life to achieve these four means as much as possible for each individual speaks for the full range of the Hindu Dharma, with the various refinements presented between these points and between the various human practices necessary to accomplish these points, thus evoking the types of Dharma, which are commonly perceived in India. for example, Samanyadharma, Varnadharma, Asramadharma and so on.[7] .
