When one considers the law of Ancient India, the Laws of Manu are the first thing one notices. This collection is the most famous and publicly accessible monument of ancient Indian legal culture. He enjoyed authority both in antiquity and in the Middle Ages. According to the legends of the Hindus, its author is the progenitor of people - Manu.
History of Creation
In fact, the Laws of Manu are not so ancient. During the 6th-5th centuries BC, more and more new large states with a slave-owning system arose in India. Powers developed, there were changes both in ideology and in tribal institutions. And the customary oral law that existed before that could no longer correspond to the level of development of states, could not satisfy their needs. Then there were dharmasutras - collections of written rules, which were based on the Vedas. The first mention of the dharmasutra of Manu dates back to the 9th century BC. Modern researchers have come to the conclusion that the Laws of Manu, such as they have come down to us, took shape in the 2nd century BC. At the same time, according to the prominent Sanskrit scholar G. Buhler, a certain dharmasutra i, which formed the basis of the collection, has not survived to our time.
Ancient Indian Laws of Manu
The text of the Laws of Manu is twelve chapters. The collection consists of 2685 articles, which are couplets.
Only chapters VIII and IX contain directly legal norms, the rest explain the caste system of Ancient India. She's in the foreground here. According to the Laws of Manu, in ancient India there was a class division of society. People are divided into Brahmins, Kshatriyas, Vaishyas, Shudras and Untouchables.
The laws of Manu have a certain logic of presentation of the material, but the division of law into branches is not yet provided for. Also, the rules of law in the collection are very closely intertwined with religious postulates.
The Laws pay great attention to the protection of ownership of movable property. So, there are rules governing the contract of donation, purchase and sale, loan and others. There are also guarantees for the fulfillment of obligations - a pledge and a surety. The loan agreement has already been worked out in detail, but it is still not legally literate. This fact testifies to the high level and flourishing of usury.
The Laws of Manu despise wage labor and support slavery.
As for family relations, here the woman is in a subordinate position, polygamy is allowed and mixing of varnas is prohibited.
The Dharma Sutras were more of a set of rules, teachings and recommendations than actual legislation. In such a collection as the Laws of Manu, there is a rather interesting basisand philosophical meaning. Many recommendations became the basic rules that were used in the study of war tactics and in the development of strategies. For example, it was the duty of the ruler, according to the Laws of Manu, to be brave in battle, to always protect his subjects, to be ready for war every day. Also, the king had to hide his secrets, but be able to find out the weaknesses of enemies.
