Tell me more ×
History Stack Exchange is a question and answer site for historians and history buffs. It's 100% free, no registration required.

We all know the immense contribution ancient Roman, medieval Roman (or Byzantine), and pre-modern HRE cannon law has made to the modern world. These empires relied on a written constitution (or code) and trained magistrates, lawyers, and notaries [cf. Judith Herrin, Byzantium: The Surprising Life of a Medieval Empire; Peter H. Wilson, Europe's Tragedy: A New History of the Thirty Years War]. Much of today's European civil law can trace its origin to those cannons and much of our current legal framework (courts, judges, constitution, senate, and lawyers) are a direct copy of their ideas.

I know that during the Mughal period, the administration was uniform and structured and that there existed courts (known as kotwaalis) and magistrates (or kotwaals) [cf, John Keay: India --A History].

I have four general questions:

  1. Was there a (more or less) uniform law?
  2. Was this law (or these laws) documented?
  3. Were there lawyers?
  4. How effective were these courts? (less being outright civil violence and highly being close to the standards observed in the 15th century HRE)?

And I ask these four general questions for each of the following three periods (thus in total 12 questions --let me know if you want to split them into different posts).

  1. India from 6th century CE - 11th century CE (when it was divided amongst many smaller kingdoms for most times).
  2. India from 11th century CE - 15th century CE (pre Mughal Islamic period in the North; divided rule in the South).
  3. India from 16th century CE - 18th century CE (post Sher Shah Suri period --when the reforms started to the beginnings of the Company rule).
share|improve this question
I don't have a ready answer for you, but can point out this relevant source: Amartya Sen: The Argumentative Indian: Writings on Indian History, Culture and Identity – Drux Feb 17 at 11:34

2 Answers

From the 6th Century CE to the 11th century CE, the laws followed were in the form of edicts issued by Emperor Ashoka the 'great'.This was followed till the end of the Maurya Dynasty.

share|improve this answer
2  
Welcome to the site! Can you perhaps expand the answer a bit? – Felix Goldberg Dec 19 '12 at 10:47

Law in Ancient India was followed by the Kings based on the Artha Shastra compiled by The Legendary Kautilya.

At least it is believed commonly in India among the common folk that Artha Shastra was indeed the guidelines for a King to be an astute ruler.

This was followed by definitely by the Mauryan Kings and was considered to be the last of such a treatise on the art of statecraft,war and foreign Policy.

There are individual sections in the book for the following 1) Treasury, Sources of revenue, Accounts and Audit. 2) Civil service regulations 3) Departments of the government 4) Law and Justice

Regarding the documentation of these laws, the culture of passing down the art,literature in ancient India was primarily Oral, so we do not find a single complete source of the same.

Even before the Mauryan empire came to existence, there were earlier versions by Brihaspati,Ushanas,Prachetasa Manu, Parasara, Ambhi, Vishalaksha and finally Bharadwaja.

It is believed that Kautilya version's influence lessened after 12th -13th century due to the foreign invasions and foriegn Kings.

So it can be said that, Artha Shastra did define a legal framework to be followed by Ancient Indian Kings.

share|improve this answer
How was justice delivered/ensured? Say I had a dispute over land ownership did I go to a city official? – Monster Truck Feb 21 at 0:56
@MonsterTruck In Artha shastra , the people who maintain law are Judges and Magistrates (King in special cases i believe) who are of the ranks of ministers. There will be panel of judges ( for civil cases) and magistrates ( for criminal cases and marriages) . If you have a dispute over land you go to the judges and file a suit. Then you will have to give statements to the clerks (also your defendant gives) Then hearing will start. You have to provide sureties till the dispute is settled. Witnesses will be bought by yourself to support your case and Judges will decide on the dispute. – kartshan Feb 22 at 0:42

Your Answer

 
discard

By posting your answer, you agree to the privacy policy and terms of service.

Not the answer you're looking for? Browse other questions tagged or ask your own question.