Chankya, Austin, Auguste Combe, Dicey, Thomas Aquinas,HL Hart, Von Savigny, Roscoe Pound

Question 1

Chanakya’s Jurisprudence Intro

Answer 1

His jurisprudence reflects a pragmatic and realist approach to law and governance, deeply rooted in the socio-political and economic context of ancient India.

Question 2

Feature 1 of Chanakya’s Jurisprudence

Answer 2

Foundation in Dharma and Dandaniti (Science of Punishment)
Chanakya’s jurisprudence integrates Dharma (moral law) and Dandaniti (political administration and punishment).
Dharma is the ethical foundation, emphasizing the ruler’s responsibility to maintain justice and order.
Dandaniti, on the other hand, represents the practical enforcement of law and the use of punishment to ensure societal discipline.

Question 3

Feature 2 of Chanakya’s Jurisprudence

Answer 3

Purpose of Law
The primary aim of law, according to Chanakya, is the protection of the state and its people.
Laws should maintain order, safeguard the weak, and ensure the prosperity of society.
Justice is seen as a tool for achieving political stability and economic welfare.

Question 4

Feature 3 of Chanakya’s Jurisprudence

Answer 4

Pragmatic and Utilitarian Approach
Chanakya’s jurisprudence emphasizes realpolitik over idealism. Laws and policies must be practical, efficient, and result-oriented.
For instance, taxation, land reforms, and trade regulations in the Arthashastra are designed to maximize state revenue while ensuring the welfare of citizens.

Question 5

Feature 4 of Chanakya’s Jurisprudence

Answer 5

Role of the King and the State
The king (or ruler) is the chief enforcer of law and justice.
The state’s primary role is to ensure Dharma and Nyaya (justice) through a centralized and well-regulated legal system.
The king is bound by the principles of Dharma and must act in the interest of the people, ensuring fairness and impartiality in governance.

Question 6

Feature 5 of Chanakya’s Jurisprudence

Answer 6

Legal Pluralism
Chanakya recognized the coexistence of multiple sources of law:
Dharma (religious and moral laws)
Customs specific to local communities
Royal Edicts issued by the king
Contracts and agreements between individuals
This pluralistic approach allowed flexibility and adaptability in the legal system.

Question 7

Feature 6 of Chanakya’s Jurisprudence

Answer 7

Codification and Classification of Laws
The Arthashastra categorizes laws into civil, criminal, and economic domains.
Civil Laws: Cover family matters, property disputes, and contracts.
Criminal Laws: Address theft, assault, treason, and other crimes, prescribing specific punishments.
Economic Laws: Regulate trade, commerce, taxation, and agriculture.

Question 8

Feature 7 of Chanakya’s Jurisprudence

Answer 8

Principles of Justice
Justice should be impartial and equitable.
Punishments must be proportional to the crime and consider the offender’s intent and circumstances.
Legal processes should be transparent, swift, and fair, minimizing corruption and delays.