Ancient Indian Jurisprudence in Mahabharata and

It’s relevance in contemporary Times: A critical

Analysis

(Project Report)

Submitted to:
Dr. KAUMUDHI CHALLA
(Faculty, HNLU Raipur)

Submitted By:
SHANTANU VAISHNAV
Student, B.A.LL. B. (Hons.)
Semester – V, Section – B, Roll No. 142

Hidayatullah National Law University

Uparwara Post, Abhanpur, Atal Nagar – 492002 (C.G.)
 Declaration

I,Shantanu Vaishnav,here by declare that the project work entitled “Ancient Indian
Jurisprudence in Mahabharata and It’s relevance in contemporary Times: A critical
Analysis” submitted To Hidayatullah National Law University, Raipur is are cord of original
work done by me under the guidance of Dr. Kaumudhi Challa(faculty) of Hidayatullah
National Law University,Raipur.

ShantanuVaishnav

Semester V, SectionB

B.A.LL.B.

Roll No.142

i
 Certificate
This is to certify that Mr. Shantanu Vaishnav Roll Number- 142, student of Semester- V of
B.A.LL.B.(Hons.), Hidayatullah National Law University, Atal Nagar (Chhattisgarh) has
undergoneresearchoftheprojectworktitled“Ancient Indian Jurisprudence in Mahabharata and
It’s relevance in contemporary Times: A critical Analysis” in partial fulfilment of the subject
Jurisprudence. His performance in research work is up to thelevel.

Place: Atal Nagar

Date: 03.09.2019

..............................
Dr.KaumudhiChalla.
(Faculty-Jurisprudence)

H.N.L.U., New Raipur,Chhattisgarh

ii
 Acknowledgements
I feel highly elated to work on the topic “Ancient Indian Jurisprudence in Mahabharata and
It’s relevance in contemporary Times: A critical Analysis” because of its relevance in the
understanding the jurisprudential framework of the society and its functioning in the state.

I express my deepest regard and gratitude for our Faculty of Jurisprudence,

Dr.KaumudhiChallafor her consistent supervision, constant inspiration and invaluable
guidance, which have been of immense help in understanding and carrying out the importance of
the projectreport.

I would like to thank my family and friends without whose support and encouragement,this
project would not have been areality.

I take this opportunity to also thank the University and the Hon’ble Vice Chancellor of the
University for providing extensive database resources in the Library and through Internet.

ShantanuVaishnav

Semester V, SectionB

B.A.LL.B.

Roll No.142

iii
 Contents

Declaration i
Certificate ii
Acknowledgements iii
Content iv

1 Introduction .......................................................................................................................... 1
1.1. Research Methodology. ....................................................................................................2
• Statement of Problem ......................................................................................................2
• Rationale of study. ...........................................................................................................2
• Objectives. ........................................................................................................................2
• ReviewofLiterature ..........................................................................................................2
• Hypothesis. ...................................................................................................................... 3
• Natureofstudy. ................................................................................................................3
• SourcesofData. ................................................................................................................ 3
• Chapterisation................................................................................................................ 3
• Timelimit. ....................................................................................................................... 4
• Contribution ................................................................................................................... 4
• Limitation ofstudy. ........................................................................................................ 4
2. Historical SchoolofJurisprudence ........................................................................................ 5
2.1. Introduction ..................................................................................................................... 5
2.2. Jurists… ........................................................................................................................... 6
3. Realist SchoolofJurisprudence ............................................................................................13
3.1. AmericanRealism .......................................................................................................... 13
3.2. ScandinavianLegalRealism ........................................................................................... 20
4. Relation between Historical & Realist School of Jurisprudence & their Present
Scenario ................................................................................................................................. 22
4.1. Relationship between Historical & Realist SchoolofJurisprudence ......................... 22
4.2. Historical School in the PresentIndianScenario…......................................................24
4.3. Realist School in the PresentIndian Scenario ............................................................. 26
5. Conclusion ............................................................................................................................. 29
6. Bibliography .......................................................................................................................... 31

iv
 INTRODUCTION

The classical Natural Law Theory was for a long time associated with God.In order to expand the
reach of the theory, Hugo Grotius, the father of international was the first to delink Natural
LawTheory from God by suggesting thatWhat we have been saying would have a degree of validity
even if we shouldcommode that which cannot be conceded without the utmost wickedness, thatthere
is no God, or that the affairs of men are of no concern to Him.Interesting, Mahabharata does not place
the agency of dharma on God. Asnoted above Draupadi in her desperation appeals to dharma of the
kings. None ofthe participants in the assembly invoke God to answer the query on dharmaIndeed in
the famous Krishna-Arjuna dialogue moments before the war, thoughthe most famous verse is to be
intent on the action, not on the fruits of action,as not the compelling argument Arjuna remains
unfazed. Krishna's ultimateargument is that of destiny where Arjuna realizes that he is merely a tool
forwhat has already been ordained. Reliance upon the argument of destiny mayindicate entry of God
through the backdoor However, the final words of Krishnato Arjuna are instructive - Invoking the
criticality of human agency he saysThis knowledge I have taught is more arcane than any mystery -
consider itcompletely then act as you choose The ball is back in Arjuna's court.

The philosophy of Mahabharata, is Natural Law theory is acutely empowering It places the agency on
humans. Unlike the formalist Exclusive Legal Positivism it does not believe that law has an authority
and hence there is an obligation to obey law qua law It does not argue that a norm would lose its
authoritativeness if it requires norm subjects to decide what the norm is Clearly a ta does not reflect a
black and white worldview. It takes cognizance of the shades of grey Indeed, grey ubiquitous.
Mahabharata does not intend to fully settle the disputes of “Dharma. The opening verse in Bhagavad-
Gita is “Dharmakshetre kurukshetre” indicating that it is not mere war but “just war” with
humongous moral connotation. However competing claims to the throne on behalf of the Kauravas
and the Pandavas are dubious. Duryodhana refuses to grant the Pandav “evenfive villages” though
King Dhritarashtra had already divided the Kingdom.

The Pandavas' postulation as heir apparent to the throne is equallyunfair as their father Pandu was
younger to Dhritarashtra. As in life so in lawthere is a constant struggle between competing evils. The
jurisprudence inMahabharata grapples with choosing between the lesser of the two evils. Should
the Kauravas representing what is wrong with the world be defeated throughimpure means?
5
Krishna's answer is in affirmative owing to the choice of lesser evil. This issimilar to Professor
H.L.A. Hart's remark in the celebrated Hart-Fuller debate that the choice of lesser evil could be in
certain circumstances be preferable.1

The upshot of dharma in Mahabharata is complex. Like Kaushika who chosethe dharma of satya
(truth) over ahimsa(non-violence) but was condemned to hellmerely because the agency of
interpretation lies with human beings, it does notnecessarily guarantee accurate understanding of
critical morality. PerhapsMahabharata had dharma in mind when it somewhat hubristically stated:
"what ishere is found elsewhere; what is not here is nowhere Nevertheless, what isclear from the
Natural Law Theory as well as Mahabharata is that human reasonis capable of exploring the truth
called dharma. Slavery and sati may have beenpart of conventional morality in the past. However, it
is arguable whether theyever constituted critical morality or dharma, Sati and slavery were abolished
notbecause of a Bhisma like approach of avoidance but owing to society's ability andwillingness to
come to grips with reasonableness. The Lady Justice Justitia maybe blindfolded but the voyage of
dharma ought to continue

1
Dealing with the case of German woman who sought to get her husband indicted under a Nazi law during Second World
War, Professor H.LA Hart said. There were, of course, two other choices One was to let the woman go unpunished; one
can sympathize with and endorse the view that this might have been a bad thing to do. The other was to face the fact that
if the women were to be punished it must be pursuant to the introduction of a frankly retrospective law and with a full
consciousness of what was sacrificed in securing the punishment in this way H.LA Hart, Positivism and separation of law
and morals,71 HARV. L. REV. 593, 619 (1958)
6
 1.1. ResearchMethodology

Statement ofProblem

The main problem dealt in this project report is to study the Historical & Realist schools of
Jurisprudence. The project Report further tries to compare the central features of both the
school and their applicability in the present scenario.

Rationale of the study

Mahabharta being great epic of this land also puts light on the culture, tradition of ancient
India, and due to its great detailing of society at that time it also help to understand the
ancient jurisprudential system of the country and it also important to understand the usage
and application of in contemporary time.

Objectives of the Study 

The main objectives of the study are:-

i. To understand the legal system prevailing during the Mahabharata time
ii. To study the relevance of jurisprudential system of Mahabharata in modern contemporary
times.

Review of Literature


7
 Hypothesis

Mahabharata being such a great odyssey is still influential in present time and its values and its
concepts are still relevant to contemporary times.

Sources of Data-

Data that were used for the completion of this research project are all secondary sources of
data ranging from books, journal, articles and other online sources and as far as case laws are
concerned these cannot be said to be primary sources since they are not first-hand
information or judgment reports but a modified form found in books orjournals.

Nature of the study-

This research project is Doctrinal in nature since it is largely based on secondary & electronic
sources of data and also since there is no field work involved while producing this research
and it largely involves study of various theories and comparison from different books, journal
and other online sources thus not being empirical in nature.

Chapterisation

This project report has been divided into following chapters

1. Chapter 1- The Philosophical concept of Dharma

2. Chapter 2- Dharma concept and meaning
3. Chapter 3- Modern law distinguished from Dharma

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Timelimit

This study has been completed in ten to twelve days from the date of allotment of the research
topic.

Contribution of the study

The research seeks to empower and enlighten the reader about how different the law
prevailed in Mahabharata as compared to the present time. This will further enlighten
prospective reader to understand the real and true meaning of law and how things change
with time and whether it will remain the same or will continue to evolve.

Limitation of the study-

This project report covers how

9
 1. The philosophical concept of Dharma

The literal meaning of the term "dharmti" is that which sustains or upholds. This word “dharma”
comes from the Sanskrit root which means “holding” or “stabilishing”. All those laws and are given
the name of dharma which hold society and theindividual i.e. which keep him on the right track and
defend him and preserve him. In this it is dharma which is the moral system.

A. According to Mahanarayanopnisdd,

 The stability of the universe and the world is with dharma and it is with dharma hat the
subjects are looked after; dharma removes demerits and everyone’s stability is with dharma.
Thus, dharma has been called supreme.

B. Mahabharata defines dharma as that which does not harm anyone,

C. Lord Krishna says in the Mahabharata,

 Dharma has been made for the good of creation. In this way, the respect of dharma has special
importance in the Indian ethics.

India is a very old country with a great past - rich in its cultural, political and legal heritage. It is India
where for the first time an idealistic and pragmatic legal philosophy evolved based on certain values
spiritual as well as material

A. Dharma
B. Artlia
C. Kama &
D. Moksha

10
Within the ring of dharma, the life wheel of ancient Hindu moved for the attainment of prosperity
“artha” and for gratification of senses and desires “kamas" with a view to attain spiritual liberation or
salvation “moksha”. The ancient Indian legal philosophers, were not mere dreamers or other worldly
but were universalists, humanists, rationalists and above all moralists who evolved a system of legal
philosophy which was based on their conception of dharma.

The idea of pursharthas is fundamental principle of Indian legal ethics. According to it, the aim of
every person in the world is to attain the four purushartas - dharma, artha, kama and moksha. Kama is
a natural tendency in every person. Wealth is the means of fulfillment of kama and other needs and
the life system of society. Dharma implies the laws or principles on which society is based.
According to the VAISESIKA philosophy, dharma is that which leads to improvement in the world
and to moksha in the next. Dharma or duty, wealth and kama relate to objects of this world. These
are, in brief, called the trivarga duty, wealth and sex indicate respectively ethical legal ideals,
physical means and physical, mental and vital desires or man.

In this way it is man’s duty to fulfill the three. Besides trivargas, moksha is just as important in
human life. At one time the Hindu interpreted trivarga as means to moksha but generally all the four
purusharthas have been stressed.

VATSYAYAN writes, “a man hundred years of age should gain knowledge in childhood, sex
satisfaction in youth and attend to duty and moksha in old age.

MANU states clearly, "some people attribute more importance to duty, some to wealth and some to
sex. Actually, all three are equally important and creditable".

MANU has gone to the extent of saying that man should try for moksha only after he has passed
through the three ashrams to use duty, wealth and sex, and has rid himself of the threer inas because a
person not doing so will find himself in trouble. In this way, it is clear that with regard to the aim of
life, Indian ethics emphasizes an integral approach.

11
There are many instances in history, of the balance between the society and the individual being lost
due to laying of excessive emphasis upon one aspect of life. Buddhist, Christians, among them St.
PAUL and TARTULIAN and priests o middle ages in Europelaid excessive emphasis on abstention
with the result that there was a strong reaction in the direction of immorality. Vama Margi Buddhists
took women and wine to be an important part of the means. Immorality was conspicuous by its
absence in groups like Choli Margaa. In Europe in the middle ages, the monastries had become
centers of corruption. This reaction was manifested in other directions in the form of cruelty and
violence. Indian ethicists were acquainted with those psychological probabilities. They, thus,
emphasized all the four purusharthas equally. This kept the organization of society and the individual
solid and balanced.

The Hindu mind strove a balance between the two by generating a spirit of selfless
service and duty as important component of dharma.

No Indian ruler could claim with impurity as ALAUDDIN KHILJI of the medieval Indian and
LouisXIV of France did that they were the state. Indeed the ancient Indian law-givers were also clear
in their mind about the limitations of one-mans’ rule. They, therefore, enunciated the doctrine of
partial or limited sovereignty assigned to the king to administer the country without legislative power
or rule making power whatsoever. Hindu thinkers always held law or dharma superior to state or
government. The state was by no means a source of law as has been propounded by a number of
European legal pundits like HOBBES and HEGEL. Indeed, the kingship was a trust and the Indian
kings like ASHOKA and HARSHA looked upon themselves in the light. Moreover, fear of popular
revolt was another deterrent tyrannical or gross misrule. Mahabharat2 sanctions rebellion against a
worthless king.

The Hindu jurist therefore, never depicted state as a “necessary evil”. It was on the other hand
considered necessary for the advancement of dharma. “Human beings can find security only in and
through the state. Without a sovereign authority to establish law and order and maintain peace,
stronger will swallow the weaker in the manner of fish”. It was. therefore, paramount duty of the king
to promote the cause of dharma. If the law and order are not maintained by the king, the

2
ACHARYA N.K.: Cultural Polity of Hindu P.92 (1971)
12
righteousness would soon disappear,unrighteousness would prevail everywhere. None would care for
the code of ethics and exist.
Shantiparva elaborately describes the nature of law, state and their relationship with individuals.

Ramayan, Taitereya Brahman and Mahabharata are also dominated by social, political and legal
philosophy of Hindus which enjoin both upon the king and individuals to follow establish
laws“dharma” without fear or favour with strict control over personal whims and desires.

In Mahabharata, there is a reference to social contract theory wherein king is appointed by God with
the consent of the people and a dandneeti “sanction or punishment” was an instrument to promote
public welfare, protect society and achieve the ends laid down by the law of dharma. The existence of
sabha and samitis were basic to give validity to the decisions of the king. It is true king exercised
absolute powers - administrative and judicial - but subject to law of dharma or interpreted by
Brahmin scholars, rishis"saints ". The decisions of the rishis were therefore, no less binding and valid
for the ingas the decisions of the supreme court of India in modern times. If the king did not care of
the verdict of the rishis, he would incur wrath of the people and of Gods.

As MANU says, "dharma” when violated verily destroys, dharma when preserved, preserves,
therefore, dharma should not be violated, least the violated dharma destroys us. Thus, consent of the
sovereignty “kingship" of the state was force “danda” whih was to be used solely for enforcing
ordinance of dharma. Hindu state was thus subservient to law or dharma which guided and controlled
the state for all practical purposes

Thus Hindus developed theory of government and state called Rajadharama. The arthashastra and
dharmashastras give a detailed exposition of rajdharama under which`protection of people and
maintenance of social order was described as the vital duties of the state.

The Rajanushashan parva of the Mahabharata is a veritable treasure house of ideas on the dharraa of
the king - arthashastra declares that "of a king, religious vow is his readiness of action; satisfactory
discharge of duties is his performance of sacrifices, equal protection to all is his offer of fees” and the
ideal king regards the happiness of his subjects as his own happiness which can be realized only
through the observance and practice of dharma.
13
In short, Hindu state or king was subservient to dharma. He was only a custodian, executor and
servant of the law and had no direct authority to make law, to interpret law, whatever decrees or
regulations he formed was supposed to be in accordance with sacred law of dharma.

KAUTILY. YAJNAWALKYA, NARAD, etc. categorically uphold the view and is further supported
by eminent scholars like - Prof. Rangaswamiaiyangar, Dr.P.K. Mookerjee who also declared that king
in ancient India was not free to make laws and was subject to law like any other individual

14
 2 - DHARMA - CONCEPT AND MEANING

DHARMA - CONCEPT AND MEANING

Side by side of the vedic “rita ” the concept of “dharma " was also evolved especially by Manu.

Dharma hereby came to be known as custom, moral laws, laws or duties in general, what
is right.

The term - dharma is derived from the root dhri means to sustain, uphold, hold together
corresponding its predecessor the early vedic concept of “rita”.

In “brahmanas” the concept of dharma largely supersedes3 the vedic concept of "Rita". As the
complexity of social organization increased the old concept of “Rita" was found to be inadequate
whereas the concept of dharma was able to answer practically all needs of the evolving situation.
Dharma gradually emerges as a code of duties towards gods, sages, men. Lower orders of creatures.

PANINI - the great Sanskrit grammarian of the 5th century BC interprets dharma as an act of
religious merit, custom and usage. Thus, dharma came to mean “moral proper, ethical duty, religious
virtue idea, absolute truth, universal law as principle, divine justice, conventional code of customs
and traditions”.

Mahabharata describes it as being ordained for the advancement and growth of all creatures “for
restricting creatures from injuring one another” and to uphold all creatures. It is not a simple and
unitary but manifold and complex and relates to the behaviour of the state and its subjects, castes,
families, groups and orders of life, charity, and expediency, salvation, duties of men and women and
duties of human beings in general.

But in essence the Indian thinking about dharma may be expressed “as a belief in the conservation of
moral values ”.

3
GOKHALE G.B.: Indian Thought Through Ages, P.24-27 (Asia Publishing House, New Delhi, 1961)
15
Dharma in other words pre-supposes "an eternal moral order which is based on cosmic archetypal
ideation which persists immutability which is utterly independent of and indifferent to merely human
preferences, conveniences and manipulations". Thus, dharma has been the regulator of all human
activities, whether social or individual,rational or mystical, mundane or spiritual. It is dharma that
great men like Dilip, Bharat, Rama, Yudhisthira, Ashoka, Harsh and Gandhiji sought inspiration for
establishing justice and moral order. Its principles are eternal, immutable based on reason, truth and
morality to sustain the moral order on which social structure was based on. It infused an ideal of
higher law by which the ruler and the ruled were equally bound and it was the model indicator to
distinguish between evil and good, right and wrong, just and unjust. It is dharma which has impelled
men since vedic ages to strive for “righteousness". In short, the Indian view of dharma is of a very
high order which strikes a golden mean between two extremes of..

1) Pravaritti and
2) Nivritti

Pravaritti means action which motives and intentions for realizing ones’ desires.

Nivritti means renunciation, sanyasa giving up everything.

It strikes a balance between self indulgences as in prevalent in the materialistic west and self negation
as is preached by Buddhism and Jainism. It underlines self control and dharma is the guiding standard
for realizing Artha and Kama. Such a higher law of dharma has always been an inspiring, controlling
and guiding factor for realizing righteousness and justice.

Lord Krishan himself declared, '‘whenever righteousness is on the decline and unrighteousness is on
the ascendant for the sake of upliftment of righteousness and destruction of the evil powers and for
the purpose of establishing dharma God incarnates and come into being on the earth from age to
age”. It is this higher law of morality, justice and righteousness which has been continuously guiding
and directing Hindu thought, spirit and action from times immemorial and would continue to mould
for the realization of dharma in a timeless fashion.

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In ancient legal system of India, dharma and law were synonymous terms because the latter
essentially constituted a part of the former. According to Jaimini, dharma is founded on revelation
which is conducive to the welfare of the society. Jaimini says dharma is that which is ordained by the
Vedas4.

According to Manusmriti, conduct is the basis of dharma and it is not what you think but what you do
constitutes your dharma. Non-violence is the essence of dharma.5

In ordinary sense dharma is taken to be synonymous with religion though in fact it has a much wider
import. Religion and law are only the facets of dharma. Thus the tem dharma also embodies the
present notion of law. In the widest sense, dharma suggests all pervading rules or order that upholds
the universe. This inexorable and unalterable order makes the universe what it is. Thus dharma is
much broader than what law connotes and is used in various other senses such as conduct, right, duty
and functions of the legal order.

The fundamental principles underlying dharma is uniformity or regularity of order which is

universally accepted. It may, therefore, include statutory law, law of nature, law of society, law of
creation, law of gravitation, etc. From the point of view of common man the term dharma may be
said to include three things, namely,

1) Religion,
2) Duty, and
3) Inseparable quality of a thing or order

In the absence of a better expression dharma has been translated as “religion " in English language.
Literally speaking, religion is a principle of unification and harmonization "Latin : Religio Onis : R -
back; Ligare - bind”. The term religion suggests that the two objects of unification were originally
unified and have been only temporarily separated. Religion is thus based on the faith in the ultimate
unity of man and God, the finite and infinite, and hence, any religion which posits a permanent gap
between man and God, convertly, denies its claim to be called a religion. If a man is not essentially

4
Dr.GHOSH R.B : Law of Mortgages (4lh Ed.) P.36
5
JAIMINI: Purva Mimansa
17
divine, all religion is impossible. A religion based on materialism, melionism, ethicism or
pragmatism, defeats its purpose. In strict sense of the word “religion” may be said to be the
obedience to the law of God.

According to Mahatma Gandhi, “God and His law are synonymous terms and therefore, God
signifies an unchanging living law. No one has really found him but Prophets have by their devotion
and sadhna have given to mankind a faint glimpse of the eternal law”6

Dharma stands for duty or kartavya. For instance, “rajdharma” connotes the duty of ruler, grahastha
dharma - signifies the duty of woman and so on. Similarly, there may be the duty of a doctor, judge,
lawyer, priest, teacher, leader, administrator, etc. The ancient Hindu dharma dealt with the duty of the
king or ruler in great detail. He was supposed for to protect his subject from internal and external
dangers, but if he behaved otherwise and failed to protect them from the wicked, he was deemed to be
unworthy of the position he occupied and could be dethroned.

In the third sense, “dharma" connotes essential characteristic features of a thing or object. For
instance, the essential characteristic ‘dharma’ of agni, i.e. fire is to bum anything and everything
without discrimination. Similarly, the “dharma” of water is to quench fire. This is unalterable and
immutable.

According to Dr. KANE, the dharma passed through several transitions over the years and in the
modern context it signifies privileges, duties and obligations of man, his standard of conduct as a
member of the society1.

MANU, the great Hindu la, commentator observed that, “dharma is that which is followed by those
learned in the Vedas and what is approved by conscience of the virtuous who are free from hatred
and inordinate affection2’’. Thus, he pointed out that "dharma” is a noble feeling born from within
the heart, which has approval of virtous people. But he stressed that mere noble feeling is
meaningless unless it is translated into action. In other words dharma, noble motive and action both
are necessary.

6
Quoted from : "Sanatan Dharma & Law" by Justice KB Panda (1977) P.23
18
MANU has described fourfold indices of dharma i.e.
i) Sruti; that is Vedas
h) Srnriti
iii) Sadachar and
iv) That which is pleasing to and’s conscience

Thus, in MANU’s conception of dharma, we find a complete blending of religion, morality, and law.
It may be stated that out of these four features, it is only the sadachar "good conduct” aspect of
dharma that corresponds to law, which in modern context means a code of conduct which regulates
human behaviour and mutual relations of individuals "inter-se” as also with the state. In the modem
sense, “sadachar” i.e. moral law is broad-based, liberal, flexible, and humane and juts, and it is to be
adjudged by the law in force.

19
 3 - MODERN LAW DISTINGUISHED FROM DHARMA

It must, however, be stated that the modern law does not touch the moral or religious aspect of
ancient dharma. Law in the modern context is confined to rights, legal obligations, duties, etc. It is in
this sense that law is different from dharma or ‘sadachar ” because the former sustains in particular
society but the latter is all-pervasive and applies to the entire universe. Further, law confines itself to
only such obligations as are created by the sovereign or the state but dharma has a much wider
connotation and includes religious, moral, social and legal activities of mankind. Again very
improper or undesirable conduct is opposed to “sadachara" and hence opposed to “dharma” also,
but not by modern law unless it is specifically a prohibited conduct.

It must, however, be reiterated that "sadachar ” though cannot be equated with law yet resembles the
modern law. The concept of i.e. virtuous conduct is uniformly applicable throughout, but it is not so
with the modem law. What is lawful at a place may not be necessarily so at another because law
being a dynamic concept, varies according to place and time depending on the values, customs,
physical conditions, etc

20
CONCLUSION

21
Bibliography
1. ACHARYA N.K.: Cultural Polity of Hindu P.92 (1971)
2. GOKHALE G.B.: Indian Thought Through Ages, P.24-27 (Asia Publishing House, New
Delhi, 1961)
3. Dr.GHOSH R.B : Law of Mortgages (4lh Ed.) P.36
4. KB Panda J, "Sanatan Dharma & Law" (1977) 23
5. Rahul Singh, Jurisprudence in and as ‘Mahabharata’: An Edifying Epic, National Law School
of India Review, 22(2) 2010, 171-173

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