Abstract
The Dharmaśāstras (DS) are foundational texts in ancient Bhāratīya legal and moral philosophy, providing extensive guidance for societal governance and individual conduct. These texts encompass a broad spectrum of social, ethical and legal principles that shape concepts of justice, ethics, equality and governance. Throughout history, the DS have significantly influenced legal doctrine and governance structures in ancient Bharat, impacting both civil [dharmasthīya] and criminal [kaṇṭakaśodhana] cases. Civil disputes, property claims and familial conflicts were adjudicated under DS injunctions, while criminal cases such as theft, assault and public disorder were resolved through mediation, arbitration and the application of proportionate punishments [ihalaukika and pāralaukika]. In the contemporary context, there is a growing scholarly interest in how core dharma principles, such as ahiṃsā [non-violence], satya [truthfulness] and karuṇā [compassion] may contribute to enriching Indian jurisprudence. This article undertakes a textual analysis of dharmaśāstric literature to evaluate its underlying jurisprudential frameworks and assess the relevance and applicability of dharma-based legal reasoning in shaping contemporary legal theory and institutional practices in India. It seeks to bridge traditional legal philosophy with modern jurisprudential inquiry, highlighting both challenges and prospects in integrating ancient ethical–legal paradigms within the current constitutional order. Integrating these ancient principles into modern frameworks raises challenges related to cultural sensitivity, pluralism and constitutionalism yet offers opportunities for enriching legal discourse through cross-cultural dialogue and engagement with diverse philosophical traditions.
Get full access to this article
View all access options for this article.