| 翻訳と辞書 |
Vyavahāra
Vyavahāra ((サンスクリット:व्यवहार)) is an important concept of Hindu law denoting legal procedure. The term is analyzed by Kātyāyana as follows: "Vi means ‘various,’ ava means ‘doubt,’ hara is ‘removal’; legal procedure is called by the term vyavahāra because ‘it removes various doubts.’”〔K 26, translated by Rocher, Ludo. Vácaspati Miśra: Vyavahāracintāmaņi: A Digest on Hindu Legal Procedure. Gent , 1956. p. 180〕 Kane defines it as follows: "When the ramifications of right conduct, that are together called dharma and that can be established with efforts (of various kinds such as truthful speech, etc.) have been violated, the dispute (in a court between parties) which springs from what is sought to be proved (such as debt), is said to be vyavahāra."〔P.V. Kane, ''History of Dharmaśāstra'', Vol. 3, p. 247〕 According to Donald Davis, “There are two basic meanings of vyavahāra. The first is a general sense of practice, business, or everyday transactions. The other, specific sense is legal procedure, the processes of litigation including a trial.”〔Davis Donald, ''The Spirit of Hindu Law'', forthcoming, chapter 6〕 Legal procedure according to the dharmaśāstras includes: court, listening to and assessing witnesses and their testimony, deciding and enforcing punishment, and the pursuit of Justice in the face of Injustice. Davis later quotes the Nāradasmṛti in an attempt to answer the question why legal procedure came about in the Hindu tradition. The text states, “When men had dharma as their only focus and were speakers of the truth, there was no legal procedure, no enmity, and no (selfish) conflict. Legal procedure came into being when dharma was lost among men." 〔NS Mā 1.1-2, adapted from Lariviere〕
==Courts==
According to the of Bṛhaspati there are four different kinds of courts of justice. The is a court established in a fixed place such as a town, the is not fixed in one place, but moving from place to place as on a circuit, the mudritā is the court of a judge appointed by the king, who is authorized to uses the royal seal, and the śāsitā is the court in which the king himself presides.〔Kane, P.V. ''History of the Dharmaśāstras'' Vol. 3 p. 277〕 The court assignment of a case was also very influenced by the situation of the litigants. "For those who stay in the forest the session should be held in the forest, for the soldiers in the army, and for the merchants in the caravans."〔B 1.73, translated by Rocher, Ludo. Vácaspati Miśra: Vyavahāracintāmaņi: A Digest on Hindu Legal Procedure. Gent , 1956. p. 175〕 Furthermore, “()he court-house should be decorated with flowers, statues, paintings, idols of gods and should be furnished with incense, throne or seat (for the king or judge), seeds, fires and water."〔C. II. P. 19〕 There is also differentiation among the different grades of courts. The king’s courts are the highest grade, “but other tribunals were recognized in the smṛtis and digests."〔Kane, P.V. ''History of the Dharmaśāstras'' Vol. 3 p. 280〕 It appears there were no court fees in ancient India, except for fines imposed by the king, and texts such as the , NāradaSmṛti, Yājñavalkya Smṛti, and Kauṭilya’s Arthaśāstra prescribe rules for payment after a suit was decided.〔Kane, P.V. ''History of the Dharmaśāstras'' Vol. 3 p. 294〕
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
■ウィキペディアで「Vyavahāra」の詳細全文を読む
スポンサード リンク
| 翻訳と辞書 : 翻訳のためのインターネットリソース |
Copyright(C) kotoba.ne.jp 1997-2016. All Rights Reserved.
|
|