History of state and law of foreign countries. State in Ancient India (most important)

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History of state and law of foreign countries. State in Ancient India (most important)

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State in ancient India

It should be noted that caste division is a common feature of ancient Eastern society. However, in Ancient India it manifested itself with greatest force. According to the ancient Indian laws of Manu, the inhabitants divided into four hereditary and closed social groups or estates (varnas):

1) brahmins;

2) kshatriyas;

3) vaishyas;

4) sudras.

Representatives of the first three classes were considered twice-born. The set of religious and legal regulations for members of each varna, their rights and duties were called drachma.

The upper class were brahmanas, supposedly born from the mouth of God. Only they could preach religion. Brahmins were exempt from all taxes and duties, and corporal punishment. Everyone had to take into account the opinion of the brahmana, even the kings. The king had to not only listen to the advice of the brahmana, but also give him pleasure and gifts. Brahmins were entrusted with the conduct of judicial and other government affairs. A Brahman could not be in service. The laws described in detail the distribution of activities and responsibilities of brahmins.

The second varna of the twice-born was considered kshatriyas. Most often, military leaders and rajas emerged from them. Kshatriyas, according to the laws of Manu, are supposedly created from the hands of God. Their duty is to protect others, especially brahmins. They constituted the military nobility. Only they were allowed to carry weapons and participate in campaigns. For the murder of a kshatriya the fine was four times less than for the murder of a brahmana. A 9-year-old brahmin was considered the father of a 90-year-old kshatriya. The first two varnas were the dominant, privileged classes, although marriages between brahmins and kshatriyas were prohibited. The law called for the consent and cooperation of both classes.

Vaishya - the third varna of the twice-born. They allegedly appeared from the thighs of the god. This category of residents, the most numerous, was engaged in trade, agriculture, and crafts. The fine for killing a Vaishya was only one-eighth of the fine for killing a Brahman.

They belonged to the varna of the one-born sudras - hired workers, servants. Shudra can be bought and sold. Even if released by his master, he is not released from the duty of service. He is the one “whose property can be taken away by the owner.” In the eyes of the law, a Shudra is wicked, communication with him must be avoided, his testimony is always suspicious, and he is punished more severely.

Over time, castes of people of homogeneous professions arose within the Shudras and Vaishyas: blacksmiths, potters, hairdressers, sewage cleaners, etc. There were pure and impure castes. Slaves stood at the lowest rung of the social ladder; they were often used as servants. They stood outside the caste system. It is characteristic that there were much more opportunities for liberation from slavery in Ancient India than in Ancient Babylon. Slavery in India was domestic and patriarchal in nature.

The origin of varnas is not entirely clear. It is very likely that conquest and residence among a hostile people contributed to the early specialization of the two main political "professions" - priestly and military. Military leaders and administrators carried out the conquest and enslavement of foreign people, the priests monitored the purity of the “race,” preventing the Aryans from mixing with the indigenous population. The Vaishyas absorbed the entire main people of the conquerors, while the Shudras were formed from some parts of the local population. In the initial varnas everything was simpler than later; marriages between a Brahman and a Shudra woman were not prohibited, although they were not encouraged; Brahmins could perform work that was then considered disgraceful. In the first centuries of our era, feudal relations began to develop in India, and in connection with this, the process of “transformation” of varnas into castes took place.

Author: Selyanin A.V.

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