Natural law’s roots are going back to Greek philosophy. In ethical categories, this was in use time to time in different modes. Holmes observed that the natural law “emphasizing social harmony and well-ordered personal life modeled on the law-governed nature of the physical world.”[1]
The theory of natural law tries to explain the moral awareness of human beings. The natural law model’s fundamental assumption is “there are certain universal and eternal principles of justice which can be discerned by all persons through the proper use of human reason alone.”[2] Historically this was emerged in two traditions: Stoics and Roman jurisprudence, and Aristotelian ideas of Thomas Aquinas[3]. In Stoic and Roman understanding, human beings are rational beings, so they can adjust their behavioral patterns to suite with natural order of things. Since every man is living in a world, which is governing by the law, everyone have to accept the norms of the natural law. In Aristotelian ideas of Thomas Aquinas, there are four kinds of law: “1. the eternal law as God’s will and wisdom, revealed in 2. Divine law given in Scriptures and through the Church, but also revealed in 3. Natural law, from which 4. Human law is to be derived.”[4] He developed this in his Summa Theologia. For him, the eternal law was existed only in God, unknowable by human reason, written in very inclinations of persons. Natural law is inherent in essence of created things. Everyone wants the good ends, and seek for their good, so should do well instead of evil. For him, “whatever preserves human life and wards off obstacles is in accordance with natural law… to desire a rationally ordered society.”[5]
Dharma:
The word ‘Dharma’ is one of the most comprehensive and important terms in the whole range of Sanskrit literature.[6] This word arrived from ‘dhr’ which means ‘sustain,’ ‘support,’ ‘uphold,’ ‘truth,’ ‘traditional or ceremonial,’ moral obligation,’ ’ethical,’ and ‘legal.’[7] Mostly this word means correctness in both descriptive and prescriptive senses.
The concept of Dharma was extensively covers all the phases of the development of Hinduism from the beginnings. In Vedic period, this was closely related to rita. In Rigveda (ca. 1200 BCE), rita is comsmic ordinance which is the dharma to be followed by the god in ritual activities. Therefore, “dharma is a system of activity that guides the world in such a way that rita is not violated.”[8] The opposite word for dharma was anrita, which means asatya. The term rita almost disappeared in later Sanskrit by the development of dharma concept.[9]
In later developments of Brahmanas, Aryankas, Upanishads of Shruti literature and even in Smruti literature such as the shad-darshanas, law books especially law of Manu developed the Varnasramadharma and Svadharma. In Brahmanas(ca. 900-600 BCE), the fundamental laws of universe are connected to priests rituals as karman.[10] In second century BC, this karman was replaced by ones obligations in social world depending on their varna (social class) and asram (stage of life) thus called as varnasramadharma which was mainly emphasized in law books. Svadharma is impersonal generic ethical category.[11]
There are other types of dharmas like Apaddharma, a shift in varna or asram for temporarily in an emergency, and Asdharnadharma, Samanyadharma and Sanatanadharma which refers to common moral obligations such as telling the truth etc. The most interesting thing in these categories emerged when there is direct or indirect contradiction happens between Svadharma and Sadharanadharma. The traditions influenced by Brahmanic literature, places Svadharama over Sadharanadharma, and the traditions influenced by vendanta traditions reverse this order.[12] In both cases, they ended up in obligation, many times takes fundamentalist approach. But there is third class which balances both by bhakti, doing what god wants, but it had very less place in the traditional modes of decision making.
Though sruti is normative source of dharma, in which nothing could go against Vedas, it is very difficult to interpret them. One of the six systems of Hindu philosophy, the Purvamimamsa expressively professes to teach Dharma.[13] This was to discern Vedas normative imperatives.[14] In smriti literature, kalpasutra (teachings on proper activity) attempts to establish this dharma in three ways: srautasutras (interpret large public rituals), gruhasutras (interpret domestic ceremonies) and dharmasutras (interpret sacred community).[15] The later development Dharma Sastras (ca. 100 CE) dealt with specific imperatives and problems in vedic dharma. Law of Manu is one of the most influential dharma Sastra among them.
Dharma is the central theme of Bhagavad-gita. It also defended the four varnas of varnasramadharma. Krishna says, “It is better to perform one’s own duty, however badly, than to do another’s well. It is better to die engaged in one’s own duty; duty of other men is dangerous.”[16] Basham noted that the dharma (duty) refers to the four classes. This verse repeated in Bhagavad-gita and in Dharma Sastra literature with variations.[17] Even in Epics, Puranas and Agamas also contain Bhagavad-gita’s teaching of dharma.[18]
Critical Analysis:
Though Roman Catholics and Anglicans mainly followed the natural law model, Protestants critiqued it for its much confidence in the reason, and justice is mostly understood apart from the revelation of God in Jesus Christ. The discovery of different moral principles among different societies, the new discoveries of change in physical laws as relative, change of society verses fixed laws and its legalistic tendency are some of the main problems with this model.[19] Of course, some new interest in these models arising again because of need of the fixed laws, dissatisfaction with the other models etc.
As the explanation about the concept of Dharma in Hindu philosophical traditions above, from the beginning of the development of concept, the legalistic tendency and obligatory sense is strongly existed. In the beginnings, in the form of rita which is unchangeable, to the dharma-sastras and its implications from the Bhagavad-Gita and other developments, it is clear that the concept of dharma has strong resemblances with the natural law. All developments in the successive eras from Vedas tried to find out the fixed laws for the wellbeing of the society. As Basham noted correctly, all these attempts ended up in strong support and intended to favour men of higher casts.[20] This extends to even oppressing the women of upper classes. Though many systems tied to explain and obligate the dharma of Vedas, still it is unsatisfactory explanations and oppressive to the social orders. Thus, in any where the concept of the natural law, in different name such as dharma, maintains its negative and unsatisfactory results in building up the just society.
Bibliography
Basham, A. L. The Origins and Development of Classical Hinduism. Delhi: Oxford University Press, 1990.
Holmes, A. F. “Natural Law,” Pages 619-621 of New Dictionary of Christian Ethics and Pastoral Theology Edited by David J. Atkinson, David H. Field. Leicester: Inter-Varsity Press, 1995.
Jolly, J. “Dharma,” Pages 702 in vol. 4 of Encyclopaedia of Religion and Ethics Edited by James Hastings. Edinburgh: T.&T. Clark, 1959.
Mabry, Hunter P., ed. Christian Ethics: An Introductory Reader. Delhi: ISPCK, 2007.
Mahony, W.K. “Dharma,” Pages 213-217 in vol.1 of Encyclopaedia of Oriental Philosophy and Religion edited by N. K. Singh, A. P. Mishra. New Delhi: Global Vision Publishing House, 2005.
[1] A. F. Holmes, “Natural Law,” New Dictionary of Christian Ethics and Pastoral Theology : 619-621.
[2] Hunter P. Mabry, ed., Christian Ethics: An Introductory Reader (Delhi: ISPCK, 2007), 11.
[3] Holmes, “Natural Law,” 620.
[4] Holmes, “Natural Law,” 620.
[5] Holmes, “Natural Law,” 620.
[6] J. Jolly, “Dharma,” Encyclopaedia of Religion and Ethics 4:702.
[7] W.K. Mahony, “Dharma,” Encyclopaedia of Oriental Philosophy and Religion 1:213-217.
[8] Mahony, “Dharma,” 1:214.
[9] A. L. Basham, The Origins and Development of Classical Hinduism (Delhi: Oxford University Press, 1990), 11.
[10] Mahony, “Dharma,” 1:214.
[11] Mahony, “Dharma,” 1:215.
[12] Mahony, “Dharma,” 1:216.
[13] Jolly, “Dharma,” 4:702.
[14] Mahony, “Dharma,” 1:216.
[15] Mahony, “Dharma,” 1:217.
[16] Basham, Classical Hinduism, 94.
[17] Basham, Classical Hinduism, 94.
[18] Basham, Classical Hinduism, 106.
[19] Mabry, Christian Ethics, 12.
[20] Basham, Classical Hinduism, 105.
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