Administration of justice and applicability of Deterrent theory of law in relation to Kautilya’s Arthashastra
Abstract
The Kautilya’s Arthashastra addresses the economic aspects of statehood in the colossal Mauryan Empire which covers the aspects of Law and Justice. The Arthashastra converges juristic approaches to the modern legal jurisprudence, which the latter alienates the legal principles that Kautilya tables in Arthashastra. The juristic principles propounded by Kautilya in the Arthashastra collide with the modern system of jurisprudence and present a similar theory while remaining correlated despite being from a different time period. The article provides a bird eye view of the concepts that Arthashastra provides, which is drafted within significant principles in modern jurisprudence, such as Deterrent Theory of Punishment, Rule of Law and stated through various laws of precedence as pronounced by Courts in India. The proposed outcome is to create relevance of Arthashastra as a significant legal jurisprudence in application exploring beyond its popular economic aspects and giving insights into it.
Keywords:
Deterrent, Arthashastra, Kautilya, Chanakya, Punishment, Law, JurisprudenceReferences
1. Introduction to Law and Constitution (1885). https://www.lexisnexis.co.uk/blog/future-of-law/what-is-the-rule-of-law.
2. Paniben vs State of Gujarat 1992 AIR 1817, 1992 SCR (2) 197 https://indiankanoon.org/doc/1007294/.Rangarajan, LN, The Arthashastra (Penguin, New Delhi, 1992).pg.348, 351, 456 and 457.
3. Smt. Shashi Nayar vs Union Of India 1992 AIR 395, 1991 SCR Supl. (2) 103 https://indiankanoon.org/doc/626102/.
4. https://lddashboard.legislative.gov.in/sites/default/files/COI_English.pdf
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