Page:The Principles of Hindu Law Vol 1.djvu/89



Law as understood by the Hindus is a branch of Dharma. There is no definition of law in the Smritis. The definition of Dharma is "what is followed by those learned in the Veda and what is approved by the conscience of the virtuous who are exempt from hatred and inordinate affections." The test of right conduct is that it leads to independence of every other being and matter, and makes one perfectly self-contained and satisfied. That which leads to dependence is not right conduct. "Men act from a desire for rewards," but "it is not laudable." Men should do their duty not from the fear of punishment nor from a desire of reward. Dharma should first be ascertained and then strictly followed. The whole course of duty is contained in what has been revealed by the Divine Being. The rules of Dharma are not founded on any worldly cause. They should be ascertained from four sources,—the Vedas, the Smritis, the conduct of the virtuous, and one's own conscience. The sanction of law is contained in itself. "Dharma destroys those that disobey it, and preserves those that follow it." It derives its sanction from no earthly power. It is the duty of the king to ascertain the law and then to promulgate and enforce it. Kings and assemblies can make no law. Their duties are strictly prescribed in the Dharma. They too should ascertain their own duties from the abovementioned four sources. If