Page:The Principles of Hindu Law Vol 1.djvu/93

Rh The Hindu system is an ascetic system, which lays down that Shreya or final salvation is the sole object of Law and that Preya or worldly pleasure is the enemy which does not lead to it. The object of law according to modern ideas is the worldly happiness of the many. The Mahabharata also says that the object of Dharma is the prosperity of all beings, Theoretically however, the object of law according to Hindu ideas is final salvation. The sanction of Hindu Law is supposed to be contained in itself. But abstract theories cannot support order in society. Therefore Narada lays down: "When Dharma (or abstract law) is destroyed then Vyavahara (or positive law for men) comes into force." "The king who punishes (the infringement of law) is the enforcer of law." Here the Hindu law agrees with the modern English Schools of Jurisprudence that the sanction of positive law proceeds from the king.

All systems of jurisprudence quarrel about the original source and objects of law. But when we come to practical law, all are agreed that the king, who alone enforces the law. can change or modify it and in reality all law consists of commands issuing from him. According to Hindu law also, it is the king, who alone enforces the law, the only difference being that as Hindu law is for all purposes supposed to be a revealed system of law based on the Vedas and the Smritis, the king cannot change the law at pleasure and must himself obey it; but in practice as we have seen above, laws have been changed by Hindu kings to give effect to advanced ideas of morality, acting it is supposed on the opinions of good men which alone can change the Law. Practical law consists in the