Kant Kumar, Siddharth Rai & Bhavana Kumari, Doctoral Fellow (Ph.D) at Jawaharlal Nehru University, New Delhi
ABSTRACT
India and China are two ancient civilisations known for their philosophical approach towards maintaining the social fabric. The philosophical approach for maintaining the society was deeply influenced by theology and natural law. The Indian ancient legal mechanism was more influenced by the religious text ‘Vedas’. Because of the influence of religious philosophy, Indian jurisprudence was more focused on religious rituals and customs. China, During Warring State period, experienced an unprecedented surge in philosophical approach towards making rules and regulations for social control. Philosophy like Confucianism, Legalism, and Taoism served as the bricks and mortar for the making of customs based laws for the maintenance of the society. During Han and Tang Dynasty Taoism, Confucianism, and Buddhism was promoted and theological concepts of laws were introduced. This article is aimed towards exploring the ancient jurisprudence, legal thought and legal theory of India and China, which was used for social controls and maintaining social order.
Keywords: Jurisprudence, Legal Theory, Dharmashastra, Confucianism, Legalism, India, China
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