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8. LAW, JUSTICE, PUNISHMENT
In all cases an offence concerning women or relatives, professional rivalry, hatred of opposition, market association, or trade guilds, any of the legal disputes, the origin is anger.Anger results in murder.
A case in dispute is four-legged. It depends on: (l) what is right according to ethical principles, (2) evidence, (3) custom and (4) the ruler's order. The last one overrules all the earlier ones.
What is right is based on truth, evidence on witnesses, custom on available tradition of the people and the law is the ruler's command.
When there is conflict between established tradition and ethical principles or between evidence and what is right (according to ethical principles) the case shall be decided on the basis of ethical principles.
Where scriptural laws conflict with what is righteous and just, there justice shall be the valid criterion, the written text loses its relevance.
Only that should be taught which conduces to righteousness and material prosperity and not what leads to unrighteousness and material disaster.
He who punishes severely is hated by the people, he who punishes mildly is despised, one who rrietes out deserving punishment is respected..
Punishment meted out after due consideration keeps the people attached to righteousness and to tasks conducive to material wealth and enjoyment
Wrong punishment meted out in anger, lust or ignorance angers even sages of the forest. What to speak of householders?
If no punishment is given the law of the fishes (strong swallowing the weak) is created.
In the absence of punishment, the strong swallows the weak.
The people of the four genres and the four stages of life function in their respective spheres, when ruled by the ruler with appropriate punishment.
Punishment, the root of discipline, is the source of prosperity for the people.
New men deeming the dispenser of punishment as Yama incarnate do not commit crimes.
Rulers armed with the staff of punishment remove people's miseries and bring about their security and welfare.
When guilt is removed there are no guilty men.
When guilty men are removed,, the guilt will again contaminate others.
(Judges) should be impartial to all beings, trustworthy, and liked by the people.
Punishment, meted out by the ruler according to offence equally, (without discrimination) to sons and enemies alike, protects alone this world and the other.
Whatever be the crime the learned one should not be tortured.
Against an accused there can be no other suit.
It is the prosecutor who decides what is to be done, not the accused,
Truth has to be spoken by witnesses.
The guarantee of a minor has no value.
Sons having fathers (alive) have no right to property.
Marriage precedes disputes.
Righteous marriages are indissoluble.
Denial of sexual pleasure to a wife, after her monthly ablution is a transgression of (the husband's) duty.
is to meet unforeseen difficulties that a woman is given property (dowry) (at the time of marriage).