What characterized the caste system in ancient India. Consolidation of the varna system in the law of ancient india

Federal State Educational Institution of Higher Professional Education “Academy of Russian Ballet named after A.Ya. Vaganova "

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On World History

Varna social system of ancient India

The work was performed by a student of the 6th / 1st A course Maria Vladimirovna Khoreva

Scientific adviser _______________________

rev. T.I. Pelipenko

Introduction

Indian civilization is one of the oldest in the world, its history is a unique object of research by many scientists over the centuries, attracting interest for its originality and dissimilarity with the history of any other state.

Unfortunately, today science has a rather meager number of reliable written sources on the history of India. Basically, when studying it, one has to rely on works of a religious nature or works of art.

The first Neolithic settlements in the foothills of the Indus Valley date back to VI-IV millennia BC. BC, the centers of urban culture originated in India in about the 3rd millennium BC, and the Harappan civilization is considered to be the first ancient Indian civilization. However, information about it has practically not survived largely because the writing of that period has not yet been deciphered. The further development of the culture of the Hindustan Peninsula predetermined what began approximately at the beginning of the II millennium BC. the resettlement of the Indo-Aryan tribes to the valley of the Ganges, the reason for which is still little known. It was during the period of the Vedic civilization, the Indo-Aryan culture that existed until the 5th century BC, which is associated with the Vedas, the earliest sources about the history of India, that the division of society along the lineage appears for the first time. This division intensified during the Mauryan Empire, the first great Indian empire.

Although the signs of a caste social system are attested among many peoples, India provides us with one of the most striking examples of this organization.

Historiography

The scientific study of the history and culture of India began in the middle of the 18th century. It was then that Sanskrit attracted great interest, the study of which was actively pursued by English and German scholars, who translated some of the most famous works of ancient Indian literature into European languages. Henry Thomas Colebrook, William Jones, August Wilhelm Schlegel and others are considered the pioneers of Indology, G.S. Lebedev, who compiled a description of the life and customs of the Indians and the grammar of the Hindustani.

The origin of Indian epigraphy took place in the first half of the 19th century, and the first archaeological excavations were carried out only at the end of the century, after A. Kenningham made an archaeological map of India. In the 20th century, when systematic excavations began, English scientists Marshall and McKay and Indian archaeologists Sakhni and Banerjee, as well as many others, discovered the ruins of ancient cities in the Northwest of the country.

From the very emergence of Indology, several different schools and directions have developed in this science. For many works of Western European scientists Europocentrism is characteristic, for the Russian school of Indian studies, which made a great contribution to modern Indology, an objective and strictly scientific approach is characteristic. At the turn of the 19th - 20th centuries, the emergence of interest in studying their own history in India was associated with the beginning of the struggle for independence.

Today, the history of the Indian state is attracting more and more attention, because questions without answers continue to exist and multiply, new facts, new unexplored materials appear.

The history of the formation and description of the varna social system

The word "caste" in translation from Portuguese means "genus, quality", it began to be used when the Portuguese in the XVI century. infiltrated India and got acquainted with the Indian social organization. Initially, there were groups in India, which were designated by the word "varna", which corresponds to the concepts of "type", "category". Since ancient times, this word has been used to contrast the main social strata. The fact that the division of society originates in the late II - early I millennium BC can be judged from the information from the Rig Veda, one of the four Hindu religious texts, a collection of religious hymns compiled around 1700 - 1100. BC, the oldest monument of ancient Indian literature and the oldest religious text in the world. Despite the fact that in the original version of the Rig Veda there is no direct mention of varna, this collection already speaks of the existence of priests, nobility and common people, although this division is not yet rigid and not controlled.

And only in the late hymn from the Rig Veda, in the X mandala, in the famous Purusha-sukta, there is a myth that the four varnas originated from the first man Purusha. From the mouth of Purusha came the highest varna - "brahmanas", these are the priests who were supposed to serve God, from the hands came the "kshatriyas", military, generals, from the thighs - "vaisyas", artisans, farmers, cattle breeders, and from the feet came the lower varna - "sudras", a layer of poor and unequal people. It is believed that the three higher varnas were genetically related to the Aryans and therefore were called "twice-born", which gave them the right to the "second birth" rite, that is, the initiation rite. It was carried out in childhood and was accompanied by putting on a cord around the neck, the color of which corresponded to the position in society, and subsequently provided training for the profession and the occupations of the ancestors, which would then allow one to become a householder.

A later description of the varnas is given in the Manu-smrti, also known as the Laws of Manu. This document is a set of laws and regulations of Ancient India, which covers aspects such as social order, property and family relations, as well as crimes and punishments. The text does not have an exact dating, however, there are suggestions that the drafting of laws in it is limited by the time frame from the 2nd century BC. until the 2nd century AD It is believed that after the collapse of the Mauryan and Shunga empires, a period of social instability developed, the influence of the Brahmins was threatened by non-Vedic movements, therefore the above document and other Dharma Shastras (collections of rules) were the Brahmins' reaction to these threats. The Laws of Manu describes in detail the creation of the four varnas and the significance of each of them in society:

“And for the sake of the prosperity of the worlds, he [Brahma or Brahma is one of the three highest gods of Brahmanism and Hinduism, the creator god, creator of the Universe and its personification and soul. Usually depicted as four-faced, four-armed, sitting on a swan] created from his mouth, hands, thighs and feet, respectively, a brahmana, kshatriya, vaisya and sudra. And for the preservation of this whole universe, he, the most luminous, for those born of the lips, hands, thighs and feet, established special occupations. Education, study of the Vedas, sacrifice for oneself and sacrifice for others, distribution and reception of alms, he established for the brahmanas. The protection of subjects, the distribution of alms, sacrifice, the study of the Vedas and non-adherence to worldly pleasures, he indicated for the kshatriya. The grazing of cattle, and also the distribution of charity, sacrifice, the study of the Vedas, trade, usury and agriculture are for the Vaisya. But the lord indicated only one occupation for the sudras - serving these varnas with humility. "

The transition from one varna to another was absolutely impossible, strict endogamy was established (marriages between representatives of the same varna): “For a sudra, a Shudra woman is prescribed, for a Vaisya, a Shudry woman and her own varna, for a kshatriya, both of her own varna, for a brahmana - those three, as well as their varna. Twice-born, foolishly marrying low-born women, quickly reduce families and descendants to the position of sudra. All professions were hereditarily fixed, the laws of the way of life of each of the varnas were formulated in dharmas, there were different degrees of punishment for causing harm to more or less noble subjects.

Varna Kshatriyev ruled the state, it arose as a result of wars, eventually becoming the ruling one. Unlike the varna of the brahmanas, it was not so withdrawn. But despite this, the brahmanas occupied the most honorable place in society: “Of living beings, animate ones are considered the best, among animate - intelligent, among intelligent people, among people - brahmanas. The very birth of a brahmana is the eternal embodiment of dharma, for he is born for dharma and intended to identify with Brahma. Everything that exists in the world is the property of a brahmana; because of the superiority of birth, it is the brahmana who is entitled to all these. Brahman eats only his own, wears his own and gives his; because other people exist by the grace of a brahmana "(" Laws of Manu "), they were called" avadhya "- inviolable. An important feature of the position of the brahmanas was that they could not be executed, the most significant punishment could only be exile.

For the most part, free community members who were engaged in agriculture or handicraft belonged to the varna of the Vaisyas, they were the main tax-paying class. In the Vedic era, the vaisyas still retained some political rights and even participated in solving a number of state affairs, but over time the vaisyas lost their privileges in society, including the rite of "second birth", so the division line began to pass between the nobility, brahmanas and kshatriyas , on the one hand, and the poor, Vaisyas and sudras, on the other.

It is assumed that the sudra varna arose as a result of the frequent wars; it originally included those people who did not belong to any varna by birth. The rights of the sudras were much more limited than the rights of the others: as mentioned earlier, all that a sudra could do was to serve more noble people, they were not allowed to solve public affairs, did not participate in a tribal meeting, the sudras were initially forbidden to accumulate wealth. they did not have the right to study the Vedas and participate in rituals and cult activities on an equal basis with representatives of the other varnas.

The s system of varnas not only did not disintegrate, but, on the contrary, became more and more rigid. Strengthening, it acquired new categories, more fractional divisions, turned into a caste system that has survived to this day.

The value of the varna social system in the history of ancient India

ancient india society caste

Varna, and later a caste social system can be called one of the most stable and unshakable models of the division of society, because it still exists in modern India. It is also obvious that the above-described system rather strongly influenced the mentality of the inhabitants of Ancient India, the monarchy that existed then, the solution of internal and foreign policy problems, and the history of the Indian state as a whole.

So, for example, we can say that the division of society in ancient India influenced the creation of one of the most important components of the social and economic system - the rural community, because the most numerous varna were the vaisyas. The structure of the rural community was multilayered, since the process of property differentiation penetrated deeply into it: there was an elite who exploited slaves and hired workers and ordinary communes who themselves worked on their plots. Also, the community was to a certain extent independent in its internal affairs: free residents gathered for meetings and decided various management issues.

The existence of the division into varnas led to a specific model of slavery. Unlike other states of the Ancient East, slave labor did not play a significant role in the decisive sectors of the Indian economy. There was no opposition between free and slave in the laws, castes overshadowed classes. A feature of ancient Indian slavery was the presence of state legislation aimed at limiting the arbitrariness of the owner in relation to the slaves. For example, it was forbidden to sell slave children without parents; the owner, when using the labor of a slave, was obliged to take into account his caste position. Slaves could have families, property, inheritance rights.

It should also be noted that, undoubtedly, the caste system influenced the administration of the state during the monarchy, because due to the fact that in the ancient laws it was said about the significance of the Brahminical clans, the royal priest played an important role at court. Also, a large role in government was played by the council of royal dignitaries - parishad, which consisted of nobility - military and priestly, who sought to preserve their privileges and limit the absolute power of the ruler.

In general, the Varna system strongly influenced the course of Indian history. The great influence of representatives of the higher varnas and noble families did not contribute to the strength of the empires that arose at that time. Successive conquerors could tax communal farms, but were unable to influence the prevailing norms of caste behavior, to secure support for themselves in the Indian society, living by its own laws.

The system of division of society in India acted as a kind of alternative to the weak central political power, and perhaps its main reason. It could well have existed without a strong state, without an effective administration, because its internal laws already successfully performed political and administrative functions.

The Varna system not only did not disintegrate over time, but, acquiring new categories, more fractional subdivisions, having undergone many changes, existed for several millennia, and exists to this day.

It is thanks to the uniqueness of the varna system that its formation and features are still the subject of keen interest of historical science.

List of used literature

1. Z.M. Chernilovsky, V.N. Sadikov. Reader on the general history of state and law.

2. K.I. Batyr. General History of State and Law.

3.L.S. Vasiliev. History of the East.

4. O.A. Zhidkov, N.A. Krasheninnikov. History of the state and law of foreign countries.

5.K.A. Antonova, G.M. Bongard-Levin, G.G. Kotovsky. History of India.

6. N.V. Zagladin, N.A. Simony. General history from ancient times to the end of the 19th century.

7.L.B. Alaev. Medieval India.

8. Free Internet Encyclopedia "Wikipedia". http: // ru. wikipedia.org.

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Table of contents.

Introduction ………………………………………………………………………… 3

The reasons for the emergence of the varna-caste system ………………….… 5

2. The origin of castes and the formation of the caste system ………………… ..8

Varna-caste social hierarchy ………………………………… .11

Features of class-caste organization in monarchies and

republics ……………………………………………………………. …… 16

Conclusion …………………………………………………… ………… ..… 35

List of used literature ………………………………………… 36

Introduction.
The state and legal history of India is peculiar and unique. The peoples of this huge, multinational country have endured difficult trials in the past, in difficult conditions they managed to preserve their original culture, the achievements of which adorn the world civilization. The philosophical and ethical-moral views of the Hindus have had a noticeable impact on other peoples of Asia.
The first states of Ancient India appeared in the 1st millennium BC. e. along the banks of the Ganges River. The appearance of iron tools was of epoch-making significance; it accelerated the development of crafts, trade, and exchange. The resettlement of the Indo-Aryans accelerated the process of class formation, the institution of private property gradually began to embrace livestock, and then land. The prehistoric Aboriginal community of the Ganges was in decline.
The population was divided into two main groups: noble and free (aryas) and slaves (dasa). The slaves were from captives or unpaid debtors who fell into debt bondage, into complete dependence on the creditor.
The state and legal institutions of Ancient India differed significantly from the slaveholding despotism of the countries of the Ancient East. The communal system, the stability of the remnants of the clan system, the absence of state ownership of land determined the economic system of this country. The social structure of Ancient India is very complex, except for classes, estates, there were varnas, castes. In the monuments of law of early antiquity, hired workers and slaves are mentioned. Ancient India was famous for its high level of agriculture, crafts, its skilled builders and architects left magnificent architectural monuments. Features of economic and social life, the development of commodity-money relations, the originality of ethical views made it difficult for slavery to become the leading way of life in ancient India.
The varnova-caste system as a whole, precisely due to its rigid hierarchy, formed the backbone of the social structure of India; Unique in form, it not only proved to be an effective alternative to a weak political administration, but also successfully compensated for this weakness, although this kind of compensation did not contribute in any way to the political stability of states in India. one

1. The reasons for the emergence of the varna-caste system.

At various times, scientists have tried to answer the question of the reasons for the emergence of the terrible institution of castes. So Karl Marx considered castes to be a relic of the tribal organization. Others believed that it was based on social stratification of society, while others believed that in this way the Aryans sought to protect themselves from mixing with the tribes of ancient India they conquered. However, this is all wrong. For the castes were barriers not so much between the Aryans and the aborigines, but rather between the Aryans themselves, splitting them into strictly isolated groups
Social stratification has nothing to do with it either, because all the societies of the earth felt it, but for some reason castes arose only in India. In addition, many societies had much sharper social stratification compared to ancient Indian ones. It has nothing to do with the tribal system, which, by the way, as shown today, in the form in which Marx represented it, never existed. The basis of castes goes only to the religion of Ancient India. The Vedas contain a very remarkable story that tells that once there was a giant Purush, who was then sacrificed to the gods, and that, allegedly, all of humanity arose from his body, and was immediately divided into castes. “His mouth became brahman, his hands became a kshatriya, his thighs became vaisya, a sudra arose from his legs” - this is the first mention of the class-religious division in India, about castes. What were these four castes — brahmanas, kshatriyas, vaisyas and sudras? The brahmana caste was made up of priests. A brahmana was considered a person who was not subject to corporal punishment, let alone the death penalty ... The killing of a brahmana was considered a terrible sin ... brahmanas were exempted from paying taxes. It was supposed to show the brahmana all kinds of signs of respect 2.

The second caste is the Kshatriyas, which included kings, military aristocracy and nobility. The third caste is the Vaisyas, which included pastoralists and farmers, which, in fact, constituted a significant part of the population. And finally, the fourth - sudras, to which all those who did not enter the first three castes belonged. “Shudra, in particular, did not have the right to study the Vedas and participate in the administration of services on an equal basis with representatives of the other varnas - a very harsh form of inequality for a society where ritual and mythological life was valued as highly as in India. Shudra could not claim a high social position, sometimes even an independent economy. The lot of a craftsman or servant, engaging in heavy and despised types of labor - that was his lot ”3.
However, over time, another caste unit was formed - the untouchables. They included those tribes that, at the time of the formation of the four castes, were not part of the sphere of Aryan influence in Hindustan, the so-called jungle tribes. They were considered as special castes, distinguished by ritual impurity, that is, untouchable ... they were considered to be outside the Varna system ... Persons of non-brewery categories built their huts outside the settlements and came to the village only to perform the lowest and desecrating work on cleaning up garbage, falling, sewage.
The system of four varnas thus formed became a very stable basis for dividing Indian society into unshakable categories-estates, the status and place of which were sanctified by indisputable religious norms. The religion of the Vedas, with its magnificent bloody sacrifices and the huge role of the priests-Brahmins, who monopolized not only the cult and sacred rites, but also the practical right to study texts and, in general, the right to education, religious and philosophical reasoning, very strictly stood guard over Varna differences. A person is born in his own varna and belongs to her forever, remains in her. In his varna, he takes a wife, his descendants also forever remain in his varna, continue his work. Birth in one varna or another is the result of a person's behavior in his past births. This cardinal postulate of the Vedic religion with its idea of \u200b\u200ba cycle of incessant rebirths, the appearance of which depends on karma, that is, the sum of virtues and vices in past existences (good karma - revived by a brahmana or a prince; bad - by a sudra, or even an animal in general, a worm) , played a huge role in the history and culture of India. He dictated people to come to terms with their place in the world and society, not to strive for improvements and changes (in the current life it is simply impossible, it’s ridiculous to even think about it), but to behave virtuously and thereby improve their karma with a view to the future 4.

The origin of castes and the formation of the caste system.

The essence of caste differences, the caste structure of society and the caste regime show that they could have appeared only in conditions of deep social stratification and a far-reaching social division of labor. It is social, not technological, as, for example, in medieval workshops and manufactures. Therefore, it is in vain to look for the origins of caste organization in primitive and pre-state Indian antiquity. At the same time, it should be recognized that the existing sources do not make it possible to reliably determine the line of transition of Indian society from a pre-state pre-class state to a class one.
Characteristic of ancient Indian society was its simultaneous with class, but under specific conditions, its more substantial varna stratification. Throughout antiquity, the varna structure and varna relations, as later caste relations, dominated society. They made it difficult and complicated the process of class consolidation and in a peculiar way distorted the process of the formation of class formations in India. So, the character of Indian society in antiquity was determined primarily and most of all by its varna system. Slave-owning relations significantly complicated it, but they were secondary, not decisive. The caste system had the same, if not greater, influence on medieval and later society in India. And it must be admitted that this system does not fit into the framework of the feudal formation.
The structure of feudal society presupposes a clear distinction between two social categories of two antagonistic classes: large landowners and the farmers who are personally dependent on them. The structure of the Indian caste society includes hundreds of caste communities of different social status, regularly interacting in industrial and social life. So far, no one has performed the correlation of both structures. The existence of feudalism in medieval India remains hypothetical.
In the reconstruction of feudal society in India, the category of exploiters looks convincing. Essentially, these are the same as in antiquity, the rulers of states, their governors and numerous other intermediaries in the collection of taxes of various ranks, from regional to village. And taxes were the main source of state income and the usual form of exploitation of the working population, both in antiquity and in the Middle Ages. Taxes from a certain land area, from a village community or a group of the population were collected by government officials on a salary basis and various commissioners and intermediaries on a shared basis. The sources mention many forms of authorization by rulers to certain persons to collect taxes from a certain territory or from the population of certain settlements with the right to withhold in their favor a specified percentage or the entire amount of tax. Such were the overwhelming majority of cases of "land grants" or land holdings mentioned by sources. Many historians (for example, the same R. Sh. Sharma) interpret these awards as the transfer of ownership not only of the land, but also of the population of the corresponding villages. At the same time, they forget that, in fact, neither the land, nor the villages, let alone the villagers, were the property of the donor and, therefore, could not be transferred into ownership. It was not the ownership of land that was transferred to intermediaries, but the right to withhold a certain share of taxes from this land, from these villages, or from this territory in general. However, the only feudal lords in this mass of exploiters can be considered only the numerous rulers of states of different sizes, who were often in vassal dependence on one another.
If all these exploiters, that is, those living on unearned income, can still be taken for the class of feudal lords, then we will not find at all among the class of feudal peasants exploited in India at that time. In the conditions of the caste hierarchical structure of rural society and the nature of inter-caste relations in the caste rural community, there is simply no place for a class of serfs or personally dependent peasants who make up someone's property. The bulk of the social product was produced by personally free community members of different castes, from brahmanas to untouchables. Therefore, one can agree with the same R. Sh. Sharmon when he writes: "... small peasant allotments were not tied to the large estates of landlords, either legally or economically"; "Serfdom, unlike Western Europe, was not a typical phenomenon for India"; "A distinctive feature of the Indian feudal economy was the absence of large agricultural holdings and landlords' estates ..."; "It is possible that the free peasants continued to own the bulk of the land and pay taxes directly to the state."
So, attempts to reconstruct the mode of production and social order in ancient and medieval India should be based on a comprehensive account of the varna and caste system that existed in it for more than two millennia, and the centuries-old history of the rural caste community 5.

3. Varna-caste social hierarchy.
The varna system developed over the centuries at the turn of our era has already changed a lot. The changes took place in a number of directions. One of them - the convergence of the status of the two lower varnas and their opposition to the upper two - has already been discussed. But this was not the end of it. First of all, there was a noticeable differentiation, both property and social, in the upper varnas, especially in the varna of the Brahmans. The number of Brahmins grew, and not all of them were required for ritual and cult priestly needs. And not everyone was inclined or capable of this kind of activity. It is not surprising, therefore, that a considerable number of brahmanas, remaining in varna as brahmanas, began to engage in other things that were not inherent in the keepers of wisdom and priests, even very low-prestige ones (doctors, actors, shepherds, etc.). As for the kshatriyas, there were also serious changes, but of a different plan. The original hereditary kshatriyas, primarily warriors, decreased in number, in no small measure due to battles and mutual extermination, court intrigues and dramatic episodes during periods of change of power and dynasties. This also applied to many ancient ruling aristocratic families. At the same time, the rulers, officials and warriors who came to replace them from other varnas (remember that a number of dynasties were headed by people from the Sudras, and their advisers were often brahmanas) had no right to easily penetrate the Kshatriya varna - the law of Indian varna read that it depends on birth, and not on the property or social status of a person. Of course, there could be exceptions to the general rule, but in general the law remained law and its consequence was a gradual decrease in the number and significance of the kshatriya varna.
Individual representatives of both lower varnas, vaisyas and sudras, greatly increased and strengthened their positions. Many wealthy city dwellers came out of them. At least some of them have penetrated into the upper strata of society, among the rulers, officials, soldiers. It turned out to be a certain paradox: the usual norm still followed the traditional gradation of varnas with appropriate privileges and sanctions in case of offenses for members of each of them, while real life has largely shifted the emphasis. In fact, the distances between the varns turned out to be different than they were before. An adjustment was needed, a different scale of social account.
But the changes in the traditional system of varnas were not limited to this. First, the Indianization of the southern regions of Hindustan all the time introduced new contingents into the Indian culture and Indian society, including the varna system. Of course, the majority of the population of the southern regions, who were re-introduced to Indian civilization, almost automatically became among the sudras. But among the converts there were also priests, rulers, officials, soldiers. How was it to be with them? Especially if they continued to perform their usual functions and in their way of life and social status clearly did not correspond to ordinary Indian sudras? The situation was similar with the militant conquerors assimilated in India, who settled in North India and wave after wave were absorbed by it (Greeks, Bactrians, Parthians, Huns, Yuezhi, etc.). Some of them corresponded to the varna of the Kshatriyas, but the possibility of inclusion in this varna has already been mentioned. This was not an easy matter, and therefore a wide flow of kshatriyas was not to be expected.
Secondly, within the framework of each of the ancient Indian varnas, there was a process of internal differentiation and specialization. Those who remained within the varna, but specialized in some part of those broad functions that were previously common to all members of this varna, began to differ markedly from the rest. This caused a natural fragmentation of the former four varnas into smaller subdivisions within them, into a kind of subvarna, each of which united people of a similar specialty, similar occupation and qualifications and, moreover, had a tendency to further narrower specialization.
Thirdly, the complexity of life circumstances constantly gave rise to numerous conflicts within each of the varnas associated with marriages or cohabitation of representatives of different varnas and with uncertainty about the varna affiliation of children from mixed marriages. An objective need arose to differentiate the members of the varna into pure and mixed, and mixed into those whose one of the parents was a representative of a higher or lower varna, or even a person who generally stood outside the varna system.
Finally, the presence in society of a certain number of unequal, including foreign slaves who stood outside the varnas, as well as those who were mainly engaged in heavy and unclean work, also led to the formation of groups of people connected by the commonality of their hard lot, the proximity of their social status and professional classes. It is worth adding to this that in the backward regions of India, in its jungle, tribes continued to exist, not yet familiar with agriculture and cattle breeding, who hunted, hunted, and gathered. All of them also needed to find some place in the general system of closed class groups.
All these and some other facts played a significant role in the transformation of the ancient system of varnas and its transformation into a more complex, fractional and strictly hierarchically organized system of castes. Kasta (jati, i.e. genus) is a closed endogamous group of people, usually hereditarily employed in a certain field of activity. It was in this kind of caste that both all small specialized groups within the old varnas, and the newly Indianized inhabitants of the south, or representatives of foreign conquerors who settled in India, were consolidated, not to mention those born as a result of mixed marriages, unequal ones, etc. The system of many hundreds and even thousands of castes that replaced the four ancient varnas has become much more convenient under the new conditions. Being immeasurably more flexible, it made it possible to painlessly include more and more new castes, giving each of them a certain strictly fixed place in the general caste social hierarchy. Those who stood outside the existing castes or were born from mixed marriages, for the time being, were a kind of candidate for inclusion in the caste system. As soon as this or that group of non-caste individuals was organized into another caste, it was included in the system, usually occupying the lowest place in the established caste hierarchy at first. Only such an inclusion could legitimize a person's place in the general all-encompassing system of social-estate ties.
Tribes, sects, groups of people with similar occupations could and did become castes. A special group included those who were engaged in unclean professions (slaughter of animals and dressing of leather, garbage collection; work with corpses; profession of healers, executioners, actors, etc.). They either belonged to the lowest castes, or generally stood outside the castes and were considered untouchable, that is, those whose touch could defile members of other castes, especially the Brahman. The position of the untouchables in traditional Indian society - and there were more of them over time - was socially worse than that of slaves. They were shunned like lepers. They were despised. They had almost no rights and were obliged to be content with worse living conditions, eat almost garbage, etc.
The fundamental difference between the new castes and the old varnas was that the castes were corporations, that is, they had a clear internal organization - governing bodies, mutual aid funds, joint rituals and ceremonies, a certain regulation of professional activity, norms of internal and external communication, their own customs, habits , cuisine, decorations, caste signs, etc. The castes included a much smaller number of members compared to the previous varnas, and many of them were not all-Indian, but regional and local groups. Like any corporation, the caste strictly stood guard over the interests of its members, gave each of them support, helped to find a job, receive a payment for it, stipulated by the norm, and so on. All the new features and characteristics listed above distinguish caste from varna quite noticeably. But the main principle in the transformation of varnas into castes remained unchanged: the rule formulated by ancient Brahmanism and strictly guarded by Hinduism was that everyone belongs to his own caste by birth and must remain in it all his life. And not only stay, but also choose a wife from your caste, raise children in the spirit of caste norms and customs. No matter who he becomes, no matter how rich he becomes or, on the contrary, he descends, a brahmana of a high caste will always remain a brahmana, and an untouchable person will always remain untouchable. With the emergence of the caste system in India, slavery of foreigners sharply decreased and practically disappeared, but not because society allegedly overcame the stage of slavery, but simply due to the fact that all foreigners were henceforth included in one of the lower castes or in the number of non-caste untouchables ... As for the debtor slaves, their status continued to remain practically unchanged. Slavery as an institution, in principle, did not contradict the caste system, and the use of the labor of bonded and unequal was quite within its framework.

4. Features of class-caste organization in monarchies and republics.

In the study of class-caste organization, ancient Indian materials belong to one of the central places, for they allow one to give an answer to some questions of the origin and formation of this complex social phenomenon, to explain its many peculiar features.
I must say that Indologists have achieved significant success in the study of this topic - a huge number of works have been published, although we have to admit that they are not without significant shortcomings. This is due not only to errors of a methodological nature, but often to an incorrect approach to the analysis of sources. Usually scientists either base themselves on some individual monument or a group of close ones, or they draw on materials of a variety of times and nature. The works devoted to the estate-caste organization in a specific period of ancient Indian history, strictly outlined in chronological frames, are practically absent. To a certain extent, this situation is explained by the nature of the sources that have come down to us, the difficulty of their exact dating and the impossibility of correlating with a specific historical era. In texts that do not contain any indication of the time of their creation (primarily epigraphic documents), the evidence on the issue of interest to us is very fragmentary, and often very unreliable.
Most of the studies on the estate-caste structure in ancient India are based on sources (Sanskrit and, much less often, Pali), which mainly reflected those really existing social institutions and phenomena that were associated with monarchical states. This is mainly determined by the fact that the caste-estate organization received, as is known, its form and final consolidation in the ancient class society. And it is not surprising that mentions of varna are found especially often in messages about the relationships and legal norms of class groups within a class society: for it, monarchy is the most common form of government in antiquity.
However, it would be a mistake to believe that a modern scientist can be content only with materials about the estate-caste structure in the monarchy.
At present, it is permissible to assert with sufficient confidence that this was a widespread, but by no means the only form of political power and that along with it there were also non-monarchical (republican) formations that played a prominent role in political and social life. Unfortunately, the question of them, in any case, many of its aspects, remains insufficiently developed so far. But even those materials that are already at the disposal of researchers make it possible to reveal the specifics of the class organization of these republics. Consideration of this problem is very important not only for the history of the Ganas and Sanghas themselves, but also for the study of the ancient Indian estate-caste structure as a whole, because such an analysis makes it possible to understand whether the change in the form of state power had a direct impact on the estate organization of society and how it changed. the nature and relationship of varnas with each other in societies with a form of government different from the monarchy.
In other words, it seems expedient to comparatively study the position of varnas in monarchies and republics in the Magadh-Maurian era. During that period, some features of the estate-caste system took shape, which were further developed and consolidated in subsequent eras of the country's history. This was due, first of all, to economic and political shifts, to the formation of states (including republican ones), to the creation of a united empire. The changes in the spiritual life of society, the emergence and spread of Buddhism and Jainism, which carried new ideas concerning many issues of social life, including the class-caste organization, were also of a certain importance.
Judging by the sources relating to the Magadh-Maurian era, the system of varnas had already taken shape by this time. An important message has been preserved in the Buddhist canonical work "Majhima-Nikaya" that in India, in contrast to the neighboring regions (countries) of the Yons and Cambodians, where there is only a division into free and slaves, society is divided into four more varnas. Varna affiliation largely determined the position of a free Indian.
True, in this period, it was not the origin, but the property status that became decisive for assessing the social significance of a person. The sources of this period specifically emphasize that the possession of wealth brings honor and glory to people. The later Panchatantra (II.30-31) notes that it is this that makes a person powerful.
In the "Majhima-pikaya" (II.84-85) it is said that if a sudra increases his wealth, then he has the right to hire as a servant not only another sudra, but also a vaisya, a kshatriya and even a brahmana. According to Vasishtha-dharmasutra (XXVI.16), sudra and vaisya are able to get rid of misery by means of possessions. Even a high origin could be attributed to a wealthy representative of the lower varna.
Most of the information about the ancient Indian caste-caste organization is contained in the Brahmin codes of "rules and laws" - the dharmasutras and dharmashastras, the compilers of which sought to ascribe the emergence of the varna system to the will of the creator, who forever gave the brahmanas the highest place in society. These texts are imbued with the idea of \u200b\u200bthe superiority of brahmana, its priority over all other varnas.
Buddhist and Jain writings are of greater interest for the study of class organization in the Magadh-Maurian period than tendentious Brahmanical collections, however, one should take into account the purely Buddhist interpretation of the issues we are considering. In contrast to the brahmanical teaching about the difference in people by birth, Buddhism put forward the principle of equality of people by birth and the acquisition of spiritual merit. It is no coincidence that this creed received the support of the Kshatriyas, in whose hands actual power was concentrated, but who, according to the traditional scheme, occupied a lower place in the general system of varnas compared to the brahmanas, as well as some Vaisyas (wealthy merchants and artisans) and sudras who sought to occupy society a position corresponding to their actual property status.
Megasthenes gives important information about the caste-class organization. He distinguishes seven groups in Indian society, differing in status, legal norms, place in political and social life: sages (philosophers), farmers, shepherds and hunters, artisans and merchants, warriors, overseers and high officials. The groups of the Seleucid ambassador are not identical to the Indian varnas: the main indicator underlying his classification is professional affiliation, but his scheme included representatives of all four varnas (it was adopted with some changes by many ancient writers who used his work).
It can be assumed that the data of Megasthenes appeared as a result of his personal observations, as well as acquaintance with information received from local brahmanas. It is no coincidence that the first on his list are sages (philosophers). From the descriptions of Megasthenes it follows that in the Mauryan era, the Brahmans retained a fairly high status and sought to retain their positions and privileges. Their influence was significant in the field of ideology and cult. They, according to him, were respected, as they made sacrifices to the gods and performed magical rites: “No one else, except the sage, is allowed to engage in fortune telling and predicting the future” (Ind. XI.4).
The brahmanas also acted as advisers to the ruler: “They are all used together by the kings in the so-called great council, at which the sages converge at the beginning of each new year in the royal palace, and everything that each of them invented or noticed useful for state institutions is set forth here publicly". Indian sources have retained similar evidence. Judging by the Arthashastra (1.10), among the brahmanas usually came purohita - the royal priest and mentor, whose role at the court was very noticeable. (His salary was 48 thousand Pan.).
Buddhist texts say that the ideal for a brahmana is to be an ascetic without property. Perhaps this position was indirect evidence of the struggle against the Brahmins, who owned large tracts of land and sometimes even carried out large trade operations. The following words are attributed to Buddha: "Previously, the brahmanas lived in the forests and led a modest lifestyle, but now they live in fortified places, which are guarded by armed men." The Jatakas (I.425) speak of brahmanas who are overwhelmed by the passion for wealth.
There are materials about the participation of the brahmanas in the court and that they could be senapati - the commanders of the army. Moreover, sometimes brahmana kings are mentioned in the jatakas, although even according to the brahmana "laws", the administration and protection of the subjects were the prerogative of the kshatriyas.
It is significant that Patanjali, who lived in the II century. BC e. and being well acquainted with the situation in the Kshatriya republics, he believed that the brahmanas in the state (obviously, the monarchy is meant) belongs to the leading role.
Thus, despite the fact that the theory of the superiority of the varna of the Brahmins in the Maurian era was largely a reflection of traditional ideas and the actual power and political dominance were exercised by the Kshatriyas, the importance of the Brahmin class in the monarchies was very great.
And yet, the new conditions associated with the development of the economy and the growth of cities (which led to the strengthening of the handicraft and commercial strata - judging by the grhyasutras, the brahmans retained influence mainly in the villages and avoided city life), with the fall of the authority of brahminism due to the spread of Buddhism, could not but affect its status.
Sources contain many examples testifying to the departure of the brahmanas from traditional activities. Brahmanical "laws" (Apastamba, I.7.20; II.5.10, Gautama, X.5; Manu, X.82) allow them to engage in agriculture, cattle breeding, trade. Anguttara-nikaya (III.223) speaks of brahmanas who used "all means to maintain life." The jatakas mention brahmanas who work the land, shepherds, hunters, traders, and artisans. The Samyutta-nikaya (I.170-171) tells of a brahmana who once owned a sesame farm, but then became impoverished and was in debt. In accordance with the laws of the shastras, the brahmanas should have been exempted from taxation, but sources report that they paid taxes, about severe punishments that could be applied to a brahmana. The author of "Arthashastra" recommended drowning him if he encroached on state power and organized a rebellion (IV.II), to put a stamp in the form of a dog if he committed a theft, and in the form of a headless body if he killed a person (IV.8): “Brahman who committed a crime and bears a wound from the stigma made, the sovereign must expel from the country or put to work in the mines ”(IV. 8). Buddhist writings more than once enumerate the measures of punishment and cite cases of the death sentence of a brahmana.
Of course, the decline in the role of the Brahmans in the Magadh-Maurian era did not mean that they completely lost their influence and their privileges. True, in the political and ideological spheres (under the rule of the Kshatriyas and the strengthening of Buddhism) they had to moderate their claims, but in the economic and social spheres they to some extent retained their positions.
Political power was concentrated in the hands of the Kshatriyas, whose role, as already noted, significantly increased during the creation of large states and a united empire. The importance of the kshatriyas in the republics was especially great, but they also occupied a leading position in the monarchies. In Buddhist writings, they are always given a place in front of the brahmanas. In a conversation with the brahmana Ambattha, Buddha claimed that they are superior to the brahmanas, that they are the best of the four varnas, and no one can compare with them in purity of origin. In one of the jatakas (1.49), the Buddha's words are cited that Buddhas were never born in the varna of the Vaisyas or sudras, but only in the varna of the Kshatriyas or brahmanas. "And since the Kshatriya varna is now the highest, I will be reborn as a representative of this varna." He himself, according to legend, came from a Kshatriya family.
As a rule, the kshatriyas were kings who were entrusted with ensuring order in the country and observing the "laws of the varnas", as well as major government officials.
Their political power was backed up by an appropriate economic base. Many of them owned large estates.
Explaining the word "kshatriya", "Digha-nikaya" (III.92-93) and Buddhaghosha (Zit. III.870) interpret it as "the owner of the fields"; kshatriyas are not only a title, they are the owners of the fields.
etc.................

Federal State Educational Institution of Higher Professional Education “Academy of Russian Ballet named after A.Ya. Vaganova "

EXECUTIVE FACULTY

Specialty - choreographic art

ESSAY

On World History

on the topic:

Varna social system of ancient India

Introduction ................................................. .................................................. .... 3
Historiography................................................. ...........................................four
Main part
1. The history of the formation and description of the varna social system ........................................... .................................................. ...........five
2. The value of the caste social system in the history of Ancient India .......................................... .................................................. ..........8
Output................................................. .................................................. ........ten
List of used literature ............................................... .........eleven

Introduction

The first Neolithic settlements in the foothills of the Indus Valley date back to the 6th – 4th millennia BC. e., centers of urban culture originated in India aroundIII millennium BC, and the Harappan civilization is considered to be the first ancient Indian civilization. However, information about it has practically not survived, largely because the writing of that period has not yet been deciphered. The further development of the culture of the Hindustan Peninsula predetermined what began approximately at the beginningII millennium BC the resettlement of the Indo-Aryan tribes to the valley of the Ganges, the reason for which is still little known. It was during the period of the Vedic civilization, the culture of the Indo-Aryans, which existed beforeV in BC, which is associated with the Vedas, the earliest sources aboutindian history , for the first time there is a division of society according to genus. This division intensified during the Mauryan Empire, the first great Indian empire.

Although the signs of a caste social system are attested in many peoples, India provides us with one of the most striking examples of this organization.

Historiography

The scientific study of the history and culture of India began in the middleXVIII century. It was then that Sanskrit attracted great interest, the study of which was actively pursued by English and German scholars, who translated some of the most famous works of ancient Indian literature into European languages. Indology pioneers areHenry Thomas Colebrook, William Jones, August Wilhelm Schlegel and others, the first Russian Indologist is considered G.S. Lebedev, who compiled a description of the life and customs of the Indians and the grammar of the Hindustani.

Indian epigraphy was born in the first halfXIX century, and the first archaeological excavations were carried out only at the end of the century, after A. Kenningham made an archaeological map of India. INXX century, when systematic excavations began, the English scientists Marshall and McKay and the Indian archaeologists Sakhni and Banerjee, as well as many others, discovered the ruins of ancient cities in the Northwest of the country.

From the very emergence of Indology, several different schools and directions have developed in this science. Many works of Western European scientists are characterized by Eurocentrism; the Russian school of Indo-studies, which made a great contribution to modern Indology, is characterized by an objective and strictly scientific approach. On the edgeXIX - XX centuries, the emergence of interest in studying their own history in India was associated with the outbreak of the struggle for independence.

Today, the history of the Indian state attracts more and more attention, because questions without answers continue to exist and multiply, new facts, new unexplored materials appear.

The history of the formation and description of the varna social system

The word "caste" in translation from Portuguese means "genus, quality", it began to be used whenthe Portuguese in the 16th century infiltrated India and got acquainted with the Indian social organization. Initially, in India, there were groups that were designated by the word "varna", which corresponds to the concepts of "type", "category". Since ancient times, this word has been used to contrast the main social strata. The division of society begins at the endII - early I millennium BC, can be judged by information from the "Rig Veda", one of the four Hindu religious texts, a collection of religious hymns, compiled around 1700-1100. BC, the oldest monument of ancient Indian literature and the oldest religious text in the world. Despite the fact that in the original version of the Rig Veda there is no direct mention of varna, this collection already speaks of the existence of priests, nobility and common people, although this division is not yet rigid and not controlled.

And only in the late hymn from the Rig Veda, inX Mandala, in the famous "Purusha-sukta", there is a myth that the four varnas originated from the first man Purusha. From the mouth of Purusha came the highest varna - "brahmanas", these are the priests who were supposed to serve God, from the hands came the "kshatriyas", military, generals, from the thighs - "vaisyas", artisans, farmers, cattle breeders, and from the feet came the lower varna - "sudras", a layer of poor and unequal people. It is believed that the three higher varnas were genetically related to the Aryans and therefore were called "twice-born", which gave them the right to the "second birth" rite, that is, the initiation rite. It was carried out in childhood and was accompanied by putting on a cord around the neck, the color of which corresponded to the position in society, and subsequently provided training for the profession and the occupations of the ancestors, which would then allow one to become a householder.

A later description of the varnas is given in the Manu-smrti, also known as the Laws of Manu. This document is a set of laws and regulations of Ancient India, which covers aspects such as social order, property and family relations, as well as crime and punishment. The text does not have an exact dating, however, there are suggestions that the drafting of laws in it is limited by the time frame from the 2nd century BC. until the 2nd century AD It is believed that after the collapse of empiresMauryev and Shunga there was a period of social instability, the influencebrahmanas was threatened by non-Vedic movements, therefore the aforementioned document and other Dharma Shastras (collections of rules) were the reaction of the Brahmanas to these threats. The Laws of Manu describes in detail the creation of the four varnas and the significance of each of them in society:

“And for the sake of the prosperity of the worlds, he [Brahma or Brahma is one of the three supreme gods of Brahmanism and Hinduism, the creator god, the creator of the Universe and its personification and soul. Usually depicted as four-faced, four-armed, sitting on a swan] created from his mouth, hands, thighs and feet, respectively, a brahmana, kshatriya, vaisya and sudra. And for the preservation of this entire universe, he, the most luminous one, established special occupations for those born of the lips, hands, thighs and feet. Education, study of the Vedas, sacrifice for oneself and sacrifice for others, distribution and reception of alms, he established for the brahmanas. The protection of subjects, the distribution of alms, sacrifice, the study of the Vedas and non-adherence to worldly pleasures, he indicated for the kshatriya. The grazing of cattle, and also the distribution of charity, sacrifice, the study of the Vedas, trade, usury and agriculture are for the Vaisya. But the lord indicated only one occupation for the sudras - serving these varnas with humility. "

The transition from one varna to another was absolutely impossible, a strict endogamy was established (marriage between representatives of one varna): “For a sudra, a sudra woman is prescribed, for a vaisya - a sudra woman and her varna, for a kshatriya - both of her own varna, for a brahmana - those three, as well as of her varna. Twice-born, foolishly marrying low-born women, quickly reduce families and descendants to the position of sudra.". All professions were hereditarily fixed, the laws of the way of life of each of the varnas were formulated in dharmas, there were different degrees of punishment for causing harm to more or less noble subjects.

Varna Kshatriyev ruled the state, it arose as a result of wars, eventually becoming the ruling one. Unlike the varna of the brahmanas, it was not so withdrawn. But despite this, the brahmanas occupied the most honorable place in society:“Among living beings, the animate ones are considered the best, among the animate - intelligent, among intelligent people, among people - brahmanas.The very birth of a brahmana is the eternal embodiment of dharma, for he is born for dharma and intended to identify with Brahma. Everything that exists in the world is the property of a brahmana; because of the superiority of birth, it is the brahmana who is entitled to all these. Brahman eats only his own, wears his own and gives his; because other people exist by the grace of a brahmana "("Laws of Manu"), they were called "avadhya "- inviolable. An important feature of the position of the brahmanas was that they could not be executed, the most significant punishment could only be exile.

For the most part, free community members who were engaged in agriculture or handicraft belonged to the Vaisya varna, they were the main tax-paying class. In the Vedic era, the vaisyas still retained some political rights and even participated in solving a number of state affairs, but over time the vaisyas lost their privileges in society, including the rite of "second birth", so the division line began to pass between the nobility, brahmanas and kshatriyas , on the one hand, and the poor, Vaisyas and sudras, on the other.

The value of the varna social system in the history of ancient India

Varna, and later caste social system can be called one of the most stable and unshakable models of the division of society, because it still exists in modern India. It is also obvious that the above-described system rather strongly influenced the mentality of the inhabitants of Ancient India, the monarchy that existed then, the solution of internal and foreign policy problems, and the history of the Indian state as a whole.

The existence of division into varnas led to a specific model of slavery. Unlike other states of the Ancient East, slave labor did not play a significant role in the decisive sectors of the Indian economy. There was no opposition between free and slave in the laws, castes overshadowed classes. A feature of ancient Indian slavery was the presence of state legislation aimed at limiting the arbitrariness of the owner in relation to the slaves. For example, it was forbidden to sell slave children without parents; the owner, when using the labor of a slave, was obliged to take into account his caste position. Slaves could have families, property, inheritance rights.

Output

The system of division of society in India acted as a kind of alternative to the weak central political power, and perhaps its main reason. It could well exist without a strong state, without an effective administration, because its internal laws were already successfully performing political and administrative functions.

The Varna system not only did not disintegrate over time, but, overgrowing with new categories, more fractional divisions, having undergone many changes, existed for several millennia, and still exists today.

It is thanks to the uniqueness of the varna system that its formation and features are still the subject of keen interest of historical science.

List of used literature

Z.M. Chernilovsky, V.N. Sadikov. Reader on the general history of state and law.
K.I. Batyr. General History of State and Law.
L.S. Vasiliev. History of the East.
O. A. Zhidkov, N.A. Krasheninnikov. History of the state and law of foreign countries.
K.A. Antonova, G.M. Bongard-Levin, G.G. Kotovsky. History of India.
N.V. Zagladin, N.A. Simony. General history from ancient times to the endXIX century.
L. B. Alaev. Medieval India.
Free Internet Encyclopedia "Wikipedia". http: // ru. wikipedia.org.

The work was performed by student 6 /I A course Maria Vladimirovna Khoreva

Scientific adviser _______________________

rev. T.I. Pelipenko

In ancient India, the concept of law as a set of independent norms governing social relations was unknown. Indian daily life was governed by rules that were ethical in nature rather than legal. At the same time, these norms bore a bright imprint of religion. The norms that determine the behavior of people in their daily life (dharmas) were contained in collections - dharmashastras. The most famous dharmashastra in our literature are the laws of Manu (they are named after the mythical progenitor of people, Manu).

The laws of Manu consist of 2685 articles written in the form of couplets (slokas). There are a few articles of direct legal content, contained mainly in chapters VIII and IX (there are 12 chapters in total in laws). The main thing in the laws of Manu is the consolidation of the existing varna system. These chapters describe in detail the origin of the varnas according to religious teaching, indicate the hereditary and professional nature of the varnas, determine the purpose of each varna, the privileges of the higher varnas. The peculiarity of the laws of Manu is the religious coloring of all its provisions.

At the time of the creation of the laws, the Manu in India already well understood the difference between property and possession, and considerable attention was paid to the protection of private property.

Laws indicate seven possible ways for property rights to arise: inheritance;

receiving in the form of a gift or find;

conquest;

usury;

performance of work;

receiving alms.

At the same time, it was emphasized that the first three ways were available to all residents, the fourth - only for the Kshatriyas, the fifth and sixth - only for the Vaisyas, the seventh was the privilege of the brahmanas. Although, of course, in life this was not always strictly observed.

In ancient India, such a method of acquiring property rights was also known, as by the prescription of ownership (10 years). At the same time, it was emphasized that only with legal confirmation did a person turn from an owner into an owner. It was possible to acquire a thing only from the owner. Proving ownership by reference to good faith was prohibited. If a stolen thing was found in a bona fide purchaser, it was returned to the previous owner.

Among the main types of property, laws call land. The land fund of the country was made up of royal lands, communal lands, and private individuals. For the misappropriation of someone else's property (someone else's plot of land), a large fine was imposed, who appropriated someone else's land was declared a thief.

It was forbidden to interfere in the affairs of the owner. The laws of Manu say that if a landowner sows someone else's fields with his seeds, then he has no right to get the harvest. Only the owner of the land himself decided the issue of his land, which he could transfer, donate, mortgage, lease. The laws of Manu also protect movable property, the most significant of which were slaves, cattle, inventory.

In the laws of Manu, it is mentioned about the consideration of judicial disputes regarding the boundaries between communities, about community wells, canals. When considering these disputes, the opinion of relatives and neighbors was taken into account. They also had the right of preferential acquisition of land. Thus, the community, which played a significant role in social relations, sought to limit private land ownership.

Obligatory relations have received a rather careful elaboration in the laws of Manu. Basically, the laws talk about obligations from contracts. The most detailed description is one of the oldest agreements - the loan agreement. The law firmly establishes the inviolability and continuity of debt obligations. If the debtor could not pay the debt on time, he had to work it off. At the same time, a creditor belonging to a lower caste could not force the debtor belonging to a higher caste to work off the debt. A person of higher origin than the debtor paid off the debt gradually. It was allowed to receive debt with the help of force, cunning, coercion. After paying the debt with interest, the debtor became free. In the event of the death of the debtor, the debt could pass to the son and other relatives of the deceased.

In the Maurian era, the labor of free hired workers (karmakars) was widely used, therefore the laws of Manu pay considerable attention to this type of contract. In terms of their varna affiliation, the hired workers were mostly Shudras, but "probably among them were the ruined free community members and artisans who belonged to the Vaisyas. Carmakars, engaged in agricultural work, received 1/10 of the harvest, in cattle breeding - 1/10 of the butter from the milk of cows "who were looked after. The conditions for concluding a contract depended on the employers. Failure to fulfill the contract entailed a fine, and the perpetrator's salary was not paid. If the failure to perform work was caused by illness and, having recovered, the hired person performed the work, he could receive a salary even after a long time.

The land lease agreement was also known in ancient India. This agreement acquires significance and spreads in connection with the penetration of the process of property differentiation into the community. The ruined community members who lost their land were forced to rent it.

The purchase and sale is one of the contracts mentioned in the laws of Manu. The contract was considered valid if it was made in the presence of witnesses and the owner of the thing was to act as the seller. The law establishes certain requirements for the subject of the contract and prohibits the sale of goods of poor quality and insufficient weight. Within 10 days after the sale and purchase, the transaction could be terminated without any good reason. The peculiarity of this treaty for India was that there was a restriction on human trafficking. At the same time, trade was seen as an occupation not for the higher castes.

Manu's laws were also aware of the obligations resulting from harm. As a basis for the occurrence of such an obligation, damage to property is called (destruction of crops by livestock on a fenced area, loss of an animal by a shepherd), damage caused by the movement of a cart through the city. In this case, the perpetrator had to compensate for the damage caused and pay a fine to the king.

Ancient India was characterized by a large patriarchal family. The head of the family is the husband. The woman was completely dependent on her husband and sons. The marriage was a property transaction in which the husband bought his wife, and she became his property. The age of marriage was set for girls - 12 years, for boys - 16.

The laws of Manu define the position of a woman as follows: in childhood she was supposed to be under the rule of her father, in her youth - her husband, after his death - under the rule of her sons, for "a woman is never fit for independence." The laws of Manu directly require a wife to honor her husband as a god, even if he is devoid of virtues. And although the laws of Manu as the highest dharma between husband and wife proclaim "mutual fidelity to death," a husband could have several wives, he could divorce his wife. The wife could not leave the family. Even if her husband sold her and left her, she continued to be considered his wife. For treason, the wife was subjected to terrible punishment, up to the death penalty. According to tradition, the wife had to belong to the same varna as the husband. The possibility of mixed marriages was limited. Dharmashastras fix clear religious and legal boundaries between brahmanas, kshatriyas, vaisyas and sudras, based on numerous religious and ritual restrictions, prohibitions, and prescriptions. For each varna, its own dharma, the law of the way of life, was formulated. State administration remained under the jurisdiction of the first two varnas. Whole chapters of dharmashastras are devoted to strict regulation of people's behavior, their communication with each other, with representatives of the so-called "untouchable" castes outside the varnas of Indian society, rituals of "cleansing" from "pollution" during such communication. The severity of punishment for committing certain crimes is determined in the dharmashastras in strict accordance with belonging to a particular varna.

The power of the father over his children was also omnipotent. All family property was common property, but managed by the head of the family. After the death of the parents, the property was either divided between the sons, or remained with the eldest son, who became the guardian of the younger brothers who remained in the house. Daughters were eliminated from inheritance, but the brothers had to give them 1/4 of their share for the dowry. Old Indian law did not know inheritance by will.

The criminal law presented in the laws of Manu, on the one hand, is distinguished by a rather high level of development for its time, which is manifested in the indication of the forms of guilt (intent and negligence), relapse, complicity, the severity of the crime, depending on the affiliation of the victim and the perpetrator to a certain varna. On the other hand, the laws reflect the preservation of the remnants of antiquity, as evidenced by the preservation of the principle of talion, ordeals, the responsibility of the community for a crime committed on its territory if the perpetrator is unknown.

Among the crimes called the laws of Manu, the state is in the first place. As an example, we can call the service to the enemies of the king, the breakdown of the city wall, city gates. The laws do not give a complete list of this type of crime, which is a characteristic feature of all ancient codifications.

Among property crimes, laws pay great attention to theft, calling on the king to curb thieves. It should be noted that the laws clearly distinguish between theft as secret, theft of property from robbery committed in the presence of the victim and with violence applied to him. The measures applied to the thief depended on whether he was detained at the crime scene or not, whether the theft was committed during the day or at night. A person caught with stolen and thieves' instrument is ordered by laws to be executed without hesitation. Thieves who commit theft at night, the king should, having cut off both hands, impale. In the first theft, two fingers were cut off, in the second - an arm and a leg, in the third the death penalty was imposed. The punishment was also borne by those who saw the theft, but did not report it; the thief's harbinger was punished in the same way as if he had stolen himself.

Manu's laws condemned all violence committed against a person, and considered the rapist to be a worse villain than the swearing man, the thief, and the one who struck with a stick. Violence included both murder and bodily harm. Premeditated murder carried the death penalty. Murder in self-defense, in the protection of sacrificial gifts, in the protection of women and a brahmana (necessary defense) was not punished.

Quite a few articles are aimed at strengthening family relationships. The laws establish severe punishment for adultery, for infringement on the honor of a woman.

At the same time, when determining the punishment for bodily injury and insult, the class essence of ancient Indian law is quite clearly visible, since the punishment depended on the belonging of the guilty person and the victim to one or another varna.

Among the types of punishment should be called the death penalty (for a brahmana it is replaced by shaving the head) in various forms: impalement, burning on a bed or a fire, drowning, being bullied by dogs, etc .; self-injurious punishment (cutting off fingers, hands, feet); fines, expulsion, imprisonment - this is not a complete list of punishments.

When sentencing, the personal status of the offender and the victim was taken into account (gender, age, varna, etc.). As a rule, the fact that the perpetrator belonged to a higher varna mitigated the responsibility. However, the opposite principle was valid for theft. The brahmana paid the most significant fine.

Manu gives an overview of the trial of the time. There was no separation of the court from the administration. The supreme court was ruled by the king with the brahmanas. There was no distinction between criminal and civil proceedings, the proceedings were adversarial. Laws give reasons for considering claims. This is non-payment of a debt, mortgage, sale of someone else's, complicity in a trade or other association, non-payment of salary, violation of an agreement (dispute between the owner and the shepherd; dispute about the border, libel and insult, theft, violence, adultery; division of inheritance, dice and beating bet). In total, there were eighteen reasons for the trial. The litigants' cases were considered following the order of the varnas.

The main source of evidence was testimony. The laws regulate their use in great detail. The value of the testimony corresponded to the witness's belonging to varna.

People of lower varnas cannot testify against people of higher varnas. The testimony of "slaves, relatives and children" is "unreliable" and therefore it is better not to resort to them. If there is a disagreement between an excellent and a good witness, preference should be given to the testimony of an excellent, etc.

Later, due to the fall of the role of free community members in social life, the vaisyas began to differ little from the sudras and the division line began to run between the nobility - brahmanas and kshatriyas, on the one hand, and the common people - vaisyas and sudras - on the other.

According to the "Laws of Manu", Vaisyas and Sudras should not be allowed to deviate from their prescribed functions, otherwise chaos would reign in the world. Hence, in the ancient texts, a natural conclusion was drawn that the kshatriyas cannot prosper without the support of the brahmanas, and the brahmanas without the support of the kshatriyas. Only in union with each other can they prosper and rule the world.

Thus, within each varna, social inequality developed, a division into exploited and exploiters, but caste, communal, large-family boundaries, sealed by law and religion, held back their merging into a single class community. This created a special diversity of the estate-class social structure of Ancient India.

The specificity of the social system of ancient India was the rigidly fixed division of people into closed groups, which were called "Varna", which means "category of people, qualities, color, etc." This division is not found in other states of the East. Most scholars associate the appearance of varnas with the brahmana religion. In accordance with religious beliefs, and then state acts, people are born and belong all their lives to one of the 4 varnas. Varna is a closed and hereditary group of people. Each varna was endowed with a different scope of rights and obligations. The rules of conduct for members of different varnas were called "Dharma". Its violation caused religious and moral condemnation and often had legal consequences. The whole life of a Hindu was determined by belonging to varna, that is, profession, position, size of inheritance, severity of punishment, his name, clothing, diet. One of the legends says that from the mouth of the first man arose the varna of the priests, which was called Brahmana, from the hands - the varna of warriors and administrators, which was called Kshatriya, from the thigh - the varna of the community members, which was called Vaishii, from the feet - the varna of the poor and incompetent, which was called Shudra.

The first 3 varnas were associated with the Aryans and were considered honorable. They were called "Twice Born", since in childhood they were treated with a second birth ritual called "Initiation", which gave them the right to receive a profession, occupation of ancestors, etc.

Brahmanas had to study the sacred books, which were called "Vedas", teach people, perform religious rituals. They should be surrounded with special honor, the king should consult with them. The life and property of the brahmanas were fully protected by the state.

Varna kshatriyas formed on the basis of the clan military nobility. From them the military and state nobility is formed, from their number the king should come. They also owned large tracts of land.

Varna vaishia included the working population. They did not have the privileges that were vested in the higher varnas, but they belonged to the twice-born and differed sharply in position from the sudras varna.

Shudras - these are the descendants of the Dravids. The Shudras were the most powerless varna. Religion and law created a high chasm between the sudras and the twice-born. They could not study the Vedas, participate in religious rituals, they did not have land ownership and were subjected to the most severe punishments.

Over time, changes occur in the position of the varnas:

The status of the Vaishia varna is diminishing, and they lose their Aryan privileges, including the rite of rebirth. The status of the Shudr varna has slightly increased.

The accession of new tribes to the state led to the fact that they were included in the Shudr varna. This provoked resistance from the clan nobility.

The number of Kshatriyas who died during numerous wars is decreasing. There has been an increase in the number of brahmanas who begin to engage in uncharacteristic activities.

These processes led to the emergence of smaller divisions within the varnas, which were called castes. So the caste system began to take shape, which remains in India to this day.

A caste is a group of people employed in a particular field of activity. Their difference from varnas was that they were professional corporations with a clear internal organization, that is, they had their own governing bodies, mutual aid funds, their own rituals, etc. However, people belonged to caste, as well as to varna, from birth to the end of life. There were more than 2,000 castes in ancient India. There were two more groups of the population that were outside the framework of the varna-caste system:

Slaves. Slavery was patriarchal in nature. There were several categories of slaves depending on the source of the slavery. Self-sale into slavery was prohibited for representatives of the first three varnas. The position of slaves in India was somewhat better than in other states: they could have a family, property, they were forbidden to kill, there were restrictions in punishment.

Untouchables who were called "pariahs". Their status was determined by religious beliefs about the impurity of certain objects and professions, that is, they were engaged in fishing, slaughtering animals, cleaning up garbage, etc. Their position was worse than that of some categories of slaves.