Artifact Research by Gary Madden

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Dazu is a small city 3 hours away from Chongqing, known for it’s Buddhist stonecliff carvings.

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JURISPRUDENCE IN INDIA THROUGH THE AGES

Ever since the advent of mankind, the quarrels started amongst them For this purpose, Manu divided the society in varnas. One of the varnas ie. Kshtriyas were responsible for the governance of the kingdom. Since ancient periods, Government has been having three constituents – The Legislature, the Executive and the Judiciary Unlike the present system; of governance in which the three ingredients are independent organs with some checks and balances, the Vedic system, while speaking of the three organs, gave the king the overall power over all the three organs. Also unlike the present duration of legislation and executive of 4-5 years, the Vedas speak of life long duration of the king and the members of his Samiti or Sabha.

As per Vedas, the Government in the realm of gods consisted of Indra as the emperor and the other gods like Varun, Agni, Savita, Puas, Soma, Ashvini etc., as his ministers although they too have been mentioned as emperors at some places. This might be because they discharged the duties of the emperor in their respective spheres like the officers in the Government of India certain officers exercise the powers of the President. Hindu law is generally believed to have been derived mainly from Vedas followed shastras and smiritis, which are supposed to have been proceeded by and elaborated from the dharamshasstras but dharamshastras could not mean the positive law, civil law, private law or public law in modern sense of the term. Dharam was in fact a wider term, which included religion, social, moral domestic and other regulations including legal rules as well. The ancient Hindu jurists generally distinguished between the rules relating to religions and moral observance on the one hand and those relating to positive laws on the other. The Vedas or the Shrutis(as heard from God) were in theory the original source of Dharma. These have been further interpreted and elaborated by smiritis.

The Hindu jurisprudence regards the smiritis which are often designated as dharamshastras, as constituting the foundation of an important source of law. The smiritis are the earliest extant treatises from which Hindu law has pursued. The Hindu rajahs ha followed the rules in these smiritis. These included Manu Smiriti9The oldest), Yajnavalka Smiriti, Prasar Smiriti, Narada Smiriti, Brihaspati Smiriti etc. The Hindu rajahs took four basic factors into consideration in the administration of justice viz. Sacred laws or laws contained in Dharamshastras; contractual relations created by parties; customary laws and statutory or king made laws. In case of conflict, the former prevailed over the latter.. The smiritis contain the customary, statutory and laws on customary relations like them present day codes of laws viz Indian Penal Code, Criminal Procedure Code, Civil Procedure Code, Evidence Act, Contract Act etc. were framed in English period stating that there were no codified laws in India in the past. But all these are included in our smiritis in a more elaborate way and were followed by the judiciary in ancient India.

Law is nothing but one’s conduct according to the laid down rules that is the rules which have necessarily to be followed and whose breach would be punishable in one way or the other by the judiciary as per laid down rules in smiritis. The judiciary comprised of local courts where the Mukhia of the village had judicial powers, then appeals lay before a Mukhia of ten villages, of hundred villages and in towns there were separate judges appointed by the rajah with certain laid down qualifications. The rajah was the fountain head of judiciary and the highest court of appeals. Like the present day system, in ancient India too the law suits had four ingredients – Petition, defense, arguments and judgment.

Petition and defense: The first step in the proceedings with any case in local courts, regional courts or rajahs court was the presentation of the petition by the plaintiff, who narrated the petition before the judge. The judge then examined the matter and admitted or rejected the same. In case of admission, the defendant was summoned by the court. The defendant was told about the plaint and he was required to reply to the charges. He was given a fortnight’s time after which it could be extended by another fortnight after which the case was heard on the basis of the reply given, if any and arguments recorded. The judgment was then awarded. In case no defense is given , the case is decided ex-party. So a case was decided maximum in one month unlike the present system, where the cases keep pending for decades.

Arguments and Judgment: After the defense is given the defendant was summoned to offer his arguments in favor of the defense given and the petitioner was asked to give counter arguments. Based on the authenticity of the arguments, the case was decided. So like the present day system, there were four ingredients of the case – the plaint, defense, arguments and judgment.

If the petitioner was not satisfied, he could go in appeal to the order of appealing authorities indicated above, the last being the court of Rajah.

Islamic Jurisprudence: Mohammedan law was app0lied during the Muslim rule in India. The legal system in every society has its own nature, so had Islam its system known as FIQH. Islamic law is not purely legal in stricter sense of the term, rather it embraces all spheres of life – ethical, religious, political and economic. Alongside the term FIQH, the term Shria was also current among early Muslims. Shriat was used to carry the specific meaning ie. the law of Islam and embraces in its orbit all human actions. The Prophet, while laying down law primarily considered the value and spirit of action; and not the form of action itself. What was significant in this case was the obedience to the Divine Commandments. After the death of the Prophet, his companions came into power and they interpreted the commandments in their own way and all such interpretations became law. So according to the classical legal theory in Islam, there are the sources as Quran, The Sunnah, Ijma and Qiyas and there was no codified law as such. The above procedure was followed in Islamic courts. In Muslim period there were laws for all high and low and no man could escape punishment by reason of birth or rank. There were courts called the Darul-Adalat in Districts, regions, provinces and the final was the court of the King/emperor. The courts were held by Qazis and assisted by the Amins. In the court of Qazis, a plaint was filed, then the defense was given and based on the defense provided the case was decided. In Qazis courts, mostly corporal punishment was given. The cases could, however , be withdrawn by the petitioners in settlement with the defendant.

British Period: The Mohammedan period was followed by the British ,. The procedure laid down by the British exists even today. They codified laws in Indian Penal Code, Cr.P.C. Code, C>P>C> Code, Evidence Act, Contract Act etc.,The courts were situated in local areas, called Local Courts. Then there were District Courts, High Courts, Federal Court (Now Supreme Court. The Supreme Court is the highest court of appeal. It has also original jurisdiction in certain cases. The procedure followed is the same. There is a petitioner, defendant, arguments and judgment. The procedure is however, not time bound and the cases are pending even for decades. In certain High Courts. one day was fixed for dealing with older cases which were more than 20 years old. This proves the dictum justice delayed justice denied and requires to be reformed.

The kingdom of Cambodia leaves nothing to the imagination; itsâ?? captivating landscapes, omnipresent religious fervour and rich cultural history are just some of the elements that are responsible for its magic. This is the land of gods, temples and the Angkor Wat. Always chaotic but never anything less than intriguing, itâ??s easy to understand why this charismatic venue has continued to mesmerize the world.

With rice heavy paddy fields stretching across the horizon and its ever welcoming populaceâ??s beaming smiles it is easily one of the friendliest locales in Asia with a revitalized look, feel and attitude towards the future. A happy compilation of all that Asia has to offer Cambodia gives visitors pristine beaches, wild and remote ancient forests, a scintillating food culture and idyllic temples in lush settings.

Phnom Penh is one such pleasant concoction. Exotic to the core and ever-growing, the city is well-known for its profusion of monks, resplendent palaces and the Mekong river beds. But to experience Phnom Penh is to stroll down one of its local markets where culture, personality and the best bargains are found in abundance. The Russian Markets in Phnom Penh are popular with locals and tourists alike for this very reason. Situated along the southern quarter of the city this bustling market place derives its name from the many Russian expats who made their home in the locale, in the 80â??s.

Visitor will be bombarded with such a variety of goods that range from home ware, furnishings, gems, jewels, books, traditional handicrafts, shoes, clothes, music, handmade silks and even backpacks. A bargain hunterâ??s dream come true, the Russian Markets also offer branded goods from nearby garment factories at affordable rates.

A veritable treasure trove for art lovers, authentic antique carvings and newly made traditional figurines share the shelve space at the markets. Providing a much needed platform for local artisans to display their wares, you will find delicate carvings brought all the way from Rottana Kiri and Mondol Kiri as well. The stalls along the Russian Markets are especially stock full of local art during the ‘Water Festival’ which takes place annually in November. Other objects d’art on sale include silverware, stone carvings and old Indochinese currency in the form of coins and notes while ritualistic objects and custom made jewellery are also available.

Hand-woven silks can also be bought at reasonable rates while the other top sellers in the market include the scrumptious food and refreshments that are also abundantly available throughout the market place. Renowned for their mouth-watering culinary delights guests will be amiss if they did not try the local delicacies on hand.

The Raffles Hotel Le Royal is perfect for discerning travellers who are on the lookout for a charming hotel in Phnom Penh. A gem among many, this captivating rest is a popular choice among tourists when it comes to a luxury hotel Phnom Penh. With a number of tourist attractions to explore in the city, this hotel offers guestsâ?? accommodation options with world class amenities ensuring that travellers to this part of the world leave with nothing but fond memories.

Copper was discovered over 10,000 years ago, according to some sources. Copper artifacts from the ancient Babylonian civilizations date back to 8700 BC. In fact, this particular item – a copper pendant – predates the earliest gold jewelry by about 4700 years! Other sources claim that copper discovery is much more recent – about 6000 years ago, and in Egypt. While the initial uses of copper were limited to crude tools and implements, the beauty of this warm rose colored metal was not lost on the inhabitants of the ancient worlds, and copper jewelry was soon born. Ancient Egyptians wore copper ornaments and jewelry as a mark of high status in society. Greek civilizations of old developed techniques to smelt copper ore and form ingots on Crete. In more recent times, the copper jewelry from the 50s is particularly striking and beautiful. The love affair with copper jewelry continues today. The warm red hues of copper, and the ease with which this metal can be fashioned into intricate shapes and curves, has made it quite popular for fashion jewelry today.

It is noteworthy to examine the use of copper in today’s fashion jewelry. By definition, fashion jewelry must be affordable and trendy. With the focus on teens and young adults, the metal used to create the settings, as well as the focal stones used to adorn the finished piece must be affordable. Copper fits this bill perfectly, especially in the current economic crisis. Gold costs over US$700 an ounce. In stark contrast, copper costs less than US$ a pound! So by combining inexpensive copper with an opaque stone such as onyx or carnelian, jewelry designers are able to create beautiful works of art that are quite affordable for their target audiences – teenagers and the 20-something to 30-something ground. Twenty dollars buys you a beautiful copper pendant or a copper bracelet. At this price, even teenagers can afford to buy multiple pieces to match the various outfits in their wardrobes. In many ways, the global economic crisis of today has led to the resurgence of copper in fashion jewelry. Age-old techniques of modifying the appearance and characteristics of copper are also making a comeback. Jewelers are now advertising “white copper” jewelry. White copper is actually an alloy of about 75 percent copper and 25 percent nickel. In some cases, a combination of zinc and nickel is used. Other minor additives include manganese and iron. These additives improve the strength characteristics of copper. Thus, jewelers can now supply items with the appearance of silver or even platinum, without the high price of these precious metals. White copper is sometimes referred to as “German Silver”.

The medicinal use of copper has been touted though the ages. The most common claim is that wearing a copper object next to the skin will relieve aches and pains such as those caused by advanced arthritis. Drawn by the idea of not having to swallow chemical pain relievers, arthritis sufferers the world over have flocked to buy copper jewelry as a means of pain control! There are literally thousands of websites selling “medical” copper bracelets. Unfortunately, there is little medical and scientific proof to support these claims. Responsible sellers are good at pointing out these myths, and stress the sale of copper jewelry for costume purposes only, with no medical claims attached. Unscrupulous quacks and charlatans however, continue to dupe pain sufferers into believing that their copper jewelry is the cure-all for their problems.