The Uncodified Nature of Dharma and the Multiplicity of Smritis: Historical Challenges of Legal Uncertainty and Their Modern Implications

The Uncodified Nature of Dharma and the Multiplicity of Smritis: Historical Challenges of Legal Uncertainty and Their Modern Implications

Author and Co-Author

Author: Mr. Sudeep Sarwan
Designation: Assistant Professor
Affiliation: Govt. J. Yoganandam Chhattisgarh College, Raipur

Co-Author: Suryalata Jain
Designation: Student
Affiliation: Govt. J. Yoganandam Chhattisgarh College, Raipur

Abstract: This paper examines the ancient Indian legal tradition of Dharma and the multiple Smrti texts (Dharmaśāstras) in lieu of a single codified law. We show that dharma was a broad concept of right conduct and social duty rather than a modern secular “law,” encompassing moral, religious, and customary obligations[1][2]. Multiple Smritis (Manu, Yājñavalkya, Nārada, etc.) coexisted because ancient society was plural and lacked centralized legislation. As Viramitrodaya and later commentators note, each text largely codified the ācāra (accepted customs) of particular communities[3][4]. Conflicts among Dharmasūtras were resolved through an authoritative hierarchy (Veda > Smriti > ācāra), interpretative principles (treating conflicting rules as alternative options), and reliance on local usage[5][2]. Although Western scholars have often viewed this diversity as “uncertain” law[6], our analysis shows that in practice it was a coherent plural system: what was dharma for one person or community could legitimately differ from that of another[2][5]. We draw parallels with modern legal pluralism (e.g. personal laws, customary laws, and pluralistic jurisdictions) and argue that the Indian experience suggests caution in equating codification with certainty. Key lessons include recognizing the value of local norms and flexible interpretation, and viewing law as evolving from lived practice rather than solely state command. Our comparative analysis - drawing on legal positivism, natural law, and legal realism - reveals that ancient Indian jurists effectively managed plural sources of normativity, offering insights for contemporary systems grappling with diversity and codification.

Keywords: Dharma; Dharmaśāstra; Smṛti; Legal Pluralism; Ācāra (Customary Law); Ancient Indian Jurisprudence; Manusmṛti; Yājñavalkya Smṛti; Nārada Smṛti; Legal Uncertainty; Natural Law; Legal Positivism; Customary Law; Judicial Interpretation; Comparative Legal Systems; Personal Law; Normative Pluralism; Indigenous Legal Traditions; Codification vs Flexibility