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A Basic Abstraction Of Legal Sophist Dialectics From A Vedic Law Perspective.part1

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By Author: premkumar nadarajan
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Discipline awakens the dormant legal knowledge of
the person; and Vedas considered this as particularly effected by the
mathematical discipline. Hence, there is an assertion of theoretic arithmetic that
it imparts no small aid to our ascent to real being, and that it
liberates us from the wandering and ignorance about a sensible nature.
Geometry too is considered as most instrumental to the knowledge
of the good, when it is not pursued for the sake of practical purposes,
but as the means of ascent to an intelligible essence. Astronomy also is
useful for the purpose of investigating the fabricator of all things,
and contemplating as in most splendid images the ideal world, and its
ineffable cause. And musical notes, when properly studied, is subservient
to dialectic ascent, viz. when from sensible we betake ourselves to the
contemplation of ideal and divine harmony. Unless, however, we thus
employ the mathematical discipline, the study of them is justly
considered by the Vedas as imperfect and useless, and of no worth. For as
the true end ...
... of man according to his philosophy is an assimilation to
divinity, in the greatest perfection of which human nature is capable,
whatever contributes to this is to be ardently pursued; but whatever has
a different tendency, however necessary it may be to the wants and
conveniences of the mere animal life, is comparatively little and vile.
Hence it necessary to pass rapidly from things visible and audible, to
those which are alone seen by the eye of intellect. For the mathematical
sciences, when properly studied, move the inherent knowledge of the soul;
awaken its intelligence; purify its dialectic power; call forth its
essential forms from their dormant retreats; remove that oblivion and
ignorance which are congenial with our birth; and dissolve the bonds
arising from our union with an irrational nature

Dialectic, however, or the vertex of the mathematical sciences,as described by the
Vedas , is that master discipline which
particularly leads us up to an intelligible essence. Of this first of
sciences, which is essentially different from vulgar logic, and is the
same with what Aristotle calls the first philosophy and wisdom, have
largely spoken in the introduction to Vedic legal dialectics. Suffice
it therefore to observe in this place, that dialectic differs from
mathematical science in this, that the latter flows from, and the former
is void of hypothesis. That dialectic has a power of knowing universals;
that it ascends to good and the supreme cause of all; and, that it
considers good as the end of its elevation; but that the mathematical
science, which previously fabricates for itself definite principles, from
which it evinces things consequent to such principles, does not tend to
the principle, but to the conclusion. Hence the Vedas does not expel
mathematical knowledge from the number of the sciences, but asserts it to
be the next in rank to that one science which is the summit of all; nor
does he accuse it as ignorant of its own principles, but considers it as
receiving these from the master science dialectic, and that possessing
them without any demonstration, it demonstrates from these its consequent
propositions.

The Vedic legal scholars, speaking of the power of dialectic,
says that it surrounds all disciplines like a defensive enclosure, and
elevates those that use it to the good itself, and the first unities;
that it purifies the eye of the soul; establishes itself in true beings,
and, the one principle of all things, and ends at last in that which is
no longer hypothetical. The power of dialectic, therefore, being thus
great, and the ends of this path so mighty, it must by no means be
confounded with arguments which are alone conversant with opinion: for
the former is the guardian of sciences, and the passage to it is through
these, but the latter is perfectly destitute of disciplined narrations of legal dialectic discourse.
To which we may add, that the method of reasoning which is founded in
opinion, regards only that which is apparent; but the dialectic method
endeavors to arrive at the one itself, always employing for this purpose
steps of ascent, and at last beautifully ends in the nature of the good.
Very different therefore is it from the merely logical method, which
presides over the demonstrative phantasy, is of a secondary nature, and
is alone pleased with contentious discussions. For the dialectic of Plato
for the most part employs divisions and analyses as primary sciences, and
as imitating the progression of beings from the one, and their conversion
to it again. It likewise sometimes uses definitions and demonstrations,
and prior to these the definitive method, and the divisive prior to this.
On the contrary, the merely logical method, which is solely conversant
with opinion, is deprived of the incontrovertible reasonings of
demonstration.

The following is a specimen of the analytical method of Vedic dialectics.
Of analysis there are three species. For one is an ascent from sensibles
to the first intelligibles; a second is an ascent through things
demonstrated and sub demonstrated, to undemonstrated and immediate
propositions; and a third proceeds from hypothesis to non-hypothetical
principles.

The second species of analysis is as follows: It is necessary to make the
thing investigated the subject of hypothesis; to survey such things as
are prior to it; and to demonstrate these from things posterior,
ascending to such as are prior, till we arrive at the first thing and to
which we give our assent. But beginning from this, we descend
synthetically to the thing investigated. Of this species, the following
is an example from the Vedas. It is inquired if the soul is
immortal; and this being hypothetically admitted, it is inquired in the
next place if it is always moved. This being demonstrated, the next
inquiry is if that which is always moved, is self-moved; and this again
being demonstrated, it is considered whether that which is self-moved is
the principle of motion, and afterwards if the principle is unbegotten.
This then being admitted as a thing acknowledged, and likewise that what
is begotten is incorruptible, the demonstration of the thing proposed is
thus collected. If there is a principle, it is unbegotten and
incorruptible. That which is self-moved is the principle of motion. Soul
is self-moved. Soul therefore (i.e. the rational soul) is incorruptible,
unbegotten, and immortal.

Of the third species of analysis, which proceeds from the hypothetical to
that which is non-hypothetical, the Vedas has given a most profound narrative. For here, taking the Vedic
hypothesis that the one is, it proceeds through an orderly series of
negations, which are not privative of their subjects, but generative of
things which are as it were, their opposites, till it at length takes
away the hypothesis that the one is. For the Vedas denies of it all discourse
and every appellation. And thus evidently denies of it not only that it
is, but even negation. For all things are posterior to the one; viz.
things known, knowledge, and the instruments of knowledge. And thus,
beginning from the hypothetical, he ends in that which is non-hypothetical,
and truly ineffable.

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lecturer at a private learning institution ( UTAR).

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