2. The birth of the State
In the non-state (matsya nyaaya) men enjoy (bhoga) but do not own. It is like primitive communist society where everything is accessed by everyone that includes conjugal relationship. The concept of property is unknown in this non-state.
The addition of mamakaara (mineness or ownership) makes this into a state. The mamakaaram or property is secured by dhanda or weapon that causes bhaya or fear. Fear forbids enchroachment. So the bhandham or attachment to the property is called laukika. This is the basis of civil society.
The weilder of dhanda enforces ownership by means of pronouncements or dictum. In those early days Manu said, “the land belongs to the one who cleared the forest and the deer to him who first wounded it.” This is the beginning of the law. And dhanda creates sacredness in the property. The dhanda takes the fear out of men that their property will not be divested by vile men. The dhanda creates security. This is the principle of civil society.
In matsya nyaaya dharma is non-existent for dharma is identical to the law. Matsya nyaaya is anarchy. Dharma comes into existence with the birth of the state i.e. dhanda. In the Hindu concept Dharma is held higher to the dhanda. Kshathrasya kshathram dharmam is the vedic dictum. Dharma holds the weilder of weapons accountable.
(to be continued..)