Indian tradition offers a distinct philosophical framework for understanding the world and the self, diverging significantly from Western metaphysics and legal thought. One such framework is Advaita Vedanta, a school of Indian philosophy that teaches the essential non-duality (a-dvaita) of existence. Advaita does not merely concern itself with metaphysical abstractions but also carries profound implications for ethics, law, and justice. It proposes a holistic view of reality, where all beings are interconnected and where justice is not a retributive or distributive mechanism, but the realisation of oneness.
This article explores the philosophical foundations of Advaita, its concept of non-duality, the principle of interconnectedness, and how these inform an alternative understanding of justice. It argues that Advaita offers a relational and harmonious view of justice — rooted in oneness, compassion, and recognition of the self in all beings — that could meaningfully complement existing jurisprudential frameworks.
Philosophical Foundation of Advaita Vedanta
1. The Metaphysics of Non-Duality
Advaita Vedanta, as developed by Adi Shankaracharya in the 8th century CE, posits that the true reality is Brahman — an infinite, formless, indivisible consciousness. The individual self (Atman) is not separate from Brahman; rather, it is Brahman. This is expressed in the mahavakya (great saying) of the Upanishads: “Tat Tvam Asi” — That Thou Art.
This doctrine denies the ultimate reality of dualities such as subject-object, self-other, and mind-body. Instead, it maintains that such distinctions arise from Avidya (ignorance) and are superimposed on reality through Maya (illusion). In truth, all multiplicity dissolves into unity.
2. The Self and the World
According to Advaita, all individual selves are essentially one. The separation between “I” and “You” is illusory. This has ethical ramifications — if harming another is akin to harming oneself, then compassion, non-violence (Ahimsa), and truth (Satya) become natural expressions of living in awareness.
This framework challenges the Western Cartesian dualism of self and other, and instead supports a relational ontology — one where inter-being, rather than individual autonomy, forms the moral and legal foundation.
Interconnectedness of All Beings
1. The Unity of Existence
Advaita affirms that the same essence pervades all humans, animals, plants, and even inanimate objects. This interconnectedness is not metaphorical but ontological. Thus, there is no “Other.” This vision can transform how we view rights, duties, and justice.
Such a perspective resonates with the indigenous traditions and ecological jurisprudence, which also emphasise the interdependence of all life forms and the environment.
2. Compassion as an Ethical Principle
Because of the unity of all beings, the ethical consequence in Advaita is Karuna (compassion). Justice, in this model, does not flow from abstract rules or enforcement of laws, but from the awakened realisation of non-difference. A judge or lawgiver who sees all beings as extensions of the self cannot mete out punishment with vengeance, but only with the intention of rehabilitation and restoration.
This ethics of compassion mirrors Gandhian principles of non-violence and truth, and provides a spiritual basis for restorative justice systems.
Justice as Oneness: An Advaitic Perspective
1. What is Justice in Advaita?
Justice in Advaita is not merely Nyaya (judicial decision-making) but Dharma — the natural order sustained by righteousness and truth. It is the realisation of unity amidst diversity. From this perspective, injustice arises when we operate from a sense of separation — when one part of the whole harms another.
Hence, the goal of justice is not just to resolve conflicts but to restore harmony. It is less about adjudicating rights and more about aligning actions with the universal truth of oneness.
2. Law Without Othering
In the Western liberal tradition, justice is often individualistic, grounded in the rights of autonomous persons. In Advaita, justice flows from non-othering. A legal system grounded in Advaita would not seek to punish the wrongdoer as an “other,” but to understand the root of suffering in ignorance and to remove it through compassion and knowledge.
This has significant implications for criminal law, incarceration policies, and even civil disputes. Justice as oneness reframes the adversarial model into a reconciliatory one.
3. Truth (Satya) as the Basis of Law
In Advaita, Satya or truth is not merely factual accuracy but alignment with ultimate reality. Law, to be just, must reflect truth — not the contingent truth of circumstances but the eternal truth of unity. Falsehood and deceit are seen as symptoms of Avidya (ignorance of the self), and therefore, legal structures should aim at awakening, not merely adjudication.
This can influence areas like testimonial evidence, oath-taking, and legal ethics — where truth is not an external standard but a lived experience.
Comparative Reflections: Advaita and Western Jurisprudence
1. Contrast with Liberal Legalism
While Western liberalism is built on the autonomy of the individual and the primacy of rights, Advaita dissolves the individual into the universal. There is no “my right” or “your right” — only what is right according to Dharma. This does not negate personal liberty but embeds it within a web of relations and responsibilities.
2. Natural Law and Advaita
Advaita aligns more with natural law theories than with legal positivism. However, unlike Aquinas or Locke, where natural law derives from God’s will or human reason, in Advaita, Dharma arises from the inherent order of existence (Rta) and can only be realised through inner awakening.
This spiritual anchoring of law challenges secular legal systems but offers a deeper moral compass.
Implications for Legal Theory and Practice
1. Restorative and Transformative Justice
Advaita encourages systems that seek restoration, not retribution. Courts inspired by this vision would focus on healing relationships rather than determining guilt and imposing punishment. Truth-telling, forgiveness, and reconciliation would be central.
Restorative justice models in tribal and indigenous systems across the world, including panchayat justice in India, already reflect this.
2. Environmental and Animal Rights Jurisprudence
If all life is one, environmental degradation is self-harm. This view supports an ecocentric jurisprudence that recognises the rights of rivers, forests, and animals. Indian courts have begun reflecting this in decisions that declare rivers as legal persons or advocate for animal rights.
Advaita provides a philosophical basis for such expansions of the legal subject beyond the human.
3. Legal Education and Ethics
Advaita could reshape legal education to include self-awareness, moral inquiry, and inter-relational ethics. Law schools could teach not just statutes but sadhana (practice), where lawyers see themselves as facilitators of harmony rather than mere technicians of litigation.
Challenges in Operationalising Advaita in Law
While the Advaitic vision is spiritually enriching, its application in a modern legal system is not without challenge. Some concerns include:
- Abstractness: The metaphysical depth of Advaita may seem too abstract for practical lawmaking.
- Plurality of Beliefs: India is a secular and pluralistic society. A legal system overtly based on one philosophical tradition risks alienating others.
- Institutional Frameworks: Courts, prisons, and legal procedures are deeply entrenched in adversarial models, and shifting them to a model based on oneness would require deep institutional reform.
Despite these, Advaita can offer a guiding ideal, much like justice or liberty does in Western systems.
Modern Thinkers and Movements Influenced by Advaita
- Mahatma Gandhi: Gandhi was deeply influenced by Advaita. His emphasis on Ahimsa, truth, and the unity of all religions arose from his Vedantic convictions. His legal and political philosophy was one of moral awakening rather than enforcement.
- Sri Aurobindo: Sri Aurobindo’s Integral Yoga envisioned a society where spiritual realisation guides social and legal institutions. He saw the human being not merely as a rights-bearer but as a spiritual entity evolving towards divine consciousness.
- Constitutional Morality: Though secular, the Indian Constitution resonates with Advaitic values in its Preamble — Justice, Liberty, Equality, and Fraternity. Dr. B.R. Ambedkar’s concept of fraternity — “a sense of common brotherhood of all Indians” — echoes Advaita’s call to realise the self in all beings.
Conclusion
Advaita Vedanta offers a powerful lens through which to rethink justice. Its core message — that all is one — has radical implications for law, ethics, and governance. Justice, from this view, is not enforcement but enlightenment; not separation but unity; not power but compassion.
In a world increasingly torn by polarities — rich and poor, self and other, man and nature — the Advaitic vision reminds us that these distinctions are illusory. To restore justice, we must begin by realising the self in all.
By integrating the spiritual insight of Advaita with the institutional structures of law, we can aspire toward a jurisprudence that is not only just but also wise.
References
[1] Concepts of Vedanta and Their Relevance to Modern Human Development, Available Here
[2] Transcending Dualistic Discourse: Advaita Vedanta’s Non-Dualism as a Paradigm for Global Harmony and Ethical Sustainability, Available Here
[3] Concepts of Vedanta and Their Relevance to Modern Human Development, Available Here