ARTHASHASTRA AND DISPUTE RESOLUTION: A LESSON FROM PAGES OF HISTORY*.

 ARTHASHASTRA AND DISPUTE RESOLUTION: A LESSON FROM PAGES OF HISTORY*.

:Prajval Albuquerque

(Originally published on latestlaws.com)

• Introduction:

I always thought that the art of conflict management as a properly documented science was a modern phenomenon until I came across this masterpiece, " The Arthashastra" by Chanakya and it is here that I found one of the earliest treaties dealing with Conflict management dating back to 350-283 BC. This text may have been probably read by thousands political Analysts, and students of polity and sociology but as students and professionals involved in Dispute REsolution we may have rarely gone through this Book. Hence I  decided to prepare a note on the same.

• How conflict is to be dealt with?  

It must be noted that the Arthashastra is a rule book for the King, therefore, though it prefers Conciliation over other modes of Conflict resolution including that of war as an alternative to settle a dispute. The Arthashastra is primarily targeted towards Foreign Relationships. There is an entire chapter dedicated to Foreign Policy. For the purpose of brevity and importance of Conciliation in modern-day conflict resolution, I shall focus my attention towards Conciliation.

Chanakya says traditionally there are four methods of Dispute resolution: Sama, dana, bheda and danda. Which can be translated into English as:

 1. Adopting a conciliatory approach

2. Placating with gifts,

3. Sowing dissension

4. Use of Force

Each one of these modes is effective in its own way. He has gone further and prescribed thirty different combinations in the use of these four methods in order to effectively resolve a dispute.

• Which method shall be used with whom**?

 In case of dispute with a relative, associate, business partner and where a cordial and a general atmosphere of trust exists, the appropriate methods may be conciliation and Placating with goods.

In case of dispute with employees and labour unions, the ideal methods may be placating with gifts or sowing of dissension among them.
In case of dispute with business rivals, competitors, unreasonable people or with people who might or cannot be brought down to the table then ideal methods may be the sowing of dissension among them or the use of Force.

• Conciliation:

Chanakya while emphasizing the importance of CONCILIATION over other modes of dispute resolution has stated, " It is easier to employ a method earlier in the order than a later one. Placating with gifts is twice as hard as conciliation, sowing dissension three times as hard and use of force four times."  From this, we can conclude that though there are multiple modes to resolve a dispute Conciliation is the most feasible one and must be the first one to be approached, however as illustrated above exceptions to the same do exist as " willingness" forms the crux of resolving any dispute via Conciliation.

As per Arthashastra, there are six kinds of Conciliation:

1.     Praising the merits:- This involves appreciating the conflicting party's**: (i)Personal and Professional history; like his/ his organisations his family's social and academic  contributions, excellent reputation (ii) Personal Qualities (iii) Good nature; (iv) Learning or wealth                                                                                                         

2.     Mutual connections:- This involves extolling common relationship with the conflicting party like common**: blood relations, family connections and friends, past work experience with an organisation, mentor or boss, work ethics and business practices etc.                                                                                                 

3.     Mutual benefits:- Explaining the advantages that will accrue to each of the two parties( one's own side, as well as the side, addressed).                                                

4.     Inducement:- Raising the hopes of the other by pointing out the beneficial results that will accrue to both, if a particular course of action is adopted.                                

5.     Identity of Interests:- Shown by placing oneself at the other's disposal (saying: 'What I am art thou, the wealth that is mine is thine, use it as it pleases thee.')          

6.     Awards and Honours:- Giving a high rank or awarding an honour is also a method of conciliating a potential internal enemy.

• Conclusion:

The Conflict Resolution Mechanism as in Arthashastra is not the ultimate solution or the best mode to resolve a modern-day dispute as it was written centuries ago with relevance to the then existing problems. However, if the elements from this ancient work of wisdom are incorporated in modern day dispute resolution mechanism with appropriate modification then both the parties involved in a dispute and we the professionals and students who form the part of global  Alternate Dispute Resolution community will benefit from the same.    

      

 

 

 

 

 

 

Please note: Though I have used masculine terms, they are solely for the purpose of convenience. The readers are advised to construe them in Gender neutral sense. 

** This portion has been edited to make it relevant to modern day scenario.
^{*This Article primarily relies on the commentary in Kautilya The Arthashastra, published by Penguin Classics. The writer has edited it in order to emphasize its importance and make it relevant to Alternate Dispute resolution in modern times}