Action, Intention, and Negligence: Manu and Medhātithi on Mental States and Blame

This paper aims to offer a preliminary explication of the role of and the relation between mental states, action, and blame in Medhātithi’s commentary on the most influential juridical text of the Sanskrit world – the jurisprudential text attributed to Manu. In defining what it means to act and what constitutes engaging in intentional and unintentional action, this paper makes three claims. First, enjoined actions (e.g., sacrifices) require particular mental states to be performed. Notwithstanding the role of mental states in enjoined actions, actions lacking the corresponding mental states can be blameworthy. In fact, unintentional actions (including also actions done intentionally, but under a description that foregoes what renders the conduct sanctionable) can indeed constitute blameworthy conduct. Second, although unintentional action still meets the threshold for constituting blameworthy conduct, mental states generally play an important role regarding the degree of blame assignable to a person. Third, there are several possible rules that make sense of the seemingly inconsistent use and impact of intention throughout Manu’s Code of Laws as Medhātithi’s commentary shows. The paper also sheds light on the relation between intentions and desires according to Medhātithi.