DOI Seite / Zitierlink:
https://doi.org/10.11588/diglit.49827#0045
Smriti and
Smritis.
NEW MATERIALS FOR A HISTORICAL STUDY OF HINDU LAW.
——
2. THE PRINCIPAL SMRITIS.
Smriti and Smritis.—The other sources of law — Puranas — The Veda—Cus-
tomary law—Administration of justice in the Native Courts — The Smriti-
cliandrika. on local usage — References to custom in the Smritis — Im-
poUatice ,of the Smritis—Recent progress of their study — The Dharma-
sutras—Apastamba— Baudhayana, Vasislitlia, Gautama, Vishnu—Where
composed — Constitution and activity of the Schools — Relation to the Vedas
— Rise of the metrical Smritis — Their posteriority to the Dharmasutras —
Various opinions regarding the age of Manu—Manu’s reputation as a legislator
— Different recensions of his Code — Archaic character of its laws — Com-
mentaries— Brihaspati and Katyayana — Introduction toNarada — Burmese
law-books — The Manavas — Sources of Manu — Yajnavalkya — Narada.
In the present Lecture I propose to examine the new
materials which have recently come to light for a critical
study of the principal law-codes of ancient India. These
works, as you are aware, are usually called Smritis, and
as a body are called by the collective name of Smriti
or recollection, tradition. The Smriti has long been consi-
dered as the principal source of the sacred law (Dharma),
and is viewed in that light by the Pandits even now,
though as regakls Civil Law it has been entirely superseded
since the last century by the teaching of the Commentaries
and Digests. The Digest of Jagannatha, which was com-
posed at the desire of Sir W. Jones in the second half of
the last century, terminates the series of authoritative
Digests recognized by the Courts. Down to the time of
Jagannatha, however, any learned Pandit might propose
a new Vyavastha or adjustment of contradictory passages
in different codes of law, and set forth his qpinions in a
new composition, which in course of time might become a
work of authority.
Smritis.
NEW MATERIALS FOR A HISTORICAL STUDY OF HINDU LAW.
——
2. THE PRINCIPAL SMRITIS.
Smriti and Smritis.—The other sources of law — Puranas — The Veda—Cus-
tomary law—Administration of justice in the Native Courts — The Smriti-
cliandrika. on local usage — References to custom in the Smritis — Im-
poUatice ,of the Smritis—Recent progress of their study — The Dharma-
sutras—Apastamba— Baudhayana, Vasislitlia, Gautama, Vishnu—Where
composed — Constitution and activity of the Schools — Relation to the Vedas
— Rise of the metrical Smritis — Their posteriority to the Dharmasutras —
Various opinions regarding the age of Manu—Manu’s reputation as a legislator
— Different recensions of his Code — Archaic character of its laws — Com-
mentaries— Brihaspati and Katyayana — Introduction toNarada — Burmese
law-books — The Manavas — Sources of Manu — Yajnavalkya — Narada.
In the present Lecture I propose to examine the new
materials which have recently come to light for a critical
study of the principal law-codes of ancient India. These
works, as you are aware, are usually called Smritis, and
as a body are called by the collective name of Smriti
or recollection, tradition. The Smriti has long been consi-
dered as the principal source of the sacred law (Dharma),
and is viewed in that light by the Pandits even now,
though as regakls Civil Law it has been entirely superseded
since the last century by the teaching of the Commentaries
and Digests. The Digest of Jagannatha, which was com-
posed at the desire of Sir W. Jones in the second half of
the last century, terminates the series of authoritative
Digests recognized by the Courts. Down to the time of
Jagannatha, however, any learned Pandit might propose
a new Vyavastha or adjustment of contradictory passages
in different codes of law, and set forth his qpinions in a
new composition, which in course of time might become a
work of authority.