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Jolly, Julius [VerfasserIn]
Outlines of an history of the Hindu law of partition, inheritance, and adoption: as contained in the original Sanskrit treatises — Calcutta, 1885

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https://doi.org/10.11588/diglit.49827#0060
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PRINCIPAL SMRITIS.

45

other evidence, which cannot be met by this objection, and Lecture
makes directly in favour of the whole, or at least of a n-
considerable portion, of the now current version of the
Code of Manu.
1. Many of Mann’s legal ruleh have a very archaic Archaic
appearance. This will come out very clearly, as far as fhe of^tT'iaws.
Law of Inheritance is concerned, in the course of these
Lectures. The same observation may be made in regard to
other parts of the Civil Law, the Law of Evidence especially,
and the purely religious commandments of Manu also
belong to a very old order of ideas in many instances. It
may be argued, indeed, that laws and customs might have
changed very slowly in that part of India where the Code
of Manu was composed, and more quickly in other parts
of India. It may be said, further, that Indian law-books
contain a good deal that is conventional, and that a noto-
riously ancient writer like Apastamba professes more radical
views on many subjects than a number of very modern
writers. Still the conclusive character of a great deux
collective evidence of this kind put together cannot be
denied.
2. The great number of old Commentaries on the Code Commen-
of Manu from all parts of India, from Kashmir to Cape ‘ ’
Comorin, and from Bengal to Bombay, proves the early
diffusion of copies of the present version of that work over
the whole Continent of India. All these Commentaries,
which have been noticed in some detail in the first Lecture,
from Medhatithi’s Commentary in the 8th or 9th, down to
Raghavananda’s in the 16th or 17th century, exhibit very
little variation of reading indeed, which shows clearly how
carefully the text in its present version was handed down
from generation to generation.1
3. A text attributed to Brihaspati states that any Brihasfiati
Smriti opposed to the ruling of Manu has no validity. y.’naKat)a'
The Indian commentators refer this statement to the present
Manu-smriti, nor can they be far wrong in doing so. The
metrical Smriti of Brihaspati, as will be shown afterwards,
presupposes the existence of a work ->ery much like the
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1 In some copies of Medhatithi’s Commentary, a large portion of the
8th and 9th books is arranged otherwise than in the current version, and
another portion, including the Clokas treating of the 18 titles of law. is
omitted. See Nelson, Scientific Study, p. 37, note, ante, p. 7. But the
oldest copy which I have seen, an India Office MS. of the 16th century,
contains these important Clokas.
 
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