DOI Page / Citation link:
https://doi.org/10.11588/diglit.52452#0043
RULES OF PROCEDURE.
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first of all; then the title of law must be ascertained ;
thereupon follows the cure ; and the decision comes
at the end. These are the four parts of a trial.
37. Avoiding carefully the violation of either the
sacred law or the dictates of prudence, he should
conduct the trial attentively and skilfully.
38. As a huntsman traces the vestiges of wounded
deer in a thicket by the drops of blood, even so let
him trace justice.
* 39- Where the rules of sacred law and the dic-
tates of prudence are at variance, he must discard
the dictates of prudence and follow the rules of
sacred law.
40. When it is impossible to act up to the pre-
cepts of sacred law, it becomes necessary to adopt
a method founded on reasoning, because custom
decides everything and overrules the sacred law.
41. Divine law has a subtile nature, and is occult
be cured like an illness, by carrying it through the four parts of
a judicial proceeding. A.
38. As deer in a thick forest is difficult to catch, even so justice
is difficult of attainment. A huntsman traces the game by following
up the drops of blood to the spot, though the soil may be covered
by thick grass, where the wounded deer is seen by him. Similarly a
king, following the course of the lawsuit, traces law to the point
where justice shines forth clearly. A. Manu VIII, 44.
39. Yag/zavalkya II, 21.
40. According to A., this verse inculcates the superiority of
custom to written law. Thus both the practice of raising offspring
to a deceased or disabled brother, and the remarriage of widows
(see twelfth title of law) are specially sanctioned in the sacred law-
books. Yet these two customs are opposed to established practice.
Therefore subtle ratiocination is required. A. quotes a verse to
the effect that the immemorial usages of every province, which have
been handed down from generation to generation, can never be over-
ruled by a rule of the sacred law. Vasish/Zza XVI, 4; Gautama XI, 23.
41. ‘The visible path’ means either ratiocination founded on
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first of all; then the title of law must be ascertained ;
thereupon follows the cure ; and the decision comes
at the end. These are the four parts of a trial.
37. Avoiding carefully the violation of either the
sacred law or the dictates of prudence, he should
conduct the trial attentively and skilfully.
38. As a huntsman traces the vestiges of wounded
deer in a thicket by the drops of blood, even so let
him trace justice.
* 39- Where the rules of sacred law and the dic-
tates of prudence are at variance, he must discard
the dictates of prudence and follow the rules of
sacred law.
40. When it is impossible to act up to the pre-
cepts of sacred law, it becomes necessary to adopt
a method founded on reasoning, because custom
decides everything and overrules the sacred law.
41. Divine law has a subtile nature, and is occult
be cured like an illness, by carrying it through the four parts of
a judicial proceeding. A.
38. As deer in a thick forest is difficult to catch, even so justice
is difficult of attainment. A huntsman traces the game by following
up the drops of blood to the spot, though the soil may be covered
by thick grass, where the wounded deer is seen by him. Similarly a
king, following the course of the lawsuit, traces law to the point
where justice shines forth clearly. A. Manu VIII, 44.
39. Yag/zavalkya II, 21.
40. According to A., this verse inculcates the superiority of
custom to written law. Thus both the practice of raising offspring
to a deceased or disabled brother, and the remarriage of widows
(see twelfth title of law) are specially sanctioned in the sacred law-
books. Yet these two customs are opposed to established practice.
Therefore subtle ratiocination is required. A. quotes a verse to
the effect that the immemorial usages of every province, which have
been handed down from generation to generation, can never be over-
ruled by a rule of the sacred law. Vasish/Zza XVI, 4; Gautama XI, 23.
41. ‘The visible path’ means either ratiocination founded on