DOI Seite / Zitierlink:
https://doi.org/10.11588/diglit.39769#0035
THE INTRODUCTORY LECTURE.
sacred texts and law of the Hindus do exist cannot be
disputed, although those • rules * have been frequently
overlooked of not referred to by Judges or English text*
writers, probably because they are in Sanskrit and have,
so far as. I am aware, not yet been translated. ( That
they are rules of the highest authority is obvious from
the manner in which they have been referred to by 'Mr.
Colebrooke.’'1
Mr. Colebrooke treats of the Mimansa Aphorisihs in
one of his Miscellaneous Essays, Vol. I. The following
short extract from this Essay will show the high* import-
ance he attaches to the Mimansi Aphorisms ‘as regards
the interpretation of the Hindu Law:—
“A case is proposed either specified in Jaimini’s
text or supplied by his scholiasts. Upon this a doubt.or
question is raised, and a solution of it is suggested^, which
is refuted and a right Conclusion established in its stead.
The disquisitions of the Mimans& bear, therefore, a cer-
tain resemblance to judicial questions; and, in fact, the
Hindu Law being blended with the religion of the people
the same modes of reasoning are applicable, and are
applied to the one as to the bther. The logic of the Mi-
mansa is the logic of the law—the rule of interpretation
of civil and religious ordinances. Each case is examined
and determined upon general principles; and from the
cases decided, the principles may be collected. A well
ordered arrangement of them would constitute the philo-
sophy of the law, and this is, in truth, what has been
attempted in the Mimansa.”2 »
Prof. Max Muller in his book on the Six Systems of
1 I. L. R. 14 All. p. 70.
2 Colebiooke's Miscellaneous Essays, Vol. I, p. 342. ,
Mr. Cole-
brooke on
Mimans&,
s
sacred texts and law of the Hindus do exist cannot be
disputed, although those • rules * have been frequently
overlooked of not referred to by Judges or English text*
writers, probably because they are in Sanskrit and have,
so far as. I am aware, not yet been translated. ( That
they are rules of the highest authority is obvious from
the manner in which they have been referred to by 'Mr.
Colebrooke.’'1
Mr. Colebrooke treats of the Mimansa Aphorisihs in
one of his Miscellaneous Essays, Vol. I. The following
short extract from this Essay will show the high* import-
ance he attaches to the Mimansi Aphorisms ‘as regards
the interpretation of the Hindu Law:—
“A case is proposed either specified in Jaimini’s
text or supplied by his scholiasts. Upon this a doubt.or
question is raised, and a solution of it is suggested^, which
is refuted and a right Conclusion established in its stead.
The disquisitions of the Mimans& bear, therefore, a cer-
tain resemblance to judicial questions; and, in fact, the
Hindu Law being blended with the religion of the people
the same modes of reasoning are applicable, and are
applied to the one as to the bther. The logic of the Mi-
mansa is the logic of the law—the rule of interpretation
of civil and religious ordinances. Each case is examined
and determined upon general principles; and from the
cases decided, the principles may be collected. A well
ordered arrangement of them would constitute the philo-
sophy of the law, and this is, in truth, what has been
attempted in the Mimansa.”2 »
Prof. Max Muller in his book on the Six Systems of
1 I. L. R. 14 All. p. 70.
2 Colebiooke's Miscellaneous Essays, Vol. I, p. 342. ,
Mr. Cole-
brooke on
Mimans&,
s