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Vyavaharamala: a text on Indian jurisprudence

by P. V. Rajee | 2008 | 63,341 words

This essay is an English study on the Vyavaharamala: a text on Indian jurisprudence from the 16th century. It covers aspects of such as individual legal procedures and societal welfare, thus reflecting the judiciary principles of ancient ancient Indian society....

Preface

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The Sanskrit contribution in main stream of the world classic literature is of great significance. A few of the valuable works in classic Sanskrit literature published by certain research scholars and literary reformers which adorned various libraries all over the world. Vyavaharamala is a text work which contains several parts of jurisprudence, which is the various laws and justice of the Indian culture and civilization. Its breadth and depth have not yet been measured or revealed fully by anybody in this modern world. Though it is a difficult task, I would like to try to highlight the gravity of Vyavaharamala which reveals the judiciary consists of Indian society. I hope it will make a positive influence on the readers to same degree. Vyavaharamala is a special foot-print of contribution to modern judicial system from ancient Indian judiciary through the medieval. The works like Vyavaharamala is concerned about individual legal procedures. But the laws are arranged in

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ii accordance with social welfare. The Nitisastras are only concerned with morality, customs and righteousness. But law is concerned with all activities of society and its members and with sovereign power. It was in Colonel Monroe's time new type of courts and regulations came in to force in the states of Travencore and Cochin. Before that the whole of Kerala, law disputes were many years based on the collections of Srimulam language series (srimulam bhasa granthavali). Especially ninth book named the Vyavaharamala. Though in Sanskrit there are in numerable smrti text, the most noteworthy among them are manusmrti, Yajnavalkyasmrti and Parasarasmrti. The new importance of Yajnavalkyasmrti lies in the notable commentary of Vijnaneswarayogi. In the same manner the importance of Parasarasmrti may be attributed to the Parasaramadhaviya of Madhavacarya. Hence there is no dispute that the composition of

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iii Vyavaharamala is after fourteenth century A.D. it was due to the spurt of words and the strenuous efforts of Manu, Yajnavalkya that the Vyavaharamala has been created in its present form. Since this work has not received popularity, in foreign countries it may be assumed to be the dire efforts of Keralites. The basic text may be about 500 years old, while its commander may be 200 years old. About the translation the references in oral tradition by Manu, Hari, Yajnavlkya etc. kottayam Nettassery Godavarmanunnyatiri mentions that the grandha mainly in oral tradition and conversation inevitably the efforts of Hari, Manu etc. Western system of jurisprudence was being introduced in to the Kerala legal system at that time The present work entitled Vyavaharamala- A text on Indian jurisprudence is an attempt to high-light the various laws and its importance in the modern world. Most of contemporary thinkers like Swami Vivekananda, Mahatma Gandhi etc have made some

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iv remarks on the social or moral principles laid down by Smrtikaras. I am happy to place before the readers this present creation Vyavaharamala. This book contains many a serious topics on Dharmasastra. Vyavaharamala included the concepts of Dharma and Laws which are carried a main role of the welfare of the society. Since the text of Vyavaharamala printed in early period. The text is not available. For easy availability to the readers, I have produced it as Appendix. I have incurred many debts of gratitude during my research work. First of all, I express my deep gratitude to Prof. P.C. Muraleemadhavan, who gave me valuable guidance for the preparation of this thesis. This topic suggested and provided by him and gave many useful and constructive suggestions and guidance, help me to complete the work in time. Especially I thank to Justice K. Sreedhara Warriar's family and using of their valuable library also helped me to complete my work. Justice K. Sreedharawarriar was the former District-Judge of

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V Thrissur and he contributed many juridical texts and many Sanskrit works I convey my special thanks to sri. P. A. Muhammedunny master helped me the relevant directions during the translation. Miss. Aruna.N. and Latha teacher are also helped me through all over the time for this work. I thank to Director, Manuscript library, Thiruvananthapuram, to collect relevant data from the library. I thank to all teachers and Librarians of Department of Sanskrit, Central Library, University of Calicut and Sree Sankacharya University of Sanskrit, Kalady. I thank my colleges in the department, for helping me in the completion of my research work. Kalady RAJEE. P. V

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