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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....

2. Nature of Indian jurisprudence

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n (a) Nature of Indian jurisprudence. The jurisprudence as dealt with in the Smrti appears "complete and exhaustive, and includes all branches of law". The law constitutes a code of duties which gave precedence to duties rather than rights. The Smrti literature is called Dh.S. The works of the first period is called Dh.S and is composed in short, cryptic sentences compressing a lot of substances which anables easy memorisation. A few verses that deal with economics, politics, administration, civil and criminal laws, have been interpreted into prose. The writers are Gouthama, Boudhayana, Apasthambha and Vasista. Authors attributed their works to ancient sages and rarely mentioned the events of their own lives. Manu, Yajnavalkya, Parasara, Narada, Brhaspati and Katyayana were famous authorities.

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