Essay name: Vyavaharamala: a text on Indian jurisprudence
Author:
P. V. Rajee
Affiliation: Sree Sankaracharya University of Sanskrit / Department of Sanskrit Sahitya
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.
Chapter 1 - Introduction
14 (of 41)
External source: Shodhganga (Repository of Indian theses)
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14
Veda, Smrti, Purana,Nibandha are the source of ancient law.
The Vedic age may be placed between 2000 B.C and 1000
B.C, the age of the Smṛtis commenced from about 1000 B.C or
800 B.C and continued up to 8th century A.D, and the Smṛti age is
divided into two broad periods, one from 800 B.C to 100 B.C.
and the other from 100 B.C to 800 A.D."
14 The ancient law can be divided in two parts-one of them is
religious texts, and others are Smrtis, Dharmasastrās and
commentaries. These are special dealings in civil and criminal
laws. Yaj. States that srutis and smrtis are the source of law. Sruti
means Vedas. Smṛti means Dharmaśāstrās.
Sruti is the supreme source of authority of Vyavahāra for
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the following reasons- (1) Sruti was the supreme authority and
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origin of law. The Sāstrās and Smṛtis profess to bow down to the
authority of the Vedas even when they were actually departing
from the theories enunciated by them. Inheritance is one of the
most important sections of law found in the Srutis and Smṛtis.
24 Outlines of ancient Hindu jurisprudence-M.S.Pandit tripathi-page-7
