cover image: Tagore Law Lectures  1905. The Mimansa Rules of Interpretation as applied to Hindu Law

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Tagore Law Lectures 1905. The Mimansa Rules of Interpretation as applied to Hindu Law

1909

The rules of interpretation found in the Hindu Law occur in Hindu Law-books either incidentally in connection with the treatment of the substantive law on the lines adopted by particular writers or purport expressly to be the reproduction of some one or other of the Mima. nsa principles of interpretation. [...] The utility of the presumptions of the sub- stantive law in matters of interpretation :— Principles underlying Smriti texts—Jaimini Sutras are not altogether silent of civil law—The three great presumptions of the substanti-Ve Smriti law—the maxim of the three-debts- the three presumptions relied upon by digest writers — the great influence of the three debts—the pervading influence of the family [...] The disquisitions of the MimAnsa 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 other. [...] Let the Heads of the family, or the chief of the society, or the inhabitants of the city or of the village, select an umpire approved by both parties. "' This was a stage in which the law was forming, their seeds being in the Srutis, which were then as even now regarded as the fountain head of all law. [...] From the award of the `Puga' or assembly, an appeal lies according to the statutes of the Hindu Law, to the tribunal of the 'Prad Vivaka' or Judges; and finally to the court of the Raja, or Sovereign Prince. " It would seem that the King's court is to be assis- ted by learned Brahmins as assessors.
law
Pages
583
Published in
India
SARF Document ID
sarf.100014
Segment Pages Author Actions
Cover
i-iv Kisori Sarkar view
Frontmatter
i-xiv Kisori Sarkar view
The Introductory Lecture
1-76 Kisori Sarkar view
Lecture II. The General Principles of Mimansa Interpretation
77-168 Kisori Sarkar view
Lecture III. General Mimansa principles regarding the application of texts
169-222 Kisori Sarkar view
Lecture IV. Mimansa rules specially regarding the Smritis and Usages
223-266 Kisori Sarkar view
Lecture V. The Mimansa Nyayas or the Specific Principles of Mimansa Called Nyavas (Maxims)
267-312 Kisori Sarkar view
Lecture VI. Maxims Relating to Negative Rules and Cases of Conflict and also Certain Miscellaneous Maxims
313-350 Kisori Sarkar view
Lecture VII. Certain Principles of Interpretation of Common Knowledge or the Popular Maxims
351-382 Kisori Sarkar view
Lecture VIII. The Mimansa Rules of Interpretation as Applied to and as Applied by Digest Writers
383-416 Kisori Sarkar view
Lecture IX
417-440 Kisori Sarkar view
Lecture X
441-466 Kisori Sarkar view
Lecture XI. Resemblance or Otherwise Between the Hindu Legal Maxims and Principles of Interpretation and Those of the Modern European Law
467-492 Kisori Sarkar view
Lecture XII. A Summary of Hindu Jurisprudence and of Mimansa Philosophy and Literature
493-522 Kisori Sarkar view
Lecture XIII. A Resume
523-529 Kisori Sarkar view
Index
i-xxxvi Kisori Sarkar view

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