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.
- 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 |