Dharmasastra
in Greater India
Ancient Roots of Indigenous Law
Sunil Sondhi
Tagore National Fellow
Indira Gandhi National Center for the Arts
The idea
that justice and good conscience must prevail over law reflects the notion of
superiority of higher moral law over the limitations of man-made law. In India
this is rooted in the fundamental Vedic principle that there is connection
between the form and the formless, mundane and the divine, the means and the
ends. As the Rig Veda says,
amidst the undifferentiated source, great warmth of creation was born; and the
sages who searched in the far reaches of their mind discovered the umbilical
connection of manifest with the unmanifest.[1]
This
holistic, creative and contextual view of Dharma and Dharmasastra is also
evident in the countries which were influenced by the Indian Dharmasastra
tradition. In Indonesia, Vietnam and Cambodia, the Dharmasastra tradition was
accepted largely in its original form, although as the Kutara Manava
Dharmasastra of Java shows, some modifications were made. In Tibet, Burma,
Thailand, and Ceylon, the indigenous texts were an attempt to use the Indian
tradition as a model in an environment entirely given over to the Buddhist
faith.
They
retained the textual classification of contentious matters into Vyavaharapada
or eighteen types; but the content of the texts was very much a matter of local
rules. Thus, the Dharmasastra were not transplanted in other countries by the
force of arms; rather, these were accepted as a guide to form and sustain
indigenous traditions of ethics and law.[2]
On the basis of the considerable evidence from
ephigraphical, and textual sources, it is possible to suggest that by the time
Indian-inspired temples, statues and epigraphy appeared in Southeast Asia,
sometime between the third and the fifth century CE, the relationship between
Southeast Asian and Indian societies had probably already come a very long way
through mutual interaction and awareness of the universal nature of India’s
knowledge tradition.
The Dharmasastra
texts are the products of different and widely separated ages from around 500
B.C. to 500 A.D.[4]
A few of them are very ancient and were composed more than two thousand five
hundred years ago. Such are the Dharmasutras
of Gautama, Apastamba, and Baudhayana, and the Manusmrti. These were
followed by such Dharmasastra texts
as the those of Yajnavalkya,
Parasara, Narada. All these smrtis are not equal in authority. If we are to
judge of the authority of a text by the commentaries thereon, then the Manusmrti stands pre-eminent. Next to it
is the Yajnavalkyasmrti. [5]
In this context, the relationship of Dharmasastra with the epics, Arthasastra and the Nitisastra needs to be understood. The Mahabharata, Arthasastra
and Nitisastra which are also
concerned with the rights and responsibilities of the ruler and the ruled may
be seen as connected and supplementary texts of Dharmasastra. While works on Arthasastra
and Nitisastra enter into great
details about governance in all its aspects, Dharmasastra texts and Mahabharata
generally deal, in part, with salient features of governance essential for
protecting dharma. [6]
Ramayana and
Mahabharata has been found to have hundreds of
verses that refer to the principles of Rajdharma
which is part of the Dharmasastras, Nitisastras, Dandaniti and other works.[7]
Though Arthasastra and Dharmasastra are often considered
separately on account of the difference of the two sastras in ideals and in the
methods adopted to reach them, Arthasastra
may be seen as a branch of Dharmasastra
as the former deals primarily with the responsibilities of kings for whom rules
are laid down in the Dharmasastra.[8]
The terms Arthasastra
and Nitisastra are applied to the
study of government from two different points of view. When wealth and
prosperity of all kinds is the spring and motive, the science treating these is
called Arthasastra. Nitisastra prescribe means whereby
people are prevented from leaving the right path. The Nitisasra of Kamandaka
acknowledges its debt to Arthasastra.
The Pancatantra holds that Arthasastra
and Nitisastra are synonymous. The
Mitaksara commentary on Yajnavalkyasmrti
remarks that the Arthasastra referred
to by Yajnavalkya is Rajanitisastra that is part and parcel
of Dharmasastra.[9]
There is little doubt that there seem to be diversity
of doctrines between and within the Dharmasastra.
These apparent contradictions result from a misunderstanding of different
meanings of Dharma. The contextuality of Dharma makes it possible to state a
series of different rules, for different places and times for the same person.
For instance, false evidence given by a witness can lead him to darkness of
hell.[10] Sometimes, false evidence becomes a divine
assertion.[11]
Similarly, he who commits violence is regarded as the worst offender,[12]
but the one who strikes in the cause of right incurs no sin.[13]
Also, one should forsake wealth and desires, if it violates Dharma, but even Dharma if it is
inhumane or may cause suffering in future.[14]
Dharmasastra is to be obeyed for the
sake of human wellbeing not for its own sake.
In view of such contextual differences in the
application of Dharma, rational
interpretation of Dharmasastra is suggested.
Manusmriti says that if a man
explores, by reason, the Vedic teaching regarding Dharma, he alone, and no other, understands Dharma.[15]
Brihaspatismriti categorically rules
that if a decision is arrived at without reasoning and considering the
circumstances of the case, there is violation of dharma.[16]
Naradasmriti says that it becomes
necessary to a adopt a method founded on reasoning, because social context
decides everything and overrides the sacred law.[17]
Arthasastra also says that if sastra
comes in conflict with any rational and equitable ruling then the latter shall
be the deciding factor beyond the letter of the text.[18]
Dharmasastra is not a closed discourse
that has no place for correction, adaptation, or innovation on contextual and
rational basis. Rather, openness, creativity and an adaptive response to
emergent social problems and circumstances is built into the very structure of
not only Dharmasastra but also Arthasastra and Nitisastra. Multiplicity and contingent nature of views expressed
in different Dharmashastras helped
contextual application of plurality-conscious universalistic principles. The Dharmasastras are essentially "rules
of interdependence" founded on diversity and unity corresponding to the
nature of things and necessary for the maintenance of the cosmic and social
order.[19]
The Dharmasastras have exercised deep influence on the development of indigenous
law in Burma, Thailand, Tibet, Ceylon, Indonesia, and Cambodia, which remained
visible in their legislation till the modern times. In all these countries, the
name of Manu has been associated, as in India, with the origin of the law.[20]
Burmese legal scholars have followed the Dhammasattha and attempted to trace the
legal development of Burma beginning from the first Manu Dammasattha (Dharmasastra)
written at the time when this world emerged according to Burmese mythical tales
and stories. Among the Burmese Dammasatthas,
the Manu Dammasattha is the first of around
forty Dammasatthas. Throughout
Burmese history, the Dammasatthas are
the fundamental sources of laws. In the introduction of Manu Dammasattha, the foundation of the source of law in Burma is described:
When
this universe had reached the period of firmly established continuancy, the
original inhabitants of this world conjointly entreated the great king Mahasamanta
to become their ruler. King Mahasamanta governed the world with righteousness.
Now the king had a wise nobleman called Manu, who was well versed in the law.
This nobleman called Manu, desiring the good of all human beings, and being
also opportuned by King Mahasamanta, rose into the expanse of heaven, and
having arrived at the boundary wall of the world, he there saw the natural law,
Dammasattha, he committed them to memory and having returned, communicated the
same to the King Mahasammata, stating eighteen branches of law.[21]
Burmese
law existed for long without much break and changes but steadily preserved the
spirit of Dammasatthas. This view was supported by the Letters Patent of the
appointment of judges in the last days of Burmese monarchs in 1885 as given
below:
Wagaru Dhammsattha shows its Indian origin right
from beginning, by the mythical introduction about the first creator, Manu, who
is here transformed into a sage advisor of King Mahasamanta, who rose to heaven
and saw the law written in characters of the size of a grown-up cow on the
boundary wall of the universe. But these analogies in the Dhammasattha are not restricted to Manusmriti or any other particular Dharmasastra. They extend over Dharmasastras
of the various times, from the Dharmasutras
to the later Smrtis, such as Brhaspritismriti.,
Katyayanasmriti, and also include Mahabharata.[25]
That their authors were inspired by Indian Dharmasastras is beyond doubt, for it is
evidenced by their classification of contentious matters into eighteen types,
corresponding to the eighteen titles of litigation in the Dharmasastras.
It is clear that the
Manu of Dhammasattha has no more than
the name in common with the Manu of the Dharmasastra even though some Dhammasatthas
make out of him a son of Brahma, reincarnated in the person of a hermit.
But it is also evident that the name was not chosen at random. For the
Buddhists, the law of Manu is really the law of the phenomenal world, that
which governs laymen. It is independent of the law which the Buddhists teach to
the world.
Dharmasastras reveal to men the conditions of social interdependence
and welfare, while the law of the Buddha reveals to them the conditions of
salvation. Despite this dichotomy, which has remained one of the characteristic
traits of Buddhist society, the law of the Dhammasatthas, like the law of the Dharmasastras, is above the world which it
rules. Dhammasattha is also bound to
the cosmic order and is therefore free from the will of men, who will live in
peace only so long as they obey its precepts. A king like Mahäsammata himself
could introduce no changes into it, and his role is confined to insuring that
it is respected.
Dhammasatthas were popularised through
prolific production, written most frequently in the vernacular, in which local
traditions held a greater and greater place, and where borrowings from the
Buddhist scriptures became more and more numerous. In this new guise the Dhammasatthas lost their original nature.
All repeat and embellish the story of the marvellous discovery of the text of
the law, and base their precepts on the revelation of the sage Manu. This
literature is abundant and, unlike India, the circulation in public has
proliferated.
There is a list enumerating a hundred Dhammasatthas composed in Burma, and forty
of them still exist.[28]
Like the Dharmasastras, their
chronological succession is uncertain: they copy each other, and also complete
and differ from each other. It is from the totality of them that the rule of
law must be extracted. However, in contrast to the Indian position, the
commentaries of the Dhammasatthas are
mixed with the texts and do not appear as independent works until the modern
period, when the form of doctrinal treatises emerges.
A "digest" has however been compiled at
the request of the British. But up to our own time the Dhammasatthas have
remained the only written law on all questions relating to the personal law of
Burmese Buddhists, even though a project of codification has recently been
mooted.
The Burman kings, like the British authorities,
took care not to legislate in the sphere of the law of Manu and confined
themselves to their role as judges. As in the Hindu system, the precepts of the
Dhammasatthas, while
certainly being authoritative, are not imperative in the manner of the rules of
Dharmasastra.
Among the bodies of
traditional knowledge and learning that came to the Indonesian archipelago from
India in the early centuries of the common era is a complex of textual
traditions that can be broadly described as ‘legal’ literature. In ancient Java
(until the end of the fifteenth century) and precolonial Bali (until the
twentieth century), concepts of law not only encompassed the codification and
administration of civil and criminal justice but also concepts of morality and
right conduct (dharma) that mirrored the broad definition of dharma known in ancient.[29]
Javanese lawbooks
demonstrate that, as with other Southeast Asian law texts, the basic concern of
the text is connections between religion, law, and Man's view of himself in
relation to the natural world. Indian influence in the text was both direct and
immediate, in that many sections were either copies of or adaptations of Indian
material-usually, though not always, from Manu. The Lawbooks was made known
"for the well-being of humanity." More important, the spirit and tone
of the text owe much to Indian legal thought; the philosophical basis of order,
and its connection with religious philosophy, is unmistakenly Indian. At the
same time, the text demonstrates a number of adaptations to local conditions,
such as the emphasis upon compensation and the avoidance of varna rules.[32]
century and recognised
in both the textual record and the reports of Dutch and British colonial
officials include the Pūrwādhigama, Kuṭāramānawa,
Sārasamuccaya, Swarajambu,
Adhigama, Dewāgama and Dewadanda. All these law codes
comprise a collection of definitions of various criminal and civil offences and
their penalties relating to matters such as theft boundary disputes, debt
bondage and contracts, verbal and physical assault, abduction, divorce, and
adultery. Included among the regulations are definitions of righteous conduct to
be followed in all social relationships.[35]
The Kutara
manawa Dharmasastra is a book of
legislation used by the Majapahit Kingdom which regulates various aspects of
social life.[36]
The statutory code of the Majapahit Kingdom, written in the ancient Javanese
language and known as the Kutara manawa
Dharmasastra, is a legal document
that regulates criminal law and civil law. In order to provide an overview of
the matters regulated in the law, it was reorganised into various chapters.[37]
This is evidenced by the Bendasari
inscription dating from the middle of the fourteenth century A.D. It is a
record of a judgment in a civil dispute over the possession of land and
describes the way in which the judges came to a decision.[38]
In this case after
hearing the statements of both the parties, and in accordance with established
practice, the judges interrogated some impartial local people witnesses about the
dispute. Then they took into consideration the law, as enunciated in legal
texts, the local usages and customs, the precedents, and the opinions of
religious teachers and old men, and ultimately decided according to the
principles enunciated in Kutara-manava.
That the Kutara-manava
was regarded as an authoritative document also follows from another
inscription, dated 1358 A.D. in which the judges, seven in number, are
described as ‘Kutara-Manavadi-Sastra-vivechana-tatpara’,
i.e., persons skilled in the knowledge of ‘Kutara-manava
and other lawbooks.[39]
of judicial
processes in Bali until the transition to colonial administrative practices at
the end of the nineteenth century. This indigenous legal tradition was influenced
by the Dharmasastras, particularly the Manusmriti, which were
interpreted and redefined through centuries of local adaptation and
development.[41]
The
similarities between the Kandyan law
and the ancient Indian legal tradition are too obvious to be ignored. The Kandyan Law relating to slavery is similar
to the Hindu law, so far as the latter may be ascertained from the Dharmasastras,
records of customs and inscriptions. The nature of slavery itself, and the
means of liberation; the method of becoming a slave, and the status of children
of slaves; the rights of slaves to own property, and their passing as part of the
estate of their deceased owner, all these find comparable rules in both systems.
The Dharmasastras takes a different view of the effect of liaisons with
slaves, but this would appear to be a reforming rather than a customary principle.[43]
On
the other hand, the Tamils established an independent Jaffna Kingdom after
immigrants from southern India occupied the northern area of Sri Lanka between
the thirteenth and fourteenth centuries. The indigenous law of the Jaffna
Tamils with some variations with the caste structure is known at present as Thesavalamai. Both legal systems are
truly of different origin and history, but they clearly belong to the basic
Indian legal culture represented by the Dharmasastra
which was also adopted with variations in countries like Burma and Thailand.[46]
This
Dhammasattha, originally written in Pali, purports to be of Mon origin.
It seems to have been known to the Thai peoples settled in the Menam basin
before the foundation of the Ayuthia kingdom (1350), and it is possible that
within its surviving version many works of the same type have been fused. We
find there king Mahasamanta and his
minister Manu (called Manosara), and
the text is given by rehearsal on Manu's part from what he read on the wall
which surrounds the world. But it marks an important piece of progress in
juridical technique by means of the new divisions and distinctions which it
introduces.
They are the expression
of the eternal law which should inspire Mahasamanta
and future kings when giving justice to their subjects. As for the
derivative rules, these resulted, in course of time, from the application by Mahasamanta and his successors of the
principles laid down in the Dhammasattha. They could not be actually
enumerated, although the fundamental rules are necessarily limited in number.
Thus the Thai Dhammasattha
recognised in advance that there may be a legal value in decisions passed
by kings in conformity with its precepts. A procedure is expressly provided for
the transformation of a royal decision into a rule of law. They must be
stripped of the features which gave rise to them, and reduced in abstract terms
to the concise form of the precepts of the law.
They could then be added
to the text of the Dhammasattha itself under the relevant rubric. It
seems that such a procedure was actually followed during the Ayuthia period at
every change in the reign, when it was entrusted to members of the High Court
of Justice, composed principally of Brahmins versed in the science of law. The
corpus of the old Siamese laws presents, therefore, a partially finished
codification, in which the derivative rules of law, forming as many articles,
are classified under the various rubrics of the Dhammasattha, after a
brief account of the fundamental rules.
In this way they assist and illustrate the
teaching of the Dharmasastra which exhort the king not to judge lightly,
and to pay careful attention to the presumptions of fact, not to speak of
indirect methods which may be utilised in criminal matters. But these are only
the necessary qualities of justice, equity and good conscience which they seek
to develop in the judge, qualities needful if one is to try the case well.[52]
The evolution of law towards a system
having a legislative aspect was thus already suggested by the Dharmasastra themselves, insistently warning the king
that a judgment is not just unless it is given in conformity with the precepts
of the sastras.
The large number of Sanskrit inscriptions
recovered in Kambuja and Champa show the prevalence of use of Sanskrit texts in
ancient Cambodia. These inscriptions refer to many Sanskrit texts in grammar
and philology, philosophy, politics, and economy, and this indicates the zeal
and enthusiasm with which all classes of people high and low, took to the study
of Sanskrit texts.[53]
These inscriptions give clear evidence of a
thorough knowledge of almost all the Sanskrit metres and the most abstruse
rules of Sanskrit rhetoric and prosody, intimate acquaintance with various
branches of literature such as Veda, Vedanta, Purana, Dharmasastra, Buddhist and Jain literature, different schools of
philosophy, and Vyakarana, specially the works of Panini and Patanjali.
Specific reference is made to the famous medical treatise of Susruta, and to the most prominent text
in Dharmasastra, the Manusmriti, from which a verse is
actually quoted.[54]
An
inscription from Champa dated 1081 AD, says that the king, “was fully endowed
with all the qualities viz. the knowledge of 64 kalas (arts). He knew and practised the four expedients viz.
conciliation (sama ), gifts (dana), discord (bheda) and punishment (danda).
He maintained all the eighteen titles of law and the uniformity (of procedure).
He acted like visible Dharma in this
world”.[55]
Another inscription dated 1088 AD says that the king follows, “the three
objects (trivargga), wealth (artha), virtue (dharma) and pleasure (kama),
without showing preference to any. He follows the four expedients viz.
conciliation (sama), gifts (dana), discord (bheda) and bribery (upapradana)
with respect to the enemies, the friends and the neutrals. He followed the
eighteen titles of law prescribed by Manu (Manumarga).[56]
Tibet
From ninth to eleventh
centuries CE some of the renowned Sanskrit texts in India, were translated into
Tibetan and were included in the Tanjur collection. In this way some of the
Sanskrit works were preserved in Tibet. It seems the Tibetans had a special interest
in the niti literature and in particular collections of moral and ethical
maxims. Thus, one of the best known collections in India at that time of the Chanakya’s
maxims, viz. the Chanakya-rajaniti-Sastra
version, was preserved in Tibetan through a translation made in the tenth or
eleventh century A.D. Since the first studies were made in the Tibetan Tanjur
by A. Csoma de Koros in the first half of the nineteenth century, we know that eight
niti works are included in the Tanjur. These works are as follows[64]:
Prajnasataka-nama-prakarana
2. Lugs-kyi bstan-bcos Ses-rab sdoh-po shes-bya-ba;
in Sanskrit
Nitisastra-prajnadanda-nama
3. Lugs-kyi bstan-bcos skye-bo gso-hahi thigs-pa
shes-bya-ba; in
Sanskrit Nitisastra-jantuposana-bindu-nama
4.Tshigs-su-bcad-pahi mdsod ces-bya-ba ; in Sanskrit
Gathakosa-nama
5. Tshigs-su bcad-pa brgya-pa; in Sanskrit Satagatha
6. Dri-ma med-pahi dris-lan rin-po-chehi phreh-ba
shes-bya-ba; in
Sanskrit Vimalaprasnottara-ratnamala-nama
7. Tsa-na-kahi rgyal-pohi lugs-kyi bstan-bcos; in
Sanskrit Chanakya-Nitisastra
8. Lugs-kyi bstan-bcos ; in Sanskrit Nitisastra
The approach of
the Dharmasastra, and its
adaptations in Dhammasattha and
other texts and practices in Asia, of combining truth with justice,
equity with law and discretion with reason has a universal message for modern
law. This conception of law goes beyond the Western concept of modern law which
divides reality into that which we can see and say clearly and the rest, which
we can better pass over in silence. What we can see and say clearly amounts to little.
If we omitted all that is unclear we would probably be left with completely superficial
and trivial repetition of words. By paying too much attention to what we
perceive with our senses, we lose connection with the essential values of human
life. If a dispute is decided by mere words of injunctions it is violation of Dharmasastra.
Bibliography
Akhtar, Sharmin, and
Khondker, M., Mapping Bengal’s Factors and Indianization of Southeast Asia, Journal of arts and humanities, Vol.10,
issue1, 2010.
Arthasastra, Tr. R P Kangle, Delhi: Motilal Banarasidas, 2021.
Arthasastra, Tr. R Shamasastry, Bangalore: Government Press, 1915.
Aung Maung Htin, Burmese
Law Tales: The Legal Element in Burmese Folklore
London,
Oxford University Press, 1962
Banerjee, Nikunja Vihari,
Studies in the Dharmasastra of Manu, New Delhi: Munshiram
Manoharlal, 1980.
Banerjee, Suresh Chandra, Smriti
Materials in the Mahabharata, Calcutta:
Author, 1972.
Bellina,
Berenice and Ian Clover, The Archaeology of Early Contact With India and the
Mediterranean World, in
I.C Glover & P. Bellwood (eds), Southeast
Asia, from the Prehistory to History, London, Routledge/Curzon Press, 2004,
p.68-89
Bhagvadgita, Tr. S. Radhakrishnan, New Delhi: Harper, 2010.
Bhattacharyya,
Parnasabari, Conceptualizations in the Manusmrti, New Delhi: Manohar
Publishers, 1996.
Bode, M.H. The Pali
Literature of Burma, Royal Asiatic Society, 1909.
Bose, P.N., The Indian Colony of Siam, Lahore,
Motilal Banarasidass, 1927.
Buhler George, (Trans), The
Law of Manu with Extracts from Seven Commentaries, The Sacred Books of the
East Series, No XXV, Delhi: Motilal Banrasi Dass, 2018.
Buhler, George, The
Sacred Laws of the Aryas as Taught in the Schools of Apastamba Gautama Vasistha
and Baudhayana (2 Vols). Delhi: Motilal Banarasi Dass, 2008.
Chiba, Masaji, ed. Asian
Indigenous Law. London: Routledge, 2013.
Chiba, Masaji, Legal
Pluralism in Sri Lankan Society, The
Journal of Legal pluralism and Unofficial law, Vol.1993, Issue 33,
p.197-212.
Coedes, G., The Indianized States of Southeast Asia,
Canberra, ANU, 1968.
Creese, Helen, Old
Javanese Legal Tradition in pre-colonial Bali, Bijdragen tot de Taal-, Land-
en Volkenkunde (BKI) 165-2/3
(2009):241-290
Dave, Jayantakrishna
Harikrishna, Manusmriti, 5 Vols. Bombay: Bharatiya Vidya Bhawan, 1972.
Davidson, Ronald, Indic
Roots of Political Imagery and Imaginaire, in Karl Debreczeny, Faith and Empire, New York, Rubin
Museum, 2009.
Davis, Jr., Donald R. The
Spirit of Indian Law. Cambridge: CUP, 2010.
Davis, Donald R., Jr.
2004. Dharma in Practice: Acara and Authority in Medieval Dharmasastra. Journal of Indian
Philosophy 32.5:813–830.
Day, Terence P. The
Conception of Punishment in Early Indian Literature. Waterloo: Wilfred
Laurier University Press, 1982.
Derrett, J. Duncan M. Religion,
Law, and the State in India. London: Faber, 1968.
Derrett,
J.D.M., The Origins of the Laws of the Kandyans, University of Ceylon Review,
July-October, 1956, p.105-150.
Dharmasutras: The Law
Codes of Apastamba, Gautama, Baudhayana, and Vasistha. Delhi: MLBD, 2000.
D’Oyly, A Sketch of the
Constitution of Kandyan Kingdom,
Transactions of Royal siatic Society, Vol. 3,London, 1835
Dotson, Brandon, Administration and Law in the Tibetan Empire,
D.Phil. Thesis, Oxford, 2006.
Engel, David M. Law and
Kingship in Thailand. Ann Arbor, Michigan University, 1975.
Forchhammer, E. The Sources and Development of Burmese Law.
Rangoon, Govt. Press, 1885.
Gajendragadkar, P.B. ‘The
historical background and theoretical basis of Indian law’. In: AIR 1963,
Journal section, pp.18-26.
Gharpure, J.R., Manusmriti
with the Bhashya of Medhatithi. Bombay: Hindu Law Texts, 1917.
Glover, I.C., Early Trade between India and southeast
asia: A Link in the development of a World Trade System. Hull, University
of Hull, 1989.
Glover, I.C. and P.S.
Bellwood, Southeast Asia: From Prehistory
to History, New York, Routledge, 2004.
Glucklich, Ariel. Religious
Jurisprudence in the Dharmasastra, New York: Macmillan, 1988.
Govt. of India, Courts
of India: Past to Present,Delhi: Publications Division, 2016.
Griswold, A.B. and Prasert
na Nagara, Epigraphic and Historical Studies, The Journal of Siam society, Vol
57 Part 1, 1969.
Gupta, Sunil, The Bay of
Bengal Interaction Sphere (1000 BC-AD 500), Bulletin
of the Indo-Pacific Prehistory Association 25:21-30.
Hoadley, M.C. The Javanese Way of Law, Amsterdam,
University Press, 2019.
Hooker, M.B., The Indian
Derived Texts in Southeast Asia, The Journal of Asian Studies, Vol.37,
No.2, Feb. 1978.
Hubbersgilt, Julian, and
Annick Hardaker, The Laws of Manu,
Delhi, MLBD, 2020.
Huxley, Andrew, Religion
Law and Tradition, New York, Routledge, 2002.
Jansen, Berthe, The
Origins of Tibetan Law, Review of Tibetan
Studies, July 2020.
Jayaswal, K. P., Manu
and Yagyavalkya. New Delhi: Cosmo, 2004.
Jha, K. P., Hindu
Polity; Constitutional History of India in Hindu Times. New Delhi:
Chaukhamba Publications, 2006.
Jha, Ganganath, Studies
in Hindu Law, Varanasi: Sampurnananda, 1992.
Jois, Rama, Legal and
Constitutional History of India: Ancient Legal, Judicial and Constitutional
System. Gurugram: Universal Lexis Nexis, 2022.
Jois, Rama, Seeds of
Modern Public Law in Ancient Indian Jurisprudence. 2nd ed. Lucknow: Eastern
Book Company, 2000.
Jois, Rama, Dharma :
The Global Ethic, Bhartiya Vidya Bhawan, Bombay, 1996.
Jolly, Julius, Hindu
Law and Custom. Calcutta, Greater India Society, 1928.
Kane, P. V. History of
Dharmaśāstra. 5 vols. Poona: Bori, 1962–75.
Kangle, R.P., ‘Manu and
Kautilya’. Indian Antiquary 1.1., 1964.
Kangle, R.P. The
Kautilya Arthasastra. Bombay: University of Bombay. 1972.
Kasemsup, Preedee, Reception
of Law in Thailand, in Masaji Chiba, Asian
Indigenous Law, London, Routledge, 2009.
Larivière, Richard W. ‘Dharmaśāstra,
custom, ‘real law’ and ‘apocryphal’ Smrtis’. In: Kőlver, Larivière, Richard W.
(ed.) Studies in Dharmaśāstra. Calcutta: Firma KLM, 1984.
Lammerts, Dietrich
Christian, Buddhism and Written Law: Dhammasattha
Manuscripts and Texts in premodern Burma. Ph.D. Thesis, Cornell University,
2010.
Lammerts, Dietrich
Christian, Buddhist Law in Burma,
Honolulu, University of Hawaii Press, 2018.
Lemisurier, CJR, Niti
Nighsnduva: The Vocabulary of law, William Henry, Colombo, 1880.
Lingat, Robert. The
Classical Law of India, Berkeley: University of California Press, 1973.
Lingat, Evolution of the
Conception of Law in Burma and Siam. Journal
of Siam Society, Vol. 38, pp. 9-44, 1950.
Lingat, The Buddhist Manu
or the Propagation of Hindu Law in Hinayanist Indochima. Annals of Bhandarkar Oriental Institute, Vol. 30, pp. 284-297,
1950.
Lubin, Timothy, Donald R.
Davis, Jayanth K. Krishnan. Ed. Hinduism and Law: An Introduction.
Cambridge: Cambridge University Press, 2010.
Mahabharata, Vol. V, Tr. R.N. Pandeya, Gorakhpur: Gita Press, 2015.
Majumdar, R.C., Ancient Indian Colonies in
the Far East, Vol. I, Champa. Lahore, Punjab Book
Depot, 1927.
Majumdar,
R.C., Ancient Indian Colonies in the Far East, Vol.II, Suvarnadvipa-Cultural
History, Calcutta, Modern Publishing, 1938.
Majumdar,
R.C., Hindu Law in Java and Bali, K.Aiyangar Commmmoration Volume.
Pp.445-461. 1936.
Majumdar,
R.C. Volume Four, The Age of Imperial Kannauj. Bombay, Bharatiya Vidya
Bhawan, 1961.
Majumdar,
R.C., Study of Sanskrit in Southeast Asia. Calcutta Sanskrit College,
1974.
Majumdar,
R.C., Inscriptions of Kambuja-Desa, Calcutta, The Asiatic
society, 1953.
Manguin,
Pierre Yves, Early Interactions between South and Southeast Asia: Relections
on Cross-Cultural exchange. Singapore, Institute of Southeast Asian
Studies, 2011.
Manusmṛti: with
‘Manubhāṣya’ of Medhātithi, Jha, Ganganath. 10 vols., 2nd edn. Delhi: Motilal Banarsidass, 2016.
Masao,
Tokichi, Researches into Indigenous Law of Siam as study of Comparative
Jurisprudence, Journal of Siam Society, 2(1), 14-18, 1905.
Markandeya Purana, Gorakhpur: Gita Press, 2021.
Matsya Purana, Gorakhpur: Gita press, 2020. 24
Menski, Werner. Hindu
Law: Beyond Tradition and Modernity. Delhi: Oxford University Press, 2003.
Menski, Werner. Comparative
Law in a Global Context. Cambridge:Cambridge University Press, 2003.
Moghe, S G, Some
Aspects of Studies in Dharmasastra, Delhi: Bharatiya Kala Prakashan, 2003.
Motwani Kewal, Manu Dharmasastra:
A Sociological and Historical Study, Madras Ganesh & Co. 1958.
Myint,
Tun, Evolution of Law and Legal Concept in Burma: Challenges at the Transition.
Nag,
Kalidas, Greater India, Greater India Society Bulletin No. 1. Calcutta,
1926.
Naradsmriti. Ed. And trans. Richard Lariviere. Delhi: MLBD, 2001.
Olivelle, Patrick, Dharmasutras:
The Law codes of Apastamba, Gautama, Baudhayana and Vasistha. Delhi et al.:
Oxford University Press, 2000.
Olivelle, Patrick,
‘Penance and punishment: Marking the Body in Criminal Law and Social Ideology
in Ancient India. Journal of Hindu Studies, 4, 2011.
Olivelle, Patrick, Hindu
law: A New History of Dharmasastra, New Delhi: Oxford, 2018
Olivelle, Patrick,
“Kantakshodhana: Courts of Criminal Justice in Ancient India”, in Francois
Voegeli, et al, eds. Devadattiyam, Bern: Peter Lang, 2012.
Pal, Radha Gobind, The
History of Hindu Law, Calcutta, Calcutta University Press, 1958.
Pirie, Fernanada, Buddhist
Law in Early Tibet: Emergence of an Ideology, Journal of Law and Religion, Vol.32, Issue 8, pp. 406-422. 2017.
Purzycki, Benjamin, et
al., Moralistic gods, supernatural punishment and the expansion of human
sociality, Nature, March 2019.
Rg Veda, Tr. Dayananda Saraswati, 4 Vols., New Delhi: Hasananda,
2007.
Rocher, Ludo. “Hindu
Law and Religion: Where to Draw the Line?” in Malik Ram Felicitation
Volume, 1972.
Sarkar, Kishori Lal, The
Mimansa Rules of Interpretation, Tagore law Lectures, 1905.
Sastri, Nilakanta K.A. South Indian Influences in the Far East,
(Hind Kitabs, 1949).
Sastry, K.R.R. Manu and
Thiruvalluvar: A Comparative Study. Madras: Sangam Publishers, 1973.
Sen, Prosonto Kumar, Penology
Old and New, Tagore Law Lectures, Calcutta: Longman Green’s, 1943.
Sharma, R.N., Ancient
India According to Manu. Delhi: Nag, Publishers, 1980.
Singh, Chhatrapati ,‘Dharmasastras
and contemporary jurisprudence’. Journal of the Indian Law Institute,
pp.179-188, Vol.32 No.2, 1990.
Sircar, D.C. Studies in the Political and Administrative
Systems in Ancient and Medieval India, New Delhi. MLBD, 1973.
Sivaramayya, B. ‘Dharmaśāstra
and Contemporary Indian Law’. In Narang, Sudesh (ed.): Dharmasastra in
Contemporary Times. Delhi: Nag Publishers, pp.67-76. 1988.
Sukraniti , Tr. Benoy Kumar Sarkar, Munshiram Manoharlal, New
Delhi. 1975.
Sternbach, Ludwik, The
Spreading of Canakya’s Aphorisms over “Greater India”, Journal of the Greater India Society, Vol. XVIII Nos. 1 &2,
1959.
Sternbach, Ludwik, Canakya Raja Niti: Maxims on Raja Niti,
Madras, Adyar Library, 1963.
Swindlehurst Albert, Hindu
Law and its Influence, Yale Law Journal, Vol. xxvii May, 1918 no. 7.
Tambiah,
H.W., The Laws and Customs of The Tamils of Jaffna, Colombo, WERC, 2004.
Tirrukural, Tiruvallur, Tr. Gopal Krishan Gandhi, New Delhi, Aleph,
2015.
Tripathi, Upendra Kumar,
and Anoop Kumar, Vedic Tradition of Law and Legal System. New Delhi:BHU,
2022.
Utami, Tanti Kirana,
Rusman Rusman, Aji Mulyana. ‘Digitising
the Dissemination of Historical Legislation in Indonesia (Kutara manawa Dharmasastra from Majapahit Kingdom)’, Proceedings of the International
Conference on “Changing of Law: Business Law, Local Wisdom and Tourism
Industry” (ICCLB 2023).
Vyavaharachintamani Of
Vachaspati Misra. A Digest on Hindu Legal
Procedure.
Ed. And trans. Ludo
Rocher. Gent: University of Gent, 1956.
Wezler, Albrecht. “Dharma
in the Veda and the Dharmasastra”. Journal of Indian Philosophy, 32:629-65,
2004
Wolters, O.W. Khmer
“Hinduism” in the Seventh Century, in Early
Southeast Asia, New York, Cornell, 2008. Pp. 177-192.
Yagyavalkyasmriti with the
Mitakshara of Vigyaneswara. Ed.
Narayan Ram Acharya. Delhi: Nag, 1985.
__________________________________________________________________________________
[1] RV, 1.164. RV, 10.129.
[2] Hooker, p.217.
[3] Manguin, p. xx.
[4] Kane, I, 304.
[5] Ibid., I, 306
[6] Jois, ibid., 112-113.
[7] Banerji, 1972; Sircar 1973.
[8] Kane, I, 158
[9] Kane, III, 8.
[10] Manusmriti 8.94.
[11] Ibid., 8.103.
[12] Ibid. 8.345
[13] Ibid. 8.349.
[14] Ibid. 4.176
[15] Ibid., 12.106.
[16] Brihaspatismrti, 2.12.
[17] Naradasmriti, 1.40.
[18] Arthasastra, 3. 1.45.
[19] Ibid. p.216.
[20]
Lingat, Budhist Manu, p. 284
[21] Myint, p.20.
[22] Ibid.
[23] Lingat,p. 286
[24] Forchhammer, p.1.
[25] Jolly, op.cit.
[26] Lingat, p. 287
[27] Ibid., p. 289
[28] Lingat, 1940, p.14.
[29] Creese, p. 243
[30] Ibid.
[31] Jolly, p.94.
[32] Hooker, p.215
[33] Ibid. 244
[34] Ibid. P.245
[35] Creese,
p.246
[36] Utami, p.1502.
[37] The
following is the result of that rearrangement effort: Chapter I: General
provisions on fines Chapter; II: Eight kinds of murder, called astadusta;
Chapter III: Treatment of servants, called kawula Chapter; IV: Eight kinds of
theft, called astacorah; Chapter V: Compulsion or sahasa Chapter VI: Buying and
selling or adol-tuku; Chapter VII: Pawn or sanda; Chapter VIII: Debt or
ahutang-apihutang; Chapter IX: Entrustment; Chapter X: Dowry or tukon; Chapter
XI: Marriage or kawarangan; Chapter XII: Mesum or paradara; Chapter XIII:
Inheritance or drewe kaliliran; Chapter XIV: Cursing or wakparusya; Chapter XV:
Hurting or dandaparusya; Chapter XVI: Negligence or kagelehan; Chapter XVII:
Fight or atukaran; Chapter XVIII: Land or bhumi; Chapter XIX: Slander or dwilatek.
Ibid.
[38] Majumdar, 1936, p.447.
[39] Ibid.
[40] Ibid. 449.
[41] Creese, p. 282
[42] Chiba, 1993, p. 204.
[43] Derrett, p.138.
[44] Ibid. p.140.
[45] Ibid. p.141.
[46] Ibid.
[47] D’Oyly, p.1
[48] Tambiah, p. 6.
[49] Ibid., p. 7.
[50] Jolly, p.93.
[51] Masao, p.15.
[52] Dikshitar, p.218.
[53] Majumdar, 1961, 443
[54] Ibid. 1953, p.106.
[55] Majumdar, p. 165
[56] Ibid. 172
[57] Wolters, p.189
[58] Ibid.
[59]
Davidson, p.52
[60] Ibid. p.64
[61] Jansen, p.222
[62] Pirie, p.410.
[63] Davidson, p.64
[64] Sternbach, p. 364.
[65] Pathak, p.34,
[66] Ibid. p.20.
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