Coherent Identifier About this item: 20.500.12592/8717g7

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

1909

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Summary

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.

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law

Pages
583
SARF Document ID
sarf.100014

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