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Abstract

Hindu law has the oldest pedigree of any known system of jurisprudence,1 for which the Vedas of the Srutis2 are the primary source although they contain very little law, as such. According to the needs and progress of Hindu society, new customs evolved and were recognized in Smritis, Nibhandas, and Puranas and were incorporated into the law. Thus law was amended by great sages like Manu, Yajnavalkya and others, but these men attempted to support their amendments with the text of Sruti in order to derive sanction from divine authority. While professing to interpret the law laid down in the Smritis,3 they introduced changes to harmonize the law with the usages of those governed.4 This form of codification was known even in ancient times, and exists today.

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References

  1. J. S. Furnivall, “Manu in Burma, (Some Burmese Dhammathats),” The Journal of the Burma Research Society (1930–31), Vol. XXX 351.

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© 1968 Springer Science+Business Media Dordrecht

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Buxbaum, D.C. (1968). Codification of Hindu Law. In: Buxbaum, D.C. (eds) Family Law and Customary Law in Asia. Springer, Dordrecht. https://doi.org/10.1007/978-94-017-6216-8_11

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  • DOI: https://doi.org/10.1007/978-94-017-6216-8_11

  • Publisher Name: Springer, Dordrecht

  • Print ISBN: 978-94-017-5794-2

  • Online ISBN: 978-94-017-6216-8

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