Book contents
- Frontmatter
- Contents
- Foreword by Richard W. Lariviere
- Preface
- Abbreviations
- Note on the Edition
- Introduction
- PART ONE THE NATURE OF HINDU LAW
- PART TWO GENERAL TOPICS OF HINDU LAW
- PART THREE HINDU LEGAL PROCEDURE
- PART FOUR TECHNICAL STUDIES OF HINDU LAW
- Possession Held for Three Generations by Persons Related to the Owner
- The Vīramitrodaya on the Right of Private Defence
- The Technical Term Anubandha in Sanskrit Legal Literature
- The Kāmasūtra: Vātsyāyana's Attitude toward Dharma and Dharmaśāstra
- In Defense of Jīmūtavāhana
- Dāsadāsī
- The Definition of Vākparuṣya
- Janmasvatvavāda and Uparamasvatvavāda: The First Chapters on Inheritance in the Mitākṣarā and Dāyabhāga
- Karma and Rebirth in the Dharmaśāstras
- Notes on the Technical Term Sāhasa: “Fine, Pecuniary Penalty”
- Avyāvahārika Debts and Kautilya 3.1.1–11
- The Sūtras and Śāstras on the Eight Types of Marriage
- Caritraṃ Pustakaraṇe
- The Terms Niyukta, Aniyukta, and Niyoga in Sanskrit Legal Literature
- The Aurasa Son
- The Introduction of the Gautamadharmasūtra
- PART FIVE ANGLO-HINDU AND CUSTOMARY LAW
- Bibliography
- Index
Caritraṃ Pustakaraṇe
from PART FOUR - TECHNICAL STUDIES OF HINDU LAW
Published online by Cambridge University Press: 05 February 2013
- Frontmatter
- Contents
- Foreword by Richard W. Lariviere
- Preface
- Abbreviations
- Note on the Edition
- Introduction
- PART ONE THE NATURE OF HINDU LAW
- PART TWO GENERAL TOPICS OF HINDU LAW
- PART THREE HINDU LEGAL PROCEDURE
- PART FOUR TECHNICAL STUDIES OF HINDU LAW
- Possession Held for Three Generations by Persons Related to the Owner
- The Vīramitrodaya on the Right of Private Defence
- The Technical Term Anubandha in Sanskrit Legal Literature
- The Kāmasūtra: Vātsyāyana's Attitude toward Dharma and Dharmaśāstra
- In Defense of Jīmūtavāhana
- Dāsadāsī
- The Definition of Vākparuṣya
- Janmasvatvavāda and Uparamasvatvavāda: The First Chapters on Inheritance in the Mitākṣarā and Dāyabhāga
- Karma and Rebirth in the Dharmaśāstras
- Notes on the Technical Term Sāhasa: “Fine, Pecuniary Penalty”
- Avyāvahārika Debts and Kautilya 3.1.1–11
- The Sūtras and Śāstras on the Eight Types of Marriage
- Caritraṃ Pustakaraṇe
- The Terms Niyukta, Aniyukta, and Niyoga in Sanskrit Legal Literature
- The Aurasa Son
- The Introduction of the Gautamadharmasūtra
- PART FIVE ANGLO-HINDU AND CUSTOMARY LAW
- Bibliography
- Index
Summary
The fact that litigation in classical Hindu law “rests on four feet” (catuṣpād) is well known. The texts enumerating and defining the four elements have been discussed repeatedly in recent scholarly literature. Most of these writings center on the fact that, among dharma, vyavahāra, caritra, and rājaśĀsana, each latter one bādhate “checks, prevents, sets aside,” the preceding one(s). This leads to various —conflicting— theories on the relative role of the four “feet,” and, especially, to efforts at explaining the obvious, but unexpected, importance given custom and royal decrees.
This article does not intend to deal with the relations between dharma, vyavahāra, caritra, and rājaśĀsana. It will concentrate on caritra, and, more specifically, on one term which has been used —once(!)— in connection with it: pustakaraṇa.
The term caritra has been defined by most texts in which the “four feet” of vyavahāra have been enumerated. One of the simplest definitions appears in a verse attributed to Vyāsa (DhK 1.235):
deśasthitiḥ pūrvakṛtā caritraṃ samudāhṛtam.
Elsewhere in a stanza attributed to Bṛhaspati (9.6; DhK 1.99), deśasthiti occurs again, but as one of two types of caritra, the other one being based on anumāna:
anumānena nirṇītam caritram iti kathyate;
deśasthityā dvitīyaṃ tu śĀstravidbhir udāhṛtam.
Jolly (2.23) translates:
When a sentence is passed according to the inference (to be drawn from circumstantial evidence), it is termed (a decision based on) custom. When it is passed according to local usages, it is termed another sort (of a decision based on custom) by the learned in the law.
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- Studies in Hindu Law and Dharmasastra , pp. 597 - 602Publisher: Anthem PressPrint publication year: 2012