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This is a power point presentation about the sources of HINDU LAW including modern sources and ancient sources
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PPT BY:- SAKSHI ROLL. NO. BA.LLB (SECOND SEM.) M.D.U.ROHTAK
Vedas(Shruti), Smritis,
2.Smritis:- ◦ (^) Smritis means “what was remembered”.It is believed that Smritis contained precepts of GOD ,but not in the language they had been delivered. ◦ (^) Smritis are the principal sources of lawyer’s law ,but they also contain matters other than positive law. ◦ (^) The Smritis of Mqnu and Yajnavalakya deal with religious rites, positive law, penance,true knowledge and liberation. ◦ (^) Some of the Smritis deal with positive law alone such as Smriti of of Narada,Brihaspati katyayana. ◦ (^) Some Smritis like Prashar Smriti deal very little with positive law.
Smritis cont. ◦ (^) THE YAJNAVALAKYA smriti gives a list of twenty sages,who are law givers. This list comprises of the following:- ◦ (^) MANU,ATRI , VISHNU,HARITA, YAJNAVALAKYA, USHANAS, ANGIRA,YAMA, APASTAMBA, SAMVARTA KATYAYANA, BRIHASPATI, PRASHARA, VYASA, SHANKHA LIKHITA ,DAKSHA, GAUTAMA, SATATAPA and VASHISHTHA. ◦ (^) Smritis are divided into : ◦ (^) DHARMASHASTRAS:- ◦ (^) Written in verse ◦ (^) Examples:-manu , Yajnavalakya, Narada ,katyayana and Brihaspati. ◦ (^) DHARMASUTRAS:- ◦ (^) Written in Prose and verse ◦ (^) Examples:-gautama,baudhayana and vashishtha.
Principal commentaries are:- Dayabhagha byJimuthvahana, Mitakshara a commentary on Yajnavalakya by Vijnaneshwara,
Legislation cont.
6.Precedent:- ◦ (^) Precedent means previous judicial decision. Strictly speaking president is not the source of law in the sense in which the legislature is. Because the function of a judge is not to make law but only to interpret it. In integrating and applying the law to particular cases, the judges expressly or or by necessary implication and enunciate what the law ,is, and the view of the law expressed and acted upon by them serves as a guide in similar cases arising subsequently, and is taken to have a binding force. ◦ (^) The judicial decisions is a source of law in the sense that it is binding on the subordinate courts. If the decision is by the supreme court of India or by the Privy Council , it is binding on all the courts. There is now a large bulk of cases on Hindu law covering all its aspects that they have almost settled the law. In such matters recourse to the original sources is not necessary.