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Hindu Law and Judicature
Hindu Law and Judicature
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PREFACE.
The immediate incentive to this undertaking was, a knowledge, or at
least a strong impression, that a connected and explanatory
translation of the rules of jurisprudence[1] in the Dharma Śástra
of Yájnavalkya was a practical want.
Such impression was coincided in, and therefore proved correct, by a
long list of local subscribers eminently qualified, by position and
experience, to decide.
Dr. Röer is responsible for the fidelity of the rendering, so far as
depends on knowledge of the Sanscrit language and literature, of Hindu
mythology and philosophy. Mr. Montriou has aided, so far as enabled by
juridical acquirements and experience. The language of translation
has, therefore, been a joint labour, often the result of much and
anxious discussion, and, if not unfrequently but a choice of doubtful
alternatives, yet, always a choice made with pains and circumspection.
The text we have generally followed is Stenzler's[2] which is based on
and selected from two MSS. in the royal library at Berlin and two
editions published in Calcutta.[3]
We have not neglected constant comparison with Stenzler's German
translation as well as with the several detached passages as
translated by Colebrooke and W. Macnaghten.
Words within brackets ( [ ] ) are not in the original text.
References to, and extracts from, the standard commentary upon
Yájnavalkya, the Mitákshará, necessarily form the staple of our notes.
All such extracts are distinguished by the initial (_M._), and the
author of the commentary we invariably refer to as, the Commentator.
At the same time, we have not blindly or implicitly followed this
commentator. In some sense all Hindu glosses are untrustworthy guides.
They assume the text to be the language of inspiration; and, as the
several Dharma Śástras not merely differ, but often dispose of the
same subject in a contradictory manner, Pandits deem it their duty to
reconcile all discrepancies, how forced soever their interpretations
may be. In passages so dealt with, we have endeavoured to give the
plain meaning of the original text.
We gratefully acknowledge the obliging assistance, in research,
enquiry, and suggestion, occasionally afforded, in the progress of
our task, by Babus, Chandra Saikhur Dev[4] and Shyámácharaṇa
Sircar.[5]
E. R.
W. A. M.
August 1858.
FOOTNOTES:
[Footnote 1: _vyavahára._]
[Footnote 2: Yájnavalkya's Gesetzbuch, Sanscrit and Deutsch, Berlin
and London, 1849.]
[Footnote 3: 1. Sanhitá of Yájnavalkya, edited by Sri Bhavánícharana
Vandyopádhyaya: 2. The text published in the Mitákshará Dharma
Śástra, Calcutta, 1812.]
[Footnote 4: Formerly head superintendent of the legal and zemindarry
affairs of the maharajah of Burdwan.]
[Footnote 5: Joint chief translator and interpreter H. M. Supreme
Court.]
CORRIGENDA.
Page x, (Introd.) for "Swabhábha" read "Swabháva."
" xi, " " "sl. 241" read "sl. 240."
" 2, sl. 2, " "harken" read "hearken."
" 79, sl. 303, " "equipage," read "vehicle."
" " " " _gadee_" read "seat."
Transcriber's Note: These corrections have been made in the text.
The immediate incentive to this undertaking was, a knowledge, or at
least a strong impression, that a connected and explanatory
translation of the rules of jurisprudence[1] in the Dharma Śástra
of Yájnavalkya was a practical want.
Such impression was coincided in, and therefore proved correct, by a
long list of local subscribers eminently qualified, by position and
experience, to decide.
Dr. Röer is responsible for the fidelity of the rendering, so far as
depends on knowledge of the Sanscrit language and literature, of Hindu
mythology and philosophy. Mr. Montriou has aided, so far as enabled by
juridical acquirements and experience. The language of translation
has, therefore, been a joint labour, often the result of much and
anxious discussion, and, if not unfrequently but a choice of doubtful
alternatives, yet, always a choice made with pains and circumspection.
The text we have generally followed is Stenzler's[2] which is based on
and selected from two MSS. in the royal library at Berlin and two
editions published in Calcutta.[3]
We have not neglected constant comparison with Stenzler's German
translation as well as with the several detached passages as
translated by Colebrooke and W. Macnaghten.
Words within brackets ( [ ] ) are not in the original text.
References to, and extracts from, the standard commentary upon
Yájnavalkya, the Mitákshará, necessarily form the staple of our notes.
All such extracts are distinguished by the initial (_M._), and the
author of the commentary we invariably refer to as, the Commentator.
At the same time, we have not blindly or implicitly followed this
commentator. In some sense all Hindu glosses are untrustworthy guides.
They assume the text to be the language of inspiration; and, as the
several Dharma Śástras not merely differ, but often dispose of the
same subject in a contradictory manner, Pandits deem it their duty to
reconcile all discrepancies, how forced soever their interpretations
may be. In passages so dealt with, we have endeavoured to give the
plain meaning of the original text.
We gratefully acknowledge the obliging assistance, in research,
enquiry, and suggestion, occasionally afforded, in the progress of
our task, by Babus, Chandra Saikhur Dev[4] and Shyámácharaṇa
Sircar.[5]
E. R.
W. A. M.
August 1858.
FOOTNOTES:
[Footnote 1: _vyavahára._]
[Footnote 2: Yájnavalkya's Gesetzbuch, Sanscrit and Deutsch, Berlin
and London, 1849.]
[Footnote 3: 1. Sanhitá of Yájnavalkya, edited by Sri Bhavánícharana
Vandyopádhyaya: 2. The text published in the Mitákshará Dharma
Śástra, Calcutta, 1812.]
[Footnote 4: Formerly head superintendent of the legal and zemindarry
affairs of the maharajah of Burdwan.]
[Footnote 5: Joint chief translator and interpreter H. M. Supreme
Court.]
CORRIGENDA.
Page x, (Introd.) for "Swabhábha" read "Swabháva."
" xi, " " "sl. 241" read "sl. 240."
" 2, sl. 2, " "harken" read "hearken."
" 79, sl. 303, " "equipage," read "vehicle."
" " " " _gadee_" read "seat."
Transcriber's Note: These corrections have been made in the text.