the very nature of the influences thus brought to bear upon law, that
not only have the sacred books been departed from, but that different
results have been arrived at in different parts of India. The
differences have led recent writers to speak of five schools of Hindu
law, called respectively the Benares school, the Bengal or Gauriya
school, the Bombay school or school of western India, the Dravida school
or school of southern India and the Mithila school--the district last
named being a very small one to the south of and adjoining Nepal. But it
would be a great mistake to suppose that the differences between these
so-called schools are comparable to each other in importance. As will
appear presently, it would be much more correct to speak of two schools,
that of Benares and that of Bengal--the other three being subdivisions
of the first.
Sacred Books.
It will be convenient to give a short description of those of the sacred
books which are actually in use in the Indian courts when they desire to
ascertain the Hindu law. Of these by far the first in importance, as
well as the first in date, is the one which we call the Laws of Manu. It
has been translated by Professor Buhler, and forms vol. xxv. of the
"Sacred Books of the East," edited by Professor Max Müller. If we
examine it, we find that only about one-fourth of the book deals with
matters which we should call legal, the rest being concerned with topics
either purely religious or ceremonial. And of these topics only one,
that relating to partition of family property, belongs to that portion
of the Hindu law which is administered in the courts, and, as one would
expect, what is said on this topic has been largely departed from under
the influences above described. Very little is known as to the date of
the Laws of Manu. They are probably much older than their present form,
which Buhler places somewhere between 200 B.C. and A.D. 200. Of more
interest than the exact date is the state of society which they
disclose. The tribal and nomadic stage had passed away. Society had so
far settled down as to possess a regular form of government under a
king. The people were divided into four great castes, representing
religion, war, commerce and agriculture and servitude. Justice is spoken
of as administered by the king. Provision is made for the recovery of
debts and the punishment of offences. There are rules relating to the
pasture of cattle, trespass by cattle and the enclosure of cultivated
fields. There was evidently considerable wealth in the shape of horses,
carriages, clothes, jewelry and money. There is no mention of land in
general as the subject of permanent private property, though no doubt
the homestead and the pasture land immediately adjoining were
permanently owned.
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