Yajnavalkya-smriti (Vyavaharadhyaya)鈥擟ritical study
by Kalita Nabanita | 2017 | 87,413 words
This page relates 鈥楧omain of the Vyavaharadhyaya鈥� of the study on the Vyavaharadhyaya of the Yajnavalkya-smriti: one of the most prominent Smritis dealing with Dharmashastra (ancient Indian science of law), dating to the 1st century B.C. The Yajnavalkyasmriti scientifically arranges its contents in three sections: Acara (proper conduct), Vyavahara (proper law) and Prayashcitta (expiation). Vyavahara deals with judicial procedure and legal system such as substantive law and procedural law.
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Chapter 2.2 - The Domain of the 痴测补惫补丑腻谤腻诲丑测腻测补
驰腻箩帽补惫补濒办测补 is the first 厂尘峁泃颈 writer to arrange his work in three chapters viz.
- 腻肠腻谤补,
- 惫测补惫补丑腻谤补 and
- 辫谤腻测补艣肠颈迟迟补.
驰腻箩帽补惫补濒办测补 named the second chapter dealing with the law properly, the 痴测补惫补丑腻谤腻诲丑测腻测补. In this chapter, he has maintained law much more systematically and without mingling with moral and religious rules. Even though, 驰腻箩帽补惫补濒办测补 recognised 惫测补惫补丑腻谤补 as a part of dharma, realised the importance of 惫测补惫补丑腻谤补 as an independent subject, and so he classified it separately under one chapter, and adequate emphasis was given on its sanctity. Thus, for the first time, a clear demarcation is established between law and religion that settled the pattern and form of Hindu Law for future.
In the 痴测补惫补丑腻谤腻诲丑测腻测补, it can be noticed that 驰腻箩帽补惫补濒办测补 has described not only judicial procedure but also titles of law. He briefly discusses the complete legal system including both substantive law and adjective or procedural law. The substantive law, determines rights and liabilities of parties, whereas adjective or procedural law prescribes the practice, procedure and machinery for the enforcement of those rights and liabilities.[1] Regarding the purpose or contents of the 痴测补惫补丑腻谤腻诲丑测腻测补, the 惭颈迟腻办峁谤腻 describes at the beginning of the 痴测补惫补丑腻谤腻诲丑测腻测补 that 驰腻箩帽补惫补濒办测补 has started the chapter to delineate the nature of 惫测补惫补丑腻谤补, its classifications, the procedures to be followed etc.[2]
The 痴测补惫补丑腻谤腻诲丑测腻测补 begins with s膩dh膩ra峁嘺惫测补惫补丑腻谤补m膩t峁沰膩辫谤补办补谤补峁嘺. It lays down the basic or fundamental principles and laws which are in general applicable to all lawsuits. This 辫谤补办补谤补峁嘺 is followed by as膩dh膩ra峁嘺惫测补惫补丑腻谤补m膩t峁沰膩辫谤补办补谤补峁嘺 which mentions the special laws and regulation that are not applicable generally, but in some of the cases only. Then 驰腻箩帽补惫补濒办测补 has treated the 惫测补惫补丑腻谤补padas separately under different headings as an individual 辫谤补办补谤补峁嘺. In the 痴测补惫补丑腻谤腻诲丑测腻测补 after the upanidhi辫谤补办补谤补峁嘺 the means of proof are dealt with profoundly.
Footnotes and references:
[1]:
Takwani, C.K., Civil Procedure, page3
[2]:
sa ca 惫测补惫补丑腻谤补岣� k墨d峁浥沘岣�, katividha岣�, 办补迟丑补峁� cet鈥� dvit墨yo鈥檇hy膩ya岣� pr膩rabhyate/ 惭颈迟腻办峁谤腻 on 驰腻箩帽补惫补濒办测补sm峁泃i,