Narada, Brhaspati And Katyayana: A Comparative Study In Judicial Procedure

Scholars like Sir Henry Maine believed that the codes of Manu and others were in great part an ideal picture of that, which in views of the Brahmins ought to be the law. On the other hand, J.D. Mayne while refurling the view of Sir Henry Maine says that "the Smrtis were partly based upon contemporary and anterior usage and, in part, on rules framed by the Hindu Jurists and rules of the country. Smrtis and Digests were not private books but were recognized authorities in the courts and tribunals of the country and that the Smrti rules were concerned with the practical administration of justice." Dr. M.M. Patkar, the author of the present book has critically examined and analysed the Smrtis of Narada, Brhaspati and Katyayana and shown how J.D. Mayne is justified in his views. The three law-books under study not only present a systematic and factual aspect of the then prevailing civil and criminal law but they also contain advanced and, in some places, even radical views about rules of law and procedure. The late Dr. M.M. P.V. Kane described the three law-givers as a triumvirate in the realm of the ancient Hindu Law and procedure. The present work could, therefore, well be described as a fitting tribute to the contribution of the three law-givers in the field of ancient Hindu Law and procedure.