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Classical Hindu law : ウィキペディア英語版 | Classical Hindu law
Classical Hindu law is a category of Hindu law (dharma) in traditional Hinduism, taken to begins with the transmittance of the Vedas and ending in 1772 with the adoption of "A Plan for the Administration of Justice in Bengal" by the Bengal government.〔Rocher, Rosane ''The Creation of Anglo-Hindu Law''〕 Law during the classical period was theologically based on the dharmasastra, and dharma which was traditionally delineated by "learned people" or scholars of the Vedas.〔Hacker, Paul. 2006. pp. 484〕 However, in reality, classical Hindu law was diverse in practice, varying between locations, vocational groups, and castes. Thus, the common source of classical Hindu law was the community and, therefore, laws on a whole were highly decentralized and diverse.〔Davis, Jr. Donald R. ''The Spirit of Hindu Law''. Chapter 1.〕 These laws were dictated by various corporate groups such as merchant leaders, heads of caste, and kings, and because of the diverse leadership, these laws were particular to a set place.〔Davis, Jr. Donald R. 2005〕 Records of classical Hindu law can be found in the Manu Smriti and other smṛti literature; although, actual court records during this time period are rare. ==Sources== Classical Hindu law was theologically based on the Dharmasastras. Traditionally these texts established the rules of dharma which could be found through three sources. Theologically the most important source for dharma was from the śruti or Veda because it was acknowledged to be of divine origin. If one could not find a particular idea in the Vedas, the Dharmasutras instructed him or her to consult the next source of authority: smṛti followed then by ācāra and in some cases ātmatuṣṭi.〔Davis, Jr. Donald R. Ch. 1. pp. 2〕 :''The Law is set forth in the Vedas and the Traditional Texts. When these do not address an issue, the practice of cultured people becomes authoritative.'' (VaDh 1.4-5) However, ācāra was the law that was conveyed in actual practice.〔Davis, Jr. Donald R. Ch. 7〕
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