ABSTRACT

This chapter considers the traditional system of sources of law, and describes both its theoretical foundation and how it works in practice. It analyses modern sources of Hindu law and interaction with pre-existing sources in order to provide an account of the development of tradition and the state of affairs in contemporary India. The development of traditional Hindu law has known different theories of sources from the Vedic period to the post-classical period, even though coherence exists, at least in Brahmanism. The theoretical system of sources of Hindu law found its most complete formulation in the classical period, but Hindu interpreters always expressed questions about the authority to recognize the various sources acknowledged in practice. The sources of traditional Hindu law identify themselves with the sources of dharma, although some interpreters recognize non-dharmic sources as subordinate. The dharmasastras were in turn the object of interpretation, giving rise to two other types of works: commentaries and digests.