is a part of the
Dharmaśāstras, written about 2400 years ago in two recensions the south India Naradamanusamhita and Nepal, in Newari language that serves as a collection of
legal maxim
A legal maxim is an established principle or proposition of law, and a species of aphorism and general maxim. The word is apparently a variant of the Latin , but this latter word is not found in extant texts of Roman law with any denotation exac ...
s relating to the topic of
dharma
Dharma (; sa, धर्म, dharma, ; pi, dhamma, italic=yes) is a key concept with multiple meanings in Indian religions, such as Hinduism, Buddhism, Jainism, Sikhism and others. Although there is no direct single-word translation for '' ...
.
This text is purely juridical in character in that it focuses solely on
procedural and
substantive law
Substantive law is the set of laws that governs how members of a society are to behave.Substantive Law vs. Procedural Law: Definitions and Differences, Study.com/ref> It is contrasted with procedural law, which is the set of procedures for making, ...
.
Known as the "juridical text par excellence," the is the only
Dharmaśāstra
''Dharmaśāstra'' ( sa, धर्मशास्त्र) is a genre of Sanskrit texts on law and conduct, and refers to the treatises (shastras, śāstras) on dharma. Unlike Dharmasūtra which are based upon Vedas, these texts are mainly b ...
text to not cover areas such as righteous conduct and penance.
[Lariviere 1989: ix] Its focused nature has made the text highly valued by rulers and their governments, in Indian subcontinent and southeast Asia, likely as an aid of carrying out their
dharma
Dharma (; sa, धर्म, dharma, ; pi, dhamma, italic=yes) is a key concept with multiple meanings in Indian religions, such as Hinduism, Buddhism, Jainism, Sikhism and others. Although there is no direct single-word translation for '' ...
of justly ruling the country.
[
]
Recensions
Today there exist three recognized versions of Naradasmriti, also called Naradiya Dharmasastra. First, there is the “minor” recension, consisting of 879 verses and referred to by the siglum D. Next comes the recension known by the siglum P and consisting originally of 550 verses. Jolly later edited the text to contain verses from the “minor” recension as well, bringing the total to 1028 verses. The third version comes from the Newārī manuscripts and the and goes by the siglum NMS, containing 870 verses. Each recension is unique not only in length, but content as well. For example, in P, an entire chapter is found of which no other manuscript makes mention. One of the most thoroughly studied differences is that of the variation in naming of Ordeals. The NMS, seen as the oldest of the three texts, lists only two ordeals in the standard chapter on “Nonpayment of Debt” but contains an addendum which lists five more ordeals. The Vulgate also lists five ordeals but manuscript P adds two more, bringing the total to seven.
Source and Authority
One recension claims that “Manu Prajāpati originally composed a text in 100,000 verses and 1080 chapters, which was successively abridged by the sages Nārada
Narada ( sa, नारद, ), or Narada Muni, is a sage divinity, famous in Hindu traditions as a travelling musician and storyteller, who carries news and enlightening wisdom. He is one of mind-created children of Brahma, the creator god. He ...
, Mārkandeya, and Sumati Bhārgava, down to a text of 4,000 verses.” [Lariviere 1989: xxiii] , according to this recension's claim, represent the ninth chapter, regarding legal procedure, of Manu
Manu may refer to:
Geography
* Manú Province, a province of Peru, in the Madre de Dios Region
**Manú National Park, Peru
** Manú River, in southeastern Peru
* Manu River (Tripura), which originates in India and flows into Bangladesh
*Manu Tem ...
’s original text. This connection may enhance the prestige of because some traditional texts state Manu pronouncements on dharma is above challenge. However, Lariviere notes that it is clear from the critical edition and examination of other ancient documents that this explanation of Nāradasmṛti's origin is a myth, and was added later.
Naradasmriti was an authoritative document not only in Indian subcontinent, as well as when Hinduism flourished in southeast Asia. A 12th-century inscription in Champa
Champa (Cham: ꨌꩌꨛꨩ; km, ចាម្ប៉ា; vi, Chiêm Thành or ) were a collection of independent Cham polities that extended across the coast of what is contemporary central and southern Vietnam from approximately the 2nd cen ...
empire of Jaya Harivarman, in what is now modern Vietnam
Vietnam or Viet Nam ( vi, Việt Nam, ), officially the Socialist Republic of Vietnam,., group="n" is a country in Southeast Asia, at the eastern edge of mainland Southeast Asia, with an area of and population of 96 million, making i ...
, declares that its court officials were "expert in all dharmasastras, especially Naradiya and Bhargaviya".George Coedès
George may refer to:
People
* George (given name)
* George (surname)
* George (singer), American-Canadian singer George Nozuka, known by the mononym George
* George Washington, First President of the United States
* George W. Bush, 43rd President ...
, The Indianized States of Southeast Asia, , University of Hawaii Press, page 164-166
The divine sage Nārada is known as the messenger of the gods, transmitting divine will to the people of the earth. Although not known for being an expert in dharma
Dharma (; sa, धर्म, dharma, ; pi, dhamma, italic=yes) is a key concept with multiple meanings in Indian religions, such as Hinduism, Buddhism, Jainism, Sikhism and others. Although there is no direct single-word translation for '' ...
, he has been portrayed as an instructor of law and politics.
Author
Lariviere argues that there was “no single ‘author’ of this text" but rather, either an individual or a group who compiled all of the verses attributed by a particular community to the sage Nārada. Examination of the scripts of the original manuscript determines that the manuscripts were written in the South of India while the Newārī manuscript came from Nepal. The recensions D and P appear to have been found throughout the subcontinent but rarely in Nepal or Kerala.
Date
Similar to all ancient Indian texts, specific dates for the authoring of the continue to elude scholars. Varying arguments have been made and evidences cited but no decisive conclusions have been made. The best timeframe which can be provided is somewhere between 100BCE and 400CE.
In 1876 manuscript D of the was translated by the German scholar, Julius Jolly, making it available to legal scholars in Europe for the first time. The work was readily accepted in Europe due to its style, content, and structure which was similar enough to Roman legal texts of the time that the scholars felt comfortable dealing with it. Karl Marx even used this translation as a reference for his Asiatic Modes of Production.
In 1879, Jolly translated manuscript P.
In 1989, Lariviere revisited the text and produced a critical translation which includes evidence from the NWS manuscripts, as well as D and P, which Jolly used.
Structure
The structure of the is based on the eighteen titles of law, which are also mentioned in the Manusmṛti
The ''Manusmṛiti'' ( sa, मनुस्मृति), also known as the ''Mānava-Dharmaśāstra'' or Laws of Manu, is one of the many legal texts and constitution among the many ' of Hinduism. In ancient India, the sages often wrote their ...
but with some variation in names. The text begins with a brief introduction into law and the courts before delving into these 18 titles, devoting a chapter to each. The way in which this text is written makes it clear that the author(s) was appealing to a community of practitioners, interested in directly applying the law to every day cases.[Lariviere 1989: x]
Matrka (Prolegomena)
#Vyavaharah
#Bhasa
#Sabha
Vyavahārapada (18 Titles of Law)
#
#Nikşepa
#Sambhūyasamutthāna
#Dattāpradānika
#
#Vetanasyānapākarma
#Asvāmivikraya
#
#Krītānuśaya
#Samayasyānapākarma
#
#
#Dāyabhāga
#Sāhasa
#
#
#Dyūtasamāhvaya
#
Notes
References
*
*Olivelle, Patrick. "Dharmasastra: A Literary History"
*
External links
Naradasmriti
English translation by Julius Jolly (1876)
Naradasmriti
One of the three known distinct versions of the Law Book (in Sanskrit)
Nāradasmṛti: IAST-Translit
A SARIT Initiative, The British Association for South Asian Studies and The British Academy
{{DEFAULTSORT:Naradasmrti
Hindu law
Ancient Indian literature
Dharmaśāstra