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es that the dismissal of normative texts is unwise as is believing that the dharmasutras and dharmashastras texts present a uniform code of conduct and there were no divergent or dissenting views 52 the dharmaśāstras edit written after the dharmasūtras these texts use a metered verse and are much more elaborate in their scope than dharmasutras 53 the word dharmaśāstras never appears in the vedic texts and the word śāstra itself appears for the first time in yaska s nirukta text 54 katyayana s commentary on panini s work 3rd century bce has the oldest known single mention of the word dharmaśāstras 54 the extant dharmaśāstras texts are listed below the manusmriti 2nd to 3rd century ce 55 56 is the most studied and earliest metrical work of the dharmaśāstra textual tradition of hinduism 57 58 the medieval era buddhistic law of myanmar and thailand are also ascribed to manu 59 60 and the text influenced past hindu kingdoms in cambodia and indonesia 61 the yājñavalkya smṛti 4th to 5th century ce 55 has been called the best composed and most homogeneous 62 text of the dharmaśāstra tradition with its superior vocabulary and level of sophistication it may have been more influential than manusmriti as a legal theory text 63 64 the nāradasmṛti 5th to 6th century ce 55 has been called the juridical text par excellence and represents the only dharmaśāstra text which deals solely with juridical matters and ignoring those of righteous conduct and penance 65 the viṣṇusmṛti 7th century ce 55 is one of the latest books of the dharmaśāstra tradition in hinduism and also the only one which does not deal directly with the means of knowing dharma focusing instead on the bhakti tradition 66 in addition numerous other dharmaśāstras are known 67 note 3 partially or indirectly with very different ideas customs and conflicting versions 70 for example the manuscripts of bṛhaspatismṛti and the kātyāyanasmṛti have not been found but their verses have been cited in other texts and scholars have made an effort to extract these cited verses thus creating a modern reconstruction of these texts 71 scholars such as jolly and aiyangar have gathered some 2 400 verses of the lost bṛhaspatismṛti text in this manner 71 brihaspati smriti was likely a larger and more comprehensive text than manusmriti 71 yet both brihaspati smriti and katyayana smriti seem to have been predominantly devoted to judicial process and jurisprudence 72 the writers of dharmasastras acknowledged their mutual differences and developed a doctrine of consensus reflecting regional customs and preferences 73 of the four extant dharmasastras manusmriti yajnavalkyasmriti and naradasmriti are the most important surviving texts 74 but states robert lingat numerous other dharmasastras whose manuscripts are now missing have enjoyed equal authority 74 between the three the manusmriti became famous during the colonial british india era yet modern scholarship states that other dharmasastras such as the yajnavalkyasmriti appear to have played a greater role in guiding the actual dharma 75 further the dharmasastras were open texts and they underwent alterations and rewriting through their history 76 contents of dharmasutras and dharmaśāstra edit a facsimile of an inscription in oriya script on a copper plate recording a land grant made by rāja purushottam deb king of odisha in the fifth year of his reign 1483 land grants made by royal decree were protected by law with deeds often being recorded on metal plates all dharma in hindu traditions has its foundation in the vedas 16 the dharmashastra texts enumerate four sources of dharma the precepts in the vedas the tradition the virtuous conduct of those who know the vedas and approval of one s conscience atmasantushti self satisfaction 77 the dharmashastra texts include conflicting claims on the sources of dharma the theological claim therein asserts without any elaboration that dharma just like the vedas are eternal and timeless the former is directly or indirectly related to the vedas 78 yet these texts also acknowledge the role of smriti customs of polite learned people and one s conscience as source of dharma 77 78 the historical reality states patrick olivelle is very different from the theological reference to the vedas and the dharma taught in the dharmaśāstra has little to do with the vedas 78 these were customs norms or pronouncements of the writers of these texts that were likely derived from evolving regional ethical ideological cultural and legal practices 79 the dharmasutra and dharmaśāstra texts as they have survived into the modern era were not authored by a single author they were viewed by the ancient and medieval era commentators states olivelle to be the works of many authors 80 robert lingat adds that these texts suggest that a rich literature on dharma already existed before these were first composed 81 these texts were revised and interpolated through their history because the various text manuscripts discovered in india are inconsistent with each other and within themselves raising concerns of their authenticity 82 83 84 the dharmaśāstra texts present their ideas under various categories such as acara vyavahara prayascitta and others but they do so inconsistently 85 some discuss acara but do not discuss vyavahara as is the case with parasara smriti for instance 86 while some solely discuss vyavahara 72 ācāra edit main article ācāra ācāra आचार literally means good behavior custom 87 88 it refers to the normative behavior and practices of a community conventions and behaviors that enable a society and various individuals therein to function 89 90 vyavahāra edit main article vyavahāra vyavahāra व्यवहार literally means judicial procedure process practice conduct and behaviour 91 92 the due process honesty in testimony considering various sides was justified by dharmaśāstra authors as a form of vedic sacrifice failure of the due process was declared to be a sin 93 94 the vyavahara sections of dharma texts included chapters on duties of a king court system judges and witnesses judicial process crimes and penance or punishment 92 however the discussions and procedures in different dharmasutra and dharmaśāstra texts diverge significantly 92 some dharmaśāstra texts such as that attributed to brihaspati are almost entirely vyavahāra related texts these were probably composed in the common era around or after 5th century of 1st millennium 72 prāyaścitta edit main article prāyaścitta prāyaścitta प्रायश्चित्त literally means atonement expiation penance 95 96 prāyaścitta is asserted by the dharmasutra and dharmashastra texts as an alternative to incarceration and punishment 96 and a means of expiating bad conduct or sin such as adultery by a married person 97 thus in the apastambha text a willing sexual act between a male and female is subject to penance while rape is covered by harsher judicial punishments with a few texts such as manusmriti suggesting public punishments in extreme cases 96 those texts that discuss prāyaścitta states robert lingat debate the intent and thought behind the improper act and consider penance appropriate when the effect had to be balanced but cause was unclear 98 the roots of this theory are found in the brahmana layer of text in the samaveda 99 secondary works edit the dharmasutras and dharmasastras attracted secondary works called commentaries bhashya would typically interpret and explain the text of interest accept or reject the ideas along with reasons why 100 commentaries bhasya on dharmasastras dharmasastra author of commentary manusmriti bhāruci 600 1050 ce 101 medhātithi 820 1050 ce 102 govindarāja 11th century 103 kullūka 1200 1500 ce 103 narayana 14th century 103 nandana 103 raghavananda 103 ramacandra 103 yajnavalkya smriti visvarupa 750 1000 ce vijnanesvara 11th or 12th century most studied apararka 12th century sulapani 14th or 15th century mitramisra 17th century 104 105 narada smriti kalyanabhatta based on asahaya s work 104 105 parashara smriti vidyaranya nandapandita vishnu smriti nandapandita 104 another category of secondary literature derived from the dharmasutras and dharmasastras were the digests nibandhas sometimes spelled nibhandas these arose primarily because of the conflict and disagreements on a particular subject across the various dharma texts 106 these digests attempted to reconcile bridge or suggest a compromise guideline to the numerous disagreements in the primary texts however the digests in themselves disagreed with each other even on basic principles 107 geographically the medieval era digest writers came from many different parts of india such as assam bengal bihar gujarat kashmir karnataka maharashtra odisha tamil nadu and uttar pradesh 108 some important nibandha s are 109 caturvargacintāmaṇi of hemādri composed around a d 1260 1270 kṛtya kalpataru of lakṣmīdhara a minister of the king govindacandra of kanauj nirṇayasindhu of kamalākara bhaṭṭa hi composed around a d 1612 smṛticandrikā of devaṇṇabhaṭṭa a d 1150 1225 smṛtikaustubha of anantadeva grandson of eknāth composed around a d 1645 1695 smṛtiratnākara of caṇḍeśvara ṭhakkura composed around a d 1314 smṛtitattva or commonly referred to as astāviṃśati tattva of raghunandana vīramitrodaya of mitramiśra a d 1610 1640 dāyabhāga of jīmūtavāhana composed around a d 1100 vyavahāra mayūkha bhagavanta bhāskara of nīlakaṇṭha bhaṭṭa cousin of kamalākara bhaṭṭa 17th century smṛtisindhu and its summary tattvamuktāvalī dattaka mīmāṁsā of nandapaṇḍita a d 1580 1630 ṭoḍarānanda of rājā ṭoḍaramal composed around a d 1572 1589 sponsored by the mughal emperor akbar dharmasindhu of kāśīnātha upādhyāya composed around a d 1790 91 the nibandhakāra s discussed almost all aspects of society but specialised in certain topics compared to others topic specialisation of nibandhakāra s subject author of digests general lakṣmīdhara 1104 1154 ce 110 devaṇṇa bhaṭṭan 1200 ce pratāparuda deva 16th century 111 nīlakaṇṭha 1600 1650 112 dalpati 16th century kashinatha 1790 113 inheritance jīmūtavāhana raghunandana adoption nanda paṇḍita 16th 17th century 114 king s duties caṇḍeśvara ṭoḍar mal 16th century 115 judicial process caṇḍeśvara 14th century kamalākara bhatta 1612 nīlakaṇṭha 17th century 112 mitra miśra 17th century women jurists edit a few notable historic digests on dharmasastras were written by women 116 117 these include lakshmidevi s vivadachandra and mahadevi dhiramati s danavakyavali 116 lakshmidevi state west and bühler gives a latitudinarian views and widest interpretation to yajnavalkya smriti but her views were not widely adopted by male legal scholars of her time 117 the scholarly works of lakshmidevi were also published with the pen name balambhatta and are now considered classics in legal theories on inheritance and property rights particularly for women 118 dharma texts and the schools of hindu philosophy edit the mimamsa school of hindu philosophy developed textual hermeneutics theories on language and interpretation of dharma ideas which contributed to the dharmasutras and dharmasastras 119 the vedanga fields of grammar and linguistics vyakarana and nirukta were the other significant contributors to the dharma text genre 119 mimamsa literally means the desire to think states donald davis and in colloquial historical context how to think interpret things and the meaning of texts 119 in the early portions of the vedas the focus was largely on the rituals in the later portions largely on philosophical speculations and the spiritual liberation moksha of the individual 119 120 the dharma texts over time and each in its own way attempted to present their theories on rules and duties of individuals from the perspective of a society using the insights of hermeneutics and on language developed by mimamsa and vedanga 119 120 121 the nyaya school of hindu philosophy and its insights into the theories on logic and reason contributed to the development of and disagreements between the dharmasastra texts and the term nyaya came to mean justice 122 123 influence edit main article hindu law dharmaśāstras played an influential role in modern era colonial india history when they were used as the basis for the law of the land for all non muslims hindus jains buddhists sikhs 12 13 124 in 18th century the earliest british of the east india company acted as agents of the mughal emperor as the british colonial rule took over the political and administrative powers in india it was faced with various state responsibilities such as legislative and judiciary functions 125 the east india company and later the british crown sought profits for its british shareholders through trade as well as sought to maintain effective political control with minimal military engagement 126 the administration pursued a path of least resistance relying upon co opted local intermediaries that were mostly muslims and some hindus in various princely states 126 the british exercised power by avoiding interference and adapting to law practices as explained by the local intermediaries 125 126 127 the colonial policy on the system of personal laws for india for example was expressed by governor general hastings in 1772 as follows that in all suits regarding inheritance marriage caste and other religious usages or institutions the law of the koran with respect to mohamedans and those of the shaster dharmaśāstra with respect to gentoos shall be invariably be adhered to warren hastings august 15 1772 124 for muslims of british india the sharia or the religious law for muslims was easily available in al hidaya and fatawa al alamgir written under the sponsorship of aurangzeb but for non muslims followers of dharmic religions and others such as tribal people and parsis this information was not readily available 125 hence the british colonial officials extracted from the dharmaśāstra the legal code to apply on non muslims for the purposes of colonial administration 128 129 however the hindu laws as designed by the british was solely drawn upon from a single text manusmriti with the commentary of the bengali hindu scholar kulluka bhatta which was widely respected among bengali hindu intermediaries of the british living in the capital of calcutta later british era collections saw increasing importance of canonical texts over secondary sources prevalent customary law in a manner similar to the sola scriptura doctrine 130 the dharmashastra derived laws for non muslim indians were dissolved after india gained independence but indian muslim personal law shariat application act of 1937 continued to be the personal and family law for indian muslims 131 for non muslims a non religious uniform civil code was passed by indian parliament in the 1950s and amended by its elected governments thereafter which has since then applied to all non muslim indians 131 major english translations edit for beginners edit olivelle patrick 1999 dharmasūtras the law codes of āpastamba gautama baudhāyana and vāsiṣṭh...