Hindu Law and Custom (Recht und Sitte) c7.7

c7.7

Besides the traditions contained in their holy books, in the Vedas and the Smṛtis, the Brahmanical authors of the Smṛtis themselves recognise as the third source of law the ways of living and the teachings of pious men Sadācāra, Śiṣṭāgama, etc. In connection with law proper particular customs and manners of particular countries, castes and families are often emphasised as standard, of course only so far as they are not opposed to the sacred law.¹ The important position given in this respect to the customary law is certainly thoroughly in conformity with facts and renders it a duty to those who deal with the history of law to search after the traces and survivals of the Indian customary law. This task is all the more important, because the inclination to theorise and the class interest have strongly influenced the Brahmans in their juridical literary activity, so that their rules of law cannot be accepted without criticism. Of course the sources of Indian customary law are scanty. Only for the present day a rich and trustworthy material is at our disposal in the laborious collections of English scholars. For earlier times, besides the reports of Greek, Chinese, Arabic and other foreign observers, occasional data in the epigraphical, historical and poetical literature are particularly valuable.