History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v1.c5.28
History of Dharmaśāstra (Ancient and Mediaeval Religious and Civil Law in India) v1.c5.28
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- English
v1.c5.28.1
First translated by Dr. Shāma Sāstri and text published in 1909 - other editions - numerous works and articles inspired by the publication of Kauṭilīya Arthaśāstra - Kauṭilīya is oldest extant work on Arthaśāstra - scope of arthaśāstra and relation to dharmaśāstra - arthaśāstra an upaveda of Atharvaveda - purpose of this śāstra - rule in case of conflict between Dharmaśāstra and Arthaśāstra - Cāṇakya, Kauṭilya and Viṣṇugupta are names of the same person - glowing tribute paid to Cāṇakya or Viṣṇugupta by Kāmandakīyanītisāra, Tantrākhyāyikā, Daṇḍin - Bāṇa and Pañcatantra on Kauṭilya as author of Arthaśāstra - Bṛhatkathā of Guṇāḍhya contained his story - Mudrārākṣasa connects his name with Kuṭila - controversy as to whether Kauṭilīya can be the work of a busy minister of Candragupta Maurya - Jolly, Winternitz and Keith hold that extant work is not by the minister of Candragupta - Megasthenes' silence about Cāṇakya explained - whether the Kauṭilīya is the product of a school or of an individual author - Kauṭilya's views cited about 70 times in the work in the third person - explanation of this - Dr. Jolly wrong in his explanation of *apadeśa* (in XV.
v1.c5.28.2
1) - Keith thinks that an author would not parade an uncomplimentary epithet like Kauṭilya (derived from kuṭila) - Is the name Kauṭilya or Kauṭalya - works on gotra and pravara give various forms such as Kauṭali, Kauṭilya and Kauṭili - form, style and contents of the Kauṭilīya - a few verses interspersed in the work, generally at the end - in all 340 verses excluding *mantras* - some verses are certainly quotations - work abounds in numerous technical and rare words - deviations from Pāṇini - summary of contents - section on judicial administration interesting - greatest correspondence between Kauṭilīya and Yājñavalkya - some striking examples - it is Yājñavalkya that borrows - reasons - Yājñavalkya represents a far too advanced stage of juristic principles than Kauṭilya - close agreement between Manu smṛti and Kauṭilya also - but they differ on *niyoga*, as to nomenclature of vyavahārapadas, about heirship of mother and paternal grandmother, on remarriage of widows, divorce, gambling - Kauṭilīya long anterior to the extant Manusmṛti - Kauṭilya's five references to Mānavas explained - references to Svāyambhuva and Prācetasa Manu contained in the Mahābhārata suggest that there were two works in verse on dharma and politics attributed to these or perhaps one work containing both, subsequently recast as the extant Manusmṛti - only two views ascribed to Mānavas in Kauṭilīya not found in extant Manusmṛti - in the dharmasthīya section the only other authors or schools cited are Bārhaspatyas and Auśanasas - none of the dharmasūtras of Gautama and others are anywhere quoted by name - views cited on the question as to whom a child belongs (to the begetter or to him on whose wife it is begotten) can be traced to Baudhāyana, Gautama and Vasiṣṭha - views of Ācāryas cited in the Kauṭilīya - Kauṭilīya later than Gautama and Āpastamba but earlier than extant Manusmṛti - date of Kauṭilīya - it is certainly not later than 2nd century A.
v1.c5.28.3
D. and not earlier than 325 B. C. - schools named by Kauṭilya and also individual authors - views of Ācāryas are quoted over fifty times and Kauṭilya differs in each case - meaning of 'ācāryas' - literature known to Kauṭilya - Sanskrit official language and the work mentions guṇas of composition - Kauṭilīya agrees with Kāmasūtra in several respects - Dr. Jolly and Prof. Keith opine that both works composed about same time - points of difference between the two works - countries and peoples mentioned by Kauṭilya -- silks from Cīna and blankets from Nepal - corporations of Licchavis, Vṛjikas and others mentioned - meaning of ‘rājaśabdopajīvinaḥ’ (in XI-I) - best breeds of horses - Mlecchas sold or pledged children - references to Buddhists and Ājīvakas - weights to be made from stones of Magadha and Mekala - doubtful whether Kauṭilya knew extant text of Mahābhārata - most of the stories cited as illustrations by Kauṭilya occur in the Mahābhārata, but some divergence exists in the case of Janamejaya, Māṇḍavya - Kauṭilya's knowledge of drugs and of rasa (mercury) - references to shrines of Śiva, Skanda &c. - traditional date of 300 B. C. more likely to be correct than 3rd century A. D. approved of by Dr. Jolly and Winternitz - two commentaries on Kauṭilīya, Nayacandrikā of Mādhavayajvan and Pratipadapañcikā of Bhaṭṭasvāmin - sūtras attributed to Cāṇakya - several nīti collections in verse ascribed to Cāṇakya are later than Kauṭilīya.