Theory of Government in Ancient India (Post-Vedic) c7.18

c7.18

Manu, who keeps one eye on his ideals and the other on facts, has to extend the sources of law beyond the sacred texts. He admits that Śruti or the Vedas and Smṛti or tradition (generally embodied in Institutes) constitute the prime authorities never to be questioned. But he goes on to mention two other sources of law—the customs of virtuous men and one's own inclination. Taken together, they all constitute the fourfold means of defining the sacred law.⁴ When two sacred texts conflict, both are held to be law. It is obvious, though Manu does not draw the inference, that the deciding factor is custom or reason. Later, in his chapter on Civil and Criminal Law, he is more explicit: "What may have been practised by the virtuous, by such twice-born men as are devoted to the law, that he shall establish as law, if it be not opposed to the (customs of) countries, families, and castes." Clearly, local and communal custom must always be respected and, for the rest, sound tradition should have its way. Manu also remarks that legal disputes of all sorts should be decided "according to principles drawn from local usages and from the Institutes of the sacred law." Almost in the same breath he advises the judges to depend on "the eternal law" but, in his view, it involves no inconsistency with the observance of local usage.¹