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CONTENTS.
PAGE
LIST OF PRINCIPAL BOOKS &C. USED OR CITED
CHAPTER I.
Recent Madras works upon Hindû law-Unsatisfactory adminis-
tration thereof-Value of Mayne's book-Cunningham's Codelet
-Blunders in it-Servile Sûdras-Three classes of opinions in
respect to Hindû law-Going back to Manu, &c.-The common-
sense Englishman's view-Hindû law for the Bráhmans-A sup-
posed silent revolt against usage-The fifteen false principles-
The Apotheosis of Menu-Harm done by Sir William Jones—
Halhed's Gentoo Code-The Digest-Proposed topics of inquiry
CHAPTER II.
Inquiry must begin with the Dharmaśâstras—The Âryan split into
Kulas-The prose Sûtras-Their probable time-Effect of the
triumph of Buddhism-Pariśishtas-Writing in India-Interval
between the Sûtra era and 'Menu's Code '-Megasthenes' account
of the Indians-Four metrical redactions of Manu-The Java
Code of Menu-The Burmah Code of Menu-Vriddha and Brihan
Manus - Hiouen Thsang's account of India-Fa Hian-The
extinction of Buddhism-Probable age of 'Menu's Code'-Its
object-The Yajnavalkya dharmasastra-Its author-The White
Yajur-Veda-Saivites Yogis-The Smritis-Mâdhava's pious
fraud-Sir William Jones's golden egg-The Indians have no
laws-Anquetil Duperron- Vijñâna-The Mitâxarâ .
CHAPTER III.
Differences between the Smritis-Practices in the North and in the
South-Drinking spirits-Apastambas puritan, Baudhâyanas
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tolerant, doctrines-Marriage, primogeniture, unequal shares, &c.
-Strîdhana-Conflict of authorities-The roots of the law-How
the King should decide disputes-Gautama-Adherence to a
Charana-The quasi-laws of the Charanas - Have they ceased to
operate?—Dharnâ-Traces of it in Marco Polo-The origin of
the Charanas-Surviving Dharmasûtras — Difference between
Kulas and Charanas-The Sâkhâs-The 'black' and 'white
Yajur-Vedas-The Codes of Menu and Yâjñavalkya-Following
the rules of another Sâkhâ-Gautama-The Âpastambîyas—The
Mânavadharmasûtra lost-Yâjñavalkya's Code propounded in
Mithila-The rashness of Colebrooke's assertions about the
Mitâxarâ The Abbé Dubois-The White Yajur-Veda-The
Saiva Agamas-The Lingayets .
46
CHAPTER IV.
The Mânavas a subdivision of the Maitrâyanîyas--Are extinct—
The case of 'Menu's Code '-Medhâtithî-Varadarâjiyam alone
based on Manu-Manu and Nârada-Vijñâneśvara's biography
by Colebrooke-Nothing really known about the author of the
Mitâxarâ-Was Dhâreśvara Dara-Shukoh ?-The Mâdhavîyam
-Difference between it and the Mitâ xarâ-Which should be
preferred ?-Ellis's ultimate choice-The Smriti-Chandrikâ—
The Sarasvativilâsa-The Varadarajîyam-Authority of the
Mitâxarâ-Importance of determining it—No Madras School of
law-The proper use of the modern treatises-The task
69
CHAPTER V.
Law or usage part of religion-Viśas-Vrâtyas-Possible origin of
Buddhism-Jains heretic Buddhists-Jains and Brahmans driven
into South India-Saivites and Vaishnavites-Other sects-
South India Mlechcha-Its religious progress—The Right and
Left Hands-Antiquity of their antagonism-Origin of the
divisions-Are the Panchâla Hindû ?—Their polyandry, region
-The meaning of Drâviḍa—Origin of the Drâviḍas—The Tamils
-The Ândhras-Their civilisation not Brahmanic-Work for
the ethnologist-Ignorance about the Indians-Strata of popu-
lation-Peculiar customs of the Western Coast-Marumakka-
tâyam-Polyandry in South India-Succession in the female
line-Illata-Menarikam-Customs to be investigated
888
The Thessa-Waleme-Position of Tamil women in Ceylon—Subor-
dination of sons-Adoption - Bouchet's letter-Daughters do
not inherit-United families-Division-Fathers' debts--Orphans
-Adoption-Oppâri-Steele's Hindoo castes-Polygamy, re-
marriage, local usages opposed to the śâstras-The Abbé Dubois
-Customs of Mysore-Boulnois and Rattigan's customary law
in the Panjâb-The village communal system-Joint ownership
-The Ghar-jawai-Law in the French Territories-The Ni-
bandhas-Custom-Do Brahmans go by their Śâkhâs ?—We
know nothing about them-Rogerius about marriage - Marco
Polo-Adoption not a religious practice but a natural-Instance
of adoption of a girl-Doctrine of survivorship-The mother and
widow go shares-Duty of performing obsequies-The pinda-
The Hell called Put-Early forms of wills-The Upanayana-
Indians do not live like Brahmans-Concubinage-Incest-
Marriage of widows-The community-An unheard of beastliness 121
CHAPTER VII.
The Mahomedans of South India follow general customs-The
Moplahs-Labis-Revision of law of status-The general law of
Mahomed ans-Laws common to all inhabitants of South India
-Doubt as to the prevalence of the Village System in South
India-The Patriarchal Family-Sanskrit ideas foreign to the
people-No courts of justice in Indian countries-No laws, but
traditional maxims-The Madras Council used to hand over
offenders to the heads of castes-Dharnâ-Lex talionis-The
circle round the debtor-Bringing sin on one's enemy-Chiefs,
heads of castes, Gurus
CHAPTER VIII.
153
Apathy of Rajahs-Normal state of an Indian country-Inde-
pendent action of the castes against Christianity in 1651—
Administration of justice in the eighteenth century-General and
particular customs - Copper-plates at Conjeveram — Results
arrived at The lawyers have made no progress, the Sanskritists
have made much-Sanskrit books to be classified-Usages to be
investigated and compared with the so-called laws-The case of
the non-Brahmans-Nothing to be taken for granted-Importance
of the question of the 'Hands'-Injustice of judicially recog-
nising the customs of the Western Coast alone.
169
CHAPTER IX.
The main object of law-The Indian may hardly do anything-
Factum valet-An enabling Act needed-Natural right of the
Indian to do acts at will-Shifting the burden of proof-Settled
principles to be uprooted-The Madras High Court has set its
face against usage-Sanskrit books to be reported upon by a
commission-District Committees to inquire about customs-
Their information to be worked up and published-Apt equi-
valents for phrases to be avoided-And all terms of art-Parti-
cular inquiry as to the 'house' or family-Rights over things-
Notions of property-Rules to be framed-Customs how to be
judicially investigated-Opinions of Heads of Castes and Gurus
-Registration to be more largely employed-The Family Council
-The Managing Member-Heads of Castes to be officially and
judicially recognised-A Code may be drawn up hereafter.
181
INDEX
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