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Interpreting Law with Mimamsa Sutras: Codified into Rules of Interpretation

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Item Code: HBF238
Author: J. K. Verma
Publisher: Eastern Law House Private Ltd.
Language: English
Edition: 2022
ISBN: 9788171773749
Pages: 254
Cover: HARDCOVER
Other Details 9.00x6.00 inch
Weight 470 gm
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Shipped to 153 countries
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Book Description
Preface

The 6th to 4th Century BCE is remarkable in the ancient Indian history in that it reached the pinnacle of intellect and wisdom led by three outstanding scholars Panini, Jaimini and Kautilya (also known as Chanakya and Vishnugupta) whose works are still relevant and applicable.

Panini's Astadhyayi is the oldest extant Sanskrit grammar containing 3,959 sutras (aphorisms) of Sanskrit morphology, syntax and semantics. Panini is also regarded as father of linguistics.

Kautilya is known for his Arthasastra, a treatise on economics and statecraft including military strategy, foreign policy, internal administration, legal jurisprudence and justice delivery system etc., etc. Even now the defence personnel submit their theses on military strategy based on Kautilya's ideas and obtain PhD degrees. Kautilya is also considered as the first to propound tort law which is still relevant and followed in some form or other.

Jaimini, on the other hand, propounded 2668 sutras (aphorisms) for interpretation of Vedic texts more than 2500 years ago. These are contained in his Mimamsa Sutras also known as Purva Mimamsa or simply Mimamsa.

The basic rules of interpretation apply to all texts - philosophical, religious, literary or legal (with varying approaches according to the subject). However, the Mimamsa sutras having been written in classic (Vedic) Sanskrit with no translation available, no attempt was made to explore their applicability to legal interpretation. It was only in 1905 that K.L. Sarkar, for the first time, in his Tagore Law Lecture showed applicability of these sutras to interpretation of Hindu Law.¹ The sutras were translated in English by H.T. Colebrook and Prof. F. Max Müller, K.M. in late 18th and early 19th Century. The first English translation of the Sutras by an Indian scholar appeared in 1916 (translation by Pandit Ganganath Jha). But this was incomplete only 3 Chapters. Then came the translation of the whole of the Mimamsa Sutras (translation by Pandit Mohan Lal Sandal) in 1923.2 Still owing to the volume of the sutras, being 2668 in number, it was almost impossible to apply them to legal interpretation as a general practice without reducing them to universally identified and acceptable rules.

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