Dharmaśāstra
[2][3] The textual corpus of Dharmaśāstra were composed in poetic verse,[4] and are part of the Hindu Smritis,[5] constituting divergent commentaries and treatises on ethics particularly duties, and responsibilities to oneself and family as well as those required as a member of society.
These Vedic branches split into various other schools (shakhas) possibly for a variety of reasons such as geography, specialization and disputes.
[15] The Vedangas were ancillary sciences that focused on understanding and interpreting the Vedas composed many centuries earlier, and included Shiksha (phonetics, syllable), Chandas (poetic metre), Vyakarana (grammar, linguistics), Nirukta (etymology, glossary), Jyotisha (timekeeping, astronomy), and Kalpa (ritual or proper procedures).
[21][22] The extant Dharmasutras are written in concise sutra format,[23] with a very terse incomplete sentence structure which are difficult to understand and leave much to the reader to interpret.
[19] The Dharmasastras are derivative works on the Dharmasutras, using a shloka (four 8-syllable verse style chandas poetry, Anushtubh meter), which are relatively clearer.
[19][4] The Dharmasutras can be called the guidebooks of dharma as they contain guidelines for individual and social behavior, ethical norms, as well as personal, civil and criminal law.
The basic texts are composed in an aphoristic style known as the sutra which literally means thread on which each aphorism is strung like a pearl.
[24] The Dharmasūtras are composed in sutra style and were part of a larger compilation of texts, called the Kalpasūtras which give an aphoristic description of the rituals, ceremonies and proper procedures.
[25] The sūtra tradition ended around the beginning of the common era and was followed by the poetic octosyllable verse style called the śloka.
[26] Moreover, Gautama and Vasiṣṭha are ancient sages related to specific vedic schools and therefore it is hard to say whether they were historical authors of these texts.
[39] The structure of the Dharmasūtras begin with the vedic initiation of a young boy followed by entry into adulthood, marriage and responsibilities of adult life that includes adoption, inheritance, death rituals and ancestral offerings.
[40] Ollivelle suggests that these changes may be because of chronological reasons where civil law increasingly became part of the king's administrative responsibilities.
[42] The term Dharma also includes social institutions such as marriage, inheritance, adoption, work contracts, judicial process in case of disputes, as well personal choices such as meat as food and sexual conduct.
[45] Āpastamba asserted that it is difficult to find absolute sources of law, in ancient books or current people, states Patrick Olivelle with, "The Righteous (dharma) and the Unrighteous (adharma) do not go around saying, 'here we are!
[46] Āpastamba also asserted in verses 2.29.11–15, states Olivelle, that "aspects of dharma not taught in Dharmasastras can be learned from women and people of all classes".
[72] The writers of Dharmasastras acknowledged their mutual differences, and developed a "doctrine of consensus" reflecting regional customs and preferences.
[74] Between the three, the Manusmriti became famous during the colonial British India era, yet modern scholarship states that other Dharmasastras such as the Yajnavalkyasmriti appear to have played a greater role in guiding the actual Dharma.
[78] These were customs, norms or pronouncements of the writers of these texts that were likely derived from evolving regional ethical, ideological, cultural and legal practices.
[93][94] The Vyavahara sections of Dharma texts included chapters on duties of a king, court system, judges and witnesses, judicial process, crimes and penance or punishment.
[95][96] Prāyaścitta is asserted by the Dharmasutra and Dharmashastra texts as an alternative to incarceration and punishment,[96] and a means of expiating bad conduct or sin such as adultery by a married person.
[96] Those texts that discuss Prāyaścitta, states Robert Lingat, debate the intent and thought behind the improper act, and consider penance appropriate when the "effect" had to be balanced, but "cause" was unclear.
[99] The Dharmasutras and Dharmasastras attracted secondary works called commentaries (Bhashya) & would typically interpret and explain the text of interest, accept or reject the ideas along with reasons why.
[107] Geographically, the medieval era digest writers came from many different parts of India, such as Assam, Bengal, Bihar, Gujarat, Kashmir, Karnataka, Maharashtra, Odisha, Tamil Nadu, and Uttar Pradesh.
[117] The scholarly works of Lakshmidevi were also published with the pen name Balambhatta, and are now considered classics in legal theories on inheritance and property rights, particularly for women.
[118] The Mimamsa school of Hindu philosophy developed textual hermeneutics, theories on language and interpretation of Dharma, ideas which contributed to the Dharmasutras and Dharmasastras.
[119][120] The Dharma-texts, over time and each in its own way, attempted to present their theories on rules and duties of individuals from the perspective of a society, using the insights of hermeneutics and on language developed by Mimamsa and Vedanga.
[122][123] Dharmaśāstras played an influential role in modern era colonial India history, when they were used as the basis for the law of the land for all non-Muslims (Hindus, Jains, Buddhists, Sikhs).
As the British colonial rule took over the political and administrative powers in India, it was faced with various state responsibilities such as legislative and judiciary functions.
[126] The administration pursued a path of least resistance, relying upon co-opted local intermediaries that were mostly Muslims and some Hindus in various princely states.
[125][126][127] The colonial policy on the system of personal laws for India, for example, was expressed by Governor-General Hastings in 1772 as follows, That in all suits regarding inheritance, marriage, caste and other religious usages or institutions, the law of the Koran with respect to Mohamedans, and those of the Shaster [Dharmaśāstra] with respect to Gentoos shall be invariably be adhered to.
