Dharmkosh Vyavaharkandam Vol 01 Part 02

Author(s): Lakshman Shastri Joshi
Publisher: Prajnapathshala Mandal

Page 9

Preface
We are glad to be able to issue the and assault) (4) ETH(adultery) (5) - second part of the first volume of समाह्वयम् (Gambling and Betting) (6) प्रकीर्णकम् Dharmakos'a to our readers this year. (Miscellaneous). The first part of the first volume dealing From the various Smrti texts that we with the "adjective law' (Vyavahāramāts. have studied, it does not appear that a fixed kā), which was published last year ,forms order was ever intended for these titles. a compendium of texts relating main- They have been arranged differently in ly to judicial procedure and evidence. Manu, Yājñavalkya, Narada and KautiAs in the first part, here also we have liya-arthas'astra. If we exclude the incorporated texts from the Vedas, the 'adjective law' from the chapter on - Mbh., the Rāmāyaṇa, the Puranas, the Ffy in the Kautilīya-arthas'āstra it Arthas'astra and the S'ukranīti along contains only seventeen of the titles; of with the proper Dharmas'ästra texts. This which the one on 'ownership' has been part and the third to be printed will included under 'possession' by the authors cover the entire portion relating to 'titles of the Smsti-texts and the portion on of law (Vyavahārapadani). The titles 'adultery' which appears in the ordinary of law included in this part, barring a titles, has been given a separate chapter few exceptions can very well be regard. namely 071964 in the chapter TTTET ed as constituting the civil law. The by Kautilya and has not been included "titles of law' which will be incorporated in the chapter on the H T. Theft in the third part will be such as might (a ) and Felony (HTC ) have been in. be styled as criminal law. The thirteen cluded in one and the same title and titles of law which have been included the क्षेत्रपथहिंसा relating to स्वामिपालविवाद in this part are as follows: -(1) FUNT figures under are in the Arthas'āstra. (Non payment of debts) (2) 3 TET: (Depu- On the other hand, the titles on "breach sits) (3) FIA : (Sale without owner- of service' and 'miscellaneous which ship)(4) 14 Partnership) (5) - appear in Arthas'āstra do not occur aft (Resumption of gifts) (6) Tai among the eighteen titles of ManuTY191 (Breach of a contract of service) smrti. Yajñavalkya makes no mention (7) A # Non-payment of wages) of the eighteen titles although there are (8) aya : (Transgression of a com. provisions relating to each in his work. pact) (9) #419 ITT: (Rescission of pur- In fact the classification of the text of chase and sale) (10)
F ifa: (Dispu- Yajñavalkaya into the eighteen titles tes between master and herdsman) (11) appears to be entirely the work of the diafale: (Boundary-disputes and land- commentators. Nārada groups 'non-paydisputes) (12) agat: (Duties of men and ment of wages' with "disputes between women) (13) FIGHT: (Inheritance). The master anu herdsman' and 'felony' with third part will contain six titles of law theft'. A separate title bearing the name which will be as follows:-(1) HICH | precautions against thief' (tagu:) (Heinous offence or Felony) (2) FUEL based on ths Nepali Version of the (Theft and robbery)(3) arcus 1 (abuse | Nāradasmrti appears as an appendix in