Jaina Law Bhadrabahu Samhita

Author(s): J L Jaini
Publisher: ZZZ Unknown

Page 25

THE JAINA LAI
the law into one's own hands (Slokas 50-2). We see the gradual rise of the idea of Kant: Freedom and Personality are by birth. Parents cannot make children, because they are persons endowed with freedom, and cannot be things. Parents have only possession of children, not property in them. [Kant: Philosophy of Law, English translation hy Hastie.]
Yet the son is considered to be his parents' property, it would seen, not exclusively or mainly the father's (Slokas 39, 40, 42, 43.) The giver and the taker and the wives of both take part in the giving and taking of a boy in adoption. The interests of an adopted boy are well-guarded. And there is a curious provision in Sloka 92 (giving the adopted son a fourth part on a partition, on the birth of natural son, to his adoptive father) reminiscent of the Quarta Antonina of Roman Law, though this latter refers to adrogation and not to adoption, and to unjust emancipation and not to the birth of & subsequent child to the adopter (Institutes of Justinian, Book I, Title 11, para. 3.]
III. No testamentary power is recognised.
IV. A feature of great importance and at once giving a very great antiquity to the Samhita is the recognition of Intermarriages. The varna-system, as