Publisher's Synopsis
Excerpt from The Law of Inheritance: As in the Viramitrodaya of Mitra Misra
It has already been said that in the Institutes of Hindu law no distinction is drawn between positive law on the one hand and laws of morality and religion on the other. But it is to be observed that one of the principles on which that distinction is based at the present day, is wanting in the Hindu idea of Law. According to the modern view, positive laws are rules of conduct set by politi cal superiors to political inferiors, whereas according to the Hindus, laws of every description emanated from the Supreme Being himself. The idea of a political superior amongst the Hindus did not carry with it the power of making laws for the guidance of the community. The function of the king, according to the Hindu notion, is to protect the country from foreign invasion, and to see that the laws are observed, but he is, equally with his subjects, bound to obey the self-same laws. It would have been humiliating to the pride of the intellectual aristocracy of the Brahmans to concede to a king the power of making laws for their guidance.
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