Social Scientist. v 21, no. 247 (Dec 1993) p. 24.


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24 SOCIAL SCIENTIST

continue to observe their customs, ibid. See the interesting discussion that follows the quotation of Brihaspati's opinion, Ungat, op.cit, pp. 200-06.

107. Kane, HDS, III, p. 199.

108. Mitakshara, on Yay, 1.342-43.

109. Manu, IV. 176; Yfl; 1156; Medh, on Manu, IV. 176; Mitakshara, on Yaj, 11. 117, III. 18.

110. Medh, on Manu, VIII. 1.

111. Medh on Manu VIII. 2.

112. 'Thus, to sum up, a custom was valid if accepted according to Sastric principles:

in derogation from the Sastra a valid custom was binding by Sastric authority;

but the source of the Sastra's authority was the public acceptance of the postulates of Hinduism, and the source of the custom's factual content and applicability was the public desire not to move from the ways of ancestors. Yet in practice, custom was not Static, neither was the umbrella provided by the sastra inelastic.9, Derrett, RLSI, p. 164.

113. 'Dharma means lore (shastra), justice (nyaya) and measures appropriate to the regions (desha samgata vyavastha), Medh, on Manu, VIII, 14, Beng. tr.. Ill, p. 714.



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