I came across the chapter with the above title in the book The Perspective, A Collection of Articles of Dattopant B. Thengadi, published by Sahitya Sindhu, Bangalore in 1971.
This book was given as a present to me By Mr. K. Udaya Sanker, a Medicine student at that time in Kakinada (in 1974 or so).
The attitude of Hindu Dharma towards different religions has enabled it to become a Confederation of all religions. Similarly its attitude towards Law has helped it to become a Vishva Dharma.
The growth of Hindu Law: Firstly, the four vedas and their six subsidiary sciences. Then the Dharma Shastras.
The compilers of Dharma Shastras flourished during different periods.
They were Manu, Atri, Vishnu, Harita, Yajnavalkya, Usanas, Angiras, Yama, Apastamba, sambarta, Katyayana, Brhaspati, Parasara, Vyasa, sankha, Likhita, Daksha, Gautam, Satatapa, and Vasishta.
Other ancient sources being the Meemamsa, the Nyaya and the Puranas.
The Smritis, the current usage, good conscience-in absence of any other guide-and desire resulting from thorough deliberation are also important as sources of Hindu Law.
I noticed in the article the statement, it is curious to note that the above authorities have been considerably overshadowed by subsequent commentaries or digests (Nibandhas). The work of compiling Nibandhas was going on from the ninth to the nineteenth century. The last Nibandha, i.e., Vivada-Bhangarnav or Vivadarnava-setu was compiled at the request of Warren Hastings.
These Nibandhas have given rise to different schools of Hindu Law governing different parts of the country, such as, the Dayabhaga School governing Eastern parts, the Southern School governing almost the entire area of the former Madras Presidency, the Banaras School governing whole of Northern India including Orissa but excluding Mithila and Punjab; the Mithila School governing the tract of land bounded by the three rivers, Gandaka, Kosi, and Ganges; the Western School governing Maharashtra, Berar, North Kanara and Sindh; and the Punjab School governing Pubjab.
It is interesting to note the statement, Smritis do not repeal the other Smrities. All Smrities are sources of law. Another interesting feature of Hindu Law is the fact that in case of any inconsistency between the usage and the Smriti, the usage is supposed to carry with it greater validity.
Our society contained within ints bosom various stratas of civilisation and within the framework of Hindu socio economic order every strata was free to follow its own usages
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