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Code of Manu (Manusmriti)

Also Known As Laws of Manu · Manava Dharmasastra

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The Manusmriti, or Laws of Manu, is an ancient Sanskrit dharmasastra: a treatise of moral and legal instruction rather than a codified body of law shown ever to have been systematically administered by a state. Composed roughly between 200 BCE and 200 CE, it covers duties, family and property relations, and punishments. Its status as positive law is itself disputed among scholars; David Buxbaum wrote that it does not represent rules ever actually administered, but rather an ideal picture. Its chief modern legal significance owes to the British colonial administration, which from 1794, when Sir William Jones translated it as the Institutes of Hindu Law, treated it as binding legal code and used it as the template for Anglo-Hindu personal law covering inheritance, marriage and caste.

Facts
Open Questions
Promulgated By
unknown
No historical evidence shows state promulgation or administration; traditionally attributed to the sage-lawgiver Manu and treated as authoritative dharmasastra, but scholars including David Buxbaum argue no pre-colonial Hindu kingdom is shown to have administered it as binding law. See this entity's open question.
Era
200 BCE to 200 CE 1
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In Legal System

Sources
1. Manusmriti (Wikipedia)
WikipediaRole as Legal-Religious Code and Colonial-Era Codification sections
Quote, Role as Legal-Religious Code and Colonial-Era Codification sections
it does not represent a set of rules ever actually administered in India. It is in great part an ideal picture.
View the Source
1. Manusmriti (Wikipedia)
WikipediaEra of Composition sectionView the Source
1. Manusmriti (Wikipedia)
WikipediaIn Legal System: Hindu Law, Colonial-Era Codification sectionView the Source
1. Manusmriti (Wikipedia)
WikipediaAssociated With: Indian Legal System, Colonial-Era Codification sectionView the Source
Open Questions (1 open question)
Was the Manusmriti Ever Actually Administered as Law in Pre-Colonial India?

Scholars disagree on whether the Manusmriti was ever actually administered as binding law by a pre-colonial Hindu state, or whether it was always an aspirational, idealized ethical treatise. David Buxbaum wrote that it does not represent a set of rules ever actually administered in India and is in great part an ideal picture, and no historical evidence has been shown of any Hindu kingdom systematically enforcing its provisions. The question is sharpened by the text's own instability, with over fifty inconsistent manuscript versions surviving, and by the fact that its status as law was substantially the product of British colonial administrators, who from 1794 treated it as a legal code for their own administrative purposes and used it to construct Anglo-Hindu personal law.

What would resolve this A documented pre-colonial judicial record or royal decree citing Manusmriti provisions as the operative rule of decision, independent of the later colonial-era Anglo-Hindu law tradition, would show the text was administered as law rather than read as ethical instruction.
Legal HistoryManusmriti (Wikipedia)
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