¹ Cited in Moon, Penderel, Strangers in India (London, 1944), p. 48Google Scholar. For help in pursuing problems of Indian law, see Alexandrowicz, C. H., A Bibliography of Indian Law (Madras, 1958)Google Scholar, a fallible introduction, and Galanter's, Marc review of it in The American Journal of Comparative Law, Vol. 9, No. 2 (Spring, 1960), pp. 303–306Google Scholar, which provides important correctives and additions. See also Szladits, Charles, A Bibliography of Foreign and Comparative Law: Books and Articles in English (New York, 1955)Google Scholar; and Maxwell, William Harold and Brown, C. R., A Complete List of British and Colonial Law Reports and Legal Periodicals, 3rd ed. (Toronto, 1937)Google Scholar. A suggestive recent effort in the comparative law of new nations is Anderson, J. N. D., ed., Changing Law in Developing Countries (New York, 1963)Google Scholar.

² Stephen's, Leslie summing up of his brother's views in Life of Sir James Fitzjames Stephen (New York, 1895), p. 285Google Scholar.

³ “Such agency is too expensive,” wrote Sir Thomas Munro of English justice, “and even if it were not… it is in many cases much less efficient than… the natives'… I have never seen any European whom I thought competent from his knowledge of the language and the people to ascertain the value of the evidence given before him.” Cited by Woodruff, Phillip, The Men Who Ruled India, 2 Vols. (New York, 1954), Vol. 1, “The Founders”, p. 195Google Scholar.

⁴ Cohn, Bernard, “Some Notes on Law and Change in North India”, Economic De velopment and Cultural Change, October, 1959Google Scholar, is very helpful for a specific understanding of the problem in the Indian situation. The difference is not merely one between Indian and western approaches; it is as much a shift from traditional to modern methods of settling disputes.

⁵ Indian legal reformers imply that Indian law might have performed the same function if English legal administration had not petrified high culture law and cut it off from customary law. Jawaharlal Nehru speaks for this critique when he remarks, “The British replaced this elastic customary law by judicial decisions based on the old texts… in the way it was done, it resulted in the perpetuation of the ancient law unmodified by subsequent customs.” See The Discovery of India (New York, 1946), p. 331Google Scholar.

⁶ See Spear, Percival, Twilight of the Moghuls (Cambridge, 1951), pp. 94–95Google Scholar, and Moon, Penderel, Strangers in India (London, 1945)Google Scholar, chapter on law.

⁷ Srinavas, M. N., “The Social System of a Mysore Village”, in Marriott, McKim, ed., Village India (Chicago, 1955), p. 18Google Scholar. See also his “The Study of Disputes in an Indian Village”, in Caste in Modern India and Other Essays (Bombay, 1962)Google Scholar.

⁸ See the account of leadership in Hitchcock, John T., “Leadership in a North Indian Village: Two Case Studies” in Park, Richard and Tinker, Irene, ed., Leadership and Political Institutions in India (Princeton, 1959)Google Scholar.

⁹ Cohn, “Some Notes”, p. 82.

¹⁰ Ibid., p. 83.

¹¹ Judicial Process Among the Barotse of Northern Rhodesia (Manchester, 1955)Google Scholar. As we shall be citing Gluckman's work at several points to bear out the contention that the assumptions of traditional and modern English law differ, it is only fair to point out that Gluckman means to stress the similarities between African and Western law. But he focuses mainly on judicial reasoning, with which we are less concerned here. See especially his chapter 5, p. 224.

¹² Cohn, “Some Notes”, p. 86. Gluckman in “The Case of the Biased Fathery”, in Judicial Process, p. 37, indicates in detail how the tribunal investigates in full all past relations between the feuding parties.

¹³ Srinivas, “The Study of Disputes”, in Caste in Modern India, p. 115.

¹⁴ “Eventually a compromise will be suggested, and even though it may be more favorable to one party, as long as it can be defended as a compromise in the rhetorical sense, both parties seem to be satisfied.” Cohn, “Some Notes“, p. 86.

¹⁵ Cited in Cohn, , “From Indian Status to British Contract”, Journal of Economic History, December, 1961, pp. 617–618Google Scholar.

¹⁶ Writing on the first civil officer at Tenasserim in 1825, J. S. Furnival noted: “Mr. Maingy was quite unable to fathom the Burmese judicial system. In his view legal proceedings were meant to ascertain disputed facts and arrive at a logical decision on them according to fixed legal principle; he failed to understand that Burmans went to court to find a man of wisdom and authority who could help them in arriving at an amicable settlement of their disputes….” Colonial Policy and Practice, American ed. (Cambridge, 1957), p. 31Google Scholar. Gluckman reports that judges regularly gave lectures to both sides.

¹⁷ For a full discussion of the problem of political rhetoric in India, including consensus rhetoric, see Morris-Jones, W. H., “India's Political Idioms”, in Philips, C. H., ed., Politics and Society in India (London, 1963)Google Scholar.

¹⁸ For a discussion, see Gupta, N. S. in his Sources of Law and Society in Ancient India (Calcutta, 1914)Google Scholar.

¹⁹ Philip Mason has written a novel which admirably illustrates the problem. Call the Next Witness (New York, 1946)Google Scholar.

²⁰ Sir Thomas Munro argued, for example, that the separation of the offices of Collector and Magistrate, rational in terms of separation of function theory, made no sense for the villager's pocketbook, as it forced him to travel twice where once might do. “The vakils (agents),” Derrett observes, “who soon became available to represent clients ousted the parties who had formerly appeared in person or through relations or well-placed patrons. The latter acted gratuitously but the former required to be paid and learnt how to protract litigation.” Derrett, J. D. M., “The Administration of Hindu Law by the British”, Comparative Studies in Society and History, Vol. IV (1961–62), p. 23Google Scholar.

²¹ Srinivas, “Social System”, p. 18.

²² In Firminger, W. K., Historical Introduction to the Bengal Portion of the Fifth Report, 2 Vols. (Calcutta, 1917), Vol. 2, appendix 10, p. 592Google Scholar. Strachey, the Midnapore magistrate, provided a more thoughtful and informed reply than the other courts. It represents a very good contribution to the raw materials of legal sociology.

²³ Shore, Frederick John, Notes on Indian Affairs (London, 1837), pp. 238–239Google Scholar.

²⁴ Hunter, W. W., in his The Annals of Rural Bengal, 3rd ed. (London, 1868)Google Scholar, takes strong issue with the “litigiousness” judgment. “If we consider the innumerable sources of dispute which petit culture, with its minute subdivision of property and multiplicity of tenures, gives rise to… the… number is by no means excessive….” p. 340. For Munro's ideas, see Major-General Sir Thomas Munro, edited by Sir Arbuthnot, Alexander J., 3 Vols. (London, C. Kegan Paul and Co., 1881), p. 80Google Scholar.

²⁵ Srinivas, “The Social System”, p. 18.

²⁶ Harold Levy speaks of a “second strike capacity” in the context of a discussion of how some Punjabis used the British criminal law to threaten disastrous retaliation should the power balance between feuding families be altered by murder. See Levy, Harold, Rapporteur, , Report of the Conference on South Asian Law held at the University of Chicago, May 31-June 1, 1963 (Chicago, South Asia Area and Language Center, University of Chicago, May, 1964). Mimeo, p. 16Google Scholar.

²⁷ See Bailey's, F. G. account of the means used by Boad outcastes to circumvent the traditional tribunals. Caste and the Economic Frontier (Manchester, 1957), pp. 220–224Google Scholar.

²⁸ The Fifth Report, Vol. II, Appendix 10, p. 648. Bernard Cohn reports that between 1795 and 1850 in the Benares region district judges overwhelmingly based their decisions on what official documents were brought forth, testimony being regarded as invariably perjured. “From Indian Status”, p. 624.

²⁹ E. M. Forster in Passage to India makes clear that if the stakes were high enough “false witness” could be a two-way street. “… at a time like this,” District Superintendent of Police, Mr. McBryde, tells Fielding, “there's no room for — well — personal views. The man who doesn't toe the line is lost… He not only loses himself, he weakens his friends. If you leave the line, you leave a gap in the line. These jackals [the Indian friends of Aziz, the accused]… are looking with all their eyes for a gap.” London, 1947, Pocket Edition, p. 179.

³⁰ The “cheating” scandal at the Air Force Academy in January, 1965 illustrated very nicely the conflict between the moral imperatives of civic virtue and human sentiments by pitting the claims of the Academy's “honor” system against those of not “ratting” on one's friends and classmates. One father publicly defended his son for not “ratting” but was denounced for defending the standards of the “underworld”.

³¹ “At this stage” (from 1772, when Hastings ordered that Hindu and Muslim law be applied in British courts), J. D. M. Derrett writes, “the first misconception obtrudes itself. The relationship between custom and dharmasastra was taken for granted.” The judges were directed to refer only to the dharmasastra. “… Hastings and his contemporaries… were gravely misled… Non-Brahmans admitted that Brahmans were the expounders of law, and that the Hindu religion required obedience to the dharmasastra which the Brahmans alone knew… It was nearly a century before the mistake was generally recognized…” “…Hindu Law…”, pp. 24–25, 28. Elsewhere he observes that Hastings “had obviously been advised that… the law of the Hindus must be ascertained from sastric texts… and no steps were taken to collect evidence of local or caste custom.” Derrett, J. D. M., “Sanskrit Legal Treatises Compiled at the Instance of the British”, Zeitschrift fiir Vergleichende Rechtswissenschaft, Vol. 63 (1961), pp. 79–80Google Scholar.

³² Cited in Sir Ilbert, Courtney, The Government of India, 3rd ed. (London, 1915), p. 355Google Scholar.

³³ As in the idea that a first son's inheritance was connected with his sacred obligations to his father's spirit, and his inheritance hence fell into doubt if the son was unable or unwilling to perform these, an idea which Mayne believed to be a Brahmanic embroidery on a secular idea. See A Treatise on Hindu Law and Usage, 9th Rev. ed., ed. by Coutts-Trotter, V. M. (Madras, 1922)Google Scholar.

³⁴ See Steele, Arthur, Summary of the Law and Custom of the Hindu Castes within the Dekhun Provinces (Bombay, 1827)Google Scholar. Sir Rankin, George C. reports in his Background to the Indian Law (Cambridge, 1946)Google Scholar, that other divergencies are to be found: in the great varieties of castes and sects that exist in practice, by contrast with the simplified four Varna system of the classics; the small and irregular punishments enforced by the customary caste assemblies; and significantly, the disregard for legal restrictions as to caste in trade and taking interest, p. 148.

³⁵ For the development of the idea of Sanskritization see M. N. Srinivas, “A Note on Sanskritization and Westernization”, in Caste in Modern India.

³⁶ Marc Galanter puts the relationship very nicely when he observes that it is “not that of superior to subordinate in a bureaucratic hierarchy. It is perhaps closer to the relations that obtain between Paris designers and American department store fashions or between our most prestigious universities and our smaller colleges than to anything in our legal experience.” “Hindu Law and the Development of the Modern Indian Legal System”, Paper delivered at the Annual Meeting of the American Political Science Association, Chicago, Illinois, September 9–12, 1964. Mimeo. p. 7.

³⁷ Outlines of an History of the Hindu Law of Partition, Inheritance and Adoption (Tagore Law Lectures, 1883) (Calcutta, 1885), p. 32Google Scholar.

³⁸ For a detailed description of the compilation and translation (by Halhed) of A Code of Gentoo Laws, or, Ordinations of the Pundits, first printed in London in 1776 and reprinted in 1777 and 1781, and the “digest”, supervised by Sir William Jones, compiled by Jaganathan (as Vivada-bhangarnava or Ocean of Resolution of Disputes) and translated by Colebroke, see J. D. M. Derrett, “Sanskrit Legal Treatises…”, pp. 85–94.

³⁹ Kane, P. V., History of Dharmasastra, 5 vols. (Poona, 1930), Vol. I, pp. 287–288Google Scholar.

⁴⁰ See Mayne, Treatise, 11th ed., pp. 44–54, for supplementary authorities.

⁴¹ Elphinstone in western India tried not to ignore custom when in the early nineteenth century he assumed administrative responsibility for Britain's recently acquired possessions there. “Yet even in Bombay,” Derrett writes, “the sastra under the British made advances over custom, despite explicit protection of the latter.” Jonathan Duncan in Malabar also tried to advance custom over the sacred texts of the high culture in the administration of the law. “… he believed Brahman pandits of value only in matrimonial and caste cases, and that Codes of dharmasastra were useful for checking reports of custom.” See J. D. M. Derrett, …Hindu Law…”, p. 28 and note 65.

⁴² Rankin, Background, p. 154. Muslim custom was not given clear legal recognition until 1913. Ibid., p. 6.

⁴³ They also found considerable difficulty in distinguishing between legal and moral commandments, a difficulty with which they recapitulated the experience of archaic law elsewhere. Mcnaghten, W. H., Principles and Precedents of Hindu Law, 2 Vols. (Calcutta, 1829)Google Scholar, Vol. I, p. vi.

⁴⁴ Treatise, 9th ed., p. 43. Derrett probably goes too far when he describes the native referees assigned in the eighteenth century to the new courts as “sources of customary law,” “…Hindu Law…” See pp. 24–25.

⁴⁵ Ibid., p. 44. See also Mcnaghten, Principles, p. v.

⁴⁶ See above, note 41.

⁴⁷ Lloyd Fallers remarks that “At least a dozen distinct customary legal systems exist there, [In Uganda which, he says, is no exception to the pattern in Africa] along with elements of British, Indian, and Islamic law — all under the ultimate jurisdiction of the superordinate magistrate's courts and the High Court.” “Customary Law in the New African States”, Law and Contemporary Problems, Vol. XXVII, 4 (Autumn, 1962), p. 616Google Scholar. See also Max Rheinstein's discussion of “legal problems of pluralism” in “Problems of Law in the New Nations of Africa”, in Geertz, Clifford, ed., Old Societies and New States (London, 1963), pp. 222–236Google Scholar.

⁴⁸ These were earlier disputed. F. W. Ellis wrote long ago that “the law of the smritis, under various modifications has never been the law of the Tamil and cognate nations.” See Sir Strange, Thomas, Hindu Law, 2 vols. (London, 1830), vol. 1, p. 163Google Scholar. A. C. Burnell supported the same proposition, and apparently influenced J. H. Nelson's accounts.

⁴⁹ Village Communities in East and West (New York, 1876), p. 52Google Scholar. For a jaundiced view of Maine and his contribution see J. D. M. Derrett, “Sir Henry Maine and Law in India: 1858–1958”, The Judical Review: The Law Journal of the Scottish Universities, 1959, pp. 40–55Google Scholar.

⁵⁰ A few of the important ones were: Tupper, C. L., Punjab Customary Law, 3 vols. (Calcutta, 1881)Google Scholar. Thurston, E., Castes and Tribes of Southern India, 7 vols. (Madras, 1909)Google Scholar. Risley, H. H., Tribes and Castes of Bengal — Ethnographic Glossary (Calcutta, 1891)Google Scholar. Crooke, William, Tribes and Castes of the North-West Provinces and Oudh (Calcutta, 1896)Google Scholar. Manuals of Customary Law in U. P. and Punjab were issued by government authority and served as evidence in the courts.

⁵¹ Nelson, J. H., View of the Hindu Law as Administered by the High Court of Madras (Madras, 1877)Google Scholar. A Prospectus of the Scientific Study of the Hindu Law (Madras, 1881)Google Scholar. Indian Usage and Judge-made Law in Madras (London, 1887)Google Scholar.

⁵² Indian Usage, p. 7.

⁵³ View, p. 147.

⁵⁴ Mayne, Treatise, in the preface to the first edition of this work describes such attempts in Malabar.

⁵⁵ Cited in Nelson, Judge-made Law, pp. 7 and 8. J. D. M. Derrett discusses Nelson's career and views in “J. H. Nelson: A Forgotten Administrator Historian of India”, in Philips, C. H., Historians of India, Pakistan and Ceylon (London, 1961)Google Scholar.

⁵⁶ Crosskey, William W., Politics and the Constitution in the History of the United States (Chicago, 1953)Google Scholar.

⁵⁷ Jolly, Outlines, p. 32.

⁵⁸ Treatise, 9th ed., p. 1.

⁵⁹ Treatise, 11th ed., p. 5.

⁶⁰ Ibid., for instance, pp. 5 and 87.

⁶¹ Ibid., p. 1.

⁶² Sir Henry Maine Ancient Law, Everyman ed., p. 156. Roscoe Pound (in The Ideal Element in Law. - Tagore Law Lectures, 1948, Calcutta, 1958Google Scholar, ch. 6) deals with related issues in his discussion of the rise of free self assertion in the law of the seventeenth to eighteenth centuries. The treatment supports the proposition that much that appears to the superficial eye as differences between Indian and “western” law is a difference of stages. For a recent assertion that the development of law in India is more a matter of historical stages than “East-West” effect see Freeman, H. A., “An Introduction to Hindu Jurisprudence”, American Journal of Comparative Law, Vol. VIII, No. 1 (1949)Google Scholar. See also footnote 49.

⁶³ See Misra, B. B., The Indian Middle Classes (London, 1961), pp. 162–175Google Scholar.

⁶⁴ Cited in H. H. Dodwell, ed., Cambridge History of India, 6 Vols., 1st Indian Reprint (Delhi, no date). However, Indian legal officers were attached to all courts from the district through the Supreme Court at Calcutta by the Regulation of 1793.

⁶⁵ Steps were also taken at this time to make the administration of criminal justice more rational and more humane. In 1790, intent rather than the weapon used was made the criterion of offense. Amputation as punishment was abolished in 1791, the disability of non-believers to testify was abolished in 1792. See Sarkar, U. C., Epochs in Hindu Legal History (Vishveshvaranand Institute Publication, No. 8) (Hoshiarpur, 1958), p. 348Google Scholar, fn. 6 and 7.

⁶⁶ See footnote 32.

⁶⁷ See J. D. M. Derrett, “… Hindu Law …”, p. 24, “Sanskrit Legal Treatises …”, p. 83.

⁶⁸ Derrett, “… Hindu Law …”, p. 25–6.

⁶⁹ Derrett, “Sanskrit Legal Treatises …“, p. 41.

⁷⁰ Sections 60 and 93 of the Regulation of 5 July 1781. The regulation was drafted by Sir Elija Impey. For the history of regulations and law in British times, see Rankin, Background; Sir Courtney Ilbert, The Government of India.

⁷¹ Cited in Sarkar, Epochs, p. 378. Derrett observes rather enigmatically that “it is not to be supposed that it [the regulation] was not intended to establish a fundamental source of law“. “… Hindu Law…“, p. 25. See also his “Justice, Equity and Good Conscience”, in Anderson, Changing Law.

⁷² Principles and Precedents of Moohummudan Law (Calcutta, 1825)Google Scholar, cited by Derrett, “Sanskrit Legal Treatises…“ at p. 76.

⁷³ Sir Shore, John, Memoirs of… Sir William Jones (London, 1804), pp. 276–277Google Scholar, in Ibid., p. 94.

⁷⁴ Derrett, “… Hindu Law …“, p. 44.

⁷⁵ Dispatch No. 44 of December, 1834, by the Board of Directors of the East India Company has been attributed to him.

⁷⁶ Montague, F. C., ed., A Fragment on Government, by Bentham, Jeremy (London, 1951), pp. 56–57Google Scholar. See also letter from Bentham to Dundas, 20 May 1793, offering his services with respect to Indian legislation; also the “Essay on the Influence of Time and Place in Matters of Legislation”, in which Bentham considers what modifications were required in order to transplant his system of law codes to Bengal, and other evidence cited in Stokes, Eric, The English Utilitarians in India (London, 1959), p. 51Google Scholar and footnotes. Bentham believed, however, that English judicial procedure should not be transplanted. See “Essay on the Influence…“ in Bowring, J., ed., The Works of Jeremy Bentham, 11 Vols. (London, 1843), I, pp. 187–8Google Scholar.

⁷⁷ Cited in Rankin, Background, p. 139.

⁷⁸ Sarkar, Epochs, pp. 351–2.

⁷⁹ Although both Company and Crown approached the alteration of personal law with great caution, the changes that were made in it had very important consequences. Changes in the criminal law, while of considerable significance, had less impact on society and morality. New laws touching business, although they did help foster the growth of trade and industry, did not conflict sharply with existing practice. The Indian contract law was thought by Englishmen to rest upon common sense, by contrast, for example, with the law of inheritance, which appeared to depend on conventional rules. English legal authorities, like Colebrooke, Mcnaghten and Strange were all struck by the similarities between English and Indian contract law, and attributed them to this factor. Rankin, who endorses this view, discusses the problem at some length. Background, pp. 88–92.

⁸⁰ The decision was not easily made. A series of attempts at regulating and rationalizing the practice preceded abolition. Some of these attempts can be followed in Ballhatchet, Kenneth, Social Policy and Social Change in Western India, 1817–1830 (London, 1957)Google Scholar.

⁸¹ Minute of November 8, 1829. It is conveniently available in Boulger, D. C., Lord William Bentinck (Rulers of India series) (London, 1892), p. 111Google Scholar.

⁸² Cited in Ilbert, The Government, p. 358. Also see Khunnilal v. Govind Krishna (1911) 33AII, 356; Chedambaram v. Ma Nyein Me (1948), G. Rang. — Act III of 1872 strengthened this trend in that it allowed marriages to be celebrated between individuals of different faiths, provided, however, they in fact foreswore their previous faiths, declaring they were neither Muslim nor Hindu nor Christian. Act XXX of 1923 made it possible for Hindus to contract marriages without ceasing to be Hindus. But intercaste marriages were not validated until the Hindu Marriages Validity Act (XXI) of 1949. By contrast, Nepal today explicitly bans conversion from Hinduism. The constitution provides that “every citizen, subject to the current traditions, shall practice and profess his own religion as handed down from ancient times”, and the state bans conversion. New York Times, Feb. 22, 1965. — J. D. M. Derrett has pointed out that under the Hindu Code acts passed since independence there are penalties for conversion: i.e. aconverting Hindu is liable to be divorced by his wife, lose the right to give his child in adoption or be its guardian, may forfeit claims to maintenance, and deprive his child of the right of inheritance from unconverted relations. “Statutory Amendments of the Personal Law of the Hindus since Indian Independence”, American Journal of Comparative Law (1958), 380, 83–85Google Scholar.

⁸³ D. G. Tendulkar, Mahatma. Life of Mohandas Karamchand Gandhi, 8 Vols., Vol. I, p. 63.

⁸⁴ Whether these arrangements hindered economic growth remains a mute question. There is some evidence that the new professionals favored investment in land, a traditional form of investment which probably had little effect on economic growth. The evidence, however, is still inadequate. Certainly no unvarnished argument that the joint family restrains economic development by smothering individual initiative will do. The joint family units of the business community by concentrating capital may often have made risk-taking and entrepreneurial diversification more rather than less feasible.

⁸⁵ Hindu Gains of Learning Act (XXX), 1930.

⁸⁶ Beer Pertab v. Rajender Pertab (1867) 12 MIA, 137. Act XXI of 1870 (Hindu wills). Act V of 1881 and Indian Sucession Act (1865).

⁸⁷ Sir Francis Dupre Oldfield, “Law Reform”, in H. H. Dodwell, ed., Cambridge History of India, Vol. 6.

⁸⁸ Madras in 1862, Bombay in 1873.

⁸⁹ Like Holt Mackenzie's arrangements for the Northwest Provinces, or R. K. Pringle's for Bombay. See Cambridge History, Vol. 6, p. 81, and Eric Stokes, The English Utilitarians, p. 133.

⁹⁰ Villages in northern and western India, for example, collectively held by kinship groups, were particularly hard hit. Some officials, like Byrd and MacKenzie, were aware of this problem and sought to cushion the consequences of the sales law by giving the kin a right to preempt defaulting property.

⁹¹ See Cohn, Bernard, “The Initial British Impact on India; A Case Study of the Benares Region”, Journal of Asian Studies, No. 4, August 1960Google Scholar. The study indicates that in the Benares region about forty per cent of the land had changed hands by midcentury. See also Thomas Munro's minute against allowing revenue officials to purchase lands sold for arrears at public auction. Board of Revenue, August, 1825, in Gleig, G. R., The Life of Major General Sir Thomas Munro, Bart, 3 Vols. (London, 1830), Vol. II, pp. 413–421Google Scholar. See also the chapter “The Landed Middle Classes”, in B. B. Misra, The Indian Middle Classes, and Kaye, J. W., The Administration of the East Indian Company (London, 1853), p. 241Google Scholar.

⁹² Leslie Stephen summarizing his brother's views in the Life, p. 285.

⁹³ “Upon the destruction of the family perish the immemorial holy laws of the family; when the laws have perished, the whole family lawlessness overwhelms also…“ Edgerton, Franklin, ed., and translator, The Bhagavat Gita (Harvard Oriental Series), 2 Vols. (Cambridge, 1952), Vol. I, stanzas 40–42Google Scholar.

⁹⁴ Herman Somers has pointed out to us that the social security function may well have been exaggerated, as the statistics show that few aged survived to be cared for in the older society.

⁹⁵ See, for example, Derrett, J. D. M., Hindu Law, Past and Present (Calcutta, 1957)Google Scholar and his “Statutory Amendments”; Galanter, Marc, “The Problem of Group Membership: Some Reflections on the Judicial View of Indian Society”, The Journal of the Indian Law Institute, Vol. IV, No. 3 (July-Sept. 1962), pp. 331–58Google Scholar, and Setalvad, M. C., The Common Law In India (London, 1960)Google Scholar.