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'''Smriti''' literally "that which is remembered," refers to a body of [[Hinduism|Hindu]] texts usually attributed to an author, traditionally written down but constantly revised, in contrast to [[Śruti]]s (the Vedic literature) considered authorless, that were transmitted verbally across the generations and fixed.<ref name=wendydof>Wendy Doniger O'Flaherty (1988), Textual Sources for the Study of Hinduism, Manchester University Press, ISBN 0-7190-1867-6, pages 2-3</ref>  

'''Smriti''' literally "that which is remembered," refers to a body of [[Hinduism|Hindu]] texts usually attributed to an author, traditionally written down but constantly revised, in contrast to [[Śruti]]s (the Vedic literature) considered authorless, that were transmitted verbally across the generations and fixed.

 

According to Ram Gopal,<ref name=":03">Gopal, Ram. (1959) ''India of Vedic Kalpasutras.'' Delhi : National Publishing House</ref> Dharma is employed in a restricted sense and signifies Smarta Dharma only. The dharma based on established tradition (Smrtis) is called Smarta Dharma founded upon conventional practice (समयाचारः ।Samayachara) is known as Saamayachaarika Dharma (सामयाचारिकान्धर्मा). Thus Dharmasutras propound Dharmas based on tradition or conventional practices, which is the primary difference from the Shrauta and Grhyasutras.

 

 

Questions have been raised stating that anything in the Smrtis not in line with the injunctions of the Veda must be rejected. Many scholars such have Haradatta have argued that though the source of the said Vedic precepts found in the Dharmasutras cannot be traced back to the Vedas, such precepts are based on those Veda shakas which are now hidden or even extinct and that at the time of Manu and other law givers those shakas were available in those times. The fact that such Vedic precepts are practiced now clearly vouch for the former existence of those shakas.<ref name=":02">Gopal, Ram. (1959) ''India of Vedic Kalpasutras.'' Delhi : National Publishing House</ref>

 

While it is established beyond doubt that a number of Veda shakas are extinct, and that quite a few of the precepts discussed in the Sutras may have been derived from them, it cannot be gainsaid that they are the whole and sole source of Dharmasutra precepts. As the society grew over time such an organization cannot sustain without a minimum number of laws, customs and regulations; thus new customs evolved to find solutions to newer problems, bringing about the essential change in dharmas. Hence we see that though the Veda Samhitas and Brahmanas give references to social customs to a limited extent they find free expression in the Sutragranthas. As the society expanded further, the activities increased and so was the systemic administrative laws. Beyond a point the task of systematizing the Smarta Dharmas being enormous required the compilation of handy treatises in the form of Sutragranthas or Sutracharanas as they are also called. The authors of Dharmasutras not only systematized the laws and customs inherited from their ancestors, but also pondered over social, political and theological problems of the day and suggested their solutions in keeping with the spirit of that age.<ref name=":02" />

 

 

== Discussion ==

== Discussion ==

=== Need for a New Law-Code<ref name=":2" /> ===

=== Need for a New Law-Code<ref name=":2" /> ===

It is not possible to follow some of the laws of Manu at the present time. We can follow their spirit and not the letter. As society advances, it outgrows certain laws which were valid and helpful at a particular stage of its growth. Our present society has considerably changed. A new Smriti to suit the requirements of this age is very necessary.   

It is not possible to follow some of the laws of Manu at the present time. We can follow their spirit and not the letter. As society advances, it outgrows certain laws which were valid and helpful at a particular stage of its growth. Our present society has considerably changed. A new Smriti to suit the requirements of this age is very necessary.   

==The Structure of Smriti Texts ==

==The Structure of Smriti Texts ==

The ''Smrti'' texts structurally branched, over time, from so-called the "limbs of the Vedas", or auxiliary sciences for perfecting grammar and pronunciation (part of Vedāngas).<ref name=gavinflood>Gavin Flood (1996), An Introduction to Hinduism, Cambridge University Press, ISBN 978-0521438780, pages 53-56</ref> For example, the attempt to perfect the art of rituals led to the science of ''Kalpa'', which branched into three Kalpa-sūtras: Srauta-sūtras, Grhya-sūtras, and Dharma-sūtras <ref>John E. Mitchiner (2000), Traditions of the Seven Rsis, Motilal Banarsidass, ISBN 978-8120813243, page xviii</ref> The Srauta-sutras became texts describing the perfect performance of public ceremonies (solemn community [[yajna]]s), the Grhya-sutras described perfect performance of home ceremonies and domestic rites of passage, and Dharma-sutras described jurisprudence, rights and duties of individuals in four [[Ashrama (stage)|Ashrama]] stages of life, and social ethics.<ref name=gavinflood/> The Dharma-sūtras themselves became the foundations for a large canon of texts, and branched off as numerous Dharma-sastra texts.<ref name=gavinflood/>

The ''Smrti'' texts structurally branched, over time, from so-called the "limbs of the Vedas", or auxiliary sciences for perfecting grammar and pronunciation (part of Vedāngas).<ref name="gavinflood">Gavin Flood (1996), An Introduction to Hinduism, Cambridge University Press, ISBN 978-0521438780, pages 53-56</ref> For example, the attempt to perfect the art of rituals led to the science of ''Kalpa'', which branched into three Kalpa-sūtras: Srauta-sūtras, Grhya-sūtras, and Dharma-sūtras <ref>John E. Mitchiner (2000), Traditions of the Seven Rsis, Motilal Banarsidass, ISBN 978-8120813243, page xviii</ref> The Srauta-sutras became texts describing the perfect performance of public ceremonies (solemn community [[yajna]]s), the Grhya-sutras described perfect performance of home ceremonies and domestic rites of passage, and Dharma-sutras described jurisprudence, rights and duties of individuals in four [[Ashrama (stage)|Ashrama]] stages of life, and social ethics.<ref name="gavinflood" /> The Dharma-sūtras themselves became the foundations for a large canon of texts, and branched off as numerous Dharma-sastra texts.<ref name="gavinflood" />

Jan Gonda states that the initial stages of Smriti texts structurally developed in the form of a new prose genre named Sūtras, that is "aphorism, highly compact precise expression that captured the essence of a fact, principle, instruction or idea".<ref name=jangonda/> This brevity in expression, states Gonda, was likely necessitated by the fact that writing technology had not developed yet or not in vogue, in order to store growing mass of knowledge, and all sorts of knowledge was transferred from one generation to the next through the process of memorization, verbal recitation and listening in the 1st millennium BCE. Compressed content allowed more essential, densely structured knowledge to be memorized and verbally transferred to the next generation in ancient India.<ref name=jangonda>Jan Gonda (1977), The Ritual Sutras, in A History of Indian Literature: Veda and Upanishads, Otto Harrassowitz Verlag, ISBN 978-3447018234, pages 466-474</ref>

Jan Gonda states that the initial stages of Smriti texts structurally developed in the form of a new prose genre named Sūtras, that is "aphorism, highly compact precise expression that captured the essence of a fact, principle, instruction or idea".<ref name="jangonda" /> This brevity in expression, states Gonda, was likely necessitated by the fact that writing technology had not developed yet or not in vogue, in order to store growing mass of knowledge, and all sorts of knowledge was transferred from one generation to the next through the process of memorization, verbal recitation and listening in the 1st millennium BCE. Compressed content allowed more essential, densely structured knowledge to be memorized and verbally transferred to the next generation in ancient India.<ref name="jangonda">Jan Gonda (1977), The Ritual Sutras, in A History of Indian Literature: Veda and Upanishads, Otto Harrassowitz Verlag, ISBN 978-3447018234, pages 466-474</ref>

===Earliest Smriti on Hindu Law: Dharma-sūtras===

===Earliest Smriti on Hindu Law: Dharma-sūtras===

The root texts of ancient Hindu jurisprudence and law are the ''Dharma-sūtras''. These express that Shruti, Smriti and Acara are sources of jurisprudence and law.<ref name=donalddavis27/> The precedence of these sources is declared in the opening verses of each of the known, surviving Dharma-sūtras. For example,<ref name=donalddavis27/>

The root texts of ancient Hindu jurisprudence and law are the ''Dharma-sūtras''. These express that Shruti, Smriti and Acara are sources of jurisprudence and law.<ref name="donalddavis27" /> The precedence of these sources is declared in the opening verses of each of the known, surviving Dharma-sūtras. For example,<ref name="donalddavis27" />

{{Quote|

{{Quote|

The source of Dharma is the Veda, as well as the tradition [Smriti], and practice of those who know the Veda. – Gautama Dharma-sūtra 1.1-1.2

The source of Dharma is the Veda, as well as the tradition [Smriti], and practice of those who know the Veda. – Gautama Dharma-sūtra 1.1-1.2

|Yajnavalkya Smriti 1.8}}

|Yajnavalkya Smriti 1.8}}

Levinson states that the role of ''Shruti'' and ''Smriti'' in Hindu law is as a source of guidance, and its tradition cultivates the principle that "the facts and circumstances of any particular case determine what is good or bad".<ref name=davidlevinson/> The later Hindu texts include fourfold sources of ''Dharma'', states Levinson, which include ''Atmanastushti'' (satisfaction of one's conscience), ''Sadacara'' (local norms of virtuous individuals), ''Smriti'' and ''Sruti''.<ref name=davidlevinson>David Levinson (2002), Encyclopedia of Crime and Punishment, Volume 1, SAGE Publications, ISBN 978-0761922582, page 829</ref>

Levinson states that the role of ''Shruti'' and ''Smriti'' in Hindu law is as a source of guidance, and its tradition cultivates the principle that "the facts and circumstances of any particular case determine what is good or bad".<ref name="davidlevinson" /> The later Hindu texts include fourfold sources of ''Dharma'', states Levinson, which include ''Atmanastushti'' (satisfaction of one's conscience), ''Sadacara'' (local norms of virtuous individuals), ''Smriti'' and ''Sruti''.<ref name="davidlevinson">David Levinson (2002), Encyclopedia of Crime and Punishment, Volume 1, SAGE Publications, ISBN 978-0761922582, page 829</ref>

===Bhasya on Dharma-smriti===

===Bhasya on Dharma-smriti===