THE POST- SMRITI PERIOD

Mimamsa (INTERPRETATION)
SCIENCE = systematic methodology based on evidence
The Mimamsa, the science of interpretation with the use of TARKA SHASTRA
(logic)
It explained the conflicting/ contradictory provisions contained in Smritis and
ambiguity/ doubt of Sutras
MAHARISHI JAIMINI was the greatest promoter of Mimamsa.

NIBANDHAS and TIKAS (COMMENTARIES and DIGESTS)

 COMMENTARIES = clarification/ explanation/Narration /description
DIGESTS= Summary/ Process/ absorb/ understand
 The important works on the law
 which directly helped in the interpretation, development and practical
application of law and the administration of justice are Nibandhas and
Tikas
 Nibandhas and Tikas are written by eminent jurists from time to time with
necessary implementation to fulfill the requirements of a changing society.
 Among the commentaries/ Nibandhas,
 Mitakshara is a commentary on Yajnavalkya Smriti written by Vijnaneswara
 Dayabhaga was written by Jimutavahana 
 It was composed in btw 11th and 12th centuries.
 Most families of Bengal and Assam follow the rules of Dayabhaga
While the rest of India generally follows Mitakshara
  Dayabhaga of Jimutavahana suspended it (Nibandhas) in the matter of
inheritance and partition etc.
 The Mitakshara system was adopted with certain local variation as
considered necessary to suit the requirements of the area.

Several commentaries come to be written on Mitakshara itself like 

1. Subhodini by Visweswara Bhatta 

2. Banabhatta by Balaam Bhatta 
3. Vaijayanti & Dattaka Mimamsa by Nanda Pandita.

The entire Law of Adoption as laid down by the Privy Council (EST 4/8/1833)
is mainly on the basis of 

1. Dattaka Mimamsa written by Nanda Pandita 

2. Dattaka Chandrika written by Devanna Bhatta 

Both these works especially deal with the law of adoption and are regarded as
authoritative work on the subject throughout India.

In the Vedic period, the law was considered of divine origin and internal.

Law proper emerges in the society for the first time on works, known’s as dharma
sutras or Smritis.