傳統印度法停滯不變嗎

印度法律傳統是世界重要的法律文明之一。基於這個法律傳統形成了印度法系。梅因認為，傳統印度法停滯不前，沒有發生羅馬法那樣的“從身份到契約”的“進步”；有人認為傳統印度法屬於封建法的類型；還有人認為傳統印度法是“亞細亞生產方式”的產物。實際上，傳統印度法雖然具有保守性，但並非停滯不前，而是一直依循自己的路徑，處在變化和發展中。傳統印度法不屬於封建法類型，也不應按照“亞細亞生產方式”來理解。

The Indian legal tradition is one of main legal civilizations in the world. Based on this legal tradition, the Indian legal family was formed. H. S. Maine believed that traditional Indian law had stagnated, and there had been no ''progress'' from ''statues to contract'' like Roman law. Some scholars thought that traditional India had a kind of feudal law. Others insisted that traditional Indian law was the product of the ''Asian mode of production. '' In fact, although traditional Indian law is conservative, it has been changed and developed following its own path instead of stagnating. Traditional Indian law does not belong to the type of feudal law, nor should it be understood in term of the ''Asian mode of production''.