121-470: Theft (from Old English þeofð , cognate to thief ) is the act of taking another person's property or services without that person's permission or consent with the intent to deprive the rightful owner of it. The word theft is also used as a synonym or informal shorthand term for some crimes against property, such as larceny , robbery , embezzlement , extortion , blackmail , or receiving stolen property . In some jurisdictions, theft
242-613: A definite article ("the"), a demonstrative adjective ("that"), and demonstrative pronoun . Other demonstratives are þēs ("this"), and ġeon ("that over there"). These words inflect for case, gender, and number. Adjectives have both strong and weak sets of endings, weak ones being used when a definite or possessive determiner is also present. Verbs conjugate for three persons : first, second, and third; two numbers: singular, plural; two tenses : present, and past; three moods : indicative , subjunctive , and imperative ; and are strong (exhibiting ablaut) or weak (exhibiting
363-694: A version of the Latin alphabet . Englisċ , from which the word English is derived, means 'pertaining to the Angles '. The Angles were one of the Germanic tribes who settled in many parts of Britain in the 5th century. By the 9th century, all speakers of Old English, including those who claimed Saxon or Jutish ancestry, could be referred to as Englisċ . This name probably either derives from Proto-Germanic *anguz , which referred to narrowness, constriction or anxiety, perhaps referring to shallow waters near
484-526: A "doctrine of consensus" reflecting regional customs and preferences. Of the four extant Dharmasastras, Manusmriti, Yajnavalkyasmriti and Naradasmriti are the most important surviving texts. But, states Robert Lingat, numerous other Dharmasastras whose manuscripts are now missing, have enjoyed equal authority. Between the three, the Manusmriti became famous during the colonial British India era, yet modern scholarship states that other Dharmasastras such as
605-398: A back vowel ( /ɑ/ , /o/ , /u/ ) at the time of palatalization, as illustrated by the contrast between fisċ /fiʃ/ ('fish') and its plural fiscas /ˈfis.kɑs/ . But due to changes over time, a knowledge of the history of the word in question is needed to predict the pronunciation with certainty (for details, see palatalization ). In word-final position, the pronunciation of sċ
726-406: A dental suffix). Verbs have two infinitive forms: bare and bound; and two participles : present and past. The subjunctive has past and present forms. Finite verbs agree with subjects in person and number. The future tense , passive voice , and other aspects are formed with compounds. Adpositions are mostly before but are often after their object. If the object of an adposition is marked in
847-517: A following ⟨m⟩ or ⟨n⟩ . Modern editions of Old English manuscripts generally introduce some additional conventions. The modern forms of Latin letters are used, including ⟨g⟩ instead of insular G , ⟨s⟩ instead of insular S and long S , and others which may differ considerably from the insular script, notably ⟨e⟩ , ⟨f⟩ and ⟨r⟩ . Macrons are used to indicate long vowels, where usually no distinction
968-467: A friction that led to the erosion of the complicated inflectional word endings. Simeon Potter notes: No less far-reaching was the influence of Scandinavian upon the inflexional endings of English in hastening that wearing away and leveling of grammatical forms which gradually spread from north to south. It was, after all, a salutary influence. The gain was greater than the loss. There was a gain in directness, in clarity, and in strength. The strength of
1089-508: A hermeneutic strategy that asserted that the Vedas once contained all knowledge including that of ideal Dharma, but parts of Vedas have been lost. Human customs developed from the original complete Vedas, but given the lost text, one must use customs between good people as a source to infer what the original Vedas might have stated the Dharma to be. This theory, called the 'lost Veda' theory, made
1210-484: A larger compilation of texts, called the Kalpasūtras which give an aphoristic description of the rituals, ceremonies and proper procedures. The Kalpasutras contain three sections, namely the Śrautasūtras which deal with vedic ceremonies, Gṛhyasūtras which deal with rites of passage rituals and domestic matters, and Dharmasūtras which deal with proper procedures in one's life. The Dharmasūtras of Āpastamba and Baudhāyana form
1331-451: A modern reconstruction of these texts. Scholars such as Jolly and Aiyangar have gathered some 2,400 verses of the lost Bṛhaspatismṛti text in this manner. Brihaspati-smriti was likely a larger and more comprehensive text than Manusmriti, yet both Brihaspati-smriti and Katyayana-smriti seem to have been predominantly devoted to judicial process and jurisprudence. The writers of Dharmasastras acknowledged their mutual differences, and developed
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#17327648064231452-622: A part of larger Kalpasutra texts, all of which has survived into the modern era. The sūtra tradition ended around the beginning of the common era and was followed by the poetic octosyllable verse style called the śloka . The verse style was used to compose the Dharmaśāstras such as the Manusmriti , the Hindu epics, and the Puranas . The age of Smṛtis that ended around the second half of
1573-411: A peer group, or rebellion. Theft from work may be attributed to factors that include greed, perceptions of economic need, support of a drug addiction, a response to or revenge for work-related issues, rationalisation that the act is not actually one of stealing, response to opportunistic temptation, or the same emotional issues that may be involved in any other act of theft. Grotius and Pufendorf upheld
1694-530: A period of 700 years, from the Anglo-Saxon settlement of Britain in the 5th century to the late 11th century, some time after the Norman invasion . While indicating that the establishment of dates is an arbitrary process, Albert Baugh dates Old English from 450 to 1150, a period of full inflections, a synthetic language . Perhaps around 85% of Old English words are no longer in use, but those that survived are
1815-685: A person acting in good faith , no later assumption by him of rights which he believed himself to be acquiring shall, by reason of any defect in the transferor’s title , amount to theft of the property. See R v Hinks and Lawrence v Metropolitan Police Commissioner . Section 4(1) provides that: " Property " includes money and all other property, real or personal , including things in action and other intangible property . Edward Griew said that section 4(1) could, without changing its meaning, be reduced, by omitting words, to: Old English language Old English ( Englisċ or Ænglisc , pronounced [ˈeŋɡliʃ] ), or Anglo-Saxon ,
1936-737: A single author. They were viewed by the ancient and medieval era commentators, states Olivelle, to be the works of many authors. Robert Lingat adds that these texts suggest that "a rich literature on dharma already existed" before these were first composed. These texts were revised and interpolated through their history because the various text manuscripts discovered in India are inconsistent with each other, and within themselves, raising concerns of their authenticity. The Dharmaśāstra texts present their ideas under various categories such as Acara, Vyavahara, Prayascitta and others, but they do so inconsistently. Some discuss Acara but do not discuss Vyavahara, as
2057-426: A source of dharma, but both state that the geographical location of such polite cultured people does not limit the usefulness of universal precepts contained in their practices. In case of conflict between different sources of dharma, Gautama Dharmasutra states that the Vedas prevail over other sources, and if two Vedic texts are in conflict then the individual has a choice to follow either. The nature of Dharmasūtras
2178-574: A uniform code of conduct and there were no divergent or dissenting views. Written after the Dharmasūtras, these texts use a metered verse and are much more elaborate in their scope than Dharmasutras. The word Dharmaśāstras never appears in the Vedic texts, and the word śāstra itself appears for the first time in Yaska's Nirukta text. Katyayana's commentary on Panini's work (~3rd century BCE), has
2299-550: A very terse incomplete sentence structure which are difficult to understand and leave much to the reader to interpret. The Dharmasastras are derivative works on the Dharmasutras, using a shloka (four 8-syllable verse style chandas poetry, Anushtubh meter), which are relatively clearer. The Dharmasutras can be called the guidebooks of dharma as they contain guidelines for individual and social behavior, ethical norms, as well as personal, civil and criminal law. They discuss
2420-630: Is dharma . The central focus of these texts is how a Brahmin male should conduct himself during his lifetime. The text of Āpastamba which is best preserved has a total of 1,364 sūtras out of which 1,206 (88 per cent) are devoted to the Brahmin, whereas only 158 (12 per cent) deals with topics of general nature. The structure of the Dharmasūtras begin with the vedic initiation of a young boy followed by entry into adulthood, marriage and responsibilities of adult life that includes adoption, inheritance, death rituals and ancestral offerings. According to Olivelle,
2541-826: Is a concept which is central not only in Hinduism but also in Jainism and Buddhism. The term means a lot of things and has a wide scope of interpretation. The fundamental meaning of Dharma in Dharmasūtras, states Olivelle is diverse, and includes accepted norms of behavior, procedures within a ritual, moral actions, righteousness and ethical attitudes, civil and criminal law, legal procedures and penance or punishment, and guidelines for proper and productive living. The term Dharma also includes social institutions such as marriage, inheritance, adoption, work contracts, judicial process in case of disputes, as well personal choices such as meat as food and sexual conduct. The source of dharma
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#17327648064232662-600: Is a crime with related articles in the Wetboek van Strafrecht . Theft is a statutory offence, created by section 4(1) of the Criminal Justice (Theft and Fraud Offences) Act 2001 . According to the Romanian Penal Code a person committing theft ( furt ) can face a penalty ranging from 1 to 20 years. Degrees of theft: In England and Wales , theft is a statutory offence, created by section 1(1) of
2783-552: Is also sparse early Northumbrian evidence of a sixth case: the locative . The evidence comes from Northumbrian Runic texts (e.g., ᚩᚾ ᚱᚩᛞᛁ on rodi "on the Cross"). Adjectives agree with nouns in case, gender, and number, and can be either strong or weak. Pronouns and sometimes participles agree in case, gender, and number. First-person and second- person personal pronouns occasionally distinguish dual-number forms. The definite article sē and its inflections serve as
2904-422: Is as follows. The sounds enclosed in parentheses in the chart above are not considered to be phonemes : The above system is largely similar to that of Modern English , except that [ç, x, ɣ, l̥, n̥, r̥] (and [ʍ] for most speakers ) have generally been lost, while the voiced affricate and fricatives (now also including /ʒ/ ) have become independent phonemes, as has /ŋ/ . The open back rounded vowel [ɒ]
3025-586: Is considered to be synonymous with larceny , while in others, theft is defined more narrowly. A person who engages in theft is known as a thief ( pl. thieves ). Theft is the name of a statutory offence in California, Canada, England and Wales , Hong Kong, Northern Ireland, the Republic of Ireland, and the Australian states of South Australia and Victoria . The actus reus of theft
3146-621: Is evidenced by the continued variation between their successors in Middle and Modern English. In fact, what would become the standard forms of Middle English and of Modern English are descended from Mercian rather than West Saxon, while Scots developed from the Northumbrian dialect. It was once claimed that, owing to its position at the heart of the Kingdom of Wessex, the relics of Anglo-Saxon accent, idiom and vocabulary were best preserved in
3267-668: Is followed by Middle English (1150 to 1500), Early Modern English (1500 to 1650) and finally Modern English (after 1650), and in Scotland Early Scots (before 1450), Middle Scots ( c. 1450 to 1700) and Modern Scots (after 1700). Just as Modern English is not monolithic, Old English varied according to place. Despite the diversity of language of the Germanic-speaking migrants who established Old English in England and southeastern Scotland, it
3388-486: Is hard to say whether they were historical authors of these texts. The issue of authorship is further complicated by the fact that apart from Āpastamba the other Dharmasūtras have various alterations made at later times. Excellence Practise righteousness ( dharma ), not unrighteousness. Speak the truth, not an untruth. Look at what is distant, not what's near at hand. Look at the highest, not at what's less than highest. — Vasishtha Dharmasutra 30.1 There
3509-500: Is normative, they tell what people ought to do, but they do not tell what people actually did. Some scholars state that these sources are unreliable and worthless for historical purposes instead to use archaeology, epigraphy and other historical evidence to establish the actual legal codes in Indian history. Olivelle states that the dismissal of normative texts is unwise, as is believing that the Dharmasutras and Dharmashastras texts present
3630-864: Is possible to reconstruct proto-Old English as a fairly unitary language. For the most part, the differences between the attested regional dialects of Old English developed within England and southeastern Scotland, rather than on the Mainland of Europe. Although from the tenth century Old English writing from all regions tended to conform to a written standard based on Late West Saxon, in speech Old English continued to exhibit much local and regional variation, which remained in Middle English and to some extent Modern English dialects . The four main dialectal forms of Old English were Mercian , Northumbrian , Kentish , and West Saxon . Mercian and Northumbrian are together referred to as Anglian . In terms of geography
3751-434: Is replaced by ⟨þ⟩ ). In contrast with Modern English orthography , Old English spelling was reasonably regular , with a mostly predictable correspondence between letters and phonemes . There were not usually any silent letters —in the word cniht , for example, both the ⟨c⟩ and ⟨h⟩ were pronounced ( /knixt ~ kniçt/ ) unlike the ⟨k⟩ and ⟨gh⟩ in
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3872-930: Is rooted in Dharmasutra texts dated to the 1st millennium BCE that emerged from Kalpa (Vedanga) studies in the Vedic era. The textual corpus of Dharmaśāstra were composed in poetic verse, and are part of the Hindu Smritis , constituting divergent commentaries and treatises on ethics particularly duties, and responsibilities to oneself and family as well as those required as a member of society. The texts include discussion of ashrama (stages of life), varna (social classes), purushartha (proper goals of life), personal virtues and duties such as ahimsa (non-violence) against all living beings, rules of just war , and other topics. Dharmaśāstra became influential in modern colonial India history, when they were formulated by early British colonial administrators to be
3993-516: Is still difficult to determine who these real authors were. The extant Dharmasūtra texts are listed below: The Dharmasūtra of Āpastamba and Baudhayana form a part of the Kalpasūtra but it is not easy to establish whether they were historical authors of these texts or whether these texts were composed within certain institutions attributed to their names. Moreover, Gautama and Vasiṣṭha are ancient sages related to specific vedic schools and therefore it
4114-539: Is stolen, Section 333.1 provides for a maximum punishment of 10 years for an indictable offence (and a minimum sentence of six months for a third or subsequent conviction), and a maximum sentence of 18 months on summary conviction. Section 2 of the Theft Ordinance provides the general definition of theft in Hong Kong: (1) A person commits theft if he dishonestly appropriates property belonging to another with
4235-451: Is the actus reus ) but the mistake prevents X from forming the mens rea (i.e., because she believes that she is the owner, she is not dishonest and does not intend to deprive the "owner" of it) so no crime has been committed at this point. But if she realises the mistake when she gets home and could return the scarf to Y, she will steal the scarf if she dishonestly keeps it (see theft by finding ). Note that there may be civil liability for
4356-605: Is the oldest. There is confusion regarding the geographical provenance of these documents. According to Bühler and Kane, Āpastamba came from South India probably from a region corresponding to modern Andhra Pradesh . Baudhāyana also came from south although evidence regarding this is weaker than that of Āpastamba. Gautama likely came from western region, nearer to the northwestern region to which Pāṇini belonged, and one which corresponds to where Maratha people in modern India are found. Nothing can be said about Vasiṣṭha due to lack of any evidence. Scholars have varied opinions about
4477-521: Is uncertainty regarding the dates of these documents due to lack of evidence concerning these documents. Kane has posited the following dates for the texts, for example, though other scholars disagree: Gautama 600 BCE to 400 BCE, Āpastamba 450 BCE to 350 BCE, Baudhāyana 500 BCE to 200 BCE, and Vasiṣṭha 300 BCE to 100 BCE. Patrick Olivelle suggests that Apastamba Dharmasutra is the oldest of the extant texts in Dharmasutra genre and one by Gautama second oldest, while Robert Lingat suggests that Gautama Dharmasutra
4598-406: Is usually defined as an unauthorised taking, keeping, or using of another's property which must be accompanied by a mens rea of dishonesty and the intent to permanently deprive the owner or rightful possessor of that property or its use. For example, if X goes to a restaurant and, by mistake , takes Y's scarf instead of her own, she has physically deprived Y of the use of the property (which
4719-472: Is very different from Modern English and Modern Scots, and largely incomprehensible for Modern English or Modern Scots speakers without study. Within Old English grammar nouns, adjectives, pronouns and verbs have many inflectional endings and forms, and word order is much freer. The oldest Old English inscriptions were written using a runic system , but from about the 8th century this was replaced by
4840-474: Is very different from the theological reference to the Vedas, and the dharma taught in the Dharmaśāstra has little to do with the Vedas. These were customs, norms or pronouncements of the writers of these texts that were likely derived from evolving regional ethical, ideological, cultural and legal practices. The Dharmasutra and Dharmaśāstra texts, as they have survived into the modern era, were not authored by
4961-553: Is vitiated. Property – defined in section 71(1) of the Crimes Act 1958 (Vic) as being both tangible property, including money and intangible property. Information has been held not be property. Belonging to another – section 73(5) of the Crimes Act 1958 (Vic) provides that property belongs to another if that person has ownership, possession, or a proprietary interest in the property. Property can belong to more than one person. sections 73(9) & 73(10) deal with situations where
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5082-526: The Angles , Saxons and Jutes . As the Germanic settlers became dominant in England, their language replaced the languages of Roman Britain : Common Brittonic , a Celtic language ; and Latin , brought to Britain by the Roman conquest . Old English had four main dialects, associated with particular Anglo-Saxon kingdoms : Kentish , Mercian , Northumbrian , and West Saxon . It was West Saxon that formed
5203-540: The Criminal Code provides the general definition for theft in Canada: 322 . (1) Every one commits theft who fraudulently and without colour of right takes, or fraudulently and without colour of right converts to his/her use or to the use of another person, anything, whether animate or inanimate, with intent Sections 323 to 333 provide for more specific instances and exclusions: In the general definition above,
5324-652: The Latin alphabet was introduced and adapted for the writing of Old English , replacing the earlier runic system. Nonetheless, the largest transfer of Latin-based (mainly Old French ) words into English occurred after the Norman Conquest of 1066, and thus in the Middle English rather than the Old English period. Another source of loanwords was Old Norse , which came into contact with Old English via
5445-517: The Supreme Court of Canada has construed "anything" very broadly, stating that it is not restricted to tangibles, but includes intangibles. To be the subject of theft it must, however: Because of this, confidential information cannot be the subject of theft, as it is not capable of being taken as only tangibles can be taken. It cannot be converted, not because it is an intangible, but because, save in very exceptional far‑fetched circumstances,
5566-552: The Ten Commandments prohibit acts of theft . The New Testament describes Jesus of Nazareth affirming these in his teachings. South Australia Theft is defined in section 134 of the Criminal Consolidation Act 1935 (SA) as being where a person deals with property dishonestly, without the owner's consent and intending to deprive the owner of their property, or make a serious encroachment on
5687-576: The Theft Act 1968 . This offence replaces the former offences of larceny , embezzlement and fraudulent conversion . The marginal note to section 1 of the Theft Act 1968 describes it as a "basic definition" of theft. Sections 1(1) and (2) provide: Sections 2 to 6 of the Theft Act 1968 have effect as regards the interpretation and operation of section 1 of that Act. Except as otherwise provided by that Act, sections 2 to 6 of that Act apply only for
5808-603: The dialect of Somerset . For details of the sound differences between the dialects, see Phonological history of Old English § Dialects . The language of the Anglo-Saxon settlers appears not to have been significantly affected by the native British Celtic languages which it largely displaced . The number of Celtic loanwords introduced into the language is very small, although dialect and toponymic terms are more often retained in western language contact zones (Cumbria, Devon, Welsh Marches and Borders and so on) than in
5929-609: The kingdom of Northumbria . Other parts of the island continued to use Celtic languages ( Gaelic – and perhaps some Pictish – in most of Scotland, Medieval Cornish all over Cornwall and in adjacent parts of Devon , Cumbric perhaps to the 12th century in parts of Cumbria , and Welsh in Wales and possibly also on the English side of the Anglo-Welsh border ); except in the areas of Scandinavian settlements, where Old Norse
6050-461: The law of the land for all non-Muslims (Hindus, Jains, Buddhists, Sikhs) in the Indian subcontinent , after Sharia set by Emperor Aurangzeb , was already accepted as the law for Muslims in colonial India. The Dharmashastras are based on ancient Dharmasūtra texts, which themselves emerged from the literary tradition of the Vedas (Rig, Yajur, Sāma, and Atharva) composed in 2nd millennium BCE to
6171-400: The torts of trespass to chattels or conversion in either eventuality. Possible causes for acts of theft include both economic and non-economic motivations. For example, an act of theft may be a response to the offender's feelings of anger, grief, depression, anxiety, compulsion, boredom, power and control issues, low self-esteem, a sense of entitlement, an effort to conform or fit in with
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#17327648064236292-465: The " Ghosh Test" for dishonest in Hong Kong has been replaced by the " Ivey Test" in England and Wales by the Supreme Court . It is the main difference between the offence of theft in these two jurisdictions. Theft is a criminal activity in India with punishments which may lead to jail term. Below are excerpts of laws of Indian penal Code which state definitions and punishments for theft. Theft
6413-422: The 8th century, the runic system came to be supplanted by a (minuscule) half-uncial script of the Latin alphabet introduced by Irish Christian missionaries. This was replaced by Insular script , a cursive and pointed version of the half-uncial script. This was used until the end of the 12th century when continental Carolingian minuscule (also known as Caroline ) replaced the insular. The Latin alphabet of
6534-567: The Dharma-sutras, which later expanded into Dharma-shastras. The Dharmasutras were numerous, but only four texts have survived into the modern era. The most important of these texts are the sutras of Apastamba , Gautama , Baudhayana , and Vasistha . These extant texts cite writers and refer opinions of seventeen authorities, implying that a rich Dharmasutras tradition existed prior to when these texts were composed. The extant Dharmasutras are written in concise sutra format, with
6655-406: The English language; some of them, such as Pope Gregory I 's treatise Pastoral Care , appear to have been translated by Alfred himself. In Old English, typical of the development of literature, poetry arose before prose, but Alfred chiefly inspired the growth of prose. A later literary standard, dating from the late 10th century, arose under the influence of Bishop Æthelwold of Winchester , and
6776-608: The Great . From that time on, the West Saxon dialect (then in the form now known as Early West Saxon) became standardised as the language of government, and as the basis for the many works of literature and religious materials produced or translated from Latin in that period. The later literary standard known as Late West Saxon (see History , above), although centred in the same region of the country, appears not to have been directly descended from Alfred's Early West Saxon. For example,
6897-410: The Northumbrian dialect retained /i(ː)o̯/ , which had merged with /e(ː)o̯/ in West Saxon. For more on dialectal differences, see Phonological history of Old English (dialects) . Some of the principal sound changes occurring in the pre-history and history of Old English were the following: For more details of these processes, see the main article, linked above. For sound changes before and after
7018-880: The Northumbrian region lay north of the Humber River; the Mercian lay north of the Thames and south of the Humber River; West Saxon lay south and southwest of the Thames; and the smallest, Kentish region lay southeast of the Thames, a small corner of England. The Kentish region, settled by the Jutes from Jutland, has the scantest literary remains. The term West Saxon actually is represented by two different dialects: Early West Saxon and Late West Saxon. Hogg has suggested that these two dialects would be more appropriately named Alfredian Saxon and Æthelwoldian Saxon, respectively, so that
7139-467: The Old English period is also often attributed to Norse influence. The influence of Old Norse certainly helped move English from a synthetic language along the continuum to a more analytic word order , and Old Norse most likely made a greater impact on the English language than any other language. The eagerness of Vikings in the Danelaw to communicate with their Anglo-Saxon neighbours produced
7260-478: The Old English period, see Phonological history of English . Nouns decline for five cases : nominative , accusative , genitive , dative , instrumental ; three genders : masculine, feminine, neuter; and two numbers : singular, and plural; and are strong or weak. The instrumental is vestigial and only used with the masculine and neuter singular and often replaced by the dative . Only pronouns and strong adjectives retain separate instrumental forms. There
7381-526: The Scandinavian rulers and settlers in the Danelaw from the late 9th century, and during the rule of Cnut and other Danish kings in the early 11th century. Many place names in eastern and northern England are of Scandinavian origin. Norse borrowings are relatively rare in Old English literature, being mostly terms relating to government and administration. The literary standard, however,
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#17327648064237502-569: The Shrautasutras and Grihyasutras texts of the Kalpa (Vedanga) . The hymns of Ṛgveda are one of the earliest texts composed in verse. The Brāhmaṇa which belongs to the middle vedic period followed by the vedāṇga are composed in prose. The basic texts are composed in an aphoristic style known as the sutra which literally means thread on which each aphorism is strung like a pearl. The Dharmasūtras are composed in sutra style and were part of
7623-745: The Unrighteous (adharma) do not go around saying, 'here we are!'; Nor do gods, Gandharvas or ancestors declare, 'This is righteous and that is unrighteous'." Most laws are based on agreement between the Aryas, stated Āpastamba, on what is right and what is wrong. Laws must also change with ages, stated Āpastamba, a theory that became known as Yuga dharma in Hindu traditions. Āpastamba also asserted in verses 2.29.11–15, states Olivelle, that "aspects of dharma not taught in Dharmasastras can be learned from women and people of all classes". Āpastamba used
7744-521: The Vedas, and approval of one's conscience (Atmasantushti, self-satisfaction). The Dharmashastra texts include conflicting claims on the sources of dharma. The theological claim therein asserts, without any elaboration, that Dharma just like the Vedas are eternal and timeless, the former is directly or indirectly related to the Vedas. Yet these texts also acknowledge the role of Smriti, customs of polite learned people, and one's conscience as source of dharma. The historical reality, states Patrick Olivelle,
7865-526: The Vedas, the Smriti (tradition), acāra (the practice) of those who know the Veda. These three sources are also found in later Dharmashastra literature. Baudhāyana Dharmasutra lists the same three, but calls the third as śiṣṭa (शिष्ट, literally polite cultured people) or the practice of cultured people as the third source of dharma. Both Baudhāyana Dharmasutra and Vāsiṣṭha Dharmasutra make the practices of śiṣṭa as
7986-405: The Vedic texts, nor can the behavioral rules included therein be found in any of the Vedas. This led to the incongruity between the search for legal codes and dharma rules in the theological versus the reality of epistemic origins of dharma rules and guidelines. The Hindu scholar Āpastamba, in a Dharmasutra named after him (~400 BCE), made an attempt to resolve this issue of incongruity. He placed
8107-606: The Viking influence on Old English appears from the fact that the indispensable elements of the language – pronouns , modals , comparatives , pronominal adverbs (like hence and together ), conjunctions and prepositions – show the most marked Danish influence; the best evidence of Scandinavian influence appears in the extensive word borrowings because, as Jespersen indicates, no texts exist in either Scandinavia or Northern England from this time to give certain evidence of an influence on syntax. The effect of Old Norse on Old English
8228-534: The Yajnavalkyasmriti appear to have played a greater role in guiding the actual Dharma. Further, the Dharmasastras were open texts, and they underwent alterations and rewriting through their history. All Dharma , in Hindu traditions, has its foundation in the Vedas . The Dharmashastra texts enumerate four sources of Dharma – the precepts in the Vedas, the tradition, the virtuous conduct of those who know
8349-561: The accused receives property under an obligation or by mistake. South Australia Whether a person's conduct is dishonest is a question of fact to be determined by the jury, based on their own knowledge and experience. As with the definition in Victoria, it contains definitions of what is not dishonesty, including a belief in a legal claim of right or a belief the owner could not be found. Victoria Intention to permanently deprive – defined at s.73(12) as treating property as it belongs to
8470-408: The accused, rather than the owner. Dishonestly – section 73(2) of the Crimes Act 1958 (Vic) creates a negative definition of the term 'dishonestly'. The section deems only three circumstances when the accused is deemed to have been acting honestly. These are a belief in a legal claim of right, a belief that the owner would have consented, or a belief the owner could not be found. Section 322(1) of
8591-526: The act of theft is judged by the worth of the owner and the worth of that which is stolen. Underhand dealings, fraud, cheating and forgery are also included in this precept. Professions that are seen to violate the precept against theft are working in the gambling industry or marketing products that are not actually required for the customer. The Manusmriti and the Dharmashastras deal with theft, coveting wealth, and punishment for these. In parts of
8712-494: The actual property owner's rights. For a basic offence, a person found guilty of this offence is liable for imprisonment of up to 10 years. For an aggravated offence, a person found guilty of this offence is liable for imprisonment of up to 15 years. Victoria Theft is defined in the Crimes Act 1958 (Vic) as when a person "dishonestly appropriates property belonging to another with the intention of permanently depriving
8833-506: The basic elements of Modern English vocabulary. Old English is a West Germanic language , and developed out of Ingvaeonic (also known as North Sea Germanic) dialects from the 5th century. It came to be spoken over most of the territory of the Anglo-Saxon kingdoms which became the Kingdom of England . This included most of present-day England, as well as part of what is now southeastern Scotland , which for several centuries belonged to
8954-577: The basis for the literary standard of the later Old English period, although the dominant forms of Middle and Modern English would develop mainly from Mercian, and Scots from Northumbrian. The speech of eastern and northern parts of England was subject to strong Old Norse influence due to Scandinavian rule and settlement beginning in the 9th century. Old English is one of the West Germanic languages , and its closest relatives are Old Frisian and Old Saxon . Like other old Germanic languages, it
9075-559: The beginnings of the compound tenses of Modern English . Old English verbs include strong verbs , which form the past tense by altering the root vowel, and weak verbs , which use a suffix such as -de . As in Modern English, and peculiar to the Germanic languages, the verbs formed two great classes: weak (regular), and strong (irregular). Like today, Old English had fewer strong verbs, and many of these have over time decayed into weak forms. Then, as now, dental suffixes indicated
9196-494: The borrowing of individual Latin words based on which patterns of sound change they have undergone. Some Latin words had already been borrowed into the Germanic languages before the ancestral Angles and Saxons left continental Europe for Britain. More entered the language when the Anglo-Saxons were converted to Christianity and Latin-speaking priests became influential. It was also through Irish Christian missionaries that
9317-485: The chronology of these documents. Regarding the age of Āpastamba and Gautama there are opposite conclusions. According to Bühler and Lingat Āpastamba is younger than Baudhāyana. Vasiṣṭha is surely a later text. The structure of these Dharmasūtras primarily addresses the Brahmins both in subject matter and the audience. The Brahmins are the creators and primary consumers of these texts. The subject matter of Dharmasūtras
9438-499: The cluster ending in the palatal affricate is sometimes written ⟨nċġ⟩ (or ⟨nġċ⟩ ) by modern editors. Between vowels in the middle of a word, the pronunciation can be either a palatalized geminate /ʃː/ , as in fisċere /ˈfiʃ.ʃe.re/ ('fisherman') and wȳsċan , /ˈwyːʃ.ʃɑn 'to wish'), or an unpalatalized consonant sequence /sk/ , as in āscian /ˈɑːs.ki.ɑn/ ('to ask'). The pronunciation /sk/ occurs when ⟨sc⟩ had been followed by
9559-461: The coast, or else it may derive from a related word *angô which could refer to curve or hook shapes including fishing hooks. Concerning the second option, it has been hypothesised that the Angles acquired their name either because they lived on a curved promontory of land shaped like a fishhook , or else because they were fishermen (anglers). Old English was not static, and its usage covered
9680-421: The dative case, an adposition may conceivably be located anywhere in the sentence. Remnants of the Old English case system in Modern English are in the forms of a few pronouns (such as I/me/mine , she/her , who/whom/whose ) and in the possessive ending -'s , which derives from the masculine and neuter genitive ending -es . The modern English plural ending -(e)s derives from the Old English -as , but
9801-405: The duties and rights of people at different stages of life like studenthood, householdership, retirement and renunciation. These stages are also called ashramas . They also discuss the rites and duties of kings, judicial matters, and personal law such as matters relating to marriage and inheritance. However, Dharmasutras typically did not deal with rituals and ceremonies, a topic that was covered in
9922-595: The early centuries of the 1st millennium BCE. These Vedic branches split into various other schools ( shakhas ) possibly for a variety of reasons such as geography, specialization and disputes. Each Veda is further divided into two categories namely the Saṃhitā which is a collection of mantra verses and the Brahmanas which are prose texts that explain the meaning of the Samhita verses. The Brāhmaṇa layer expanded and some of
10043-431: The east. However, various suggestions have been made concerning possible influence that Celtic may have had on developments in English syntax in the post–Old English period, such as the regular progressive construction and analytic word order , as well as the eventual development of the periphrastic auxiliary verb do . These ideas have generally not received widespread support from linguists, particularly as many of
10164-426: The first millennium CE was followed by that of commentaries around the 9th century called nibandha . This legal tradition consisted of commentaries on earlier Dharmasūtras and Smritis. About 20 Dharmasutras are known, some surviving into the modern era just as fragments of their original. Four Dharmasūtras have been translated into English, and most remain in manuscripts. All carry the names of their authors, but it
10285-645: The former diphthong /iy/ tended to become monophthongised to /i/ in EWS, but to /y/ in LWS. Due to the centralisation of power and the destruction wrought by Viking invasions, there is relatively little written record of the non-West Saxon dialects after Alfred's unification. Some Mercian texts continued to be written, however, and the influence of Mercian is apparent in some of the translations produced under Alfred's programme, many of which were produced by Mercian scholars. Other dialects certainly continued to be spoken, as
10406-531: The futhorc. A few letter pairs were used as digraphs , representing a single sound. Also used was the Tironian note ⟨⁊⟩ (a character similar to the digit 7) for the conjunction and . A common scribal abbreviation was a thorn with a stroke ⟨ꝥ⟩ , which was used for the pronoun þæt ( that ). Macrons over vowels were originally used not to mark long vowels (as in modern editions), but to indicate stress, or as abbreviations for
10527-417: The importance of the Veda scriptures second and that of samayacarika or mutually agreed and accepted customs of practice first. Āpastamba thus proposed that scriptures alone cannot be source of Law (dharma), and dharma has an empirical nature. Āpastamba asserted that it is difficult to find absolute sources of law, in ancient books or current people, states Patrick Olivelle with, "The Righteous (dharma) and
10648-603: The inscriptions on the Franks Casket ) date to the early 8th century. The Old English Latin alphabet was introduced around the 8th century. With the unification of several of the Anglo-Saxon kingdoms (outside the Danelaw ) by Alfred the Great in the later 9th century, the language of government and literature became standardised around the West Saxon dialect (Early West Saxon). Alfred advocated education in English alongside Latin, and had many works translated into
10769-484: The intention of permanently depriving the other of it; and thief and steal shall be construed accordingly. (2) It is immaterial whether the appropriation is made with a view to gain, or is made for the thief’s own benefit. The elements of this offence in Hong Kong is almost the same as in England and Wales, because the Theft Ordinance in Hong Kong was drafted based on the Theft Act 1968 (and the Theft Act 1978 ) in UK. However,
10890-428: The king. This forms the early structure of the Dharma texts. However, in the Dharmasūtras of Gautama, Baudhāyana and Vasiṣṭha some sections such as inheritance and penance are reorganized, and moved from householder section to king-related section. Ollivelle suggests that these changes may be because of chronological reasons where civil law increasingly became part of the king's administrative responsibilities. Dharma
11011-483: The language of the upper classes. This is regarded as marking the end of the Old English era, since during the subsequent period the English language was heavily influenced by Anglo-Norman, developing into what is now known as Middle English in England and Early Scots in Scotland. Old English developed from a set of Anglo-Frisian or Ingvaeonic dialects originally spoken by Germanic tribes traditionally known as
11132-449: The latter applied only to "strong" masculine nouns in the nominative and accusative cases; different plural endings were used in other instances. Old English nouns had grammatical gender , while modern English has only natural gender. Pronoun usage could reflect either natural or grammatical gender when those conflicted, as in the case of ƿīf , a neuter noun referring to a female person. In Old English's verbal compound constructions are
11253-456: The modern knight ( /naɪt/ ). The following table lists the Old English letters and digraphs together with the phonemes they represent, using the same notation as in the Phonology section above. After /n/ , /j/ was realized as [dʒ] and /ɣ/ was realized as [ɡ] . The spellings ⟨ncg⟩ , ⟨ngc⟩ and even ⟨ncgg⟩ were occasionally used instead of
11374-505: The naive reader would not assume that they are chronologically related. Each of these four dialects was associated with an independent kingdom on the islands. Of these, Northumbria south of the Tyne , and most of Mercia , were overrun by the Vikings during the 9th century. The portion of Mercia that was successfully defended, and all of Kent , were then integrated into Wessex under Alfred
11495-541: The newer esoteric layers of text that explore the hidden meanings behind Vedic rituals were called Aranyakas while the philosophical sections came to be called the Upanishads . The Vedic basis of Dharma literature is found in the Brahmana layer of the Vedas. Towards the end of the Vedic period, after the middle of the 1st millennium BCE, the language of the Vedic texts composed centuries earlier grew too archaic to
11616-419: The novelty of the experience, peer pressure, the desire to obtain goods that a minor cannot legally purchase, and for economic reasons, as well as self-indulgence and rebellion against parents. In Buddhism, one of the five precepts prohibits theft, and involves the intention to steal what one perceives as not belonging to oneself ("what is not given") and acting successfully upon that intention. The severity of
11737-538: The oldest known single mention of the word Dharmaśāstras . The extant Dharmaśāstras texts are listed below: In addition, numerous other Dharmaśāstras are known, partially or indirectly, with very different ideas, customs and conflicting versions. For example, the manuscripts of Bṛhaspatismṛti and the Kātyāyanasmṛti have not been found, but their verses have been cited in other texts, and scholars have made an effort to extract these cited verses, thus creating
11858-437: The other of it.". The actus reus and mens rea are defined as follows: Appropriation is defined in section 73(4) of the Crimes Act 1958 (Vic) as the assumption of any of the owner's rights. It does not have to be all the owner's rights, as long as at least one right has been assumed. If the owner gave their consent to the appropriation there cannot be an appropriation. However, if this consent is obtained by deception, this consent
11979-461: The owner would never be deprived of it. However, the theft of trade secrets in certain circumstances does constitute part of the offence of economic espionage , which can be prosecuted under s. 19 of the Security of Information Act . For the purposes of punishment, Section 334 divides theft into two separate offences, according to the value and nature of the goods stolen: Where a motor vehicle
12100-512: The past tense of the weak verbs, as in work and worked . Old English syntax is similar to that of modern English . Some differences are consequences of the greater level of nominal and verbal inflection, allowing freer word order . Old English was first written in runes , using the futhorc —a rune set derived from the Germanic 24-character elder futhark , extended by five more runes used to represent Anglo-Saxon vowel sounds and sometimes by several more additional characters. From around
12221-579: The people of that time. This led to the formation of Vedic Supplements called the Vedangas which literally means 'limbs of the Veda'. The Vedangas were ancillary sciences that focused on understanding and interpreting the Vedas composed many centuries earlier, and included Shiksha (phonetics, syllable), Chandas (poetic metre), Vyakarana (grammar, linguistics), Nirukta (etymology, glossary), Jyotisha (timekeeping, astronomy), and Kalpa (ritual or proper procedures). The Kalpa Vedanga studies gave rise to
12342-429: The principle that a person in extreme and unavoidable need, who took from the surpluses of property holders, was not guilty of the crime of theft. The most common reasons for shoplifting include participation in an organised shoplifting ring, opportunistic theft, compulsive acts of theft, thrill-seeking, and theft due to need. Studies focusing on shoplifting by teenagers suggest that minors shoplift for reasons including
12463-407: The proprietary rights of the owner. Under this law, encroachment on proprietary rights means that the property is dealt with in a way that creates a substantial risk that the property will not be returned to the owner, or that the value of the property will be greatly diminished when the owner does get it back. Also, where property is treated as the defendant's own property to dispose of, disregarding
12584-422: The purposes of section 1 of that Act. Section 3 provides: (1) Any assumption by a person of the rights of an owner amounts to an appropriation, and this includes, where he has come by the property (innocently or not) without stealing it, any later assumption of a right to it by keeping or dealing with it as owner. (2) Where property or a right or interest in property is or purports to be transferred for value to
12705-417: The reason Dharmasutras introduced vedic initiation was to make the individual subject to Dharma precepts at school, by making him a 'twice born' man, because children were considered exempt from Dharma precepts in the vedic tradition. The structure of Dharmasūtra of Āpastamba begins with the duties of the student, then describes householder duties and rights such as inheritance, and ends with administration of
12826-848: The richest and most significant bodies of literature preserved among the early Germanic peoples. In his supplementary article to the 1935 posthumous edition of Bright's Anglo-Saxon Reader , Dr. James Hulbert writes: Dharma%C5%9B%C4%81stra Divisions Sama vedic Yajur vedic Atharva vedic Vaishnava puranas Shaiva puranas Shakta puranas Dharmaśāstra ( Sanskrit : धर्मशास्त्र ) are Sanskrit Puranic Smriti texts on law and conduct, and refer to treatises ( śāstras ) on Dharma . Like Dharmasūtra which are based upon Vedas , these texts are also elaborate law commentaries based on vedas, Dharmashastra themselves evolved from dharmshutra. There are many Dharmashastras, variously estimated to number from 18 to over 100. Each of these texts exists in many different versions, and each
12947-420: The study of customs of good people as a source of dharma and guide to proper living, states Olivelle. Testimony during a trial The witness must take an oath before deposing. Single witness normally does not suffice. As many as three witnesses are required. False evidence must face sanctions. — Gautama Dharmasutras 13.2–13.6 The sources of dharma according to Gautama Dharmasutra are three:
13068-409: The theorized Brittonicisms do not become widespread until the late Middle English and Early Modern English periods, in addition to the fact that similar forms exist in other modern Germanic languages. Old English contained a certain number of loanwords from Latin , which was the scholarly and diplomatic lingua franca of Western Europe. It is sometimes possible to give approximate dates for
13189-564: The time still lacked the letters ⟨j⟩ and ⟨w⟩ , and there was no ⟨v⟩ as distinct from ⟨u⟩ ; moreover native Old English spellings did not use ⟨k⟩ , ⟨q⟩ or ⟨z⟩ . The remaining 20 Latin letters were supplemented by four more: ⟨ æ ⟩ ( æsc , modern ash ) and ⟨ð⟩ ( ðæt , now called eth or edh), which were modified Latin letters, and thorn ⟨þ⟩ and wynn ⟨ƿ⟩ , which are borrowings from
13310-404: The usual ⟨ng⟩ . The addition of ⟨c⟩ to ⟨g⟩ in spellings such as ⟨cynincg⟩ and ⟨cyningc⟩ for ⟨cyning⟩ may have been a means of showing that the word was pronounced with a stop rather than a fricative; spellings with just ⟨nc⟩ such as ⟨cyninc⟩ are also found. To disambiguate,
13431-423: The word was so nearly the same in the two languages that only the endings would put obstacles in the way of mutual understanding. In the mixed population which existed in the Danelaw, these endings must have led to much confusion, tending gradually to become obscured and finally lost. This blending of peoples and languages resulted in "simplifying English grammar". The inventory of Early West Saxon surface phones
13552-457: The world which govern with sharia law , the punishment for theft is amputation of the right hand if the thief does not repent . This ruling is derived from surah 5 verse 38 of the Quran which states As to the thief, Male or female, cut off his or her hands: a punishment by way of example, from Allah, for their crime: and Allah is Exalted in power. This is viewed as being a deterrent. Two of
13673-674: Was a question that loomed in the minds of Dharma text writers, and they tried to seek "where guidelines for Dharma can be found?" They sought to define and examine vedic injunctions as the source of Dharma, asserting that like the Vedas, Dharma is not of human origin. This worked for rituals-related rules, but in all other matters this created numerous interpretations and different derivations. This led to documents with various working definitions, such as dharma of different regions ( deshadharma ), of social groups ( jatidharma ), of different families ( kuladharma ). The authors of Dharmasutras and Dharmashastra admit that these dharmas are not found in
13794-443: Was an allophone of short /ɑ/ which occurred in stressed syllables before nasal consonants (/m/ and /n/). It was variously spelled either ⟨a⟩ or ⟨o⟩. The Anglian dialects also had the mid front rounded vowel /ø(ː)/ , spelled ⟨œ⟩, which had emerged from i-umlaut of /o(ː)/ . In West Saxon and Kentish, it had already merged with /e(ː)/ before the first written prose. Other dialects had different systems of diphthongs. For example,
13915-439: Was based on the West Saxon dialect , away from the main area of Scandinavian influence; the impact of Norse may have been greater in the eastern and northern dialects. Certainly in Middle English texts, which are more often based on eastern dialects, a strong Norse influence becomes apparent. Modern English contains many, often everyday, words that were borrowed from Old Norse, and the grammatical simplification that occurred after
14036-481: Was either /ʃ/ or possibly /ʃː/ when the preceding vowel was short. Doubled consonants are geminated ; the geminate fricatives ⟨ff⟩ , ⟨ss⟩ and ⟨ðð⟩ / ⟨þþ⟩ / ⟨ðþ⟩ / ⟨þð⟩ are always voiceless [ff] , [ss] , [θθ] . The corpus of Old English literature is small but still significant, with some 400 surviving manuscripts. The pagan and Christian streams mingle in Old English, one of
14157-616: Was followed by such writers as the prolific Ælfric of Eynsham ("the Grammarian"). This form of the language is known as the " Winchester standard", or more commonly as Late West Saxon. It is considered to represent the "classical" form of Old English. It retained its position of prestige until the time of the Norman Conquest, after which English ceased for a time to be of importance as a literary language. The history of Old English can be subdivided into: The Old English period
14278-562: Was made between long and short vowels in the originals. (In some older editions an acute accent mark was used for consistency with Old Norse conventions.) Additionally, modern editions often distinguish between velar and palatal ⟨c⟩ and ⟨g⟩ by placing dots above the palatals: ⟨ċ⟩ , ⟨ġ⟩ . The letter wynn ⟨ƿ⟩ is usually replaced with ⟨w⟩ , but ⟨æ⟩ , ⟨ð⟩ and ⟨þ⟩ are normally retained (except when ⟨ð⟩
14399-411: Was spoken and Danish law applied. Old English literacy developed after Christianisation in the late 7th century. The oldest surviving work of Old English literature is Cædmon's Hymn , which was composed between 658 and 680 but not written down until the early 8th century. There is a limited corpus of runic inscriptions from the 5th to 7th centuries, but the oldest coherent runic texts (notably
14520-425: Was substantive, pervasive, and of a democratic character. Old Norse and Old English resembled each other closely like cousins, and with some words in common, speakers roughly understood each other; in time the inflections melted away and the analytic pattern emerged. It is most important to recognize that in many words the English and Scandinavian language differed chiefly in their inflectional elements. The body of
14641-556: Was the earliest recorded form of the English language , spoken in England and southern and eastern Scotland in the early Middle Ages . It developed from the languages brought to Great Britain by Anglo-Saxon settlers in the mid-5th century, and the first Old English literary works date from the mid-7th century. After the Norman Conquest of 1066, English was replaced for several centuries by Anglo-Norman (a type of French ) as
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