The Conception of Punishment in Early Indian Literature


Book Description

Early textual source of the vast body of Dharmasastra literature of India on religion, law, and morality contain numerous statements that present or imply an undefined conception of punishment. Yet nowhere is this conception formally defined, as if knowledge of its nature and structure were generally known. In this “first-ever” attempt to provide a definition of the conception and to recover its ideational infrastructure, the author has drawn on these sources to reconstruct the theoretical backgrounds of its distinctive metaphysical, religious, juridical, social, and moral components. He shows that the conception is “the totality of correction principles, powers, agents, processes, and operations through which acts contrary to the Universal Order are counteracted and compensated.” The volume contains extensive documentation, a glossary of Sanskrit terms, a selected bibliography, and an index.




Norms beyond Empire


Book Description

Norms beyond Empire seeks to rethink the relationship between law and empire by emphasizing the role of local normative production. While European imperialism is often viewed as being able to shape colonial law and government to its image, this volume argues that early modern empires could never monolithically control how these processes unfolded. Examining the Iberian empires in Asia, it seeks to look at norms as a means of escaping the often too narrow concept of law and look beyond empire to highlight the ways in which law-making and local normativities frequently acted beyond colonial rule. The ten chapters explore normative production from this perspective by focusing on case studies from China, India, Japan, and the Philippines. Contributors are: Manuel Bastias Saavedra, Marya Svetlana T. Camacho, Luisa Stella de Oliveira Coutinho Silva, Rômulo da Silva Ehalt, Patricia Souza de Faria, Fupeng Li, Miguel Rodrigues Lourenço, Abisai Perez Zamarripa, Marina Torres Trimállez, and Ângela Barreto Xavier.