The Oxford History of Hinduism: Hindu Law


Book Description

Through pointed studies of important aspects and topics of dharma in Dharmaśāstra, this comprehensive collection shows that the history of Hinduism cannot be written without the history of Hindu law. Part One provides a concise overview of the literary genres in which Dharmasastra was written with attention to chronology and historical developments. This study divides the tradition into its two major historical periods—the origins and formation of the classical texts and the later genres of commentary and digest—in order to provide a thorough, but manageable overview of the textual bases of the tradition. Part Two presents descriptive and historical studies of all the major substantive topics of Dharmasastra. Each chapter offers readers with salest knowledge of the debates, transformations, and fluctcating importance of each topic. Indirectly, readers will also gain insight into the ethos or worldview of religious law in Hinduism, enabling them to get a feel for how dharma authors thought and why. Part Three contains brief studies of the impact and reception of Dharmasastra in other South Asian cultural and textual traditions. Finally, Part Four draws inspiration from "critical terms" in contemporary legal and religious studies to analyze Dharmasastra texts. Contributors offer interpretive views of Dharmasastra that start from hermeneutic and social concerns today.




The Hindu Family and the Emergence of Modern India


Book Description

Between 1955 and 1956 the Government of India passed four Hindu Law Acts to reform and codify Hindu family law. Scholars have understood these acts as a response to growing concern about women's rights but, in a powerful re-reading of their history, this book traces the origins of the Hindu law reform project to changes in the political-economy of late colonial rule. The Hindu Family and the Emergence of Modern India considers how questions regarding family structure, property rights and gender relations contributed to the development of representative politics, and how, in solving these questions, India's secular and state power structures were consequently drawn into a complex and unique relationship with Hindu law. In this comprehensive and illuminating resource for scholars and students, Newbigin demonstrates the significance of gender and economy to the history of twentieth-century democratic government, as it emerged in India and beyond.




Hindu Law


Book Description

"The foundation of Hindu law is the voluminous textual tradition called Dharmaśāstra, the expert tradition on dharma. This book seeks to delineate the historical development of Dharmaśāstra, even though the tradition presented dharma as timeless and ahistorical. The volume establishes the importance of law for the history and study of Hinduism by providing interpretive descriptions of all the major topics of Hindu dharma according to this tradition. First, two broad introductions to the historical development of the textual sources of Hindu law suggest new ways to understand both the original texts (smṛti) and the later commentaries and digests. Next, groundbreaking research into the origin of the householder (gṛhastha), who is at the center of the Dharmaśāstric enterprise, provides new insights into both the origin of this genre and many of its topics, such as the āśrama system and married household life. The book devotes its central chapters to each of the major topics of Dharmaśāstra: epistemology of dharma, caste and social class, orders of life, rites of passage, Vedic student and graduate, marriage, children, inheritance, women, daily duties, food, gifting, funeral and ancestral offerings, impurity and purification, ascetic modes of life, dharma during emergencies, king, punishment, legal procedure, titles of law, penances, vows, pilgrimage, images, and temples. The final chapters then explore both the reception of Dharmaśāstra in other religious traditions, both Hindu and Buddhist, and the relevance of Dharmaśāstra to studies of critical concepts in religious studies—the body, emotions, material culture, subjectivity, animal studies, and vernacular culture."--




Hinduism and Law


Book Description

Covering the earliest Sanskrit rulebooks through to the codification of 'Hindu law' in modern times, this interdisciplinary volume examines the interactions between Hinduism and the law. The authors present the major transformations to India's legal system in both the colonial and post colonial periods and their relation to recent changes in Hinduism. Thematic studies show how law and Hinduism relate and interact in areas such as ritual, logic, politics, and literature, offering a broad coverage of South Asia's contributions to religion and law at the intersection of society, politics and culture. In doing so, the authors build on previous treatments of Hindu law as a purely text-based tradition, and in the process, provide a fascinating account of an often neglected social and political history.