Studies in Hindu Law and Dharmaśāstra


Book Description

The main sources for an understanding of classical Hindu law are the Sanskrit treatises on religious and legal duties, known as the Dharmaśāstras. In this collection of his major studies in the field, Ludo Rocher presents essays on a wide range of topics, from general themes such as the nature of Hindu law to technical matters including word studies and text criticism. Rocher’s deep engagement with the language and worldview of the authors in the Dharmaśāstra tradition yields distinctive and corrective contributions to the field. This collection serves as an invaluable introduction to a leading authority in the field of Indology.




Hindu Law


Book Description

An edited collection on the history of law and legal texts in the Hindu traditions.




The Spirit of Hindu Law


Book Description

This introduction to Hindu law and jurisprudence questions the traditional perception of law, and reveals law's close linkage with religion. Emphasizing the household, the family, and everyday relationships as additional social locations of law, it contends that law itself can be understood as a theology of ordinary life.




A Dharma Reader


Book Description

Whether defined by family, lineage, caste, professional or religious association, village, or region, India's diverse groups did settle on a concept of law in classical times. How did they reach this consensus? Was it based on religious grounds or a transcendent source of knowledge? Did it depend on time and place? And what apparatus did communities develop to ensure justice was done, verdicts were fair, and the guilty were punished? Addressing these questions and more, A Dharma Reader traces the definition, epistemology, procedure, and process of Indian law from the third century B.C.E. to the middle ages. Its breadth captures the centuries-long struggle by Indian thinkers to theorize law in a multiethnic and pluralist society. The volume includes new and accessible translations of key texts, notes that explain the significance and chronology of selections, and a comprehensive introduction that summarizes the development of various disciplines in intellectual-historical terms. It reconstructs the principal disputes of a given discipline, which not only clarifies the arguments but also relays the dynamism of the fight. For those seeking a richer understanding of the political and intellectual origins of a major twenty-first-century power, along with unique insight into the legal interactions among its many groups, this book offers exceptional detail, historical precision, and expository illumination.




Manu's Code of Law


Book Description

Manu's Code of Law is one of the most important texts in the Sanskrit canon, indeed one of the most important surviving texts from any classical civilization. It paints an astoundingly detailed picture of ancient Indian life-covering everything from the constitution of the king's cabinet to the price of a ferry trip for a pregnant woman-and its doctrines have been central to Indian thought and practice for 2000 years. Despite its importance, however, until now no one has produced a critical edition of this text. As a result, for centuries scholars have been forced to accept clearly inferior editions of Sanskrit texts and to use those unreliable editions as the basis for constructing the history of classical India. In this volume, Patrick Olivelle has assembled the critical text of Manu, including a critical apparatus containing all the significant manuscript variants, along with a reliable and readable translation, copious explanatory notes, and a comprehensive introduction on the structure, content, and socio-political context of the treatise. The result is an outstanding scholarly achievement that will be an essential tool for any serious student of India.




Dharma


Book Description

This is the first scholarly book devoted to the study of the term dharma with in the broad scope of Indian cultural and religious history. Most generalizations about Indian culture and religion upon close scrutiny turn out to be inaccurate. An exception undoubtedly is the term dharma. This term and the notions underlying it clearly constitute the most central feature of Indian civilization down the centuries, irrespective of linguistic, sectarian, or regional differences. The nineteen papers included in this collection deal with many significant historical manifestations of the term dharma. These studies by some of the leading scholars in the respective fields will both present a more nuanced picture of the semantic history of dharma by putting contours onto the flat landscape we have inherited and spur further studies of this concept so central for understanding the cultural history of the Indian subcontinent.




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.




Studies in Dharmaśāstra


Book Description

Articles on Hindu law.




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.




Justice in Extreme Cases


Book Description

In Justice in Extreme Cases, Darryl Robinson argues that the encounter between criminal law theory and international criminal law (ICL) can be illuminating in two directions: criminal law theory can challenge and improve ICL, and conversely, ICL's novel puzzles can challenge and improve mainstream criminal law theory. Robinson recommends a 'coherentist' method for discussions of principles, justice and justification. Coherentism recognizes that prevailing understandings are fallible, contingent human constructs. This book will be a valuable resource to scholars and jurists in ICL, as well as scholars of criminal law theory and legal philosophy.