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Ownership and Inheritance in Sanskrit Jurisprudence (Hardcover)
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Ownership and Inheritance in Sanskrit Jurisprudence (Hardcover)
Series: Oxford Oriental Monographs
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Ownership and Inheritance in Sanskrit Jurisprudence provides an
account of various theories of ownership (svatva) and inheritance
(daya) in Sanskrit jurisprudential literature (Dharmasastra). It
examines the evolution of different juridical models of
inheritance-in which families held property in trusts or in
tenancies-in-common-against the backdrop of related developments in
the philosophical understanding of ownership in the Sanskrit
text-traditions of hermeneutics (Mimamsa) and logic (Nyaya)
respectively. Christopher T. Fleming reconstructs medieval Sanskrit
theories of property and traces the emergence of various competing
schools of Sanskrit jurisprudence during the early modern period
(roughly fifteenth-nineteenth centuries) in Bihar, Bengal, and
Varanasi. Fleming attends to the ways in which ideas from these
schools of jurisprudence shaped the codification of Anglo-Hindu
personal law by administrators of the British East India Company
during the late eighteenth and early nineteenth centuries. While
acknowledging the limitations of colonial conceptions of
Dharmasastra as positive law, this study argues for far greater
continuity between pre-colonial and colonial Sanskrit jurisprudence
than accepted previously. It charts the transformation of the Hindu
law of inheritance-through precedent and statute-over the late
nineteenth, twentieth, and early twenty-first centuries.
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