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Law is too often perceived solely as state-based rules and institutions that provide a rational alternative to religious rites and ancestral customs. The Spirit of Hindu Law uses the Hindu legal tradition as a heuristic tool to question this view and reveal the close linkage between law and 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. An introduction to traditional Hindu law and jurisprudence, this book is structured around key legal concepts such as the sources of law and authority, the laws of persons and things, procedure, punishment and legal practice. It combines investigation of key themes from Sanskrit legal texts with discussion of Hindu theology and ethics, as well as thorough examination of broader comparative issues in law and religion.
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.
Law is too often perceived solely as state-based rules and institutions that provide a rational alternative to religious rites and ancestral customs. The Spirit of Hindu Law uses the Hindu legal tradition as a heuristic tool to question this view and reveal the close linkage between law and 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. An introduction to traditional Hindu law and jurisprudence, this book is structured around key legal concepts such as the sources of law and authority, the laws of persons and things, procedure, punishment and legal practice. It combines investigation of key themes from Sanskrit legal texts with discussion of Hindu theology and ethics, as well as thorough examination of broader comparative issues in law and religion.
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.
The main sources for an understanding of classical Hindu law are the Sanskrit treatises on religious and legal duties, known as the Dharma stras. In this collection of his major studies in the field, Ludo Rocher presents analytical and interpretive essays on a wide range of topics, from general themes such as the nature of Hindu law and Anglo-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 Dharma stra tradition yields distinctive and corrective contributions to the field, which are informed by knowledge both of the Indian grammatical tradition and of Roman and civil law. Davis's introduction presents an interpretative account of Rocher's many contributions to the field, organized around the themes that recur in his work, and examines his key advances, both methodological and substantive. Comparisons and contrasts between Rocher's ideas and those of his Indological colleagues serve to place him in the context of a scholarly tradition, while Rocher's fundamental view that the Dharma stra is first and foremost a scholarly and scholastic tradition, rather than a practical legal one, is also explored. This invaluable collection serves both as summary review of the ideas of Rocher, a leading authority in the field, and as a critical evaluation of the impact of these ideas on the present study of law and Indology.
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