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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.
Through pointed studies of important aspects and topics of dharma
in Dharmasastra, 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.
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.
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.
A collection of story-vignettes by one of India's best contemporary
authors
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