Jaina Law And Society

The struggle for the legal recognition of the Jain community in India as a religious minority from 1992 onwards has generated a renewed interest in Jaina law and an intense debate on the question of Jain identity in the context of the wider question of the interface between religion, society, law and politics in contemporary South Asia. This book analyses contemporary Jain identity and legal status in India. Chapters in this book, written experts on the subject, address the following issues: How do Jains themselves define their identity and customs privately and collectively in different situations and to what extent are such self-definitions recognised by Hindu law? In what way does the understanding of the social identity of lay Jains and their identification as 'secular' Hindu or 'religious' Jain differ in various Jain communities? The book explores these aspects which differ in accordance to the Jain representatives' distinct doctrinal interpretations, forms of organisation and legal and ethical codes. It presents the social history of Jain law and the modern construction of Jainism as an independent religion on the basis of legal documents, biographies, community histories and ethnographies, disputes over religious sites, and interviews with contemporary community leaders in both north and south India. The book fills a gap in the literature and will be an essential resource for researchers interested in Jainism, Indian religions, Indian history, Religious Studies and Law.

Interest in Indian religion and comparative philosophy has increased in recent years, but despite this the study of Jaina philosophy is still in its infancy. This book looks at the role of philosophy in Jaina tradition, and its significance within the general developments in Indian philosophy. Bringing together chapters by philologists, historians and philosophers, the book focuses on karman theory, the theory of conditional predication, epistemology and the debates of Jaina philosophers with representatives of competing traditions, such as Ājīvika, Buddhist and Hindu. It analyses the relationship between religion and philosophy in Jaina scriptures, both Digambara and Śvetāmbara, and will be of interest to scholars and students of South Asian Religion, Philosophy, and Philology.

The last ten years have seen interest in Jainism increasing, with this previously little-known Indian religion assuming a significant place in religious studies. Studies in Jaina History and Culture breaks new ground by investigating the doctrinal differences and debates amongst the Jains rather than presenting Jainism as a seamless whole whose doctrinal core has remained virtually unchanged throughout its long history. The focus of the book is the discourse concerning orthodoxy and heresy in the Jaina tradition, the question of omniscience and Jaina logic, role models for women and female identity, Jaina schools and sects, religious property, law and ethics. The internal diversity of the Jaina tradition and Jain techniques of living with diversity are explored from an interdisciplinary point of view by fifteen leading scholars in Jaina studies. The contributors focus on the principal social units of the tradition: the schools, movements, sects and orders, rather than Jain religious culture in abstract. Peter Flügel provides a representative snapshot of the current state of Jaina studies that will interest students and academics involved in the study of religion or South Asian cultures.

Jainism regards life to be eternal. Recognizing that the soul can never die, but merely takes a new body, a careful tradition welcoming death through intentional fasting developed more than two thousand years ago. A legal challenge Rajasthan was put forward in 2013, suggesting that this practice is harmful and coercive and targets women in particular. For a short while SallekhanÀ, which means the “thinning of existence,” was declared illegal. In response to this controversy, three conferences were convened by the International School for Jain Studies to explore the legal, religious, and medical aspects of this practice. Experts discussed the long history of the practice, attested to in epigraphs throughout India; the ways in which fasting to death has become an acceptable practice in the Western world; and contemporary instances of its observance in India. This volume presents an interdisciplinary approach to thinking about the end of life, from biomedical, historical, religious, and legal perspectives.

Over the past five decades, the field of religion-and-science scholarship has experienced a considerable expansion. This volume explores the historical and contemporary perspectives of the relationship between religion, technology and science with a focus on South and East Asia. These three areas are not seen as monolithic entities, but as discursive fields embedded in dynamic processes of cultural exchange and transformation. Bridging these arenas of knowledge and practice traditionally seen as distinct and disconnected, the book reflects on the ways of exploring the various dimensions of their interconnection. Through its various chapters, the collection provides an examination of the use of modern scientific concepts in the theologies of new religious organizations, and challenges the traditional notions of space by Western scientific conceptions in the 19th century. It looks at the synthesis of ritual elements and medical treatment in China and India, and at new funeral practices in Japan. It discusses the intersections between contemporary Western Buddhism, modern technology, and global culture, and goes on to look at women’s rights in contemporary Pakistani media. Using case studies grounded in carefully delineated temporal and regional frameworks, chapters are grouped in two sections; one on religion and science, and another on religion and technology. Illustrating the manifold perspectives and the potential for further research and discussion, this book is an important contribution to the studies of Asian Religion, Science and Technology, and Religion and Philosophy.

A revelatory account of the misdemeanor machine that unjustly brands millions of Americans as criminals. Punishment Without Crime offers an urgent new interpretation of inequality and injustice in America by examining the paradigmatic American offense: the lowly misdemeanor. Based on extensive original research, legal scholar Alexandra Natapoff reveals the inner workings of a massive petty offense system that produces over 13 million cases each year. People arrested for minor crimes are swept through courts where defendants often lack lawyers, judges process cases in mere minutes, and nearly everyone pleads guilty. This misdemeanor machine starts punishing people long before they are convicted; it punishes the innocent; and it punishes conduct that never should have been a crime. As a result, vast numbers of Americans -- most of them poor and people of color -- are stigmatized as criminals, impoverished through fines and fees, and stripped of drivers' licenses, jobs, and housing. For too long, misdemeanors have been ignored. But they are crucial to understanding our punitive criminal system and our widening economic and racial divides. A Publishers Weekly Best Book of 2018