The Jaina Law

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.

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.

International criminal law lacks a coherent account of individual responsibility. This failure is due to the inability of international tribunals to capture the distinctive nature of individual responsibility for crimes that are collective by their very nature. Specifically, they have misunderstood the nature of the collective action or framework that makes these crimes possible, and for which liability may be attributed to intellectual authors, policy makers and leaders. In this book, the author draws on insights from comparative law and methodology to propose doctrines of perpetration and secondary responsibility that reflect the role and function of high-level participants in mass atrocity, while simultaneously situating them within the political and social climate which renders these crimes possible. This new doctrine is developed through a novel approach which combines and restructures divergent theoretical perspectives on attribution of responsibility in English and German domestic criminal law, as major representatives of the common law and civil law systems. At the same time, it analyses existing theories of responsibility in international criminal law and assesses whether there is any justification for their retention by international criminal tribunals.