Tradition Veda And Law

The essays presented in this volume constitute a progression from general considerations related to the ‘etic’ (in the geertzian sense of the word) approach to South Asian cultural productions, to peculiar and detailed investigations of them. Such a sequence is meant to develop a renovated and systemic approach, through which these specific cultural materials should be interpreted: materials not to be read in isolation, nor with an overemphasised concern for cultural relativity. Rather, they should be viewed as meaningful examples of sophisticated intellectual and cultural procedures to be included into a broader comparative discussion, also in order to increase the quality and the depth of such debate.

The essays presented in this volume constitute a progression from general considerations related to the 'etic' (in the geertzian sense of the word) approach to South Asian cultural productions, to peculiar and detailed investigations of them. Such a sequence is meant to develop a renovated and systemic approach, through which these specific cultural materials should be interpreted: materials not to be read in isolation, nor with an overemphasised concern for cultural relativity. Rather, they should be viewed as meaningful examples of sophisticated intellectual and cultural procedures to be included into a broader comparative discussion, also in order to increase the quality and the depth of such debate. The studies gathered in this volume are therefore arranged to fit specific South Asian materials into larger analytical frameworks.

Master's Thesis from the year 2017 in the subject Law - Comparative Legal Systems, Comparative Law, , language: English, abstract: This study intends to be a comparative analysis between two legal tradition which grew up in two different civilizations. The concept of Dharma in Medieval Hindu legal philosophy and Thomas Aquinas’ Natural Law theory have been taken into the comparison in this research as two great legal traditions which grew in the same period of middle age. This research has examined the salient features of natural law ascribed by concept of Dharma in medieval Hindu jurisprudence and how natural law was perceived by Aquinas in his legal philosophy which was aptly described in his master work “ Summa Theologiae”. Apart from mere analyzing facts this study further examines the affinities that existed between concept of Dharma and Aquinas’ theory of Natural Law.

The essays presented in this volume constitute a progression from general considerations related to the 'ethic' (in the geertzian sense of the word) approach to South Asian cultural productions, to peculiar and detailed investigations of them.

This introduction to Hindu law and jurisprudence questions the traditional perception of law, and reveals law's close linkage with 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.

Through pointed studies of important aspects and topics of dharma in Dharmaśāstra, 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.

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.

"The foundation of Hindu law is the voluminous textual tradition called Dharmaśāstra, the expert tradition on dharma. This book seeks to delineate the historical development of Dharmaśāstra, even though the tradition presented dharma as timeless and ahistorical. The volume establishes the importance of law for the history and study of Hinduism by providing interpretive descriptions of all the major topics of Hindu dharma according to this tradition. First, two broad introductions to the historical development of the textual sources of Hindu law suggest new ways to understand both the original texts (smṛti) and the later commentaries and digests. Next, groundbreaking research into the origin of the householder (gṛhastha), who is at the center of the Dharmaśāstric enterprise, provides new insights into both the origin of this genre and many of its topics, such as the āśrama system and married household life. The book devotes its central chapters to each of the major topics of Dharmaśāstra: epistemology of dharma, caste and social class, orders of life, rites of passage, Vedic student and graduate, marriage, children, inheritance, women, daily duties, food, gifting, funeral and ancestral offerings, impurity and purification, ascetic modes of life, dharma during emergencies, king, punishment, legal procedure, titles of law, penances, vows, pilgrimage, images, and temples. The final chapters then explore both the reception of Dharmaśāstra in other religious traditions, both Hindu and Buddhist, and the relevance of Dharmaśāstra to studies of critical concepts in religious studies—the body, emotions, material culture, subjectivity, animal studies, and vernacular culture."--