The Spirit of Hindu Law

Author: Donald R. Davis > Jr;  

Publisher: Cambridge University Press‎

Publication year: 2010

E-ISBN: 9781316977262

P-ISBN(Paperback): 9780521877046

P-ISBN(Hardback):  9780521877046

Subject: B94 佛教

Keyword: 宗教

Language: ENG

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Description

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

Chapter

Religious law, Hindu law, and Dharmaśāstra

Chapter 1 Sources and theologies (pramana)

How to know the law

Excursus on “what pleases oneself”

Law and the household

The rule of law and the rule of the lawful

Chapter 2 Hermeneutics and ethics (mimamsa)

Ritual hermeneutics in mimamsa

Mimamsa in Hindu jurisprudence

Ethics in a process-centered theology

Chapter 3 Debt and meaning (rna)

Congenital debts and contractual debts

Debts and duties in ordinary life

The roles of law and the Hindu person

Chapter 4 Persons and things (svatva)

Theories of property in Hindu jurisprudence

The joint family and fractured property

Owning an ordinary life and owning a special life

Chapter 5 Doubts and disputes (vyavahara)

The nature of Hindu legal procedure

Legal procedure in relation to the dharma of the ruler

Hindu legal procedure and the necessary liminality of justice

Chapter 6 Rectitude and rehabilitation (danda)

Crime, punishment, and rectitude

The deterrence and education of both sin and crime

Punishment as law’s vehicle

Chapter 7 Law and practice (acara)

Acara general and Acaras specific

The practicability of Hindu jurisprudence

An approach to the history of law in India, and of Hindu law

Conclusion

The spirit of Hindu law: a summary

Criticisms of classical Hindu law

On the beauty of Hindu law

Bibliography

Primary works in sanskrit, by title

Secondary works

Index

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