Rocher / Davis, Jr Studies in Hindu Law and Dharmasastra

Erscheinungsjahr 2012
ISBN: 978-0-85728-578-2
Verlag: NBN International - Anthem Press
Format: PDF
Kopierschutz: Adobe DRM (»Systemvoraussetzungen)

E-Book, Englisch, 760 Seiten, Web PDF

Reihe: Anthem South Asian Normative Traditions Studies

The main sources for an understanding of classical Hindu law are the Sanskrit treatises on religious and legal duties, known as the Dharmasastras. 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 Dharmasastra 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 Dharmasastra is first and foremost a scholarly and scholastic tradition, rather than a practical legal one, is also explored.
This invaluable collection serves both as a 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.

Autoren/Hrsg.

Rocher, Ludo

Davis, Jr, Donald R.

Weitere Mitwirkende

Lariviere, Richard W.

Inhaltsverzeichnis

Foreword by Richard W. Lariviere; Preface; Abbreviations; Note on the Edition; Introduction; Part One. The Nature of Hindu Law; Hindu Conceptions of Law; The Historical Foundations of Ancient Indian Law; Hindu Law and Religion: Where to Draw the Line; Law Books in an Oral Culture: The Indian Dharmasastras; Schools of Hindu Law; Changing Patterns of Diversification in Hindu Law; Part Two. General Topics of Hindu Law; Ancient Hindu Criminal Law; Hindu Law of Succession: From the ‘Sastras’ to Modern Law; Caste and Occupation in Classical India: The Normative Texts; Megasthenes on Indian Lawbooks; The “Ambassador” in Ancient India; The Status of Minors according to Classical Hindu Law; ‘Quandoque bonus dormitat’ Jimutavahanas;  Notes on Mixed Castes in Classical India; Inheritance and ‘Sraddha’: The Principle of “Spiritual Benefit”; The Theory of Matrimonial Causes According to the ‘Dharmasastra’; Jimutavahana’s ‘Dayabhaga’ and the Maxim ‘Factum Valet’; The Divinity of Royal Power in Ancient India according to Dharmasastra; A Few Considerations on Monocracy in Ancient India; Part Three. Hindu Legal Procedure; The Theory of Proof in Ancient Hindu Law; The Problem of the Mixed Reply in Ancient Hindu Law; The Reply in Hindu Legal Procedure: Mitra Misra’s Criticism of the ‘Vyavahara-Cintama?i’; “Lawyers” in Classical Hindu Law; Anumana in the ‘B?haspatism?ti’; Part Four. Technical Studies of Hindu Law; Possession Held for Three Generations by Persons Related to the Owner; The ‘Viramitrodaya’ on the Right of Private Defence; The Technical Term ‘Anubandha’ in Sanskrit Legal Literature; The ‘Kamasutra’: Vatsyayana’s Attitude toward ‘Dharma’ and Dharmasastra; In Defense of Jimutavahana; ‘Dasadasi’; The Definition of ‘Vakparu?ya’; ‘Janmasvatvavada’ and ‘Uparamasvatvavada’: The First Chapters on Inheritance in the ‘Mitak?ara’ and ‘Dayabhaga’; Karma and Rebirth in the Dharmasastra; Notes on the Technical Term ‘Sahasa’ “Fine, Pecuniary Penalty”; ‘Avyavaharika’ Debts and Kau?ilya 3.1.1–11; The ‘Sutras’ and ‘Sastras’ on the Eight Types of Marriage; ‘Caritra? Pustakara?e’; The Terms ‘Niyukta’, ‘Aniyukta’, and ‘Niyoga’ in Sanskrit Legal Literature; The ‘Aurasa’ Son; The Introduction of the ‘Gautamadharmasutra’; Part Five. Anglo-Hindu and Customary Law; Indian Response to Anglo-Hindu Law; Can a Murderer Inherit his Victim’s Estate? British Responses to Troublesome Questions in Hindu Law; Reinterpreting Texts: When Revealed Sanskrit Texts Become Modern Law Books; Father Bouchet’s Letter on the Administration of Hindu Law; Jacob Mossel’s Treatise on the Customary Laws of the Ve??ala Che??iyars; Bibliography; Index

Über Autor(innen)

Ludo Rocher is W. Norman Brown Professor Emeritus of South Asia Regional Studies at the University of Pennsylvania.
Donald R. Davis, Jr. is associate professor of South Asian religions at the University of Wisconsin-Madison.