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The main sources for an understanding of classical Hindu law are the Sanskrit treatises on religious and legal duties, known as the Dharmaśāstras. In this collection of his major studies in the field, Ludo Rocher presents essays on a wide range of topics, from general themes such as the nature of 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 Dharmaśāstra tradition yields distinctive and corrective contributions to the field. This collection serves as an invaluable introduction to a leading authority in the field of Indology.
Judicial debates on the regulation of religion in post-colonial India have been characterised by the inability of courts to identify religion as a governable phenomenon. This book investigates the identification and regulation of religion through an intellectual history of law's creation of religion from the colonial to the post-colonial. Moving beyond conventional explanations on the failure of secularism and the secular state, it argues that the impasse in the legal regulation of religion lies in the methodologies and frameworks used by British colonial administrators in identifying and governing religion. Drawing on insights from post-colonial theory and religious studies, it demonstrates the role of secular legal reasoning in the background of Western intellectual history and Christian theology through an illustration of the place of worship. It is a contribution to South Asian legal history and sociolegal studies analysing court archives, colonial narratives and legislative documents.
The phenomenon of caste has probably aroused more controversy than any other aspect of Indian life and thought. Susan Bayly's cogent and sophisticated analysis explores the emergence of the ideas, experiences and practices which gave rise to the so-called 'caste society' from the pre-colonial period to the end of the twentieth century. Using an historical and anthropological approach, she frames her analysis within the context of India's dynamic economic and social order, interpreting caste not as an essence of Indian culture and civilization, but rather as a contingent and variable response to the changes that occurred in the subcontinent's political landscape through the colonial conquest. The idea of caste in relation to Western and Indian 'orientalist' thought is also explored.