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Whether defined by family, lineage, caste, professional or religious association, village, or region, India's diverse groups did settle on a concept of law in classical times. How did they reach this consensus? Was it based on religious grounds or a transcendent source of knowledge? Did it depend on time and place? And what apparatus did communities develop to ensure justice was done, verdicts were fair, and the guilty were punished? Addressing these questions and more, A Dharma Reader traces the definition, epistemology, procedure, and process of Indian law from the third century B.C.E. to the middle ages. Its breadth captures the centuries-long struggle by Indian thinkers to theorize law in a multiethnic and pluralist society. The volume includes new and accessible translations of key texts, notes that explain the significance and chronology of selections, and a comprehensive introduction that summarizes the development of various disciplines in intellectual-historical terms. It reconstructs the principal disputes of a given discipline, which not only clarifies the arguments but also relays the dynamism of the fight. For those seeking a richer understanding of the political and intellectual origins of a major twenty-first-century power, along with unique insight into the legal interactions among its many groups, this book offers exceptional detail, historical precision, and expository illumination.
The Arthaśāstra is the foundational text of Indic political thought and ancient India's most important treatise on statecraft and governance. It is traditionally believed that politics in ancient India was ruled by religion; that kings strove to fulfil their sacred duty; and that sovereignty was circumscribed by the sacred law of dharma. Mark McClish's systematic and thorough evaluation of the Arthaśāstra's early history shows that these ideas only came to prominence in the statecraft tradition late in the classical period. With a thorough chronological exploration, he demonstrates that the text originally espoused a political philosophy characterized by empiricism and pragmatism, ignoring the mandate of dharma altogether. The political theology of dharma was incorporated when the text was redacted in the late classical period, which obscured the existence of an independent political tradition in ancient India altogether and reinforced the erroneous notion that ancient India was ruled by religion, not politics.
Mahatma Gandhi and Jawaharlal Nehru helped create the myth of a nonviolent ancient India while building a modern independence movement on the principle of nonviolence (ahimsa). But this myth obscures a troubled and complex heritage: a long struggle to reconcile the ethics of nonviolence with the need to use violence to rule. Upinder Singh documents the dynamic tension between violence and nonviolence in ancient Indian political thought and practice over twelve hundred years. Political Violence in Ancient India looks at representations of kingship and political violence in epics, religious texts, political treatises, plays, poems, inscriptions, and art from 600 BCE to 600 CE. As kings controlled their realms, fought battles, and meted out justice, intellectuals debated the boundary between the force required to sustain power and the excess that led to tyranny and oppression. Duty (dharma) and renunciation were important in this discussion, as were punishment, war, forest tribes, and the royal hunt. Singh reveals a range of perspectives that defy rigid religious categorization. Buddhists, Jainas, and even the pacifist Maurya emperor Ashoka recognized that absolute nonviolence was impossible for kings. By 600 CE religious thinkers, political theorists, and poets had justified and aestheticized political violence to a great extent. Nevertheless, questions, doubt, and dissent remained. These debates are as important for understanding political ideas in the ancient world as for thinking about the problem of political violence in our own time.
This Study Is An Attempt To Focus Attention On That Aspect Of Society Which Arises Out Of Disobedience Of Established Norms And Rules Invoking Widespread Moral Indignation, Strain, Stress And Tension That Calls For Deterrents. Geographically The Study Is Chiefly Confined To Northern India While The Main Emphasis Is On A Specified Time Period Of History. The Work Is Divided Into Six Chapters. The First Chapter Deals With Source Materials And Their Respective Values. The Chapter On Crime Offers A Glimpse Of Various Crimes Prevalent During The Period From Petty Breaches Of Laws To Grave Offences Against Society And State. The Chapter On Punishment Notes The Nature And Modes Of Punishment And Remissions Of Punishment Under Prescribed Conditions. The Chapter On Police Organisation Deals With The Various Measures Employed By Police Administration To Detect Control And Prevent Crimes And The Role Of Different Officials In The Hierarchy. The Chapter On Judicial Administration Is A Survey Of The Factors Involved In The Intellectual Procedure By Which Judges Could Arrive At Decisions And Various Procedures Adopted Therefor. The Concluding Chapter Discusses Sources Of Hindu Law And Notes That Application And Interpretation Of Law Is Subject To Adjustment With Cycles Of Time And Political Changes, Which Determine The Social Attitude To Crime-Punishment Forms And Relations, Though Law Remains, Unchanged In Essence.
The Present Book, New History Of Ancient India, Is An Attempt To Present The Indian History In The Light Of Recent Discoveries And Excavations Made In This Field. The History Of India Before The Invasion Of Alexander The Great In 328 B.C. Has Been Generally Considered A Myth. Accordingly, Brahma, Vishnu And Mahesh, Manu And Mandhata, Harishchandra And Bhagirath, Shri Rama And Shri Krishna, All Have Been Treated Non-Historical, Mythical Personages. But The Recent Discoveries Like Those Of Dwarika Of Shri Krishna In The Sea And Lanka Of Ravana In Orissa As Well As The Authentic Determining Of The Date Of Floods, That Find Mention In The Purana, Have Outrightly Refuted The Past Presumptions. With New Things Coming To Light, It Is Desirable That History Be Rewritten. It Is With This View That The Present Book Has Been Written. It Aims At Presenting The Information In An Analytic Manner And Also In Chronological Order. Beginning From The Vedic Yuga, The Book Presents An In-Depth Study Of Devasura Yuga, Satya Yuga, Dwapar Yuga And Kaliyuga. All The Information, Both Conventional And Recent, Provided In The Book Are Authentic As They Are Taken From The Authoritative Sources. The Book Is Unique In Its Presentation As It Richly Provides Maps Of Ancient States, Photographs And Figures, Which Not Only Give A Glimpse Of The Related Age Or Yuga But Also Facilitate Easy Understanding Of Information. Since Miracles, Exaggerations, Mysteries And Supernatural Powers Find No Reference Here, The Book Can Be Held A Complete, Authoritative Text On Ancient Indian History.It Is Hoped That The Students, Research Scholars And Even Teachers Of Indian History Will Find This Book Highly Useful And Indispensable For Having A Thorough And Updated Knowledge Of Ancient India. Even The General Readers Will Find This Book Extremely Interesting And Informative.