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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.
An edited collection on the history of law and legal texts in the Hindu traditions.
What is law? What is the source of law? What is the law for? How does law differ from other norms or codes of conduct? What is the difference between law and morality? Who is obligated to follow the law and why? What is the difference between moral and legal obligation? This book addresses these foundational questions about the law in general, and seeks to reorient our thoughts to the specific nature of law in India, the India of today, and the possible India of the future. This volume: covers relevant foundational elements, concepts and questions of the discipline; brings the uniqueness of Indian Philosophy of Law to the fore; critically analyzes the major theories of jurisprudence; examines legal debates on secularism, rationality, religion, rights and caste politics; and presents useful cases and examples, including free speech, equality and reservation, queer law, rape and security, and the ethics of organ donation. Lucid and accessible, the book will be indispensable to students, teachers and scholars of law, philosophy, politics as well as philosophy of law, sociology of law, legal theory and jurisprudence.
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.
The Oxford History of Hinduism: Modern Hinduism focuses on developments resulting from movements within the tradition as well as contact between India and the outside world through both colonialism and globalization. Divided into three parts, part one considers the historical background to modern conceptualizations of Hinduism. Moving away from the reforms of the 19th and early 20th century, part two includes five chapters each presenting key developments and changes in religious practice in modern Hinduism. Part three moves to issues of politics, ethics, and law. This section maps and explains the powerful legal and political contexts created by the modern state--first the colonial government and then the Indian Republic--which have shaped Hinduism in new ways. The last two chapters look at Hinduism outside India focusing on Hinduism in Nepal and the modern Hindu diaspora.
The contrast between a married householder and a celibate ascetic who has left home and family has been highlighted in scholarship on ancient Indian religion and culture. But this is the first volume dedicated exclusively to the study of the neglected member of this pair, the householder. Through detailed study of inscriptions and texts, it shows that the ancient Indian householder was viewed as someone dedicated to holiness, just like an ascetic. The history of the common Sanskrit term used for householder, gṛhastha, shows its sharp contrast to the ascetic who has left home and also points to the essential religious nature of the householder.
In 1989 John Hick published his Gifford Lectures under the title An Interpretation of Religion, a work which provided important new insights about the nature of the world's religions. Soon after, a group of scholars from around the world gathered in Claremont, California to discuss, analyze and criticize An Interpretation of Religion. This book is a written record of those proceedings - including Hick's responses - that serves to clarify both Hick's position as well as the issues which concern his critics.