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Early textual source of the vast body of Dharmasastra literature of India on religion, law, and morality contain numerous statements that present or imply an undefined conception of punishment. Yet nowhere is this conception formally defined, as if knowledge of its nature and structure were generally known. In this “first-ever” attempt to provide a definition of the conception and to recover its ideational infrastructure, the author has drawn on these sources to reconstruct the theoretical backgrounds of its distinctive metaphysical, religious, juridical, social, and moral components. He shows that the conception is “the totality of correction principles, powers, agents, processes, and operations through which acts contrary to the Universal Order are counteracted and compensated.” The volume contains extensive documentation, a glossary of Sanskrit terms, a selected bibliography, and an index.
Explores the interdisciplinary nature and potential of the field of criminology, covering the fields of sociology, economics, psychology, biology, philosophy and religious studies. The conclusion demonstrates various theoretical approaches for policy development and discusses opportunities for incorporating academic contributions into the political process.
This book deals with central and universal issues of reward, punishment and forgiveness for the first time in a compact and comprehensive way. Until now these themes have received far too little attention in scholarly research both in their own right and in their interrelationship. The scope of this study is to present them in relation to the foundations of our culture. These and related issues are treated primarily within the Hebrew Bible, using the methods of literary analysis. The centrality of these themes in all religions and all cultures has resulted, however, in a comparative investigation, drawing attention to the problem of terminology, the importance of Greek culture for the European tradition, and the fusion of Greek and Jewish-Christian cultures in our modern philosophical and theological systems. This broad perspective shows that the biblical personalist understanding of divine authority and of human righteousness or guilt provides the personalist key to the search for reconciliation in a divided world.
Manu's Code of Law is one of the most important texts in the Sanskrit canon, indeed one of the most important surviving texts from any classical civilization. It paints an astoundingly detailed picture of ancient Indian life-covering everything from the constitution of the king's cabinet to the price of a ferry trip for a pregnant woman-and its doctrines have been central to Indian thought and practice for 2000 years. Despite its importance, however, until now no one has produced a critical edition of this text. As a result, for centuries scholars have been forced to accept clearly inferior editions of Sanskrit texts and to use those unreliable editions as the basis for constructing the history of classical India. In this volume, Patrick Olivelle has assembled the critical text of Manu, including a critical apparatus containing all the significant manuscript variants, along with a reliable and readable translation, copious explanatory notes, and a comprehensive introduction on the structure, content, and socio-political context of the treatise. The result is an outstanding scholarly achievement that will be an essential tool for any serious student of India.
Addressing one of the most difficult conceptual topics in the study of classical Hinduism, Ariel Glucklich presents a rigorous phenomenology of dharma, or order. The work moves away from the usual emphasis on symbols and theoretical formulations of dharma as a religious and moral norm. Instead, it focuses on images that emerge from the basic experiential interaction of the body in its spatial and temporal contexts, such as the sensation of water on the skin during the morning purification, or the physical manipulation of the bride during the marriage ritual. Images of dharma are examined in myths, rituals, art, and even the physical landscape of the Hindu world. The varied and contingent experiences of dharma infuse it with a meaning that transcends a false analytical distinction from adharma, or chaos. Glucklich shows that when dharma is experienced by means of living images, it becomes inescapably temporal, and therefore inseparable from adharma
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. It combines investigation of key themes from Sanskrit legal texts with discussion of Hindu theology and ethics, as well as thorough examination of broader comparative issues in law and religion.
Covering all aspects of Hinduism, this encyclopedia includes more ethnographic and contemporary material in contrast to the exclusively textual and historical approach of earlier works.
Study of theory of Karma with reference to Mahābhārata and works of Paul Ricoeur.
This volume brings together sixteen articles on the religions, literatures and histories of South and Central Asia in tribute to Patrick Olivelle, one of North America's leading Sanskritists and historians of early India. An exceptionally prolific scholar, Olivelle's best-known works include 'Manu's Code of Law' (2005), 'The Early Upaniṣads' (1998) and 'The Āśrama System' (1993). Over the last four decades, the focus of his scholarship has been on the ascetic and legal traditions of India, but his work as both a researcher and a teacher extends beyond early Indian religion and literature. 'Religion and Identity and South Asia and Beyond' is a testament to that influence. The contributions in this volume, many by former students of Olivelle, are committed to linguistic and historical rigor, combined with sensitivity to how the study of Asia has been changing over the last several decades. Several of the essays examine the construction of religious and cultural identity (whether among Brahmins, Buddhists, Dalits or Muslims), while others are concerned particularly with problems of historical reconstruction and textual interpretation.
In Criminal Sentencing in Bangladesh, Muhammad Mahbubur Rahman critically examines the sentencing policies of Bangladesh and demonstrates that the country’s sentencing policies are not only yet to be developed in a coherent manner and shaped with an appropriate and contextual balance, but also remain part of the problem rather than part of the solution. The author forcefully argues that the conception of ‘sentencing policies’ cannot and should not always be confined exclusively to institutional understandings. The typical realities of post-colonial societies call for rethinking the traditional judiciary-centred understanding of what is meant by criminal sentences. This book thus raises the question for theoretical sentencing scholarship whether the prevailing judiciary-centred understanding of sentencing should be rethought.