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Studies in Hindu Law and Dharmaśstra

Studies in Hindu Law and Dharmaśstra

Ludo Rocher | Donald R. Davis, Jr | Richard W. Lariviere

(2012)

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Abstract

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. 


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.


‘Donald Davis, Jr. and the Anthem Press are to be applauded for undertaking this massive project. Indologists who already know Rocher’s work will deeply appreciate that a ready means of accessing it now exists. For those unfamiliar with Rocher’s work, this volume provides a significant counterbalance for the general study of the Indian tradition, standing as a corrective for a field that has long been dominated by a one-sided focus on religion.’ —Herman Tull, ‘Journal of Hindu Studies’


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 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 Dharmaśāstra 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 Dharmaśāstra 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.


Table of Contents

Section Title Page Action Price
FRONT MATTER 1
Title Page 1
Series Page 2
Full Title Page 3
Copyright Page 4
Table of Contents 5
Foreword 9
Preface 11
Abbreviations 13
Note on the Edition 15
Introduction 17
MAIN MATTER 37
Part One: The Nature of Hindu Law 37
Hindu Conceptions of Law 39
The Historical Foundations of Ancient Indian Law 59
Hindu Law and Religion: Where to Draw the Line 83
Law Books in an Oral Culture: The Indian Dharmaśāstras 103
Schools of Hindu Law 119
Changing Patterns of Diversification in Hindu Law 129
Part Two: General Topics of Hindu Law 143
Ancient Hindu Criminal Law 145
Hindu Law of Succession: From the Śāstras to Modern Law 163
Caste and Occupation in Classical India: The Normative Texts 201
Megasthenes on Indian Lawbooks 215
The \"Ambassador\" in Ancient India 219
The Status of Minors according to Classical Hindu Law 235
Quandoque bonus dormitat Jīmūtavāhanas? 249
Notes on Mixed Castes in Classical India 255
Inheritance and Śrāddha: The Principle of \"Spiritual Benefit 267
The Theory of Matrimonial Causes According to the Dharmaśāstra 279
Jīmūtavāhana’s Dāyabhāga and the Maxim Factum Valet 305
The Divinity of Royal Power in Ancient India according to Dharmaśāstra 315
A Few Considerations on Monocracy in Ancient India 331
Part Three: Hindu Legal Procedure 359
The Theory of Proof in Ancient Hindu Law 361
The Problem of the Mixed Reply in Ancient Hindu Law 395
The Reply in Hindu Legal Procedure: Mitra Miśra’s Criticism of the Vyavahāra-Cintāmaṇi 405
Lawyers\" in Classical Hindu Law 417
Anumāna in the Bṛhaspatismṛti 435
Part Four: Technical Studies of Hindu Law 443
Possession Held for Three Generations by Persons Related to the Owner 445
The Vīramitrodaya on the Right of Private Defence 451
The Technical Term Anubandha in Sanskrit Legal Literature 473
The Kāmasūtra: Vātsyāyana’s Attitude toward Dharma and Dharmaśāstra 481
In Defense of Jīmūtavāhana 497
Dāsadāsī 503
The Definition of Vākpāruṣya 513
Janmasvatvavāda and Uparamasvatvavāda: The First Chapters on Inheritance in the Mitākṣarā and Dāyabhāga 527
Karma and Rebirth in the Dharmaśāstras 539
Notes on the Technical Term Sāhasa: \"Fine, Pecuniary Penalty 565
Avyāvahārika Debts and Kauṭilya 3.1.1–11 581
The Sūtras and Śāstras on the Eight Types of Marriage 587
Caritraṃ Pustakaraṇe 597
The Aurasa Son 613
The Introduction of the Gautamadharmasūtra 623
Part Five: Anglo-Hindu and Customary Law 631
Indian Response to Anglo-Hindu Law 633
Can a Murderer Inherit his Victim’s Estate? British Responses to Troublesome Questions in Hindu Law 643
Reinterpreting Texts: When Revealed Sanskrit Texts Become Modern Law Books 661
Father Bouchet’s Letter on the Administration of Hindu Law 673
Jacob Mossel’s Treatise on the Customary Laws of the Veḷḷāla Cheṭṭiyārs 699
END MATTER 719
Bibliography 719
Index 745