Studies in Hindu Law and Dharmasastra

✍ Scribed by Ludo Rocher, Donald R. Davis Jr (editor)

• Publisher: Anthem Press
• Year: 2012
• Tongue: English
• Leaves: 759
• Series: Anthem South Asian Normative Traditions Studies
• Category: Library

✦ Synopsis

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.

✦ Table of Contents

FRONT MATTER
Title Page
Series Page
Full Title Page
Copyright Page
Table of Contents
Foreword
Preface
Abbreviations
Note on the Edition
Introduction
MAIN MATTER
Part One: The Nature of Hindu Law
Hindu Conceptions of Law
The Historical Foundations of Ancient Indian Law
Hindu Law and Religion: Where to Draw the Line
Law Books in an Oral Culture: The Indian Dharmaśāstras
Schools of Hindu Law
Changing Patterns of Diversification in Hindu Law
Part Two: General Topics of Hindu Law
Ancient Hindu Criminal Law
Hindu Law of Succession: From the Śāstras to Modern Law
Caste and Occupation in Classical India: The Normative Texts
Megasthenes on Indian Lawbooks
The "Ambassador" in Ancient India
The Status of Minors according to Classical Hindu Law
Quandoque bonus dormitat Jīmūtavāhanas?
Notes on Mixed Castes in Classical India
Inheritance and Śrāddha: The Principle of "Spiritual Benefit"
The Theory of Matrimonial Causes According to the Dharmaśāstra
Jīmūtavāhana’s Dāyabhāga and the Maxim Factum Valet
The Divinity of Royal Power in Ancient India according to Dharmaśāstra
A Few Considerations on Monocracy in Ancient India
Part Three: Hindu Legal Procedure
The Theory of Proof in Ancient Hindu Law
The Problem of the Mixed Reply in Ancient Hindu Law
The Reply in Hindu Legal Procedure: Mitra Miśra’s Criticism of the Vyavahāra-Cintāmaṇi
"Lawyers" in Classical Hindu Law
Anumāna in the Bṛhaspatismṛti
Part Four: Technical Studies of Hindu Law
Possession Held for Three Generations by Persons Related to the Owner
The Vīramitrodaya on the Right of Private Defence
The Technical Term Anubandha in Sanskrit Legal Literature
The Kāmasūtra: Vātsyāyana’s Attitude toward Dharma and Dharmaśāstra
In Defense of Jīmūtavāhana
Dāsadāsī
The Definition of Vākpāruṣya
Janmasvatvavāda and Uparamasvatvavāda: The First Chapters on Inheritance in the Mitākṣarā and Dāyabhāga
Karma and Rebirth in the Dharmaśāstras
Notes on the Technical Term Sāhasa: "Fine, Pecuniary Penalty"
Avyāvahārika Debts and Kauṭilya 3.1.1–11
The Sūtras and Śāstras on the Eight Types of Marriage
Caritraṃ Pustakaraṇe
The Aurasa Son
The Introduction of the Gautamadharmasūtra
Part Five: Anglo-Hindu and Customary Law
Indian Response to Anglo-Hindu Law
Can a Murderer Inherit his Victim’s Estate? British Responses to Troublesome Questions in Hindu Law
Reinterpreting Texts: When Revealed Sanskrit Texts Become Modern Law Books
Father Bouchet’s Letter on the Administration of Hindu Law
Jacob Mossel’s Treatise on the Customary Laws of the Veḷḷāla Cheṭṭiyārs
END MATTER
Bibliography
Index