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Business law in medieval and early modern India developed within the voluminous and multifaceted texts called the Dharmashastras. These texts laid down rules for merchants, traders, guilds, farmers, and individuals in terms of the complex religious, legal, and moral ideal of dharma. This exciting book provides a new perspective on commercial law in this period. In addition to a description of the substantive rules for business, the book reinterprets the role of business and commerce within the law generally and demonstrates that modern assumptions about good business practice could benefit from the insights of this ancient tradition. It thus makes a compelling case for the relevance of the dharma of business to our own time.
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.
Covering the earliest Sanskrit rulebooks through to the codification of 'Hindu law' in modern times, this interdisciplinary volume examines the interactions between Hinduism and the law. The authors present the major transformations to India's legal system in both the colonial and post colonial periods and their relation to recent changes in Hinduism. Thematic studies show how law and Hinduism relate and interact in areas such as ritual, logic, politics, and literature, offering a broad coverage of South Asia's contributions to religion and law at the intersection of society, politics and culture. In doing so, the authors build on previous treatments of Hindu law as a purely text-based tradition, and in the process, provide a fascinating account of an often neglected social and political history.
An edited collection on the history of law and legal texts in the Hindu traditions.
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.
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.
This book studies the relevance of dowry as a customary practice in Indian marriages. It examines the historical articulation between traditional cultural texts and modern statutory law to understand how daughters are valued and how dowry as a custom defines this value. The author creates a conceptual link between modern, medieval and ancient marriage rites that formulate and embed dowry behaviour and practice within Indian society. This book also provides a critique of the cultural textual tradition of India and South Asia. It asserts for the first time that Vedic materialism is at the core of an adequate understanding of how dowry as wealth comes to occupy such a central position in the field of marriage. An important study into the custom and tradition of South Asia, this book will be indispensable for students and researchers of cultural studies, women’s studies, gender studies, religion, history, law and South Asian studies.
This is the first scholarly book devoted to the study of the term dharma with in the broad scope of Indian cultural and religious history. Most generalizations about Indian culture and religion upon close scrutiny turn out to be inaccurate. An exception undoubtedly is the term dharma. This term and the notions underlying it clearly constitute the most central feature of Indian civilization down the centuries, irrespective of linguistic, sectarian, or regional differences. The nineteen papers included in this collection deal with many significant historical manifestations of the term dharma. These studies by some of the leading scholars in the respective fields will both present a more nuanced picture of the semantic history of dharma by putting contours onto the flat landscape we have inherited and spur further studies of this concept so central for understanding the cultural history of the Indian subcontinent.
Leading historians and anthropologists with an interest in law gather to analyse the nature and meaning of law in diverse societies.
Winner of the 2021 Toshihide Numata Book Award in Buddhism The assertion that there is nothing in the constitution of any person that deserves to be considered the self (ātman)—a permanent, unchanging kernel of personal identity in this life and those to come—has been a cornerstone of Buddhist teaching from its inception. Whereas other Indian religious systems celebrated the search for and potential discovery of one’s “true self,” Buddhism taught about the futility of searching for anything in our experience that is not transient and ephemeral. But a small yet influential set of Mahāyāna Buddhist texts, composed in India in the early centuries CE, taught that all sentient beings...