Hinduism and Law: An Introduction

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Timothy Lubin, Donald R. Davis Jr, Jayanth K. Krishnan
Cambridge University Press, Oct 21, 2010 - Religion
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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.
 

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Contents

Introduction
1
Part I Hindu law
15
Chapter 1 A historical overview of Hindu law
17
a textual history
28
Chapter 3 The practice of classical Hindu law
58
Chapter 4 The creation of AngloHindu law
78
Chapter 5 Marriage and family in colonial Hindu law
89
state and identity in the Hindu Code Bills debates 19521956
105
Chapter 10 Law literature and the problem of politics in medieval India
167
ritual and poetic elements in Dharmaśamacrstra
183
Part III Law and modern Hinduism
193
Chapter 12 Temples deities and the law
195
vows before the god of justice
207
Chapter 14 Contemporary caste discrimination and affirmative action
215
Chapter 15 Law and Hindu nationalist movements
234
a thumbnail survey of selected Hindu migration patterns from South Asia
252

Part II Law in ancient and medieval Hindu traditions
121
Chapter 7 Hindu jurisprudence and scriptural hermeneutics
123
Chapter 8 Indic conceptions of authority
137
Chapter 9 Śumacrdradharma and legal treatments of caste
154
Glossary
266
Bibliography
271
Index
298
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About the author (2010)

Donald R. Davis is Associate Professor in the Department of Languages and Cultures of Asia at the University of Wisconsin, Madison. His previous publications include The Spirit of Hindu Law (Cambridge University Press, 2010) and The Boundaries of Hindu Law: Tradition, Custom and Politics in Medieval Kerala (2004).

Jayanth Krishnan is Professor of Law and the Charles L. Whistler Faculty Fellow at Indiana University, Maurer School of Law. Krishnan's academic interests focus on the legal profession and law-and-globalization, with a special emphasis on how these areas intersect in India. His publications on these subjects have appeared in reputed law reviews and peer-reviewed journals.

Timothy Lubin is Professor in the Department of Religion, and Lecturer in Law and Religion in the School of Law, at Washington and Lee University. His publications concern classical Hindu ritual and doctrine, and their relation to legal precepts and practices in India.

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