By Ludo Rocher
The most assets for an figuring out of classical Hindu legislations are the Sanskrit treatises on spiritual and criminal tasks, referred to as the Dharmaśāstras. during this number of his significant stories within the box, Ludo Rocher provides analytical and interpretive essays on a variety of themes, from basic subject matters similar to the character of Hindu legislation and Anglo-Hindu legislations to technical issues together with notice reports and textual content feedback. Rocher’s deep engagement with the language and worldview of the authors within the Dharmaśāstra culture yields targeted and corrective contributions to the sector, that are expert through wisdom either one of the Indian grammatical culture and of Roman and civil law.
Davis’s advent offers an interpretative account of Rocher’s many contributions to the sector, equipped round the subject matters that recur in his paintings, and examines his key advances, either methodological and important. Comparisons and contrasts among Rocher’s rules and people of his Indological colleagues serve to put him within the context of a scholarly culture, whereas Rocher’s basic view that the Dharmaśāstra is before everything a scholarly and scholastic culture, instead of a pragmatic criminal one, can also be explored.
This precious assortment serves either as a precis assessment of the guidelines of Rocher, a number one authority within the box, and as a severe assessment of the influence of those rules at the current examine of legislation and Indology.
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Extra resources for Studies in Hindu Law and Dharmaśāstra
Example text
54 Ù Studies in H indu L aw and Dharmaśāstra On the other hand, there is the equally typical tendency of the Indian pandit to enrich, sophisticate, and beautify the work of his predecessors. This tendency explains why the later Dharmaśāstras are far more detailed than the earlier ones. It explains why Nārada —more correctly, the pandit who compiled the Nārada-Dharmaśāstra— further subdivided the eighteen titles of law into one hundred and thirty-two subtitles. It also explains why Yājñavalkya replaced Manu’s highest fine of 1000 paṇas by 1080.
This Rao Balwant Singh v. A. 54, 69 (1898). Bal Gangadhar Tilak v. A. 135, 148–49 (1915). 20 Sri Balasu v. A. 113, 136 (1889). 18 19 Studies in H indu L aw and Dharmaśāstra 44 Ù example not only explains why an only son should not be the object of an adoption; it also shows that what we call inheritance in Hinduism involves far more than the legal rights to an estate. The Privy Council became acutely aware of the scope of Hindu inheritance when they were faced with a murderer claiming the estate of his victim.
Legal Practice Occasional glimpses into the existence of uncodified and unknown sources of law in Hinduism naturally lead to a basic question: To what extent were the written texts on dharma true sources of law? Do the texts actually allow an evaluation of the real attitude of Hindus toward law? Answers to these questions vary considerably. At one end of the spectrum there are evaluations such as this: “There can be no doubt that the smriti rules were concerned with the practical administration of the law” (Mayne 1950: 2).