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Ācāra
Ācāra ( sa, आचार) is a concept used in the context of Classical Hindu law that refers to the customary laws or community norms of a particular social group. These community norms are delineated and put into practice by people who have earned the respect of those within each individual group, such as a community leader or elder. Although in Dharmaśāstra the ideal person who defines the ācāra of a particular place is dictated as one who knows the Vedas or is “learned”, in actual practice this role is often deferred to group leaders along with Vedic scholars.Davis, Jr. Donald R. Chapter Seven Ācāra is theologically important in Hindu law because it is considered, along with the Vedas (Śruti), and Smriti (traditional texts such as the Dharmaśāstra literature), to be one of the sources of dharma.Davis, Jr. Donald R. Chapter One Particular regional ācāra is believed to be canonized in Dharmaśāstra texts; however scholars differ on the source for the actual ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Śāstra Pramāṇam In Hinduism
In Hinduism, refers to Pramana#Śabda, the authority of the scriptures (''śruti'', Vedas) with regard to ''puruṣārtha'', the objects of human pursuit, namely ''Dharma (Hinduism), dharma'' (right conduct), ''artha'' (means of life), ''kāma'' (pleasure) and ''mokṣa'' (liberation). Together with ''smṛti'' ("that which is remembered, tradition": Dharmaśāstra, Hindu Epics, Puranas), ''ācāra'' (good custom), and ''Atmatusti, ātmatuṣṭi'' ("what is pleasing to oneself"), it provides ''pramana'' (means of knowledge) and sources of dharma, as expressed in Classical Hindu law, philosophy, rituals and customs. The first two are undisputed epistemic sources (''pramāṇa''), where śruti holds the ultimate or supreme authority as , while there is difference of opinion for and . Etymology ''Pramāṇa'' literally means "proof" and is also a concept and field of Indian philosophy. The concept is derived from the Sanskrit roots, ''pra'' (), a preposition meaning "outward" or ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Classical Hindu Law
Classical Hindu law is a category of Hindu law (dharma) in traditional Hinduism, taken to begin with the transmittance of the Vedas and ending in 1772 with the adoption of "A Plan for the Administration of Justice in Bengal" by the Bengal government. Practice Law during the classical period was theologically based on the dharmasastra, and dharma which was traditionally delineated by "learned people" or scholars of the Vedas. However, in reality, classical Hindu law was diverse in practice, varying between locations, vocational groups, and castes. Thus, the common source of classical Hindu law was the community and, therefore, laws on a whole were highly decentralized and diverse. These laws were dictated by various corporate groups such as merchant leaders, heads of caste, and kings, and because of the diverse leadership, these laws were particular to a set place. Records of classical Hindu law can be found in the Manu Smriti and other smṛti literature; although, actual cou ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Yājñavalkya Smṛti
The ''Yajnavalkya Smriti'' ( sa, याज्ञवल्क्य स्मृति, IAST: ') is one of the many Dharma-related texts of Hinduism composed in Sanskrit. It is dated between the 3rd to 5th-century CE, and belongs to the Dharmashastra tradition. The text was composed after the Manusmriti, but like it and Naradasmriti, the text was composed in ''shloka'' (poetic meter) style. The legal theories within the ''Yajnavalkya Smriti'' are presented in three books, namely ''achara-kanda'' (customs), ''vyavahara-kanda'' (judicial process) and ''prayascitta-kanda'' (crime and punishment, penance). The text is the "best composed" and systematic specimen of this genre, with large sections on judicial process theories, one which had greater influence in medieval India's judiciary practice than Manusmriti. It later became influential in the studies of legal process in ancient and medieval India, during the colonial British India, with the first translation published in German ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hindu Law
Hindu law, as a historical term, refers to the code of laws applied to Hindus, Buddhists, Jains and Sikhs in British India. Hindu law, in modern scholarship, also refers to the legal theory, jurisprudence and philosophical reflections on the nature of law discovered in ancient and medieval era Indian texts. It is one of the oldest known jurisprudence theories in the world and began three thousand years ago whose original sources were the Hindu texts. Hindu tradition, in its surviving ancient texts, does not universally express the law in the canonical sense of ''Ius (canon law), ius'' or of ''Lex (canon law), lex''. The ancient term in Indian texts is Dharma, which means more than a code of law, though collections of legal maxims were compiled into works such as the Nāradasmṛti. The term "Hindu law" is a colonial construction, and emerged after the colonial rule arrived in Indian Subcontinent, and when in 1772 it was decided by British colonial officials, that European common ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Custom (law)
A legal custom is the established pattern of behavior that can be objectively verified within a particular social setting. A claim can be carried out in defense of "what has always been done and accepted by law". Customary law (also, consuetudinary or unofficial law) exists where: #a certain legal practice is observed and #the relevant actors consider it to be an opinion of law or necessity ('' opinio juris''). Most customary laws deal with ''standards of the community'' that have been long-established in a given locale. However, the term can also apply to areas of international law where certain standards have been nearly universal in their acceptance as correct bases of action – for example, laws against piracy or slavery (see ''hostis humani generis''). In many, though not all instances, customary laws will have supportive court rulings and case law that have evolved over time to give additional weight to their rule as law and also to demonstrate the trajectory of evolu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
