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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 actua ... [...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] |
Buddhist
Buddhism ( , ), also known as Buddha Dharma and Dharmavinaya (), is an Indian religion or philosophical tradition based on teachings attributed to the Buddha. It originated in northern India as a -movement in the 5th century BCE, and gradually spread throughout much of Asia via the Silk Road. It is the world's fourth-largest religion, with over 520 million followers (Buddhists) who comprise seven percent of the global population. The Buddha taught the Middle Way, a path of spiritual development that avoids both extreme asceticism and hedonism. It aims at liberation from clinging and craving to things which are impermanent (), incapable of satisfying ('), and without a lasting essence (), ending the cycle of death and rebirth (). A summary of this path is expressed in the Noble Eightfold Path, a training of the mind with observance of Buddhist ethics and meditation. Other widely observed practices include: monasticism; " taking refuge" in the Buddha, the , and th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jain
Jainism ( ), also known as Jain Dharma, is an Indian religion. Jainism traces its spiritual ideas and history through the succession of twenty-four tirthankaras (supreme preachers of ''Dharma''), with the first in the current time cycle being Rishabhadeva, whom the tradition holds to have lived millions of years ago, the twenty-third ''tirthankara'' Parshvanatha, whom historians date to the 9th century BCE, and the twenty-fourth ''tirthankara'' Mahavira, around 600 BCE. Jainism is considered to be an eternal ''dharma'' with the ''tirthankaras'' guiding every time cycle of the cosmology. The three main pillars of Jainism are ''ahiṃsā'' (non-violence), ''anekāntavāda'' (non-absolutism), and '' aparigraha'' (asceticism). Jain monks, after positioning themselves in the sublime state of soul consciousness, take five main vows: ''ahiṃsā'' (non-violence), '' satya'' (truth), '' asteya'' (not stealing), ''brahmacharya'' (chastity), and '' aparigraha'' (non-possessiveness). Th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Manusmṛti
The ''Manusmṛiti'' ( sa, मनुस्मृति), also known as the ''Mānava-Dharmaśāstra'' or Laws of Manu, is one of the many legal texts and constitution among the many ' of Hinduism. In ancient India, the sages often wrote their ideas on how society should run in the manuscripts. It is believed that the original form of ''Manusmriti'' was changed as many things written in the manuscript contradict each other. Over fifty manuscripts of the ''Manusmriti'' are now known, but the earliest discovered, most translated and presumed authentic version since the 18th century has been the "Kolkata (formerly Calcutta) manuscript with Kulluka Bhatta commentary". Modern scholarship states this presumed authenticity is false, and the various manuscripts of ''Manusmriti'' discovered in India are inconsistent with each other, and within themselves, raising concerns of its authenticity, insertions and interpolations made into the text in later times. The metrical text is in Sansk ... [...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] |
Ancient Indian Law
Ancient history is a time period from the beginning of writing and recorded human history to as far as late antiquity. The span of recorded history is roughly 5,000 years, beginning with the Sumerian cuneiform script. Ancient history covers all continents inhabited by humans in the period 3000 BCAD 500. The three-age system periodizes ancient history into the Stone Age, the Bronze Age, and the Iron Age, with recorded history generally considered to begin with the Bronze Age. The start and end of the three ages varies between world regions. In many regions the Bronze Age is generally considered to begin a few centuries prior to 3000 BC, while the end of the Iron Age varies from the early first millennium BC in some regions to the late first millennium AD in others. During the time period of ancient history, the world population was already exponentially increasing due to the Neolithic Revolution, which was in full progress. While in 10,000 BC, the world population stood at ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Of The Land
The phrase ''law of the land'' is a legal term, equivalent to the Latin ''lex terrae'', or ''legem terrae'' in the accusative case. It refers to all of the laws in force within a country or region, including statute law and case-made law. Use in Magna Carta In the year 1215, this term was used in Magna Carta. Perhaps the most famous clause (number 39 in the 1215 charter, clause 29 in the 1297 statute) of Magna Carta states: No Freeman shall be taken or imprisoned, or be disseised of his Freehold, or Liberties, or free Customs, or be outlawed, or exiled, or any other wise destroyed; nor will We not pass upon him, nor condemn him, but by lawful judgment of his Peers, or by the ''Law of the Land''. This is sometimes called the "law of the land clause". Magna Carta was originally written in Latin, and the Latin term is ''lex terrae'', or ''legem terrae'' in the accusative case (i.e. when the term is being used as the object in a sentence).Black, Henry. ''A Law Dictionary'', page ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ... [...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] |
Guilds
A guild ( ) is an association of artisans and merchants who oversee the practice of their craft/trade in a particular area. The earliest types of guild formed as organizations of tradesmen belonging to a professional association. They sometimes depended on grants of letters patent from a monarch or other ruler to enforce the flow of trade to their self-employed members, and to retain ownership of tools and the supply of materials, but were mostly regulated by the city government. A lasting legacy of traditional guilds are the guildhalls constructed and used as guild meeting-places. Guild members found guilty of cheating the public would be fined or banned from the guild. Typically the key "privilege" was that only guild members were allowed to sell their goods or practice their skill within the city. There might be controls on minimum or maximum prices, hours of trading, numbers of apprentices, and many other things. These rules reduced free competition, but sometimes maintained ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Heresy
Heresy is any belief or theory that is strongly at variance with established beliefs or customs, in particular the accepted beliefs of a church or religious organization. The term is usually used in reference to violations of important religious Religion is usually defined as a social- cultural system of designated behaviors and practices, morals, beliefs, worldviews, texts, sanctified places, prophecies, ethics, or organizations, that generally relates humanity to supernatur ... teachings, but is also used of views strongly opposed to any generally accepted ideas. A heretic is a proponent of heresy. The term is used particularly in reference to Heresy in Christianity, Christianity, Heresy in Judaism, Judaism, and Bid‘ah, Islam. In certain historical Christian, Muslim, and Jewish cultures, among others, espousing ideas deemed heretical has been (and in some cases still is) met with censure ranging from excommunication to the death penalty. Heresy is distinct ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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