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Classical Hindu Law In Practice
Classical Hindu law in practice originates from community, not a state polity. In this way, particular groups of society began to gain influence in the creation and administration of law. Primary corporate groups, Kingships, and Brahmins were the factions, which conveyed Hindu jurisprudence in practice. Corporate groups were responsible for legislating law through the conception of social norms;Davis:''The Spirit of Hindu Law'' kingships were responsible for the administration of punishment and the worldly Hindu system; and Brahmins were responsible for ritual, penance, and the maintenance of a spiritual Hindu system.Lingat: 1973 Administration of Classical Hindu Law Corporate groups Corporate groups in medieval India included, but were not limited to, merchants, traders, religious specialists, soldiers, agriculturalists, pastoralists, and castes. These groups held legal prominence in classical Indian society because the primary authority and responsibility for law at the time came ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Norm (sociology)
Social norms are shared standards of acceptable behavior by groups. Social norms can both be informal understandings that govern the behavior of members of a society, as well as be codified into rules and laws. Social normative influences or social norms, are deemed to be powerful drivers of human behavioural changes and well organized and incorporated by major theories which explain human behaviour. Institutions are composed of multiple norms. Norms are shared social beliefs about behavior; thus, they are distinct from "ideas", " attitudes", and "values", which can be held privately, and which do not necessarily concern behavior. Norms are contingent on context, social group, and historical circumstances. Scholars distinguish between regulative norms (which constrain behavior), constitutive norms (which shape interests), and prescriptive norms (which prescribe what actors ''ought'' to do). The effects of norms can be determined by a logic of appropriateness and logic of consequ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gautama
Siddhartha Gautama, most commonly referred to as the Buddha, was a wandering ascetic and religious teacher who lived in South Asia during the 6th or 5th century BCE and founded Buddhism. According to Buddhist tradition, he was born in Lumbini, in what is now Nepal, to royal parents of the Shakya clan, but renounced his home life to live as a wandering ascetic ( sa, śramaṇa). After leading a life of begging, asceticism, and meditation, he attained enlightenment at Bodh Gaya in what is now India. The Buddha thereafter wandered through the lower Indo-Gangetic Plain, teaching and building a monastic order. He taught a Middle Way between sensual indulgence and severe asceticism, leading to Nirvana, that is, freedom from ignorance, craving, rebirth, and suffering. His teachings are summarized in the Noble Eightfold Path, a training of the mind that includes meditation and instruction in Buddhist ethics such as right effort, mindfulness, and ''jhana''. He died in Kushina ... [...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] |
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] |
Legal Codes
A code of law, also called a law code or legal code, is a systematic collection of statutes. It is a type of legislation that purports to exhaustively cover a complete system of laws or a particular area of law as it existed at the time the code was enacted, by a process of codification. Though the process and motivations for codification are similar in different common law and civil law systems, their usage is different. In a civil law country, a code of law typically exhaustively covers the complete system of law, such as civil law or criminal law. By contrast, in a common law country with legislative practices in the English tradition, modify the existing common law only to the extent of its express or implicit provision, but otherwise leaves the common law intact. A code entirely replaces the common law in a particular area, leaving the common law inoperative unless and until the code is repealed. In a third case of slightly different usage, in the United States and other ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Robert Lingat
Robert Lingat (Rō̜ Lǣngkā, th, โรแบร์ แลงกาต์, 1892 – 1972), was a French-born academic and legal scholar most known for his masterwork on the practice of classical Hindu Law. He died May 7, 1972, one year before the first English translation of his work established it as the single most authoritative text on the concept of dharma in Indian legal history. This followed three decades after his three-volume Thai-language edition of Siamese laws (1939-1940) earned him recognition from renowned legal scholar John Henry Wigmore as "the greatest (and almost the only) authority on Siamese legal history," adding: "It will be a notable day when the learned editor will produce for us (as surely he is destined to do) a translation in French." Life Lingat was born in Charleville in 1892, and though not much is known of his personal life, it is established that he received his doctorate in Law in Paris in 1919. He moved to work in Bangkok as a legal advi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Nāradasmṛti
is a part of the Dharmaśāstras, written about 2400 years ago in two recensions the south India Naradamanusamhita and Nepal, in Newari language that serves as a collection of legal maxims relating to the topic of dharma. This text is purely juridical in character in that it focuses solely on procedural and substantive law. Known as the "juridical text par excellence," the is the only Dharmaśāstra text to not cover areas such as righteous conduct and penance.Lariviere 1989: ix Its focused nature has made the text highly valued by rulers and their governments, in Indian subcontinent and southeast Asia, likely as an aid of carrying out their dharma of justly ruling the country. Recensions Today there exist three recognized versions of Naradasmriti, also called Naradiya Dharmasastra. First, there is the “minor” recension, consisting of 879 verses and referred to by the siglum D. Next comes the recension known by the siglum P and consisting originally of 550 verses. Joll ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Yajnavalkya Smriti
Yajnavalkya or Yagyavalkya ( sa, याज्ञवल्क्य, ) is a Hindu Vedic sage figuring in the Brihadaranyaka Upanishad (c. 700 BCE)., Quote: "Yajnavalkya, a Vedic sage, taught..."Ben-Ami Scharfstein (1998), ''A comparative history of world philosophy: from the Upanishads to Kant'', Albany: State University of New York Press, pp. 9-11 Yajnavalkya proposes and debates metaphysical questions about the nature of existence, consciousness and impermanence, and expounds the epistemic doctrine of neti neti ("not this, not this") to discover the universal Self and Ātman. Texts attributed to him include the '' Yajnavalkya Smriti'', '' Yoga Yajnavalkya'' and some texts of the Vedanta school. He is also mentioned in Brahma puran and various Brahmanas and Aranyakas. Setting The ''Brihadaranyaka Upanishad'' is dated at c. 700 BCE,. Staal notes that though the name Yajnavalkya is derived from ''yajna'', which connotes ritual, Yajnavalkya is referred to as "a thinker, not a ri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dharma
Dharma (; sa, धर्म, dharma, ; pi, dhamma, italic=yes) is a key concept with multiple meanings in Indian religions, such as Hinduism, Buddhism, Jainism, Sikhism and others. Although there is no direct single-word translation for ''dharma'' in European languages, it is commonly translated as "righteousness", "merit" or "religious and moral duties" governing individual conduct.Britannica, The Editors of Encyclopaedia. (9 April 2019)Dharma. ''Encyclopedia Britannica''. Accessed 14 September 2021. In Hinduism, dharma is one of the four components of the ''Puruṣārtha'', the aims of life, and signifies behaviours that are considered to be in accord with '' Ṛta'', the order that makes life and universe possible. It includes duties, rights, laws, conduct, virtues and "right way of living".see: *"Dharma", ''The Columbia Encyclopedia'', 6th Ed. (2013), Columbia University Press, Gale, ; *Steven Rosen (2006), Essential Hinduism, Praeger, , Chapter 3. It had a transtempor ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Brahmin
Brahmin (; sa, ब्राह्मण, brāhmaṇa) is a varna as well as a caste within Hindu society. The Brahmins are designated as the priestly class as they serve as priests (purohit, pandit, or pujari) and religious teachers (guru or acharya). The other three varnas are the Kshatriya, Vaishya and Shudra. The traditional occupation of Brahmins is that of priesthood at the Hindu temples or at socio-religious ceremonies, and rite of passage rituals such as solemnising a wedding with hymns and prayers.James Lochtefeld (2002), Brahmin, The Illustrated Encyclopedia of Hinduism, Vol. 1: A–M, Rosen Publishing, , page 125 Traditionally, the Brahmins are accorded the highest ritual status of the four social classes. Their livelihood is prescribed to be one of strict austerity and voluntary poverty ("A Brahmin should acquire what just suffices for the time, what he earns he should spend all that the same day"). In practice, Indian texts suggest that some Brahmins historicall ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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