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Vyavahāra
Vyavahāra ( sa, व्यवहार) is an important concept of Hindu law denoting legal procedure. The term is analyzed by Kātyāyana as follows: "Vi means ‘various,’ ava means ‘doubt,’ hara is ‘removal’; legal procedure is called by the term vyavahāra because ‘it removes various doubts.’” Kane defines it as follows: "When the ramifications of right conduct, that are together called dharma and that can be established with efforts (of various kinds such as truthful speech, etc.) have been violated, the dispute (in a court between parties) which springs from what is sought to be proved (such as debt), is said to be vyavahāra." According to Donald Davis, “There are two basic meanings of vyavahāra. The first is a general sense of practice, business, or everyday transactions. The other, specific sense is legal procedure, the processes of litigation including a trial.” Legal procedure according to the dharmaśāstras includes: court, listening to and asse ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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] |
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] |
Suo Motu
In law, ''sua sponte'' (Latin: "of his, her, its or their own accord") or ''suo motu'' ("on its own motion") describes an act of authority taken without formal prompting from another party. The term is usually applied to actions by a judge taken without a prior motion or request from the parties. The form ''nostra sponte'' ("of our own accord") is sometimes used by the court itself, when the action is taken by a multi-member court, such as an appellate court, rather than by a single judge. (Third parties describing such actions would still refer to them as being taken by the court as a whole and therefore as 'sua sponte'.) While usually applied to actions of a court, the term may reasonably be applied to actions by government agencies and individuals acting in official capacity. One situation in which a party might encourage a judge to move ''sua sponte'' occurs when that party is preserving a special appearance (usually to challenge jurisdiction), and therefore cannot make motions ... [...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] |
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] |
Royal Decree
A decree is a legal proclamation, usually issued by a head of state (such as the president of a republic or a monarch), according to certain procedures (usually established in a constitution). It has the force of law. The particular term used for this concept may vary from country to country. The ''executive orders'' made by the President of the United States, for example, are decrees (although a decree is not exactly an order). Decree by jurisdiction Belgium In Belgium, a decree is a law of a community or regional parliament, e.g. the Flemish Parliament. France The word ''décret'', literally "decree", is an old legal usage in France and is used to refer to executive orders issued by the French President or Prime Minister. Any such order must not violate the French Constitution or Civil Code, and a party has the right to request an order be annulled in the French Council of State. Orders must be ratified by Parliament before they can be modified into legislative Acts. Specia ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Positive Law
Positive laws ( la, links=no, ius positum) are human-made laws that oblige or specify an action. Positive law also describes the establishment of specific rights for an individual or group. Etymologically, the name derives from the verb ''to posit''. The concept of positive law is distinct from "natural law", which comprises inherent rights, conferred not by act of legislation but by "God, nature, or reason." Positive law is also described as the law that applies at a certain time (present or past) and at a certain place, consisting of statutory law, and case law as far as it is binding. More specifically, positive law may be characterized as "law actually and specifically enacted or adopted by proper authority for the government of an organized jural society." ''Lex humana'' versus ''lex posita'' Thomas Aquinas conflated man-made law () and positive law ( or ). However, there is a subtle distinction between them. Whereas human-made law regards law from the position of its orig ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Vyāsa
Krishna Dvaipayana ( sa, कृष्णद्वैपायन, Kṛṣṇadvaipāyana), better known as Vyasa (; sa, व्यासः, Vyāsaḥ, compiler) or Vedavyasa (वेदव्यासः, ''Veda-vyāsaḥ'', "the one who classified the Vedas"), is a revered sage portrayed in most Hindu traditions. He is traditionally regarded as the author of the ''Mahabharata.'' He is also regarded by many Hindus as the compiler of a number of significant scriptures. As a partial incarnation, Amsa Avatar (aṃśa-avatāra) of Vishnu, he is also regarded by tradition as the compiler of the mantras'' of the Vedas'' into four Vedas, as well as the author of the eighteen ''Puranas'' and the Brahma Sutras. He is one of the seven Chiranjeevis. Name Vyasa's birth name is ''Krishna Dvaipayana'', which possibly refers to his dark complexion and birthplace, although he is more commonly known as "Veda Vyasa" (''Veda Vyāsa'') as he has compiled the single, eternal ''Veda'' into fou ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Brihaspati
Brihaspati ( sa, बृहस्पति, ), also known as Guru, is a Hindu deity. In the ancient Vedic scriptures of Hinduism, Brihaspati is a deity associated with fire, and the word also refers to a rishi (sage) who counsels the devas (gods). In some later texts, the word refers to the largest planet of the solar system, Jupiter, and the deity is associated with the planet as a Navagraha. Sage Brihaspati appears in the Rigveda (pre-1000 BCE), such as in the dedications to him in the hymn 50 of Book 4; he is described as a sage born from the first great light, the one who drove away darkness, is bright and pure, and carries a special bow whose string is ''Rta'' or "cosmic order" (basis of dharma). His knowledge and character is revered, and he is considered Guru (teacher) by all the Devas. In the Vedic literature and other ancient texts, sage Brihaspati is also called by other names such as Bramanaspati, Purohita, Angirasa (son of Angiras) and Vyasa; he is sometimes identifie ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Oath
Traditionally an oath (from Anglo-Saxon ', also called plight) is either a statement of fact or a promise taken by a sacrality as a sign of verity. A common legal substitute for those who conscientiously object to making sacred oaths is to give an affirmation instead. Nowadays, even when there is no notion of sanctity involved, certain promises said out loud in ceremonial or juridical purpose are referred to as oaths. "To swear" is a verb used to describe the taking of an oath, to making a solemn vow. Etymology The word come from Anglo-Saxon ' judicial swearing, solemn appeal to deity in witness of truth or a promise," from Proto-Germanic '' *aiþaz'' (source also of Old Norse eiðr, Swedish ed, Old Saxon, Old Frisian eth, Middle Dutch eet, Dutch eed, German Eid, Gothic aiþs "oath"), from PIE *oi-to- "an oath" (source also of Old Irish oeth "oath"). Common to Celtic and Germanic, possibly a loan-word from one to the other, but the history is obscure and it may ultimately ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Title (property)
In property law, title is an intangible construct representing a bundle of rights in (to) a piece of property in which a party may own either a legal interest or equitable interest. The rights in the bundle may be separated and held by different parties. It may also refer to a formal document, such as a deed, that serves as evidence of ownership. Conveyance of the document (transfer of title to the property) may be required in order to transfer ownership in the property to another person. Title is distinct from possession, a right that often accompanies ownership but is not necessarily sufficient to prove it (for example squatting). In many cases, possession and title may each be transferred independently of the other. For real property, land registration and recording provide public notice of ownership information. In United States law, evidence of title is typically established through title reports written up by title insurance companies, which show the history of title (prop ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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