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Ācāra
Ācāra () 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 accounts foun ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dharmaśāstra
''Dharmaśāstra'' () are Sanskrit Puranic Smriti texts on law and conduct, and refer to treatises (shastras, śāstras) on Dharma. Like Dharmasūtra which are based upon Vedas, these texts are also elaborate law commentaries based on vedas, Dharmashastra themselves evolved from dharmshutra. There are many Dharmashastras, variously estimated to number from 18 to over 100. Each of these texts exists in many different versions, and each is rooted in Dharmasutra texts dated to the 1st millennium BCE that emerged from Kalpa (Vedanga) studies in the Vedic era. The textual corpus of Dharmaśāstra were composed in poetic verse, and are part of the Hindu Smritis, constituting divergent commentaries and treatises on ethics particularly duties, and responsibilities to oneself and family as well as those required as a member of society. The texts include discussion of Ashrama (stage), ashrama (stages of life), varna (Hinduism), varna (social classes), Puruṣārtha, purushartha (proper g ... [...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 cour ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Yājñavalkya Smṛti
The ''Yajnavalkya Smriti'' (, IAST: ') is one of the many Dharma-related texts of Hinduism composed in Sanskrit. It is dated between the 3rd and 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 a greater influence on 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 in 1849. The text is notable for its differences in l ... [...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'' or of '' 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 law system would not be implem ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Custom (law)
A legal custom is the established pattern of behavior 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 evolution (if any) in the judici ... [...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 (emphasis added): 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 Di ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case. Common law is deeply rooted in Precedent, ''stare decisis'' ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. The common law, so named because it was common to all the king's courts across England, originated in the practices of the courts of the English kings in the centuries fo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Śāstra Pramāṇam In Hinduism
''Śāstra'' ( ) is a Sanskrit word that means "precept, rules, manual, compendium, book or treatise" in a general sense.Monier Williams, Monier Williams' Sanskrit-English Dictionary, Oxford University Press, Article on 'zAstra'' The word is generally used as a suffix in the Indian literature context, for technical or specialized knowledge in a defined area of practice. ''Śāstra'' has a similar meaning to English ''-logy'', e.g. ecology, psychology, meaning scientific and basic knowledge on a particular subject. Examples in terms of modern neologisms include # 'physics', # 'chemistry', # 'biology', # 'architectural science', # 'science of mechanical arts and sculpture', # 'science of politics and economics', and # 'compendium of ethics or right policy'. In Western literature, ''Śāstra'' is sometimes spelled as Sastra, reflecting a misunderstanding of the IAST symbol 'ś', which corresponds to the English 'sh'. Etymology The word ''Śāstra'' literally means ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Manusmṛti
The ''Manusmṛti'' (), also known as the ''Mānava-Dharmaśāstra'' or the Laws of Manu, is one of the many legal texts and constitutions among the many ' of Hinduism. Over fifty manuscripts of the ''Manusmriti'' are now known, but the earliest discovered, most translated, and presumed authentic version since the 18th century is the "Kolkata (formerly Calcutta) manuscript with Kulluka Bhatta commentary". Modern scholarship states this presumed authenticity is false, and that the various manuscripts of ''Manusmriti'' discovered in India are inconsistent with each other. The metrical text is in Sanskrit, is dated to the 2nd century BCE to 2nd century CE, and presents itself as a discourse given by Manu (Svayambhuva) and Bhrigu on dharma topics such as duties, rights, laws, conduct, and virtues. The text's influence had historically spread outside India, influencing Hindu kingdoms in modern Cambodia and Indonesia. In 1776, ''Manusmriti'' became one of the first Sanskrit texts ... [...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 territory. The earliest types of guild formed as organizations of tradespeople 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 most were regulated by the local government. Guild members found guilty of cheating the public would be fined or banned from the guild. A lasting legacy of traditional guilds are the guildhalls constructed and used as guild meeting-places. 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. Critics argued that these rules reduced free competitio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Buddhist
Buddhism, also known as Buddhadharma and Dharmavinaya, is an Indian religion and List of philosophies, philosophical tradition based on Pre-sectarian Buddhism, teachings attributed to the Buddha, a wandering teacher who lived in the 6th or 5th century Before the Common Era, BCE. It is the Major religious groups, world's fourth-largest religion, with about 500 million followers, known as Buddhists, who comprise four percent of the global population. It arose in the eastern Gangetic plain as a movement in the 5th century BCE, and gradually spread throughout much of Asia. Buddhism has subsequently played a major role in Asian culture and spirituality, eventually spreading to Western world, the West in the 20th century. According to tradition, the Buddha instructed his followers in a path of bhavana, development which leads to Enlightenment in Buddhism, awakening and moksha, full liberation from ''Duḥkha, dukkha'' (). He regarded this path as a Middle Way between extremes su ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
