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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] |
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] |
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] |
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, codes modify the existing common law only to the extent of its express or implicit provision, but otherwise leaves the common law intact. In the United States and other common law countries that have adopted similar legislative practices, a code of law is a standing body of statute law on a particular area, which is added to, subtracted fr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Robert Lingat
Robert Lingat (Rō̜ Lǣngkā, , 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." Early life Lingat was born in Charleville in 1892, and though not much is known of his personal life. After graduating from École nationale des Arts et Métiers, he received his doctorate in law in Paris in 1919. He married in 1920 Leontine Drouet and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Oath
Traditionally, an oath (from Old English, Anglo-Saxon ', also a plight) is a utterance, statement of fact or a promise taken by a Sacred, sacrality as a sign of Truth, verity. A common legal substitute for those who object to making sacred oaths is to give an Affirmation (law), 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 :wikt:swear, swear" is a verb used to describe the taking of an oath; to make a solemn vow. Etymology The word comes from Old English, Anglo-Saxon ': "judicial swearing, solemn appeal to deity in witness of truth or a promise"; from Proto-Germanic language, Proto-Germanic '':wikt:Reconstruction:Proto-Germanic/aiþaz, *aiþaz''; from Proto-Indo-European ''*oi-to-'': "an oath". Common to Celtic and Germanic, possibly a loan-word from one to the other, but the history is obscure and it may be non-Indo-European, in reference to careles ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trial By Ordeal
Trial by ordeal was an ancient judicial practice by which the guilt or innocence of the accused (called a "proband") was determined by subjecting them to a painful, or at least an unpleasant, usually dangerous experience. In medieval Europe, like trial by combat, trial by ordeal, such as cruentation, was sometimes considered a "judgement of God" (, ): a procedure based on the premise that God would help the innocent by performing a miracle on their behalf. The practice has much earlier roots, attested to as far back as the Code of Hammurabi and the Code of Ur-Nammu. In pre-industrial society, the ordeal typically ranked along with the oath and witness accounts as the central means by which to reach a judicial verdict. Indeed, the term ''ordeal'', Old English ''ordǣl'', has the meaning of "judgment, verdict" from Proto-West Germanic uʀdailī (see , ), ultimately from Proto-Germanic ''*uzdailiją'' "that which is dealt out". Priestly cooperation in trials by fire and water w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Procedure
Due process of law is application by the state of all legal rules and principles pertaining to a case so all legal rights that are owed to a person are respected. Due process balances the power of law of the land and protects the individual person from it. When a government harms a person without following the exact course of the law, this constitutes a due process violation, which offends the rule of law. Due process has also been frequently interpreted as limiting laws and legal proceedings (see substantive due process) so that judges, instead of legislators, may define and guarantee fundamental fairness, justice, and liberty. That interpretation has proven controversial. Analogous to the concepts of natural justice and procedural justice used in various other jurisdictions, the interpretation of due process is sometimes expressed as a command that the government must not be unfair to the people or abuse them physically or mentally. The term is not used in contemporary English ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Atmatusti
Atmatusti is a source of dharma in Hinduism, usually translated into English as being "what is pleasing to oneself." The four sources of dharma are: śruti (Vedas); ''smṛti'', "that which is remembered, tradition: Dharmaśāstra, Puranas, Epics; '' ācāra'', good custom; and ''ātmatuṣṭi''. Etymology ''Atmatusti'' is usually translated into English as being "what is pleasing to oneself." Other scholars have used different terms to describe atmatusti. For example, Derrett's translation from French to English of Lingat's ‘‘The Classical Law of India’’ has coined the term “inner contentment” in reference to atmatusti. Lingat states that inner contentment can be best understood as "the approval of one's conscious". Acceptance within the Hindu tradition The first three sources of law are rooted in the vedas, whereas atmatusti is not. It is because of this that atmatusti, as a fourth source, is not recognized by most scholars due to the lack of legitimacy. Only ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dharma
Dharma (; , ) is a key concept in various Indian religions. The term ''dharma'' does not have a single, clear Untranslatability, translation and conveys a multifaceted idea. Etymologically, it comes from the Sanskrit ''dhr-'', meaning ''to hold'' or ''to support'', thus referring to law that sustains things—from one's life to society, and to the Universe at large. In its most commonly used sense, dharma refers to an individual's moral responsibilities or duties; the dharma of a farmer differs from the dharma of a soldier, thus making the concept of dharma a varying dynamic. As with the other components of the Puruṣārtha, the concept of ''dharma'' is pan-Indian. The antonym of dharma is ''adharma''. In Hinduism, ''dharma'' denotes behaviour that is considered to be in accord with ''Ṛta''—the "order and custom" that makes life and universe possible. This includes duties, rights, laws, conduct, virtues and "right way of living" according to the stage of life or social posi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Śruti
''Śruti'' or shruti (, , ) in Sanskrit means "that which is heard" and refers to the body of most authoritative, ancient religious texts comprising the central canon of Hinduism. Manusmriti states: ''Śrutistu vedo vijñeyaḥ'' (Devanagari: श्रुतिस्तु वेदो विज्ञेयः) meaning, "Know that Vedas are Śruti". Thus, it includes the four Vedas including its four types of embedded texts—the Samhitas, the Upanishads, the Brahmanas and the Aranyakas.Wendy Doniger O'Flaherty (1988), Textual Sources for the Study of Hinduism, Manchester University Press, , pages 2-3 ''Śruti''s has been variously described as a revelation through ''anubhava'' (direct experience), or of primordial origins realized by ancient Rishis.James Lochtefeld (2002), "Shruti", The Illustrated Encyclopedia of Hinduism, Vol. 2: N–Z, Rosen Publishing. , page 645 In Hindu tradition, they have been referred to as ''apauruṣeya'' (not created by humans). The ''Śruti'' text ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Smṛti
' (, , ), also spelled ' or ', is a body of Hindu texts representing the remembered, written tradition in Hinduism, rooted in or inspired by the Vedas. works are generally attributed to a named author and were transmitted through manuscripts, in contrast to Vedic or literature, which is based on a fixed text with no specific author, and preserved through oral transmission. are derivative, secondary works and considered less authoritative than in Hinduism, except in the Mīmāmsa school of Hindu philosophy.James Lochtefeld (2002), "Smrti", The Illustrated Encyclopedia of Hinduism, Vol. 2: N–Z, Rosen Publishing, , page 656-657 The authority of accepted by orthodox schools is derived from that of , on which it is based. The literature is a corpus of varied texts that includes: the six (the auxiliary sciences in the Vedas), the epics (the and ), the and (or ), the , the , the or poetical literature, extensive (reviews and commentaries on and non- texts), and numerou ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
