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Vyavahāra
Vyavahāra () 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 assessing witnesses and their ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Vyavahāramālā
''Vyavahāramālā'' is a treatise in Sanskrit on jurisprudence and legal practices composed by an unknown scholar from Kerala sometime during the 16th-17th centuries CE. This was the standard reference for legal practices in the kingly courts of the erstwhile kingdoms of Travancore and Cochin till the adoption of modern legal practices under the supervision and guidance of John Munro, 9th of Teaninich, John Munro (1778 – 1858) who had served as Resident and Diwan of the States of Travancore and Cochin between 1810 and 1819. However, Munro's reforms did not make ''Vyavahāramālā'' completely obsolete. Munro used it to develop an Anglo-Indian code of law for the Travancore kingdom called ''Caṭṭavariyōla'' and established a hierarchy of courts and the rules for presenting cases in those courts. ''Vyavahāramālā'' is a digest of rules on legal procedure extracted from the well-known ancient ''Smṛti'' called ''Parāśarasmṛiti''. Based on the selection and organizati ... [...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/suo moto'' ("on its own motion") describes an act of authority taken without formal prompting by another party. The term is usually applied to actions taken by a judge without a prior motion or request from the parties. The form ''nostra sponte'' ("of our own accord") is sometimes used 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 their official capacities. 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 on ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hinduism
Hinduism () is an Hypernymy and hyponymy, umbrella term for a range of Indian religions, Indian List of religions and spiritual traditions#Indian religions, religious and spiritual traditions (Sampradaya, ''sampradaya''s) that are unified by adherence to the concept of ''dharma'', a Ṛta, cosmic order maintained by its followers through rituals and righteous living, as expounded in the Vedas. The word ''Hindu'' is an exonym, and while Hinduism has been called the oldest religion in the world, it has also been described by the modern term ''Sanātana Dharma'' () emphasizing its eternal nature. ''Vaidika Dharma'' () and ''Arya dharma'' are historical endonyms for Hinduism. Hinduism entails diverse systems of thought, marked by a range of shared Glossary of Hinduism terms, concepts that discuss God in Hinduism, theology, Hindu mythology, mythology, among other topics in Hindu texts, textual sources. Hindu texts have been classified into Śruti () and Smṛti (). The major Hin ... [...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] |
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] |
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 found ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Royal Decree
A decree is a legal proclamation, usually issued by a head of state, judge, royal figure, or other relevant authorities, according to certain procedures. These procedures are usually defined by the constitution, Legislative laws, or customary laws of a government. Belgium In Belgium, a decree is a law of a community or regional parliament, e.g. the Flemish Parliament. Catholic Church A decree (Latin: ''decretum'') in the usage of the canon law of the Catholic Church has various meanings. Any papal bull, brief, or motu proprio is a decree inasmuch as these documents are legislative acts of the pope. In this sense, the term is quite ancient. The Roman Congregations were formerly empowered to issue decrees in matters which come under their particular jurisdiction but were forbidden from continuing to do so under Pope Benedict XV in 1917. Each ecclesiastical province and also each diocese may issue decrees in their periodical synods within their sphere of authority. While i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Positive Law
Positive laws () 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 origins (i.e. who it was th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Vyāsa
Vyasa (; , ) or Veda Vyasa (, ), also known as Krishna Dvaipayana Veda Vyasa (, ''Vedavyāsa''), is a ''rishi'' (sage) with a prominent role in most Hindu traditions. He is traditionally regarded as the author of the epic Mahābhārata, where he also plays a prominent role as a character. He is also regarded by the Hindu traditions to be the compiler of the mantras of the Vedas into four texts, as well as the author of the eighteen Purāṇas and the Brahma Sutras. Vyasa is regarded by many Hindus as a partial incarnation (, ) of Vishnu. He is one of the immortals called the Chiranjivis, held by adherents to still be alive in the current age known as the Kali Yuga. Name "Vyasa" (Vyāsa) means "compiler" or "arranger and also "separation" or "division."Sanskrit Dictionary for Spoken Sanskrit''Vyasa''/ref> Other meanings include "split," "differentiate," or "describe." It is also a title, given to "a holy sage or a pious learned man," and is applied to "persons distinguish ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Brihaspati
Brihaspati (, ), is a Hindu god. In the ancient Vedic scriptures, Brihaspati is associated with fire, and the word also refers to a god who counsels the devas and devis (gods and goddesses). 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 identified with god Agni (fire). His wife is Tara (or g ... [...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] |
