Studies in Hindu Law and Dharmastra (Anthem South Asian Studies,Anthem South Asian Normative Traditions Studies)

The main sources for an understanding of classical Hindu law are the Sanskrit treatises on religious and legal duties, known as the Dharmaśāstras. In this collection of his major studies in the field, Ludo Rocher presents essays on a wide range of topics, from general themes such as the nature of Hindu law to technical matters including word studies and text criticism. Rocher’s deep engagement with the language and worldview of the authors in the Dharmaśāstra tradition yields distinctive and corrective contributions to the field. This collection serves as an invaluable introduction to a leading authority in the field of Indology. FRONT MATTER 1 Title Page 1 Series Page 2 Full Title Page 3 Copyright Page 4 Table of Contents 5 Foreword 9 Preface 11 Abbreviations 13 Note on the Edition 15 Introduction 17 MAIN MATTER 37 Part One: The Nature of Hindu Law 37 Hindu Conceptions of Law 39 The Historical Foundations of Ancient Indian Law 59 Hindu Law and Religion: Where to Draw the Line 83 Law Books in an Oral Culture: The Indian Dharmaśāstras 103 Schools of Hindu Law 119 Changing Patterns of Diversification in Hindu Law 129 Part Two: General Topics of Hindu Law 143 Ancient Hindu Criminal Law 145 Hindu Law of Succession: From the Śāstras to Modern Law 163 Caste and Occupation in Classical India: The Normative Texts 201 Megasthenes on Indian Lawbooks 215 The "Ambassador" in Ancient India 219 The Status of Minors according to Classical Hindu Law 235 Quandoque bonus dormitat Jīmūtavāhanas? 249 Notes on Mixed Castes in Classical India 255 Inheritance and Śrāddha: The Principle of "Spiritual Benefit" 267 The Theory of Matrimonial Causes According to the Dharmaśāstra 279 Jīmūtavāhana’s Dāyabhāga and the Maxim Factum Valet 305 The Divinity of Royal Power in Ancient India according to Dharmaśāstra 315 A Few Considerations on Monocracy in Ancient India 331 Part Three: Hindu Legal Procedure 359 The Theory of Proof in Ancient Hindu Law 361 The Problem of the Mixed Reply in Ancient Hindu Law 395 The Reply in Hindu Legal Procedure: Mitra Miśra’s Criticism of the Vyavahāra-Cintāmaṇi 405 "Lawyers" in Classical Hindu Law 417 Anumāna in the Bṛhaspatismṛti 435 Part Four: Technical Studies of Hindu Law 443 Possession Held for Three Generations by Persons Related to the Owner 445 The Vīramitrodaya on the Right of Private Defence 451 The Technical Term Anubandha in Sanskrit Legal Literature 473 The Kāmasūtra: Vātsyāyana’s Attitude toward Dharma and Dharmaśāstra 481 In Defense of Jīmūtavāhana 497 Dāsadāsī 503 The Definition of Vākpāruṣya 513 Janmasvatvavāda and Uparamasvatvavāda: The First Chapters on Inheritance in the Mitākṣarā and Dāyabhāga 527 Karma and Rebirth in the Dharmaśāstras 539 Notes on the Technical Term Sāhasa: "Fine, Pecuniary Penalty" 565 Avyāvahārika Debts and Kauṭilya 3.1.1–11 581 The Sūtras and Śāstras on the Eight Types of Marriage 587 Caritraṃ Pustakaraṇe 597 The Aurasa Son 613 The Introduction of the Gautamadharmasūtra 623 Part Five: Anglo-Hindu and Customary Law 631 Indian Response to Anglo-Hindu Law 633 Can a Murderer Inherit his Victim’s Estate? British Responses to Troublesome Questions in Hindu Law 643 Reinterpreting Texts: When Revealed Sanskrit Texts Become Modern Law Books 661 Father Bouchet’s Letter on the Administration of Hindu Law 673 Jacob Mossel’s Treatise on the Customary Laws of the Veḷḷāla Cheṭṭiyārs 699 END MATTER 719 Bibliography 719 Index 745 The main sources for an understanding of classical Hindu law are the Sanskrit treatises on religious and legal duties, known as the Dharmasastras. In this collection of his major studies in the field, Ludo Rocher presents essays on a wide range of topics, from general themes such as the nature of Hindu law to technical matters including word studies and text criticism. Rocher's deep engagement with the language and worldview of the authors in the Dharmasastra tradition yields distinctive and corrective contributions to the field. This collection serves as an invaluable introduction to a leading authority in the field of Indology This book presents for the first time a collection of the major studies on Hindu law and Dharmasastra by Ludo Rocher, one of the brightest lights of American academia. This collection of essays serves as an invaluable introduction to Rocher?s distinctive and important contributions to the field of Indology