Hindu law: Beyond Tradition and Modernity

Paperback | October 1, 2008

byWerner F. Menski

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This intensively researched book argues that Hindu Law is an essentially flexible and constantly evolving system, that scholars have wrongly proclaimed it dead and merely a relic of an ancient past. The author contends that Hindu Law is very much alive and playing a role even in the currentpost-modern environment as is apparent in the way the courts themselves interpret various aspects of law, including the rules of inheritance, marriage, maintenance, and divorce. He also suggests that it would be wrong to see this law as uniformly oppressive. Wide in scope, the book examines thedevelopment of Hindu law from the ancient period, through it drastic remolding in the colonial era, to its emergence as a postmodern entity

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This intensively researched book argues that Hindu Law is an essentially flexible and constantly evolving system, that scholars have wrongly proclaimed it dead and merely a relic of an ancient past. The author contends that Hindu Law is very much alive and playing a role even in the currentpost-modern environment as is apparent in the ...

Werner F. Menski is Professor at the School of Law, School of Oriental and African Studies (SOAS) at the University of London. He is a Member of theCentre of Jaina Studies, a Member of the Centre of South Asian Studies, and Chair of the Centre for Ethnic Minority Studies). He has been a visiting professor at Tokyo University of Foreig...

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Format:PaperbackDimensions:688 pages, 9.45 × 6.22 × 0.68 inPublished:October 1, 2008Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0195699211

ISBN - 13:9780195699210

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Table of Contents

AbbreviationsPrefacePart I: Historical and conceptual background1. Introduction2. Rising from the Ashes: Postmodern Hindu Law3. Antecedents and Concepts of Traditional Hindu Law4. The Post-classical Evolution of Hindu Law and its Colonial Distortions5. Origins of Modernity in Hindu Law: Emerging Discourses on Reforms and Codification6. Contesting Modernity: Postcolonial Evolution Of Hindu Law7. Transcending Modernity: The Postmodern Reconstruction Of Hindu LawPart II: Substantive Hindu Law Beyond Tradition And Modernity8. Hindu Marriage Law9. Child Marriage10. Polygamy11. Divorce12. MaintenancePart III: Concluding Analysis13. Postmodernity and BeyondTable of CasesList of StatutesBibliographyIndex