The Roots of Hindu Jurisprudence: Sources of Dharma and Interpretations of Mimamsa and Dharmashastra

Hardcover | September 29, 2011

byDomenico Francavilla

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This book is a detailed, innovative, and comprehensive examination of the sources of dharma, which is among the key concepts in Hindu jurisprudence. The book is also an introduction to the main topics of Hindu legal theory. Underlying the work of authors of various texts of Sanskrit juridicalliterature, including the dharmashastra, commentaries, and nibandhs, as well as of interpreters of questions concerning dharma, is a theory of the sources of dharma. Understanding the theory requires in-depth examination of the basis of the authority of different sources and of the issues that arisein case of conflict. The book begins with a detailed analysis the concept of dharma itself and the general problems concerning the knowledge of dharma (chapters 1-2). Then it studies the arguments used in the literature to establish the authority of sources (chapters 3-5). It pays special attentionto the authority of smrti and sadacara, which are the two crucial sources in the practical functioning of the system. It examines the theory of sources of dharma as reconstructed mainly through an analysis of Medhatithi's commentary on Manu II.6-15 and of the smrtipada of the Tantravarttika ofKumarila Bhatta, a pivotal text in the Mimamsa philosophical tradition. It concludes with a look at wider issues of legal theory, the acceptance of universal and particular authorities in Hindu jurisprudence, the role of rulers, and the law in practice.

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This book is a detailed, innovative, and comprehensive examination of the sources of dharma, which is among the key concepts in Hindu jurisprudence. The book is also an introduction to the main topics of Hindu legal theory. Underlying the work of authors of various texts of Sanskrit juridicalliterature, including the dharmashastra, com...

Domenico Francavilla has a Doctorate in Philosophy of Law from the University of Padova, 2003 and Laurea in Giurisprudenza (J.D.) from Catholic University, Milan, 1998. He was Visiting Fellow, Department of Law, Queen Mary, University of London January 2007-March 2007. He is research and teaching assistant at the University of Turin, ...
Format:HardcoverDimensions:274 pages, 8.46 × 5.51 × 0.1 inPublished:September 29, 2011Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198064373

ISBN - 13:9780198064374

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Table of Contents

IntroductionPart I: The Search Of Dharma1. A Dharmic Cosmology2. The Knowledge of DharmaPart II: The Authority of Sources3. The Authority Of The Veda4. The Authority of Smrti5. The Authority of Sadacaras And Atmanastuioi6. Conflicts Between Sources of DharmaPart III: Concluding Analysis7. The Interplay of SourcesBibliographyIndex