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Historiography of Ancient Indian Law

Historiography of Ancient Indian Law
Author: Shiva Kant Tiwari
Publisher:
Total Pages: 214
Release: 2018
Genre: History
ISBN: 9788131609255

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The book is a maiden voyage to compile and analyze the interpretations of ancient Indian law in modern historiography. There has been a dearth of books with historiographical approach to the study of classical Indian law, despite the fact that law has occupied a prominent place in the historical studies over the past two hundred years. Starting from British Indologist Sir William Jones, the historians owing allegiance to different schools like Imperialism, Nationalism, Marxism and Postmodernism commented fervently upon the ancient Indian law. Irrespective of their interpretive models, such comments and studies have broadened our understanding of the ancient Indian law and enriched the historiography of the same. But the comprehensive study of such vast intellectual heritage, remained a virgin territory. The followers of ancient history confined themselves to Sutra-Smriti texts, and those from Law Schools focused on post-independent codified Hindu law. In this backdrop, the present work, by studying the modern historiography of ancient Indian law, stands to be the first of its own kind. The book is historiographical in its methodology, but as and when required, primary sources have also been referred to in order to critically examine the historian's assumptions. The various interpretations have been put together in a lucid language to delineate a holistic and objective picture of various law topics such as - Marital Laws, Son-ship & Adoption, Succession & Inheritance, Women's Property Rights, International Laws, and Laws of Judicature, etc.


International Law in Ancient India

International Law in Ancient India
Author: Sekharipuram Vaidyanatha Viswanatha
Publisher:
Total Pages: 232
Release: 1925
Genre: India
ISBN:

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The History of the Arthaśāstra

The History of the Arthaśāstra
Author: Mark McClish
Publisher: Cambridge University Press
Total Pages:
Release: 2019-06-30
Genre: Political Science
ISBN: 1108756514

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The Arthaśāstra is the foundational text of Indic political thought and ancient India's most important treatise on statecraft and governance. It is traditionally believed that politics in ancient India was ruled by religion; that kings strove to fulfil their sacred duty; and that sovereignty was circumscribed by the sacred law of dharma. Mark McClish's systematic and thorough evaluation of the Arthaśāstra's early history shows that these ideas only came to prominence in the statecraft tradition late in the classical period. With a thorough chronological exploration, he demonstrates that the text originally espoused a political philosophy characterized by empiricism and pragmatism, ignoring the mandate of dharma altogether. The political theology of dharma was incorporated when the text was redacted in the late classical period, which obscured the existence of an independent political tradition in ancient India altogether and reinforced the erroneous notion that ancient India was ruled by religion, not politics.


Ancient Law

Ancient Law
Author: Henry Sumner Maine
Publisher:
Total Pages: 460
Release: 1906
Genre: Anthropology
ISBN:

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Hindu Law

Hindu Law
Author: Patrick Olivelle
Publisher: Oxford University Press
Total Pages: 572
Release: 2018
Genre: Religion
ISBN: 0198702604

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"The foundation of Hindu law is the voluminous textual tradition called Dharmaśāstra, the expert tradition on dharma. This book seeks to delineate the historical development of Dharmaśāstra, even though the tradition presented dharma as timeless and ahistorical. The volume establishes the importance of law for the history and study of Hinduism by providing interpretive descriptions of all the major topics of Hindu dharma according to this tradition. First, two broad introductions to the historical development of the textual sources of Hindu law suggest new ways to understand both the original texts (smṛti) and the later commentaries and digests. Next, groundbreaking research into the origin of the householder (gṛhastha), who is at the center of the Dharmaśāstric enterprise, provides new insights into both the origin of this genre and many of its topics, such as the āśrama system and married household life. The book devotes its central chapters to each of the major topics of Dharmaśāstra: epistemology of dharma, caste and social class, orders of life, rites of passage, Vedic student and graduate, marriage, children, inheritance, women, daily duties, food, gifting, funeral and ancestral offerings, impurity and purification, ascetic modes of life, dharma during emergencies, king, punishment, legal procedure, titles of law, penances, vows, pilgrimage, images, and temples. The final chapters then explore both the reception of Dharmaśāstra in other religious traditions, both Hindu and Buddhist, and the relevance of Dharmaśāstra to studies of critical concepts in religious studies—the body, emotions, material culture, subjectivity, animal studies, and vernacular culture."--


King, Governance, and Law in Ancient India

King, Governance, and Law in Ancient India
Author: Kauṭalya
Publisher: Oxford University Press
Total Pages: 785
Release: 2013-01-31
Genre: Biography & Autobiography
ISBN: 0199891826

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King, Governance, and Law in Ancient India presents an English translation of Kautilya's Arthashastra (AS.) along with detailed endnotes. When it was discovered in 1923, the Arthashastra was described as perhaps the most precious work in the whole range of Sanskrit literature, an assessment that still rings true. This new translation of this significant text, the first in close to half a century takes into account a number of important advances in our knowledge of the texts, inscriptions, and archeological and art historical remains from the period in Indian history to which the AS. belongs (2nd-3rd century CE, although parts of it may be much older). The text is what we would today call a scientific treatise. It codifies a body of knowledge handed down in expert traditions. It is specifically interested in two things: first, how a king can expand his territory, keep enemies at bay, enhance his external power, and amass riches; second, how a king can best organize his state bureaucracy to consolidate his internal power, to suppress internal enemies, to expand the economy, to enhance his treasury through taxes, duties, and entrepreneurial activities, to keep law and order, and to settle disputes among his subjects. The book is accordingly divided into two sections: the first encompassing Books 1-5 deals with internal matters, and the second spanning Books 6-14 deals with external relations and warfare. The AS. stands alone: there is nothing like it before it and there is nothing after it-if there were other textual productions within that genre they are now irretrievably lost. Even though we know of many authors who preceded Kautilya, none of their works have survived the success of the AS. Being "textually" unique makes it difficult to understand and interpret difficult passages and terms; we cannot look to parallels for help. The AS. is also unique in that, first, it covers such a vast variety of topics and, second, it presents in textual form expert traditions in numerous areas of human and social endeavors that were handed down orally. Expert knowledge in diverse fields communicated orally from teacher to pupil, from father to son, is here for the first time codified in text. These fields include: building practices of houses, forts, and cities; gems and gemology; metals and metallurgy; mining, forestry and forest management; agriculture; manufacture of liquor; animal husbandry, shipping, and the management of horses and elephants- and so on. Finally, it is also unique in presenting a viewpoint distinctly different from the Brahmanical "party line" we see in most ancient Indian documents.