Donald R. Davis Jr. - Hinduism and Law: An Introduction
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Covering the earliest Sanskrit rulebooks through to the codification of Hindu law in modern times, this interdisciplinary volume examines the interactions between Hinduism and the law. The authors present the major transformations to Indias legal system in both the colonial and post colonial periods and their relation to recent changes in Hinduism. Thematic studies show how law and Hinduism relate and interact in areas such as ritual, logic, politics, and literature, offering a broad coverage of South Asias contributions to religion and law at the intersection of society, politics and culture. In doing so, the authors build on previous treatments of Hindu law as a purely text-based tradition, and in the process, provide a fascinating account of an often neglected social and political history.;Machine generated contents note: Foreword ; List of contributors ; Chronology ; Map ; Introduction Timothy Lubin, Donald R. Davis, Jr and Jayanth Krishnan ; Part I. Hindu Law: 1. An historical overview of Hindu law Donald R. Davis, Jr ; 2. Dharmastra: a textual history Patrick Olivelle ; 3. Hindu legal practice in premodern India Axel Michaels ; 4. The creation of Anglo-Hindu law Rosane Rocher ; 5. Marriage and family in colonial Hindu law Rachel Sturman ; 6. Hindu law as personal law Rina Verma Williams ; Part II. Law in Ancient and Medieval Hindu Traditions: 7. Hindu jurisprudence and scriptural hermeneutics Lawrence McCrea ; 8. Indic conceptions of authority Timothy Lubin ; 9. dra Dharma and legal treatments of caste Ananya Vajpeyi ; 10. Law, literature, and the problem of politics in medieval India Whitney Cox ; 11. Hindu law as performance: ritual and poetic elements in Dharmastra Robert Yelle ; Part III. Law and Modern Hinduism: 12. Temples, deities, and the law Richard Davis ; 13. In the divine court of appeals: vows before the God of justice Aditya Malik ; 14. Contemporary caste discrimination and affirmative action Laura Dudley Jenkins ; 15. Law and Hindu nationalist movements Smita Narula ; 16. Law and the Hindu Diaspora: a thumbnail survey Jayanth Krishnan ; Appendices ; Glossary ; Bibliography.
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Hinduism and Law
Covering the earliest Sanskrit rulebooks through to the codification of Hindu law in modern times, this interdisciplinary volume examines the interactions between Hinduism and the law. The authors present the major transformations to Indias legal system in both the colonial and postcolonial periods and their relation to recent changes in Hinduism. Thematic studies show how law and Hinduism relate and interact in areas such as ritual, logic, politics, and literature, offering a broad coverage of South Asias contributions to religion and law at the intersection of society, politics, and culture. In doing so, the authors build on previous treatments of Hindu law as a purely text-based tradition and, in the process, provide a fascinating account of an often neglected social and political history.
Timothy Lubin is Professor in the Department of Religion, and Lecturer in Law and Religion in the School of Law at Washington and Lee University. His publications concern classical Hindu ritual and doctrine, and their relation to legal precepts and practices in India.
Donald R. Davis, Jr ., is Associate Professor in the Department of Languages and Cultures in Asia at the University of Wisconsin, Madison. His previous publications include The Spirit of Hindu Law (2010) and The Boundaries of Hindu Law: Tradition, Custom and Politics in Medieval Kerala (2004).
Jayanth K. Krishnan is Professor of Law and the Charles L. Whistler Faculty Fellow at Indiana University, Bloomington, Maurer School of Law. Krishnans academic interests focus on the legal profession and law-and-globalization, with a special emphasis on how these areas intersect in India. His publications on these subjects have appeared in reputed law reviews and peer-reviewed journals.
Hinduism and Law: An Introduction
Edited by
Timothy Lubin
Washington and Lee University
Donald R. Davis , Jr.
University of Wisconsin, Madison
Jayanth K. Krishnan
Maurer School of Law, Indiana University, Bloomington
CAMBRIDGE UNIVERSITY PRESS
Cambridge, New York, Melbourne, Madrid, Cape Town, Singapore, So Paulo, Delhi, Dubai, Tokyo, Mexico City
Cambridge University Press
The Edinburgh Building, Cambridge CB2 8RU, UK
Published in the United States of America by Cambridge University Press, New York
www.cambridge.org
Information on this title: www.cambridge.org/9780521887861
Cambridge University Press 2010
This publication is in copyright. Subject to statutory exception and to the provisions of relevant collective licensing agreements, no reproduction of any part may take place without the written permission of Cambridge University Press.
First published 2010
Printed in the United Kingdom at the University Press, Cambridge
A catalog record for this publication is available from the British Library
Library of Congress Cataloging in Publication data
Hinduism and law : an introduction / [edited by] Timothy Lubin, Donald R. Davis, Jr.,
Jayanth K. Krishnan.
p. cm.
ISBN 978-0-521-88786-1 (hardback)
1. Hindu Law. 2. Hindu law History Sources. 3. Law India History.
4. Hinduism. I. Lubin, Timothy, 1964 II. Davis, Donald R., Jr., 1970 III. Krishnan,
Jayanth K., IV. Title.
KNS122.H564 2010
349.54dc22
2010015147
ISBN 978-0-521-88786-1 Hardback
ISBN 978-0-521-71626-0 Paperback
Cambridge University Press has no responsibility for the persistence or accuracy of URLs for external or third-party internet websites referred to in this publication, and does not guarantee that any content on such websites is, or will remain, accurate or appropriate.
List of contributors
Editors
Timothy Lubin
is Professor in the Department of Religion, and Lecturer in Law and Religion in the School of Law at Washington and Lee University.
His publications concern classical Hindu ritual and doctrine, and their relation to legal precepts and practices in India. He is at work on a volume entitled Authority, Law, and the Polity in Premodern India .
Donald R. Davis , Jr.,
is Associate Professor in the Department of Languages and Cultures in Asia at the University of Wisconsin, Madison.
His previous publications include The Spirit of Hindu Law (2010) and The Boundaries of Hindu Law: Tradition, Custom and Politics in Medieval Kerala (2004).
Jayanth K. Krishnan
is Professor of Law and the Charles L. Whistler Faculty Fellow at Indiana University, Bloomington, Maurer School of Law.
Krishnans academic interests focus on the legal profession and law-and-globalization, with a special emphasis on how these areas intersect in India. His publications on these subjects have appeared in reputed law reviews and peer-reviewed journals.
Contributors
Whitney Cox
is Lecturer in Sanskrit at the School of Oriental and African Studies, University of London.
His research interests include Sanskrit and Tamil literature and literary theory, and the history of 
aivism. He is at present working on a reinterpretation of the accession of the Cola emperor Kulottu
ga I.
aivism. He is at present working on a reinterpretation of the accession of the Cola emperor Kulottuga I.Richard H. Davis
is Professor of Religion and Asian Studies at Bard College.
His most recent books are A Priests Guide for the Great Festival: Aghorasivas Mahotsavavidhi (2009) and Global India circa 100 CE: South Asia in Early World History (2010).
Laura Dudley Jenkins
is Associate Professor of Political Science at the University of Cincinnati.
Previous publications include her book on affirmative action, Identity and Identification in India: Defining the Disadvantaged (2003, 2009), as well as articles on religious freedom and conversion, competing minorities claims for affirmative action, colonial and contemporary government anthropology, the role of social science in anti-discrimination law, and reserved legislative seats for women.
Aditya Malik
is Associate Professor/Reader in Indian Religions in the School of Social and Political Sciences at the University of Canterbury, New Zealand.
His publications on pilgrimage, oral narratives, and ritual performance in Rajasthan and Uttarakhand include Nectar Gaze and Poison Breath: An Analysis and Translation of the Rajasthani Oral Narrative of Devnarayan (2005).
Lawrence McCrea
is Assistant Professor of Sanskrit Studies at Cornell University.
His research focuses mainly on traditional Indian poetics, hermeneutics, and language theory. He is the author of The Teleology of Poetics in Medieval Kashmir (2008) and (with Parimal Patil) of Buddhist Philosophy of Language in India: J
na
r
mitras Monograph on Exclusion (2010).
narmitras Monograph on Exclusion (2010).Axel Michaels
is Professor of Classical Indology in the South Asia Institute, Heidelberg University.
His publications include Hinduism: Past and Present (2004), The Price of Purity: The Religious Judge in 19th Century Nepal (2006), and
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