Ownership and Inheritance in Sanskrit Jurisprudence is a rich and insightful study of ownership and inheritance in precolonial and colonial India.

Samuel Wright, The Indian Economic and Social History Review

This study makes a sizeable leap forward in our understanding of the philosophical and jurisprudential thought related to ownership and inheritance in medieval and early modern India.

Donald Davis, University of Texas at Austin, Philosophy East and West

Ownership and Inheritance in Sanskrit Jurisprudence provides an account of various theories of ownership (svatva) and inheritance (dāya) in Sanskrit jurisprudential literature (Dharmaśāstra). It examines the evolution of different juridical models of inheritance--in which families held property in trusts or in tenancies-in-common--against the backdrop of related developments in the philosophical understanding of ownership in the Sanskrit text-traditions of hermeneutics (Mīmāṃsā) and logic (Nyāya) respectively. Christopher T. Fleming reconstructs medieval Sanskrit theories of property and traces the emergence of various competing schools of Sanskrit jurisprudence during the early modern period (roughly fifteenth-nineteenth centuries) in Bihar, Bengal, and Varanasi. Fleming attends to the ways in which ideas from these schools of jurisprudence shaped the codification of Anglo-Hindu personal law by administrators of the British East India Company during the late eighteenth and early nineteenth centuries. While acknowledging the limitations of colonial conceptions of Dharmaśāstra as positive law, this study argues for far greater continuity between pre-colonial and colonial Sanskrit jurisprudence than accepted previously. It charts the transformation of the Hindu law of inheritance--through precedent and statute--over the late nineteenth, twentieth, and early twenty-first centuries.
Les mer
Christopher T. Fleming provides an account of various theories of ownership and inheritance in Sanskrit jurisprudential literature.
List of Figures Introduction 1: M=im=a.ms=a and the Mit=ak.sar=a School of Jurisprudence 2: Navya-Ny=aya and the Maithila and Gau.da Schools of Jurisprudence 3: The Bh=a.t.t School of Benares 4: Anglo-Indian Schools of Hindu Law Market Governance, (Neo)Liberalism, and the Future of Dharma's=astra in the 21st Century Glossary of Sanskrit Terms Bibliography
Les mer
Offers the first comprehensive account of Ownership and Inheritance in Indian Sanskrit intellectual history from the classical to the contemporary periods Examines a series of influential and understudied Sanskrit legal and philosophical treatises, making them accessible in transliteration and translation Recounts the creation of Anglo-Hindu Law and argues for greater continuity between pre-colonial and colonial Hindu jurisprudence than understood currently Provides an authoritative point of reference for anyone working on Hindu law, comparative legal history and theory, or the history of early modern South Asia
Les mer
Christopher T. Fleming is a British Academy Postdoctoral Fellow at the University of Oxford
Offers the first comprehensive account of Ownership and Inheritance in Indian Sanskrit intellectual history from the classical to the contemporary periods Examines a series of influential and understudied Sanskrit legal and philosophical treatises, making them accessible in transliteration and translation Recounts the creation of Anglo-Hindu Law and argues for greater continuity between pre-colonial and colonial Hindu jurisprudence than understood currently Provides an authoritative point of reference for anyone working on Hindu law, comparative legal history and theory, or the history of early modern South Asia
Les mer

Produktdetaljer

ISBN
9780198852377
Publisert
2020
Utgiver
Vendor
Oxford University Press
Vekt
530 gr
Høyde
242 mm
Bredde
160 mm
Dybde
15 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
270

Om bidragsyterne

Christopher T. Fleming is a British Academy Postdoctoral Fellow at the University of Oxford