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Ownership and inheritance in Sanskrit jurisprudence / Christopher T. Fleming (British Academy postdoctoral fellow at the University of Oxford).

By: Material type: TextTextSeries: Oxford Oriental monographsPublication details: UK, Oxford, 2020.Edition: First editionDescription: xvi, 252 pages : illustrations, mapISBN:
  • 9780198852377
Subject(s): DDC classification:
  • 346.54052 FLE.O
Contents:
Mīmāṃsā and the Mitākṣarā School of Jurisprudence -- Navya-Nyāya and the Maithila and Gau.da Schools of Jurisprudence -- The Bhāṭṭa a School of Benares -- Anglo-Indian Schools of Hindu Law Market Governance, (Neo)Liberalism, and the Future of Dharmaśāstra in the 21st Century -- Glossary of Sanskrit Terms.
Summary: "An account of theories of ownership (svatva) and inheritance (dāya) in Sanskrit jurisprudential literature (Dharmaśāstra). This book 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. Ownership and Inheritance reconstructs medieval Sanskrit theories of property and traces the emergence of various competing schools of Sanskrit jurisprudence during the early modern period (roughly 15th-19th Centuries) in Bihar, Bengal, and Varanasi. The book 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, Ownership and Inheritance argues for far greater continuity between pre-colonial and colonial Sanskrit jurisprudence than accepted previously. Finally, this monograph charts the transformation of the Hindu law of inheritance - through precedent and statute - over the late nineteenth, twentieth, and early twenty-first centuries"--
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Book Book Dept. of Law General Stacks Dept. of Law 346.54052 FLE.O (Browse shelf(Opens below)) Available LAW5714

Based on author's thesis (doctoral - University of Oxford, 2018).

Includes bibliographical references (pages 227-239) and index.

Mīmāṃsā and the Mitākṣarā School of Jurisprudence -- Navya-Nyāya and the Maithila and Gau.da Schools of Jurisprudence -- The Bhāṭṭa a School of Benares -- Anglo-Indian Schools of Hindu Law Market Governance, (Neo)Liberalism, and the Future of Dharmaśāstra in the 21st Century -- Glossary of Sanskrit Terms.

"An account of theories of ownership (svatva) and inheritance (dāya) in Sanskrit jurisprudential literature (Dharmaśāstra). This book 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. Ownership and Inheritance reconstructs medieval Sanskrit theories of property and traces the emergence of various competing schools of Sanskrit jurisprudence during the early modern period (roughly 15th-19th Centuries) in Bihar, Bengal, and Varanasi. The book 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, Ownership and Inheritance argues for far greater continuity between pre-colonial and colonial Sanskrit jurisprudence than accepted previously. Finally, this monograph charts the transformation of the Hindu law of inheritance - through precedent and statute - over the late nineteenth, twentieth, and early twenty-first centuries"--

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