Hindu Law and Society
Open accessAbstract
Hindu Law is the first comprehensive study of the Sanskrit-language literatures on dharma since the publication of P. V. Kane's five-volume History of Dharmaśāstra. The present essay offers a detailed review of this significant new work's contents and its contributions to the study of the Dharmaśāstras. Particular attention is paid to the various places where Hindu Law revises the historical record or furnishes new insight into religious and other practices, symbols, and social institutions defined by dharmaśāstric works. This essay concludes with a suggestion for future research, which is made possible in no small part by the contributions of the volume here under review.
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0 of 11 cited sources checked · 0 supported · 0 flagged
- Findingcitation§ Abstract
In dharma traditions, caste strongly influences a person's social and religious fate.
“caste does much to guide one's fate in social and religious affairs.”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites chap.24
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
- Findingcitation§ Abstract
Kane's History examined Hindu tantrism in detail.
“the latter of which, at least, was examined in detail in Kane's History.”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites Kane's History, vol. 5, pt.2: 1031-51
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
- Interpretationcitation§ Abstract
Because Dharmaśāstra commentaries engage only the texts themselves, information from Dharmaśāstra works on contemporaneous social life can be culled only secondarily.
“It is for this reason that the information furnished by Dharmaśāstra works on contemporaneous social life may be culled only secondarily, a caveat to be borne in mind while reading all the chapters of this volume.”
Quote in the paperSubstantial claim - Interpretationnone given§ Abstract
The legal sophistication of the dharma texts did not produce modern civility or equality before the law.
“Theirs was a sophistication, I hasten to add, however, that did not ensure a modern civility or equality under the law.”
Quote in the paperSubstantial claim - Interpretationreasoning§ Abstract
Royal power in premodern India never completely eliminated the self-determination of all groups in the realm.
“never fully effaced the self determination of all groups in the realm”
Quote in the paperSubstantial claim
- Interpretationcitation§ Abstract
Dharma traditions fundamentally shaped Hinduism and South Asia's political and social structures from the late Vedic period to at least the British period.
“the dharma traditions fundamentally shaped Hinduism and the political and social structures of South Asia, from the late Vedic period to at least the time of the British.”
Quote in the paperSubstantial claim0 of 1 sources checked- cites Davis 2007 source
- Interpretationreasoning§ Abstract
The Dharmasūtras and Dharmaśāstras set out legal processes and terminology that closely resemble those of modern courts.
“the texts elaborate sophisticated legal processes and a rich legal terminology that practically match those of modern courts.”
Quote in the paperSubstantial claim - Interpretationcitation§ Abstract
There were influences between Buddhist works and dharma literatures in both directions.
“a focused study of the possible influences of Buddhist works on the dharma literatures and vice versa”
Quote in the paperSubstantial claim0 of 1 sources checked- cites chap.29
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
- Interpretationreasoning§ Abstract
Caste bias favored privileged groups, especially Brahmins, in legal proceedings and procedures.
“caste bias tilted legal proceedings and procedures in favor of those of privilege, particularly Brahmins.”
Quote in the paperSubstantial claim
- Classified as probably not a substantial claim. 30
- May combine two claims. 6
- The quote only partly states this claim. 2
Probably not a substantial claim: may not pass S3 (load-bearing).
Findingreasoning§ AbstractNarrative literatures are underexplored in the other chapters of Hindu Law.
“it is one underexplored in the other chapters of Hindu Law.”
Quote in the paperNot a substantial claimProbably not a substantial claim: may not pass S3 (load-bearing).
Findingnone given§ AbstractThe volume favors the early formation of Dharmasūtras and canonical Dharmaśāstric works, with somewhat less emphasis on late-Vedic texts.
“Preference instead is given to the early periods of the formation of the Dharmasūtras and the canonical Dharmaśāstric works, with substantial but somewhat lesser emphasis also placed on late-Vedic textual sources.”
Quote in the paperNot a substantial claimMay combine two claims.
Findingcitation§ AbstractThe term gṛhastha begins to appear in dharma texts and becomes the standard term, while gṛhapati never appears in dharma texts.
“The term gṛhastha only begins to appear in the dharma texts and from then on is the standard term of art, while gṛhapati never appears in dharma texts.”
Quote in the paperNot a substantial claimClassified as probably not a substantial claim.
Findingcitation§ AbstractBrick and Davis conclude, following Ludo Rocher, that commentaries do not update tradition but engage in a specialized discourse concerning only the texts themselves.
“Their conclusion, following Ludo Rocher, 6 is decidedly not that commentaries update tradition, but rather that they engage in a specialized discourse concerning only the texts themselves.”
Quote in the paperSubstantial claim0 of 1 sources checked- cites Rocher 2012: 427
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
Probably not a substantial claim: may not pass S3 (load-bearing).
Findingcitation§ AbstractDonald Davis's chapter thoroughly treats the reception of Dharmaśāstras in Sanskrit technical learning, the Mahābhārata, epigraphic and documentary sources, colonial law, and post-Independence India.
“offers a synoptic and-indeed-rather thorough treatment of the reception of the Dharmaśāstras in other traditions, including those of Sanskrit works of technical learning and the Mahābhārata; influences of the Dharmaśāstras as evidenced in epigraphic and other documentary sources; influences on colonial law; and the reception of the dharma tradition in post-Independence India.”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites chap.28
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
Probably not a substantial claim: may not pass S3 (load-bearing).
Findingcitation§ AbstractThe strictures of prāyaścitta and daṇḍa are parallel in intent.
“illustrates the parallels between the respective strictures intended by prāyaścitta and daṇḍa”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites chap.24
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
Probably not a substantial claim: may not pass S3 (load-bearing). The quote only partly states this claim.
Findingcitation§ AbstractOlivelle examines food prohibitions in the texts, distinguishing foods always permitted or prohibited (bhakṣya/abhakṣya) from those that become unfit to eat (bhojya/abhojya) due to supervening circumstances.
“Olivelle (in chap.14) examines with philological discrimination various food prohibitions articulated in the texts, noting in particular the distinction of food items that are permitted or prohibited (bhakṣya/abhakṣya), on the one hand, from those that are deemed fit or unfit (bhojya/abhojya) to eat, on the other.”
Quote in the paperNot a substantial claimClassified as probably not a substantial claim.
Findingnone given§ AbstractChapter 21 of the volume provides a detailed study of daṇḍa in the Dharmasūtras and Dharmaśāstras.
“Chapter 21 offers a textured study of penology (daṇḍa) in the relevant sources.”
Quote in the paperSubstantial claimClassified as probably not a substantial claim.
Findingnone given§ AbstractMcClish surveys two textual traditions of rājadharma: works on governance (nīti) and the Arthaśāstra, and the tradition of royal duty in Dharmaśāstric works.
“Mark McClish surveys the two textual traditions of rājadharma (chap.20), viz., that of works on governance (nīti) and the Arthaśāstra in particular, on the one hand, and the tradition of royal duty as articulated in Dharmaśāstric works, on the other.”
Quote in the paperSubstantial claimClassified as probably not a substantial claim.
Findingnone given§ AbstractThe volume offers a thorough survey of the Dharmaśāstric textual canon.
“the present volume closes its thorough survey of the contents of the canon of Dharmaśāstric texts.”
Quote in the paperSubstantial claimProbably not a substantial claim: may not pass S3 (load-bearing).
Findingcitation§ AbstractAktor surveys views of impurity and purification in the dharma texts.
“Aktor (chap.17) surveys in notable detail the views of impurity and purification found in the dharma texts”
Quote in the paperNot a substantial claimProbably not a substantial claim: may not pass S3 (load-bearing).
Findingnone given§ AbstractJamison maps with philological sensitivity the limited social roles permitted of women in the classical sources.
“so too for mapping with philological sensitivity the limited social roles permitted of women in the classical sources.”
Quote in the paperNot a substantial claimProbably not a substantial claim: may not pass S3 (load-bearing).
Findingcitation§ AbstractTheistic traditions emerged in Dharmaśāstric and other texts, especially Śaiva tantric sources.
“emphasizes the emergence of theistic traditions in Dharmaśāstric and other textual sources (most notably Śaiva tantric ones).”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites chap.27
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.
Findingcitation§ AbstractPilgrimage is attested in the Māhātmyas and the Mahābhārata, and the Mahābhārata provides the earliest surviving textual evidence for it.
“a practice also attested in the Māhātmyas and the Mahābhārata, the evidence of the latter being the earliest extant textual testimony of the same.”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites chap.26
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
Classified as probably not a substantial claim.
Findingreasoning§ AbstractThe volume contains no substantial treatment of Buddhist or Hindu tantrism.
“the absence of any substantial treatment of Buddhist or Hindu tantrism”
Quote in the paperSubstantial claimProbably not a substantial claim: may not pass S3 (load-bearing). The quote only partly states this claim.
Findingnone given§ AbstractInscriptional sources receive no extended treatment anywhere in Hindu Law.
“they are not dealt with at any great length anywhere in Hindu Law.”
Quote in the paperNot a substantial claimProbably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.
Findingnone given§ AbstractSayers reviews funerary and ancestral practices, with emphasis on the latter.
“In chapter 16 Matthew R. Sayers next reviews funerary and ancestral practices (with an emphasis on the latter)”
Quote in the paperNot a substantial claimProbably not a substantial claim: may not pass S3 (load-bearing).
Findingcitation§ AbstractBrick summarizes gifting (dāna) by differentiating conceptions in the four Dharmasūtras and the Dharmaśāstras of Manu, Yājñavalkya, and Viṣṇu from later innovations.
“Brick, in turn, handily summarizes (in chap.15) the practice of gifting (dāna) by differentiating conceptions of the same in the four Dharmasūtras and the Dharmaśāstras of Manu, Yājñavalkya, and Viṣṇu from what is subsequently innovated.”
Quote in the paperNot a substantial claimClassified as probably not a substantial claim.
Findingnone given§ AbstractLubin maps the institution of the snātaka as it appeared before and after the Dharmasūtras canonized a system of four āśramas, into which the institution was only inorganically incorporated.
“the latter for mapping the institution of the snātaka as it appeared both before and after the Dharmasūtras canonized a system of four āśramas into which the institution was only inorganically incorporated.”
Quote in the paperSubstantial claimProbably not a substantial claim: may not pass S3 (load-bearing).
Findingcitation§ AbstractApart from Davis noting that such works exist, the volume says little about the Śivadharma corpus.
“apart from Davis having noted the existence of such works, little is said of them in the present volume.”
Quote in the paperNot a substantial claimClassified as probably not a substantial claim.
Findingcitation§ AbstractBased on Stephanie Jamison's discovery, Olivelle recasts his answer to how and why Dharmaśāstra came into being.
“Based on the stunning discovery of Stephanie Jamison, which also precipitated the recent publication of another edited volume, 1 Olivelle here recasts his answer to the foundational questions”
Quote in the paperSubstantial claimProbably not a substantial claim: may not pass S3 (load-bearing).
Findingnone given§ AbstractThe volume's contributions generally concentrate on periods up to about the fifth century CE and not much later.
“the contributions to this volume generally tend to emphasize historical periods leading up to, but not extending much beyond, the fifth century ce.”
Quote in the paperNot a substantial claimClassified as probably not a substantial claim.
Findingnone given§ AbstractMany essays in Hindu Law focus primarily, and often exclusively, on dharma texts.
“a number of the essays found in Hindu Law are defined by a tapering scope: the various texts on dharma are taken as their primary, and too often exclusive, area of focus”
Quote in the paperSubstantial claimClassified as probably not a substantial claim.
Findingcitation§ AbstractMcClish's chapter details that the king's power to decide disputes was routinely delegated to appointed judges.
“the king's power to adjudicate disputes was routinely delegated to appointed judges”
Quote in the paperSubstantial claim0 of 1 sources checked- cites p.276
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
Probably not a substantial claim: may not pass S3 (load-bearing).
Findingnone given§ AbstractThe volume's essays often do not closely cover the nibandhas, which began to be composed perhaps in the tenth century.
“The essays in the present volume sometimes stop short of covering closely the contributions of the nibandhas, for example, which were composed beginning perhaps in the tenth century.”
Quote in the paperNot a substantial claimClassified as probably not a substantial claim.
Interpretationcitation§ AbstractThe first chapter of part I of Hindu Law introduces a fundamental revision to the history of Dharmaśāstra.
“It is in the first chapter of part I that this volume introduces a fundamental revision to our understanding of the history of Dharmaśāstra.”
Quote in the paperSubstantial claimMay combine two claims.
Interpretationnone given§ AbstractTwo Brahmanical systems of thought emerged in this context: one based on the āśrama system, and another based on the acceptance of a single āśrama, household life, whose primary religious agent was the gṛhastha.
“there were two Brahmanical systems of thought that emerged in this context, one based on the āśrama system, the other on the notion that a sole āśrama could be accepted, that of the household life, of which the primary religious agent was the gṛhastha (p.17).”
Quote in the paperSubstantial claimProbably not a substantial claim: may not pass S3 (load-bearing).
Interpretationcitation§ AbstractThe contents of the Śivadharma corpus clearly invite comparison with Dharmaśāstric sources.
“the Śivadharma corpus elicits in its contents obvious comparison with Dharmaśāstric sources”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites p.375
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
May combine two claims.
Interpretationreasoning§ AbstractIn Vedic texts, the gṛhapati was the family head who performed ritual, whereas the gṛhastha occupied a social role defined largely by contrast with the pravrajita.
“while the gṛhapati in Vedic texts was the family head who performed the ritual, the gṛhastha occupied a social role largely defined by the contrastive pairing of the term with pravrajita”
Quote in the paperSubstantial claimProbably not a substantial claim: may not pass S2 (checkable).
Interpretationreasoning§ AbstractThe volume provides, in compact and usable form, the essential data needed for a more intersectional study of Dharmaśāstric traditions alongside other South Asian religious and cultural movements.
“this volume furnishes in a compact and usable form all the vital data necessary to pursue an increasingly intersectional study of Dharmaśāstric traditions as they stand in relation to other South Asian religious and cultural movements of the relevant historical periods.”
Quote in the paperNot a substantial claimClassified as probably not a substantial claim.
Interpretationnone given§ AbstractThe volume's chapters together present a long-term history of the gṛhastha as a social institution embedded in social and political institutions, persisting in several features for over a millennium.
“a history in the longue durée of a social institution-that of the gṛhastha-embedded as it is in a web of social (and political) institutions, an institution that while always changing here and there perdured in several of its particulars for well more than a millennium.”
Quote in the paperSubstantial claimProbably not a substantial claim: may not pass S4 (based).
Interpretationnone given§ AbstractMcClish directly and convincingly challenges Kane's understanding of the textual history that defines the influences of the nīti/Arthaśāstra tradition and the Dharmaśāstric tradition of royal duty on each other.
“In doing so, he directly and convincingly challenges Kane's understanding of the textual history that defines the influences of the one tradition on the other.”
Quote in the paperNot a substantial claimClassified as probably not a substantial claim.
Interpretationcitation§ AbstractThe legal adjudication systems described in the Dharmasūtras and Dharmaśāstras were highly complex.
“just how impressively complex were the systems of legal adjudication in the Dharmasūtras and Dharmaśāstras.”
Quote in the paperSubstantial claimMay combine two claims.
Interpretationcitation§ AbstractThe terminological demarcation between gṛhastha and gṛhapati suggests a conceptual discontinuity and illuminates a conceptual renewal.
“This terminological demarcation hints at a conceptual discontinuity as well, and the linguistic history of the term gṛhastha illuminates the conceptual renewal.”
Quote in the paperSubstantial claim
The paper relies on this without support.
The book Hindu Law is the first comprehensive treatment of Sanskrit dharma literatures since P. V. Kane's five-volume History of Dharmaśāstra.
“Hindu Law is the first comprehensive study of the Sanskrit-language literatures on dharma since the publication of P. V. Kane's five-volume History of Dharmaśāstra.”
Cites
Davis, D. R. (2007) · Journal of the American Academy of Religion · doi:10.1093/jaarel/lfm004 · Cited by 56 · see citing works
Rocher, L. (2002) · Oxford University Press eBooks · doi:10.1093/0195138171.001.0001 · Cited by 20
Introduction: A Brief History of Religions in India
Davis, R. H. (2002) · Religions of Asia in Practice · doi:10.1515/9780691188140-003 · Cited by 5 · see citing works
The Term Gṛhastha and the (Pre)history of the Householder
Jamison, S. W. (2019) · Gṛhastha · doi:10.1093/oso/9780190696153.003.0001
Flagged first, then by citations
Research works printed but not linked: 7
- Brick, David. 2015. Brahmanical Theories of the Gift: A Critical Edition and Annotated Translation of the Dānakāṇḍa of the Kṛtyakalpataru. Harvard Oriental Series, vol. 77. Cambridge, MA: Harvard Univ. Press.
- ---. 2010. The Spirit of Hindu Law. Cambridge: Cambridge Univ. Press.
- Donald S. Lopez Jr. Pp. 3-52. Princeton: Princeton Univ. Press.
- Doniger, Wendy. 2016. Redeeming the Kāmasūtra. New York: Oxford Univ. Press.
- Olivelle, Patrick. 1993. The Āśrama System: The History and Hermeneutics of a Religious Institution. New York: Oxford Univ. Press.
- Timothy Lubin, Donald R. Davis Jr., and Jayanth K. Krishnan. Pp. 28-57. Cambridge: Cambridge Univ. Press.
- ---, ed. 2019. Gṛhastha: The Householder in Ancient Indian Religious Culture. New York: Oxford Univ. Press.
- Authors
- Nemec, J.
- Corresponding author
- Nemec, John
- Venue
- Journal of the American Oriental Society
- Publisher
- American Oriental Society
- Published
- 2021-09-19
- Volume
- 140
- Issue
- 1
- ISSN
- 0003-0279 (ISSN-L)
- 2169-2289
- OpenAlex
- W3020672816
- Cited by
- 0
- References
- 4
- FWCI
- 0.00
- Type
- journal article
- Language
- en
- Open access
- bronze
- doi.org
- Locations
- Journal of the American Oriental Society (publishedVersion)
- Topics
- Social Sciences › Political Science and International Relations › Historical Economic and Legal Thought
- Keywords
- Hindu law, Dharmaśāstra, Hindu religious practice, Hindu society
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