A Realist View of Hindu Law

  title={A Realist View of Hindu Law},
  author={Donald R. Davis},
  journal={PRN: Law},
  • D. Davis
  • Published 16 August 2006
  • Law
  • PRN: Law
Hindu law represents one of the least known, yet most sophisticated traditions of legal theory and jurisprudence in world history. Hindu jurisprudential texts contain elaborate and careful philosophical reflections on the nature of law and religion. The nature of Hindu law as a tradition has been subject to some debate and some misunderstanding both within and especially outside of specialist circles. The present essay utilizes the familiar framework of legal realism to describe the fundamental… 

Law and 'Law Books' in the Hindu Tradition

A survey of the role and use of sacred texts in both classical and modern Hindu law reveals the unexpected irony that sacred texts were consulted as direct sources of law only in colonial and

Hinduism as a Legal Tradition

The role of law in Hinduism and the value of law as a category of Hindu studies have been underestimated. After making an initial case for the connection of dharma and law in the treatises on

Control and Conscience: Positivist Approaches to Religion in India and South Africa

Legal positivism and religion are sometimes seen to be mutually exclusive. This Article begins with a challenge to this belief on a theoretical basis, demonstrating that morality exists in positivism

Writing and the Recognition of Customary Law in Premodern India and Java

Explaining what made ancient Greek law unusual, Michael Gagarin observes that most premodern legal cultures "wrote extensive sets (or codes) of laws for academic purposes or propaganda but these were

The Strengthening of Hindu Law Reflection in Globalization Era

Globalization is a necessity. This concept is realized throughout the world in the world, including Indonesia. In addition, globalization has come into existence and affects almost all of the human

The Theory and Practice of Property in Premodern South Asia: Disparities and Convergences

This article reviews the main scholastic norms relevant to property and land rights in ancient and medieval India, and then surveys a range of inscriptions that illustrate the contours of land law in

State, citizenship, and the urban poor

This paper examines the dynamic, moving relationship between three concepts – those of life, law, and exception. Following a brief exposition of these concepts, this paper provides an ethnography of

What makes people who they are? Pandit networks and the problem of livelihoods in early modern Western India

The question ‘Who is a Brahman?’ was the focus of sustained and intense debate among the many small and competing Brahman communities of western India's Konkan littoral during the sixteenth and


The concept of mental health is abstract in nature and is hence difcult to be understood. This led the present investigators to attempt to have a cognizance of mental health from community



The Oxford handbook of jurisprudence and philosophy of law

1. Natural Law: The Classical Theory 2. Natural Law: The Modern Tradition 3. Exclusive Legal Positivism 4. Inclusive Legal Positivism 5. Formalism 6. Adjudication 7. Constitutional and Statutory

Hindu Law: Beyond Tradition and Modernity

This book examines the development of Hindu laws from ancient period to its emergence as postmodern phenomenon. The book is divided into three parts. The first part, comprising of seven chapters,

Realistic Socio-Legal Theory: Pragmatism and A Social Theory of Law

Realistic Socio-Legal Theory draws upon philosophical pragmatism, the philosophy of social science, and several decades of empirical studies from the fields of legal anthropology, legal sociology,

Legal traditions of the world : sustainable diversity in law

1. A theory of tradition? The changing presence of the past 2. Between traditions: identity, persuasion and survival 3. A chthonic legal tradition: to recycle the world 4. A talmudic legal tradition:

The Realist Conception of Law

A well known truism states that the realist conception of law is false or nonexistent. Those who view the infamous predictive theory of law as synonymous with the legal realist conception of law

Globalisation and legal theory

1. General and particular jurisprudence, three chapters in a story 2. Globalisation and legal theory, some local implications 3. Jeremy Bentham and general jurisprudence 4. Other people's power, the

Rethinking Legal Realism: Toward a Naturalized Jurisprudence

I. Introduction Considering the enormous influence Legal Realism has exercised upon American law and legal education over the last sixty years, and considering, too, as the cliche has it, that "we

Recovering the Indigenous Legal Traditions of India: Classical Hindu Law in Practice in Late Medieval Kerala

The collection of Malayalam records entitled Vanjeri Grandhavari, taken from the archives of an important Namputiri Brahmin family and the temple under its leadership, provides some long-awaited

The law code of Manu

'Manu was seated, when the great seers came up to him: "Please, Lord, tell us the Laws of all the social classes, as well as of those born in between..."' The Law Code of Manu is the most

Legal Realism and Legal Positivism Reconsidered*

Etude de la relation entre les deux theories de la jurisprudence que sont le realisme et le positivisme juridiques. Au-dela de l'opposition radicale et du scepticisme regulateur defendus par H.L.A.