ASPECTS OF DHARMA Ethics Law and Action in Indian Tradition (original) (raw)

THE DHARMASASTRA AND MODERN LAW Letter and Spirit of Law in Indian Tradition

Vedic Nyaya samagam, 2024

This article on the dharmasastra and modern law uses the concept of legal pluralism that has an important place in recent debates about the nature and aims of law. The concept of legal pluralism means that law should be treated as embedded in the broader culture and tradition of society. In a sense, law is culture. Concept of legal pluralism emphasizes diversity in the professional juristic realm in different countries and societies. It refers to a general consciousness or experience of law that is widely shared by those who constitute a nation. Culture is fundamental-a kind of lens through which all aspects of law is perceived, or a gateway of understanding through which we must pass so as to have any genuine access to the meaning of law in society. 1 In India, the social and cultural concepts of law that emerge out of the several frames of reference in the Veda, Dharmasastra, the constituent assembly debates and the judicial decisions, enable us to view the law in an integrative perspective that is closer to Indian cultural tradition. The value of such historical and sociological approach lies in its unifying vision of the social, cultural and positivist aspects of the concepts of law in Indian tradition. A juridical system that does not correspond to the social and cultural sensitivities of a society can not be owned by the people as their system but will be seen as something foreign and imposed. Without a conducive social and cultural conceptualization mere formal law cannot create willing legal and moral obligation. A holistic concept of law including both ethical and legal perspectives seems to provide a more realistic picture of Indian legal tradition.

Concept of Law and Dharma in Indian Jurisprudence

International Journal for Research in Applied Science & Engineering Technology (IJRASET), 2023

This research paper titled "concept of law and dharma in Indian jurisprudence" aims to explain the meaning of jurisprudence and its nature, and jurisprudence and the connection of dharma in the Indian jurisprudence which includes the origin of the dharma in jurisprudence with the help of legal evidence behind the topic. I. DECLARATION I declare that the paper "concept of law and dharma in Indian Jurisprudence" has been prepared by me B.B.A. LL. B (Hons) degree program of the school of law, Alliance University. I collected our information for this work from several resources such as eBooks, the internet, books, etc. I tried to collect the information from various sources and tried to combine it into the paperwork. II.

Concept of Law, Dharma and Justice: An Insight to Hindu Jurisprudence

Shanlax International Journal of Arts, Science and Humanities, 2020

Any authorities could have a robust foundation for its survival, “if it’s far based on liberty and justice”. Justice below regulation with out social justice, now no longer has any which means or significance. It isn’t any any doubt that humans due to the fact instances immemorial was hoping for justice and its survival always and ‘justice’ has been the watchword of all foremost social and political reform movements. Endless and ceaseless efforts have been made to abolish in justice, tyranny and exploitation. In the not unusual place parlance justice is equated with the whole thing this is good, mercy, charity and truth and different equal expressions. However, with inside the phrases of a Greek philosopher Thrasymachus, it can’t be described because the interest of thestronger. Justice isn’t always an irrational concept and the search for it’s far an everlasting quest. As a Hindu we in no way neglect about and notice the picture graph of a few preeminent Divine beings, for example,...

Hinduism as a Legal Tradition

Journal of the American Academy of Religion 75:2, 241-267, 2007

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 religious and legal duty known as Dharmaśāstra, this essay examines the role of dharma as law in other Hindu texts in order to show the possible horizons of understanding yielded by an incorporation of law into Hindu studies. Dharmaśāstra, it is argued, should be viewed as a form of legal rhetoric and its formulations of dharma understood as paradigmatic for the Hindu tradition as a whole. Finally, through a comparison with Islam and Islamic studies, the mutual modulations of law and Hinduism are examined in order to see the consequences of juxtaposing these two categories.

Hinduism and Law: An Introduction

2010

Edited by Timothy Lubin, Donald R. Davis Jr., and Jayanth K. Krishnan. 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 India's 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 Asia's 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. Download: Front matter and introduction.