Hindu Law

Hindu Law

Author: Werner Menski

Publisher: Oxford University Press

Published: 2008-09-10

Total Pages: 668

ISBN-13: 0199088039

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This book presents a study on a postmodernist analysis of classical Hindu law, which has become neglected due to the modernist assumptions about the increasing irrelevance of ‘religious’ legal systems. The book is split into three parts. The first part focuses on the historical and conceptual background of Hindu law, while the second part concentrates on five facets of Hindu law that go beyond tradition and modernity, namely the Hindu marriage law, child marriage, polygamy, divorce, and the maintenance law. Finally, the third part presents a concluding analysis to the preceding chapters, where it presents the postmodern condition of Hindu law.


Hindu Divorce

Hindu Divorce

Author: Livia Holden

Publisher: Routledge

Published: 2016-04-22

Total Pages: 283

ISBN-13: 1317121899

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This comparative study investigates the place of Hindu divorce in the Indian legal system and considers whether it offers a way out of a matrimonial crisis situation for women. Using the narratives of the social actors involved, it poses questions about the relationship between traditional jurisdictions located in rural areas and the larger legal culture of towns and cities in India, and also in the UK and USA. The multidisciplinary approach draws on research from the social sciences, feminist and legal studies and will be of interest to students and scholars of law, anthropology and sociology.


Comparative Law in a Global Context

Comparative Law in a Global Context

Author: Werner F. Menski

Publisher: Cambridge University Press

Published: 2006-03-30

Total Pages: 565

ISBN-13: 1139452711

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Now in its second edition, this textbook presents a critical rethinking of the study of comparative law and legal theory in a globalising world, and proposes an alternative model. It highlights the inadequacies of current Western theoretical approaches in comparative law, international law, legal theory and jurisprudence, especially for studying Asian and African laws, arguing that they are too parochial and eurocentric to meet global challenges. Menski argues for combining modern natural law theories with positivist and socio-legal traditions, building an interactive, triangular concept of legal pluralism. Advocated as the fourth major approach to legal theory, this model is applied in analysing the historical and conceptual development of Hindu law, Muslim law, African laws and Chinese law.


Studies in Hindu Law and Dharmaśāstra

Studies in Hindu Law and Dharmaśāstra

Author: Ludo Rocher

Publisher: Anthem Press

Published: 2014-10-01

Total Pages: 760

ISBN-13: 1783083158

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The main sources for an understanding of classical Hindu law are the Sanskrit treatises on religious and legal duties, known as the Dharmaśāstras. In this collection of his major studies in the field, Ludo Rocher presents essays on a wide range of topics, from general themes such as the nature of Hindu law to technical matters including word studies and text criticism. Rocher’s deep engagement with the language and worldview of the authors in the Dharmaśāstra tradition yields distinctive and corrective contributions to the field. This collection serves as an invaluable introduction to a leading authority in the field of Indology.


Religion and Identity in South Asia and Beyond

Religion and Identity in South Asia and Beyond

Author: Steven E. Lindquist

Publisher: Anthem Press

Published: 2013-12-01

Total Pages: 392

ISBN-13: 1783080671

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This volume brings together sixteen articles on the religions, literatures and histories of South and Central Asia in tribute to Patrick Olivelle, one of North America’s leading Sanskritists and historians of early India. Over the last four decades, the focus of his scholarship has been on the ascetic and legal traditions of India, but his work as both a researcher and a teacher extends beyond early Indian religion and literature. ‘Religion and Identity and South Asia and Beyond’ is a testament to that influence. The contributions in this volume, many by former students of Olivelle, are committed to linguistic and historical rigor, combined with sensitivity to how the study of Asia has been changing over the last several decades.