| Ownership and Inheritance in Sanskrit Jurisprudence Contributor(s): Fleming, Christopher T. (Author) |
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ISBN: 0198852371 ISBN-13: 9780198852377 Publisher: Oxford University Press, USA OUR PRICE: $95.00 Product Type: Hardcover - Other Formats Published: February 2021 |
| Additional Information |
| BISAC Categories: - Religion | Hinduism - General - Law | Jurisprudence - Law | Property |
| LCCN: 2020941053 |
| Physical Information: 0.7" H x 6.2" W x 9.3" (0.90 lbs) 270 pages |
| Descriptions, Reviews, Etc. |
| Publisher Description: Ownership and Inheritance in Sanskrit Jurisprudence provides an account of various theories of ownership (svatva) and inheritance (dāya) in Sanskrit jurisprudential literature (Dharmaśāstra). It 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. Christopher T. Fleming reconstructs medieval Sanskrit theories of property and traces the emergence of various competing schools of Sanskrit jurisprudence during the early modern period (roughly fifteenth-nineteenth centuries) in Bihar, Bengal, and Varanasi. Fleming 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, this study argues for far greater continuity between pre-colonial and colonial Sanskrit jurisprudence than accepted previously. It charts the transformation of the Hindu law of inheritance--through precedent and statute--over the late nineteenth, twentieth, and early twenty-first centuries. |
