Download Hindu Legal Tradition

Hindu Legal Tradition
Comparative Law
Class of March 25, 2003
Sources of Hindu Law
• Vedas
A Tradition of Distant Revalation
• Vedas (4 books) ca. 15002000 BC – product of the
Vedic age. In this period
the Aryan peoples
displaced the ancient
Harappan culture. Vedic
Age was a fusion of
cultures and traditions.
Hinduism has its roots in
earlier Indus Valley
civilizations
• Also known as sruti –
what does that mean?
Sruti
• Comes from the verb to
hear
• Revalation in Hindu law –
not directly from God(s)
or prophets or other
messengers; eternalA
record of truth as
discovered by rishis
(saints).
• System does not require
particular belief in
teachings, rather attempt
to duplicate spiritual
heights reached by saints
by following the same
approach.
• How are the Vedas
otherwise different from
the Bible?
Vedas
• How are the Vedas different from the Bible?
Not a book or collection of books but very
diverse materials that were produced by
priests over 1000 years.
• What is a sutra?
The Written Tradition Develops
• 800 B.C. to 200 B.C. Sutras (Smriti- or the
remembered)
• 200-400 A.D. Sastras (especially
dharmasastras), which overlap with
Mishnah and perhaps Jerusalem Talmud
• What were the 3 great dharmasastras?
• How do they compare with common law law
books?
3 Great Dharmasastras
• Manu (ca. 200 B.C.
possibly)
• Yajnavalkya (ca. 300
A.D.)
• Narada (ca. 4th or 5th c.
A.D.)
• These are the great law
books that are derived
from teaching of the
Brahmans. They are
derived from revalation
and thus supreme. They
are written in verse.
Written Tradition Continues to
Develop
• Commentaries (on
individual sastras) and
Digests are written
(from 700-1700 A.D.)
• By this time Hindu
tradition is written and
is the main source of
law for a large
population, but it is
not official law.
Hindu Dispute Resolution
• How did Hindu law resolve disputes?
18 Titles of Hindu Law
• What are the 18 titles of Hindu law.
• Are any of these obsolete?
Hindu Theology/Philosophy
• Hindu law is part of Hindu thought
generally
• There are certain important ideas in Hindu
philosophy/theology: karma and dharma.
• What are these ideas?
Karma
• Karma means action – the idea that every act has
an effect that eventually leads to certain results
• ‘Everyone is responsible for what they do in life
• Karma can be bad or good
• Karma is linked with the idea of transmigration
• Past karma continues even after death.
• Karma is linked to a belief in the justice of the
universe and is also a a way to explain seeming
injustice/inequality in the world
Dharma
• The concept of dhamra is related to karma and
rebirth.
• It is basically duty - a concept of the duties and
obligations of social life
• Also means reality or teaching
• The Hindu tradition requires people to perform
social duties and obligations according to certain
codes of behavior
• Society is grouped into 4 classes, man passes
through 4 life stages, and there are certain ends of
life that it is legitimate and proper for the virtuous
4 Classes
•
•
•
•
•
•
•
THE TWICE-BORN:
Brahmans (priests)
Kshatriyas (warriors)
Vaishyas (merchants, farmers)
THE FOURTH CLASS
Shudras (menial workers)
The 4 classes are an ideal view – actual Hindu
society divided into many different social
groupings (castes) with marriage and dietary
restrictions as well as some occupational
restrictions
4 Life Stages (ashrams)
•
•
•
•
Student
Householder/Family
Hermit (meditate in forest)
Abandonment of earthly ties (no family,
home, possessions
4 Ends
•
•
•
•
•
Dharma (duty)
Artha (material gain)
Kama (physical sense)
Moksha (salvation)
Different depending on stage of life and
class
• Law cannot be separated from morals
The King
• What is the role of the king?
• What is his relationship to dharma?
The King
• What is the role of the king?
• What is his relationship to dharma?
• King’s dharma is to enforce the dharma of
others.
• King also can accumulate bad karma.
• Secular power of the king - danda
Comparing Hindu tradition to
other traditions
• How is the Hindu
tradition similar to
and different from:
• Civil law
• Common law
• Jewish law
• Chthonic law
Hinduism and Change
• What is the attitude of
Hindu law to change
and time?
Hindu tradition and tolerance
• To what extent does
hindu law apply to
other groups and
tolerate other
traditions?
• How did hindu law
respond to western
expansion in India,
particularly British
colonial rule?
Hindu Tradition and Modern
Indian Law
• To what extent does
Hindu law still apply
in modern India?