Hindu Legal Tradition Comparative Law Class of March 25, 2003

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Hindu Legal TraditionComparative LawClass of
March 25, 2003
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Sources of Hindu Law

• Vedas

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A Tradition of Distant Revalation

• Vedas (4 books) ca. 1500-2000 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?

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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?

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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?

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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?

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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.

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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.

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Hindu Dispute Resolution

• How did Hindu law resolve disputes?

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18 Titles of Hindu Law

• What are the 18 titles of Hindu law.
• Are any of these obsolete?

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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?

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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

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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 man to pursue depending on class and
  life stage

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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

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4 Life Stages (ashrams)

• Student
• Householder/Family
• Hermit (meditate in forest)
• Abandonment of earthly ties (no family, home,
  possessions

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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

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The King

• What is the role of the king?
• What is his relationship to dharma?

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The King

• What is the role of the king?
• What is his relationship to dharma?
• Kings dharma is to enforce the dharma of others.
• King also can accumulate bad karma.
• Secular power of the king - danda

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Comparing Hindu tradition to other traditions

• How is the Hindu tradition similar to and
  different from
• Civil law
• Common law
• Jewish law
• Chthonic law

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Hinduism and Change

• What is the attitude of Hindu law to change and
  time?

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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?

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Hindu Tradition and Modern Indian Law

• To what extent does Hindu law still apply in
  modern India?