Whether defined by family, lineage, caste, professional or religious association, village, or region, India's diverse groups did settle on a concept of law in classical times. How did they reach this consensus? Was it based on religious grounds or a transcendent source of knowledge? Did it depend on time and place? And what apparatus did communities develop to ensure justice was done, verdicts were fair, and the guilty were punished?
Addressing these questions and more, A Dharma Reader traces the definition, epistemology, procedure, and process of Indian law from the third century B.C.E. to the middle ages. Its breadth captures the centuries-long struggle by Indian thinkers to theorize law in a multiethnic and pluralist society. The volume includes new and accessible translations of key texts, notes that explain the significance and chronology of selections, and a comprehensive introduction that summarizes the development of various disciplines in intellectual-historical terms. It reconstructs the principal disputes of a given discipline, which not only clarifies the arguments but also relays the dynamism of the fight. For those seeking a richer understanding of the political and intellectual origins of a major twenty-first-century power, along with unique insight into the legal interactions among its many groups, this book offers exceptional detail, historical precision, and expository illumination.The king despairs of his idle sons, so he hires a learned brahmin who promises to make their lessons in statecraft unmissable. The lessons are disguised as short stories, featuring mainly animal protagonists. Many of these narratives have traveled across the world, and are known in the West as Aesop's fables.
Co-published by New York University Press and the JJC Foundation
For more on this title and other titles in the Clay Sanskrit series, please visit http: //www.claysanskritlibrary.org
In this first critical edition of the legal treatise of Viṣṇu (Viṣṇu Smṛti), Olivelle locates the text geographically in Kashmir and dates it to around the seventh century CE based, among other factors, on the iconographic description of Viṣṇu. The text was composed by a scholar who belonged to the Kāṭhaka Branch of the Yajur Veda and who was also an adherent of the Vaiṣṇava Pa carātra tradition. This is the only legal text that shows a deep
influence of the bhakti tradition. Although the Viṣṇu Smṛti did not have as illustrious a life as the treatises of Manu and Yāj avalkya, we find it cited frequently in medieval legal digests. Indeed, unlike citations from other Dharmaśāstras, medieval authors regularly cite entire sections of this treatise, indicating that they were familiar with a text more or less identical to the one that has come down to us. Consisting of 100 chapters, the text is framed as a conversation between Goddess Earth and Viṣṇu, with Earth requesting the dharma that should govern the lives of those belonging to the four varṇas. Originally published in the Harvard Oriental Series, this Indian edition will hopefully make this important text available to a wider Indian audience of scholars and students.
The Dharmasastra ascribed to Yajnavalkya, commonly called Yajnavalkya Smrti, is a text on religious, civil, and criminal law and jurisprudence composed around the fourth or fifth century during the reign of the Guptas. It represents the culmination of a thousand-year-old legal tradition. Precision of thought and expression and technical legal terminology distinguish it from its predecessors, such as the early Dharmasutras and the treatise of Manu. Besides the quotidian life of people, the text illuminates major cultural innovations, such as the prominence given to documents in commercial and legal matters, the importance of ordeals in resolving disputes, and the growing importance of Yoga in religious practice.
The treatise became the most influential legal text in medieval India, and, as interpreted by the twelfth century commentator Vijnanesvara, came to be considered 'the law of the land' under British rule. In spite of its recognized importance for the ancient and medieval legal traditions, the Sanskrit text has never before been critically edited. This critical edition, along with the translation published in the Murty Classical Library of India, open to modern readers both the 'golden age' of the Guptas and a central text in the long and distinguished Indian legal tradition.
This translation of a twelfth-century Sanskrit text is the most comprehensive presentation of Hindu ascetic practices available in English. It is also the clearest.
Rules and Regulations of Brahmanical Asceticism is the critical edition and translation of a twelfth-century Sanskrit text written by Yadava Prakasaa, whose life and activities are of historical interest because, according to tradition, he was the teacher of the great Vais'n'ava theologian Ramanuja.
This text is the oldest and most comprehensive example of medieval Sanskrit literature devoted to examining the duties of ascetics. Yadava Prakasaa is the only one who explicitly examines the thorny question of whether asceticism is a legitimate way of life for Brahmins. His topics include the people qualified to become ascetics; the rite for becoming an ascetic; the clothes and belongings of an ascetic; techniques of meditation; daily routines such as bathing, divine worship, and begging; proper conduct and etiquette; the manner of wandering; residence during the rains; expiatory penances; and the funeral.
In his introduction, Patrick Olivelle examines the place of Yadava's text within the literary and institutional history of Brahman'ical asceticism. He discusses the origins of asceticism in India; its incorporation into the Brahman'ical mainstream; and its variations within Hindu sects, as well as in Buddhist and Jain traditions.
This volume brings together a variety of Patrick Olivelle's papers on Indian ascetical institutions and ideologies that have been published over the past thirty or so years. Asceticism represents a major strand in the religious and cultural history of India, providing some of the most creative elements within Indian religions and philosophies. Most of the major religions, such as Buddhism, Jainism, and the religious philosophies both within these new religions and in the Brahmanical tradition, were created by world-renouncing ascetics. Ascetical institutions and ideologies developed in a creative tension with other religious institutions that stressed the centrality of family, procreation and society, and it is this tension that has articulated many of the central features of Indian religion and culture. The papers collected in this volume seek to locate Indian ascetical traditions within their historical, political and ideological contexts.
The Law Code of Viṣṇu (Vaiṣṇava-Dharmaśāstra) is one of the latest of the ancient Indian legal texts composed around the seventh century CE in Kashmir. Both because the Vaiṣṇava-Dharmaśāstra is the only Dharmaśāstra that can be geographically located and because it introduces some interesting and new elements into the discussion of Dharmaśāstric topics, this is a document of interest both to scholars of Indian legal literature and to cultural historians of India, especially of Kashmir. The new elements include the first Dharmaśāstric evidence for a wife burning herself at her husband's cremation and the intrusion of devotional religion (bhakti) into Dharmaśāstras.
This volume contains a critical edition of the Sanskrit text based on fifteen manuscripts, an annotated English translation, and an introduction evaluating its textual history, its connections to previous Dharmaśāstras, its date and provenance, its structure and content, and the use made of it by later medieval writers.This collection brings together the research papers of Patrick Olivelle, published over a period of about ten years. The unifying theme of these studies is the search for historical context and developments hidden within words and texts. Words - and the cultural history represented by words - that scholars often take for granted as having a continuous and long history are often new and even neologisms, and thus provide important clues to cultural and religious innovations. Olivelle's book on the Asramas, as well as the short pieces included in this volume, such as those on ananda and dharma, seek to see cultural innovation and historical changes within the changing semantic fields of key terms. Closer examination of numerous Sanskrit terms taken for granted as central to 'Hinduism' provide similar results. Indian texts have often been studied in the past as disincarnate realities providing information on an ahistorical and unchanging culture. This volume is a small contribution towards correcting that method of textual study.