From law to dharma: state law and sacred duty in ancient india

No. Panggil :	eja-21-0634
Nama Orang :	McClish, Mark






Penerbitan :	[Place of publication not identified] : Cambridge - Crime, 2019

Info Lainnya

Entri Tambahan Nama Orang
Abstrak	The legal treatises of ancient India, called darmasatras, are often read as records of the initial emergence of law from religion in South Asia. The Dharmasatras teach the dharma, or sacred duty, of different members of society. It is one of the dharmas of the king to adjudicate disputes that come before his courts, and it is widely accepted that a need to artic ulate the king s dharma led the composers of the Dharmasastras over time to fashion rules for state courts, a body of law called vyavahara. Scholars such as Henry Sumner Maine and Max Weber saw in the Dharmasá ̄stras evidence of the disentanglement and rationalization of law, respectively. A close examination of our sources, however, shows that the law of royal courts emerged not within the Dharmasastra tradition, but within an adjacent and decidedly more secular tradition of statecraft. It was gradually absorbed into Dharmasastra texts, where it was reconfigured as sacred duty and its historical origins were obscured. This article argues that the early history of state law in India is best described, therefore, not as a transition from dharma to law, but as a transition from law to dharma.
001 Hak Akses (open/membership)	membership
Kata Kunci	vyvahara, law, niti, statecraft, Hindu law, dharmasastra, ancient India
ISSN
Tahun Terbit	2019
No. Induk	eja-21-0634
Entri Sumber Data	Cambridge - Crime
Entri Utama Nama orang	McClish, Mark
Volume, Nomor, Tahun dan Hlm.	vol. 34, no. 3, p. 284-309
Entri Utama Nama Badan
Barcode	eja-21-0634
Subjek Topik
Judul Utama	From law to dharma: state law and sacred duty in ancient india
Kode Bahasa	eng
Sumber Koleksi	Perpustakaan Nasional