OUP is publishing a new book on
the history of ownership and inheritance in Indian Sanskrit intellectual
history.
ABOUT THE BOOK
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.
ABOUT THE AUTHOR
Christopher T. Fleming, British
Academy Postdoctoral Fellow, University of Oxford
TABLE OF CONTENTS
List of Figures
Introduction
1. Mīmāṃsā and the Mitākṣarā
School of Jurisprudence
2. Navya-Nyāya and the Maithila
and Gau.da Schools of Jurisprudence
3. The Bhāṭṭa a School of Benares
4. Anglo-Indian Schools of Hindu
Law
Market Governance,
(Neo)Liberalism, and the Future of Dharmaśāstra in the 21st Century
Glossary of Sanskrit Terms
Bibliography
More info here
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