Recovering the indigenous legal traditions of india: Classical hindu law in practice in late medieval kerala [Book Review]
David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Ezio Di Nucci
Jack Alan Reynolds
Learn more about PhilPapers
Journal of Indian Philosophy 27 (3):159-213 (1999)
The collection of Malayalam records entitled Vanjeri Grandhavari, taken from the archives of an important Namputiri Brahmin family and the temple under its leadership, provides some long-awaited information regarding a wide range of legal activities in late medieval Kerala. The organization of law and the jurisprudence represented by these records bear an unmistakable similarity to legal ideas found in dharmastra texts. A thorough comparison of the records and relevant dharma texts shows that landholding Namputiri Brahmins, who possessed enormous political and economic power in the region, mediated the implementation of dharmastra into the legal system. From this comparison arise new understandings of law and legal categories such as custom and positive law. Moreover, such comparisons begin to elucidate the problems involved in Western assumptions that it is textual law, not its interpretation and application by humans, which controls behavior. The Vanjeri records demonstrate not only the importance of dharmastra as a historical document but also the manner and extent to which dharmastra provided the foundation for legal systems in Kerala as well as in other regions of India
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
Donald R. Davis (2006). A Realist View of Hindu Law. Ratio Juris 19 (3):287-313.
Similar books and articles
Theodore M. Benditt (1978). Law as Rule and Principle: Problems of Legal Philosophy. Stanford University Press.
Salvatore Manusco (2010). African Legal Hybirdity : Interaction of Western, Islamic and Native Law in the Comorian Legal System. In Eleanor Cashin-Ritaine, Seán Patrick Donlan & Martin Sychold (eds.), Comparative Law and Hybrid Legal Traditions: Lausanne, 10-11 September 2009. Schulthess
Roger Cotterrell (2000). Common Law Approaches to the Relationship Between Law and Morality. Ethical Theory and Moral Practice 3 (1):9-26.
Robert P. George (ed.) (1996). The Autonomy of Law: Essays on Legal Positivism. Oxford University Press.
Myer Bernard Barr (1932). Studies in Social and Legal Theories: An Historical Account of the Social, Ethical, Political, and Legal Doctrines of the Foremost Ancient and Medieval Philosophers. F.B. Rothman & Co..
William L. Twining (2009). General Jurisprudence: Understanding Law From a Global Perspective. Cambridge University Press.
Neil MacCormick (2007). Institutions of Law: An Essay in Legal Theory. Oxford University Press.
David T. Ritchie (2008). Mastering Legal Analysis and Communication. Carolina Academic Press.
Joseph Raz (1979). The Authority of Law: Essays on Law and Morality. Oxford University Press.
Added to index2009-01-28
Total downloads13 ( #281,693 of 1,911,771 )
Recent downloads (6 months)1 ( #458,986 of 1,911,771 )
How can I increase my downloads?