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A Realist View of Hindu Law
Author(s) -
DAVIS DONALD R.
Publication year - 2006
Publication title -
ratio juris
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.344
H-Index - 10
eISSN - 1467-9337
pISSN - 0952-1917
DOI - 10.1111/j.1467-9337.2006.00332.x
Subject(s) - hinduism , jurisprudence , law , legal history , legal positivism , natural law , legal realism , subject (documents) , philosophy of law , comparative law , positivism , epistemology , philosophy , sociology , political science , religious studies , computer science , library science
. Hindu law represents one of the least known, yet most sophisticated traditions of legal theory and jurisprudence in world history. Hindu jurisprudential texts contain elaborate and careful philosophical reflections on the nature of law and religion. The nature of Hindu law as a tradition has been subject to some debate and some misunderstanding both within and especially outside of specialist circles. The present essay utilizes the familiar framework of legal realism to describe the fundamental concepts of law and legal procedure in Hindu jurisprudence. Questions about the place of natural law theory and legal positivism in relation to Hindu law are also considered.