Hindu Legal TraditionComparative Law

Class of March 25, 2003

Sources of Hindu Law

• Vedas

A Tradition of Distant Revalation

• Vedas (4 books) ca. 1500-2000 BC – product of the Vedic age. In this period the Aryan peoples displaced the ancient Harappan culture. Vedic Age was a fusion of cultures and traditions. Hinduism has its roots in earlier Indus Valley civilizations

• Also known as sruti – what does that mean?

Sruti • Comes from the verb to hear• Revalation in Hindu law – not

directly from God(s) or prophets or other messengers; eternalA record of truth as discovered by rishis (saints).

• System does not require particular belief in teachings, rather attempt to duplicate spiritual heights reached by saints by following the same approach.

• How are the Vedas otherwise different from the Bible?

Vedas

• How are the Vedas different from the Bible? Not a book or collection of books but very diverse materials that were produced by priests over 1000 years.

• What is a sutra?

The Written Tradition Develops

• 800 B.C. to 200 B.C. Sutras (Smriti- or the remembered)

• 200-400 A.D. Sastras (especially dharmasastras), which overlap with Mishnah and perhaps Jerusalem Talmud

• What were the 3 great dharmasastras?• How do they compare with common law

law books?

3 Great Dharmasastras

• Manu (ca. 200 B.C. possibly)

• Yajnavalkya (ca. 300 A.D.)• Narada (ca. 4th or 5th c.

A.D.)• These are the great law

books that are derived from teaching of the Brahmans. They are derived from revalation and thus supreme. They are written in verse.

Written Tradition Continues to Develop

• Commentaries (on individual sastras) and Digests are written (from 700-1700 A.D.)

• By this time Hindu tradition is written and is the main source of law for a large population, but it is not official law.

Hindu Dispute Resolution

• How did Hindu law resolve disputes?

18 Titles of Hindu Law

• What are the 18 titles of Hindu law.

• Are any of these obsolete?

Hindu Theology/Philosophy

• Hindu law is part of Hindu thought generally

• There are certain important ideas in Hindu philosophy/theology: karma and dharma.

• What are these ideas?

Karma

• Karma means action – the idea that every act has an effect that eventually leads to certain results

• ‘Everyone is responsible for what they do in life• Karma can be bad or good• Karma is linked with the idea of transmigration• Past karma continues even after death. • Karma is linked to a belief in the justice of the

universe and is also a a way to explain seeming injustice/inequality in the world

Dharma

• The concept of dhamra is related to karma and rebirth. • It is basically duty - a concept of the duties and

obligations of social life• Also means reality or teaching• The Hindu tradition requires people to perform social

duties and obligations according to certain codes of behavior

• Society is grouped into 4 classes, man passes through 4 life stages, and there are certain ends of life that it is legitimate and proper for the virtuous man to pursue depending on class and life stage

4 Classes

• THE TWICE-BORN:• Brahmans (priests)• Kshatriyas (warriors)• Vaishyas (merchants, farmers)• THE FOURTH CLASS• Shudras (menial workers)• The 4 classes are an ideal view – actual Hindu society

divided into many different social groupings (castes) with marriage and dietary restrictions as well as some occupational restrictions

4 Life Stages (ashrams)

• Student

• Householder/Family

• Hermit (meditate in forest)

• Abandonment of earthly ties (no family, home, possessions

4 Ends

• Dharma (duty)

• Artha (material gain)

• Kama (physical sense)

• Moksha (salvation)

• Different depending on stage of life and class

• Law cannot be separated from morals

The King

• What is the role of the king?

• What is his relationship to dharma?

The King

• What is the role of the king?

• What is his relationship to dharma?

• King’s dharma is to enforce the dharma of others.

• King also can accumulate bad karma.

• Secular power of the king - danda

Comparing Hindu tradition to other traditions

• How is the Hindu tradition similar to and different from:

• Civil law• Common law• Jewish law• Chthonic law

Hinduism and Change

• What is the attitude of Hindu law to change and time?

Hindu tradition and tolerance

• To what extent does hindu law apply to other groups and tolerate other traditions?

• How did hindu law respond to western expansion in India, particularly British colonial rule?

Hindu Tradition and Modern Indian Law

• To what extent does Hindu law still apply in modern India?