Hinduism as a legal tradition

被引:19
作者
Davis, Donald R., Jr. [1 ]
机构
[1] Univ Wisconsin, Dept Languages & Cultures Asia, Madison, WI 53706 USA
关键词
D O I
10.1093/jaarel/lfm004
中图分类号
B9 [宗教];
学科分类号
010107 ;
摘要
The role of law in Hinduism and the value of law as a category of Hindu studies have been underestimated. After making an initial case for the connection of dharma and law in the treatises on religious and legal duty known as Dharmasastra, this essay examines the role of dharma as law in other Hindu texts in order to show the possible horizons of understanding yielded by an incorporation of law into Hindu studies. Dharmasastra, it is argued, should be viewed as a form of legal rhetoric and its formulations of dharma understood as paradigmatic for the Hindu tradition as a whole. Finally, through a comparison with Islam and Islamic studies, the mutual modulations of law and Hinduism are examined in order to see the consequences of juxtaposing these two categories.
引用
收藏
页码:241 / 267
页数:27
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