Equity and Trusts in Sanskrit Jurisprudence

Christopher T. Fleming (University of Oxford)

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English

Oxford University Press
27 March 2025

Asian history; Hinduism; Jurisprudence & philosophy of law; Legal history; Equity & trusts

Series: British Academy Monographs

This monograph outlines the core principles of equity and trusts in Sanskrit jurisprudence (Dharmaśāstra) and traces their application in the practical legal administration of religious and charitable endowments throughout Indian history. Dharmaśāstra describes phenomena that, in Anglo-American jurisprudence, are associated with courts of equity: the management of religious and charitable trusts; and the guardianship of those who lack legal capacity. Drawing on Sanskrit jurisprudential and philosophical texts, ancient inscriptions, Persian legal documents, colonial-era law reports, and contemporary case law, Equity and Trusts in Sanskrit Jurisprudence demonstrates that India's rulers have drawn on rich and venerable Sanskrit jurisprudential principles of equity and trusts in their efforts to regulate religious and charitable endowments. This book presents the history of India as a history of trusts, revealing how the contemporary law of Hindu religious endowments is subtended by a rich mélange of Sanskritic, Persianate, British, and constitutional jurisprudential principles.

By: Christopher T. Fleming (University of Oxford)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Dimensions: Height: 240mm, Width: 160mm, Spine: 30mm
Weight: 914g
ISBN: 9780197267875
ISBN 10: 0197267874
Series: British Academy Monographs
Pages: 526
Publication Date: 27 March 2025
Audience: College/higher education , Further / Higher Education
Format: Hardback
Publisher's Status: Active

Christopher T. Fleming studied Sanskrit at Balliol College, Oxford (DPhil, 2018) and taught at the University of Southern California before returning to Oxford University as a British Academy Postdoctoral Fellow and as the Bowra Junior Research Fellow at Wadham College. His publications include a monograph, Ownership and Inheritance in Sanskrit Jurisprudence (OUP, 2020) and a co-edited volume, Science and Society in the Sanskrit World (Brill, 2023). Currently, Fleming is a student at the Faculty of Law and an associate member of the Faculty of Asian and Middle Eastern Studies at the University of Oxford.