Ownership and Inheritance in Sanskrit Jurisprudence

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Christopher T. Fleming (British Academy Postdoctoral Fellow, British Academy Postdoctoral Fellow, University of Oxford)

Ownership and Inheritance in Sanskrit Jurisprudence

Christopher T. Fleming (British Academy Postdoctoral Fellow, British Academy Postdoctoral Fellow, University of Oxford)

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English

Oxford University Press
24 December 2020

Jurisprudence & philosophy of law; Systems of law; Property law

Series: Oxford Oriental Monographs

Ownership and Inheritance in Sanskrit Jurisprudence provides an account of various theories of ownership (svatva) and inheritance (d=aya) in Sanskrit jurisprudential literature (Dharma's=astra). It examines the evolution of different juridical models of inheritance--in which families held property in trusts or in tenancies-in-common--against the backdrop of related developments in the philosophical understanding of ownership in the Sanskrit text-traditions of hermeneutics (M=im=a.ms=a) and logic (Ny=aya) respectively.

Christopher T. Fleming reconstructs medieval Sanskrit theories of property and traces the emergence of various competing schools of Sanskrit jurisprudence during the early modern period (roughly fifteenth-nineteenth centuries) in Bihar, Bengal, and Varanasi. Fleming attends to the ways in which ideas from these schools of jurisprudence shaped the codification of Anglo-Hindu personal law by administrators of the British East India Company during the late eighteenth and early nineteenth centuries. While acknowledging the limitations of colonial conceptions of Dharma's=astra as positive law, this study argues for far greater continuity between pre-colonial and colonial Sanskrit jurisprudence than accepted previously. It charts the transformation of the Hindu law of inheritance--through precedent and statute--over the late nineteenth, twentieth, and early twenty-first centuries.

By: Christopher T. Fleming (British Academy Postdoctoral Fellow British Academy Postdoctoral Fellow University of Oxford)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Dimensions: Height: 242mm, Width: 160mm, Spine: 15mm
Weight: 1g
ISBN: 9780198852377
ISBN 10: 0198852371
Series: Oxford Oriental Monographs
Pages: 270
Publication Date: 24 December 2020
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

List of Figures Introduction 1: M=im=a.ms=a and the Mit=ak.sar=a School of Jurisprudence 2: Navya-Ny=aya and the Maithila and Gau.da Schools of Jurisprudence 3: The Bh=a.t.t School of Benares 4: Anglo-Indian Schools of Hindu Law Market Governance, (Neo)Liberalism, and the Future of Dharma's=astra in the 21st Century Glossary of Sanskrit Terms Bibliography

Christopher T. Fleming is a British Academy Postdoctoral Fellow at the University of Oxford

Reviews for Ownership and Inheritance in Sanskrit Jurisprudence

This study makes a sizeable leap forward in our understanding of the philosophical and jurisprudential thought related to ownership and inheritance in medieval and early modern India. * Donald Davis, University of Texas at Austin, Philosophy East and West *