2 2 Rising from the Ashes:Postmodern Hindu Law

Menski Werner

in Hindu Law

Published in print June 2009 | ISBN: 9780195699210
Published online October 2012 | e-ISBN: 9780199080298 | DOI:
2 2 Rising from the Ashes:Postmodern Hindu Law

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This chapter discusses in detail the issues and themes of postmodern Hindu law. It shows that the conceptual foundations of Hindu law work against a positivist top-down strategy. It demonstrates that the awareness of the practical importance of self-controlled ordering and local custom precluded the emergence of state legal systems that are within traditional Hindu law. These could claim to lay down and determine the law for everyone. It also appears to suggest that it is only during medieval times that the conceptual transition from dharma to law is made more explicit.

Keywords: postmodern Hindu law; conceptual foundations; Hindu law; positivism; top-down strategy; self-controlled ordering; state legal systems; dharma; local customs

Chapter.  17808 words. 

Subjects: Family Law

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