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Hindu Law - Beyond Tradition and Modernity
Hindu Law - Beyond Tradition and Modernity

Hindu Law - Beyond Tradition and Modernity

by Werner F Menski

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Product ID:12903

Language

English

Publisher

Oxford University Press

ISBN

0195699211 - Year: 2009 - Pages: 648

Binding

Paperback

Werner F Menski
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Author: Werner F Menski
Publisher: Oxford University Press
Year: 2009
Language: English
Pages: 648
ISBN/UPC (if available): 0195699211

Description

This book critically analyses the development of Hindu law from the ancient period to its emergence as a postmodern phenomenon in the twenty-first century. The author uses comparative social theory literature to establish that Hindu law must be viewed both as an ancient, constantly evolving conceptual entity and a living legal system. Hindu law has recently experienced a process of conceptual remolding through the justice-conscious actions of an activist judiciary.

In this study, the author examines the limits of our understanding of the historical development of central Hindu concepts within classical, postclassical, colonial, and postcolonial contexts. Using theoretical arguments he analyses important areas of Hindu family law. Examining existing literature on the laws of marriage, polygamy, child marriage, and divorce and maintenance from the Vedic period to the present, he establishes that Hindu law has developed beyond the axioms of tradition and modernity to emerge as a postmodern phenomenon. He concludes with an analysis of he inadequacies of modernist discourses in relation to Hindu law.

This enormously rich and intensively researched volume will be valuable to scholars and students of law, religion, sociology, and philosophy. It will also interest social theorists, lawyers, and general readers.

REVIEWS:

Big, but accessible, written with immense verve, panache and ambition .. The importance of this book transcends agreement or disagreement with its central thesis .. Compulsory reading on Hindu Law.
--- The Hindu

Menski persuasively demonstrates how Hindu statutory and case law have accomplished a messy compromise between textual traditionalism and modernist centralism. The book is extensively researched, delightfully spirited and refreshingly original.
--- The Book Review

Contents

Abbreviations

Preface

PART I: HISTORICAL AND CONCEPTUAL BACKGROUND

Introduction

Rising from the Ashes: Postmodern Hindu Law

Antecedents and Concepts of Traditional Hindu Law

The Post-classical Evolution of Hindu Law and its Colonial Distortions

Origins of Modernity in Hindu Law: Emerging Discourse on Reforms and Codification

Contesting Modernity: Post colonial Evolution of Hindu Law

Transcending Modernity: The Postmodern Reconstruction of Hindu Law

PART II: SUBSTANTIVE HINDU LAW BEYOND TRADITION AND MODERNITY

Hindu Marriage Law

Child Marriage

Polygamy

Divorce

Maintenance Law

PART III: CONCLUDING ANALYSIS

Postmodernity and Beyond

Table of Cases

List of Statutes

Bibliography

Index

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