A Realist View of Hindu Law

Ratio Juris 19 (3):287-313 (2006)
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Abstract

. Hindu law represents one of the least known, yet most sophisticated traditions of legal theory and jurisprudence in world history. Hindu jurisprudential texts contain elaborate and careful philosophical reflections on the nature of law and religion. The nature of Hindu law as a tradition has been subject to some debate and some misunderstanding both within and especially outside of specialist circles. The present essay utilizes the familiar framework of legal realism to describe the fundamental concepts of law and legal procedure in Hindu jurisprudence. Questions about the place of natural law theory and legal positivism in relation to Hindu law are also considered

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Citations of this work

Writing and the Recognition of Customary Law in Premodern India and Java.Timothy Lubin - 2021 - Journal of the American Oriental Society 135 (2):225.

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References found in this work

The concept of law.Hla Hart - 1961 - New York: Oxford University Press.
Natural law and natural rights.John Finnis - 1979 - New York: Oxford University Press.
Legal positivism.Jules L. Coleman & Brian Leiter - 1996 - In Dennis Patterson (ed.), A Companion to Philosophy of Law and Legal Theory. Oxford, UK: Blackwell. pp. 228–248.

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