It has long been recognized that the Indian subcontinent is home to two markedly different systems of kinship that broadly correspond to prominent linguistic and geographical divisions in the region: those of the Indo-Āryan North and the Dravidian South. Moreover, scholars have widely agreed that the most distinctive feature of Dravidian kinship is the widespread practice of cross-cousin marriage in its various forms. In the Indo-Āryan North, by contrast, a man is generally forbidden from marrying a woman to whom he (...) is biologically related in any way within a fairly large number of generations. Nevertheless, by the close of the first millennium CE, Brāhmaṇa intellectuals throughout India shared in common both a canon of scriptural sources and a complex tradition of jurisprudence known as Dharmaśāstra. Hence, this raises the question: How did classical Brāhmaṇical jurists of the North and the South deal with the controversial issue of cross-cousin marriage? It is this question that this article aims to address in comprehensive detail. In particular, it will trace the treatment of cross-cousin marriage within Dharmaśāstra from the earliest texts of the tradition up to the two earliest and most prominent juridical defenses of the custom, composed in the thirteenth and fourteenth centuries. It will then conclude by drawing attention to a rare case where a particular Dharmaśāstra work can be seen to have influenced the marriage practices in a particular region of South India in the premodern past. (shrink)

The notion of dharma is one of the most important concepts of Hinduism. This paper deals with the semantics diversity of the term of dharma, which is a Sanskrit word derived from the root of dhṛ that means to support, hold, maintain. In addition, the concept of purushārtha, consisting of the words purusha and artha, is examined by focusing on the different usages of that term. It is criticized why purusarthas are defined as trivarga or çaturvarga and the historical and (...) philosophical significance of the purusarthas is discussed. Besides, the connection of purushārthas with varna and ashramas has been investigated as well as it is mentioned which purushārtha orders should be observed by caste members and which purushārtha should be considered by individuals in the ashrama system.Purushārtha is a key concept in Hinduism and refers to the three/ four proper goals or aims of a human life. The word purushārtha literally means purpose of human being or object of human pursuit. All four purushārthas are important, but in cases of conflict, dharma is considered more important than artha or kama in Hindu philosophy. Moksha is considered the ultimate ideal of human life. It is also criticized that purushārthas are defined as trivarga or çaturvarga; its historical and philosophical significance was discussed. In addition, the connection of purushārthas with varna (brahman, kshatriya, vaisya, sudra) and ashramas (brahmacharya, grihastha, vanaprastha, sanyasa) has been investigated. In the caste system, the knowledge of which purushārtha element that caste members should observe has been mentioned. It was emphasized which purushārtha should highlight in the stages. (shrink)

In this paper, I build on recent scholarship concerning the early semantic history of the word “smṛti,” which has been shown to denote “tradition” in the early dharmasūtra material. I seek to add nuance to this work by examining the meaning of smṛti in the early Sāmavedic technical literature. This corpus helps elucidate one of the processes whereby smṛti came to refer to something textual. This paper argues that smṛti’s earliest textualized referent may have been fixed or semi-fixed individual statements (...) rather than definite texts. (shrink)

Social movements driven by a combination of religious nationalism and economic fundamentalism are globally grabbing the levers of political, economic, and intellectual control. The consequence is a policy climate premised on polarization in which inequality and destruction of the natural environment are condoned. This creates demands on key academic institutions like business schools, with stakeholders who are complicit in the sustenance of these social movements. Scholars in these schools have an opportunity to respond through curricula that facilitate reflection on the (...) ideological preferences of such groups under their influence. However, stakeholders influenced by religious nationalism tend to reject the premises of liberal secular vocabulary as elitist or alien and hence suspicious. This article considers a teaching strategy to instill values of equality and respect for nature among the stakeholders by grounding curriculums in the tenets of the same religion valorized by the social movements. The consequences of such a strategy is discussed through its application to the business curriculums taught in India, where a regressive social movement with totalitarian pretensions—Hindutva—combined with neoliberalism has secured unparalleled power. Elements of this strategy could inform educators in other democratic societies facing similar challenges. (shrink)

. 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. (shrink)