The collection of Malayalam records entitled Vanjeri Grandhavari, taken from the archives of an important Namputiri Brahmin family and the temple under its leadership, provides some long-awaited information regarding a wide range of legal activities in late medieval Kerala. The organization of law and the jurisprudence represented by these records bear an unmistakable similarity to legal ideas found in dharmastra texts. A thorough comparison of the records and relevant dharma texts shows that landholding Namputiri Brahmins, who possessed enormous political and (...) economic power in the region, mediated the implementation of dharmastra into the legal system. From this comparison arise new understandings of law and legal categories such as custom and positive law. Moreover, such comparisons begin to elucidate the problems involved in Western assumptions that it is textual law, not its interpretation and application by humans, which controls behavior. The Vanjeri records demonstrate not only the importance of dharmastra as a historical document but also the manner and extent to which dharmastra provided the foundation for legal systems in Kerala as well as in other regions of India. (shrink)

This chapter contains sections titled: Jurisprudence: Method and Subject Matter Legality and Authority Positivism: Austin vs. Hart The Authority of Law Judicial Discretion Incorporationism and Legality Raz' s Theory of Authority Incorporationism and Authority Conclusion Postscript References.

With Imagining Karma, Gananath Obeyesekere embarks on the very first comparison of rebirth concepts across a wide range of cultures. Exploring in rich detail the beliefs of small-scale societies of West Africa, Melanesia, traditional Siberia, Canada, and the northwest coast of North America, Obeyesekere compares their ideas with those of the ancient and modern Indic civilizations and with the Greek rebirth theories of Pythagoras, Empedocles, Pindar, and Plato. His groundbreaking and authoritative discussion decenters the popular notion that India was the (...) origin and locus of ideas of rebirth. As Obeyesekere compares responses to the most fundamental questions of human existence, he challenges readers to reexamine accepted ideas about death, cosmology, morality, and eschatology. Obeyesekere's comprehensive inquiry shows that diverse societies have come through independent invention or borrowing to believe in reincarnation as an integral part of their larger cosmological systems. The author brings together into a coherent methodological framework the thought of such diverse thinkers as Weber, Wittgenstein, and Nietzsche. In a contemporary intellectual context that celebrates difference and cultural relativism, this book makes a case for disciplined comparison, a humane view of human nature, and a theoretical understanding of "family resemblances" and differences across great cultural divides. (shrink)

In this revised edition, two distinguished philosophers have extended and strengthened the most authoritative text available on the philosophy of law and jurisprudence. While retaining their comprehensive coverage of classical and modern theory, Murphy and Coleman have added new discussions of the Critical Legal Studies movement and feminist jurisprudence, and they have strengthened their treatment of natural law theory, criminalization, and the law of torts. The chapter on law and economics remains the best short introduction to that difficult, controversial, and (...) influential topic.Students will appreciate the careful organization and clear presentation of complicated issues as well as the emphasis on the relevance of both law and legal theory to contemporary society. (shrink)

This work brings together eight linked essays which make the case for a revival of general jurisprudence in response to the challenges of globalisation, explores how far the heritage of Anglo-American jurisprudence and comparative law is adequate to meeting the challenges, and puts forward an agenda for general jurisprudence and comparative law, especially in the English-speaking world in the first ten or twenty years of the millennium. The book is traditional in focussing on the mainstream of Anglo-American intellectual heritage and (...) moderately radical in identifying the need for rethinking basic issues and putting forward a series of provocative propositions as a basis for discussion. (shrink)

This book examines, above all, the relationship between reason and Vedic revelation, and the philosophical responses to the idea of the Veda. It deals with such topics as dharma, karma and rebirth, the role of man in the universe, the motivation and justification of human actions, the relationship between ritual norms and universal ethics, and reflections on the goals and sources of human knowledge. Halbfass presents previously unknown materials concerning the history of sectarian movements, including the notorious "Thags" (thaka), and (...) relations between Indian and Iranian thought. The approach is partly philosophical and partly historical and philological; to a certain extent, it is also comparative. The author explores indigenous Indian reflections on the sources, the structure and the meaning of the Hindu tradition, and traditional philosophical responses to social and historical realities. He does not deal with social and historical realities per se; rather, basing his work on the premise that to understand these realities the reflections and constructions of traditional Indian theorists are no less significant than the observations and paradigms of modern Western historians and social scientists, he explores the self-understanding of such leading thinkers as Sankara, Kumarila, Bhartrhari and Udayana. (shrink)