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Introduction: The Place of Jīmūtavāhana's Dāyabhāga in Hindu Legal Literature

Ludo Rocher

in Jimutavahana's Dayabhaga: The Hindu Law of Inheritance in Bengal

Published in print:
2002
Published Online:
November 2003
ISBN:
9780195138177
eISBN:
9780199834594
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0195138171.003.0001
Subject:
Religion, Hinduism

First discusses the place of Jīmūtavāhana's Dāyabhāga in Hindu legal literature. It then describes the life and works of Jīmūtavāhana, and his date and place in the commentarial literature. Next, ... More


3 3 Antecedents and Concepts of Traditional Hindu Law

Menski Werner

in Hindu Law: Beyond Tradition and Modernity

Published in print:
2009
Published Online:
October 2012
ISBN:
9780195699210
eISBN:
9780199080298
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195699210.003.0003
Subject:
Law, Family Law

This chapter discusses the premise of dharma as a self-controlled ordering system. It is explored in a historical, diachronic setting that starts from the Vedic origins of Hindu law. The chapter ... More


Evolution of the Hindu Code Bill

Chitra Sinha

in Debating Patriarchy: The Hindu Code Bill Controversy in India (1941–1956)

Published in print:
2012
Published Online:
September 2012
ISBN:
9780198078944
eISBN:
9780199081479
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198078944.003.0014
Subject:
Law, Family Law

The chapter of the book discusses the specific stages of evolution of the Hindu Code Bill and provides the base for understanding the ideological underpinnings of the discourse over the Hindu Code ... More


Official Nationalism, Multiculturalism, and Majoritarian Citizen Making: The Formation of the Postcolonial Policy Frame

Narendra Subramanian

in Nation and Family: Personal Law, Cultural Pluralism, and Gendered Citizenship in India

Published in print:
2014
Published Online:
September 2014
ISBN:
9780804788786
eISBN:
9780804790901
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804788786.003.0003
Subject:
Law, Family Law

This chapter examines the formation of the Indian state's approach to personal law in the first postcolonial decade. Policy makers maintained distinct personal laws, changed Hindu law alone although ... More


Divorce

Menski Werner

in Hindu Law: Beyond Tradition and Modernity

Published in print:
2009
Published Online:
October 2012
ISBN:
9780195699210
eISBN:
9780199080298
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195699210.003.0011
Subject:
Law, Family Law

This chapter discusses divorce in Hindu law. It begins by examining all the conflicting evidence about the nature of divorce in ancient Hindu law, inspects the rather meagre reformist efforts during ... More


Maintenance Law

Menski Werner

in Hindu Law: Beyond Tradition and Modernity

Published in print:
2009
Published Online:
October 2012
ISBN:
9780195699210
eISBN:
9780199080298
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195699210.003.0012
Subject:
Law, Family Law

This chapter discusses the maintenance law, which is considered critically important for Hindu women and children. It examines the wide field of traditional Hindu laws on maintenance for divorced or ... More


Jimutavahana's Dayabhaga: The Hindu Law of Inheritance in Bengal

Ludo Rocher (ed.)

Published in print:
2002
Published Online:
November 2003
ISBN:
9780195138177
eISBN:
9780199834594
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/0195138171.001.0001
Subject:
Religion, Hinduism

This is a translation of a twelfth‐century Sanskrit legal text, with the original text. The Dāyabhāga was one of the most important texts in the history of Indian law. It is important because the ... More


Polygamy

Menski Werner

in Hindu Law: Beyond Tradition and Modernity

Published in print:
2009
Published Online:
October 2012
ISBN:
9780195699210
eISBN:
9780199080298
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195699210.003.0010
Subject:
Law, Family Law

This chapter discusses and tries to analyze why and up to what extent the formal legal abolition of polygamy in Indian Hindu law does not fully represent social reality in India today. The chapter ... More


Hindu Marriage Law

Menski Werner

in Hindu Law: Beyond Tradition and Modernity

Published in print:
2009
Published Online:
October 2012
ISBN:
9780195699210
eISBN:
9780199080298
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195699210.003.0008
Subject:
Law, Family Law

This chapter discusses the Hindu marriage law. It shows that neither the Anglo-Hindu interventions, nor the modernist reforms of the 1950s in independent India, brought about any substantive change ... More


2 2 Rising from the Ashes:Postmodern Hindu Law

Menski Werner

in Hindu Law: Beyond Tradition and Modernity

Published in print:
2009
Published Online:
October 2012
ISBN:
9780195699210
eISBN:
9780199080298
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195699210.003.0002
Subject:
Law, Family Law

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 ... More


A Challenge to Civilized Society

Sudhir Chandra

in Enslaved Daughters: Colonialism, Law and Women's Rights

Published in print:
2008
Published Online:
October 2012
ISBN:
9780195695731
eISBN:
9780199080311
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195695731.003.0004
Subject:
Sociology, Gender and Sexuality

This chapter discusses the fear and worry associated with the Dadaji Bhikaji v. Rukhmabai case, which affected the traditional Hindu views on marriage. While some were openly against Rukhmabai and ... More


Reform and Codification of Hindu Personal Law: The Hindu Code Bills, 1948–57

Rina Verma Williams

in Postcolonial Politics and Personal Laws: Colonial Legal Legacies and the Indian State

Published in print:
2006
Published Online:
October 2012
ISBN:
9780195680140
eISBN:
9780199081721
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195680140.003.0004
Subject:
Law, Family Law

This chapter investigates the Indian government policy on the personal laws in the period immediately following independence in 1947. It is noted that Indian government policies on the personal laws ... More


Law and Gender Inequality: The Politics of Women's Rights in India

Flavia Agnes

Published in print:
2001
Published Online:
October 2012
ISBN:
9780195655247
eISBN:
9780199081189
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195655247.001.0001
Subject:
Law, Family Law

This volume explores gender inequality and the politics of women’s rights in India. It provides an invaluable analysis of the current trends of the debate on Uniform Civil Code located within a ... More


Personal Laws and Noninterference: The Late Colonial Era, 1920–47

Rina Verma Williams

in Postcolonial Politics and Personal Laws: Colonial Legal Legacies and the Indian State

Published in print:
2006
Published Online:
October 2012
ISBN:
9780195680140
eISBN:
9780199081721
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195680140.003.0003
Subject:
Law, Family Law

This chapter deals with the policies of the British colonial government during the colonial period, when the norm of noninterference was established. The state defines the agenda on the personal ... More


ON THE RELATIONS OF COMMON LAWS

H. Patrick Glenn

in On Common Laws

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199227655
eISBN:
9780191713606
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199227655.003.0003
Subject:
Law, Comparative Law, Legal History

This chapter focuses on the relations between common laws and various factors. It begins by examining the exchange of needed information between common laws across the continent. It investigates laws ... More


Debating Patriarchy: The Hindu Code Bill Controversy in India (1941–1956)

Chitra Sinha

Published in print:
2012
Published Online:
September 2012
ISBN:
9780198078944
eISBN:
9780199081479
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198078944.001.0001
Subject:
Law, Family Law

The book explores a significant episode of Indian social history, the Hindu Code Bill controversy that stirred the Indian social consciousness in the mid-twentieth century. Revisiting the ... More


Enslaved Daughters: Colonialism, Law and Women's Rights

Sudhir Chandra

Published in print:
2008
Published Online:
October 2012
ISBN:
9780195695731
eISBN:
9780199080311
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195695731.001.0001
Subject:
Sociology, Gender and Sexuality

This book discusses the case of Dadaji Bhikaji against Rukhmabai, his twenty-two year old wife. Dadaji filed the suit against his spouse when, after eleven years, she refused to live with him as per ... More


Introduction

Ishvarchandra Vidyasagar

in Hindu Widow Marriage

Published in print:
2011
Published Online:
November 2015
ISBN:
9780231156332
eISBN:
9780231526609
Item type:
chapter
Publisher:
Columbia University Press
DOI:
10.7312/columbia/9780231156332.003.0001
Subject:
Religion, Hinduism

This introductory chapter provides a brief biography of Ishvarchandra Vidyasagar, who promoted the passage of Act XV of 1856, granting Hindu widows the legal right to remarry. Vidyasagar was the ... More


Hindu Law: Beyond Tradition and Modernity

Werner Menski

Published in print:
2009
Published Online:
October 2012
ISBN:
9780195699210
eISBN:
9780199080298
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195699210.001.0001
Subject:
Law, Family Law

This book presents a study on a postmodernist analysis of classical Hindu law, which has become neglected due to the modernist assumptions about the increasing irrelevance of ‘religious’ legal ... More


Life and Death in Calcutta: A Courtroom View of the Ethics of Empire

Michael J. Franklin

in Orientalist Jones: Sir William Jones, Poet, Lawyer, and Linguist, 1746-1794

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199532001
eISBN:
9780191730900
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199532001.003.0008
Subject:
History, Asian History, British and Irish Modern History

This penultimate chapter deals with Jones's representation of Hindu and Muslim in poetry, in research, in translation, and in court. It considers his comparativist attempts to find similitude, ... More


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