dharmashastra


dharmashastra

also spelled  Dharmasastra,  Sanskrit  Dharma-śāstra 

      (“righteousness science”), ancient Indian body of jurisprudence that is still fundamentally the family law of Hindus living in territories outside India (e.g., Pakistan, Malaysia, East Africa) and is in force, subject to legislative modification, in India. Dharmashastra is not primarily concerned with legal administration, though courts and their procedures are dealt with comprehensively, but with the right course of conduct in every dilemma. Some basic principles of dharmashastra are known to most Hindus brought up in a traditional environment. These include the propositions that duties are more significant than rights, that women are under perpetual guardianship of their closest male relatives, and that the king (i.e., the state) must protect the subjects from all harm, moral as well as material.

      The dharmashastra literature, which is written in Sanskrit, exceeds 5,000 titles. It can be divided into three categories: (1) sutras (terse maxims); (2) smritis (shorter or longer treatises in stanzas); and (3) nibandhas (digests of smriti verses from various quarters) and vṛttis (commentaries upon individual continuous smritis). The nibandhas and vṛttis are juridical works intended for legal advisers and exhibit considerable skill in harmonizing divergent sutras and smritis.

      The techniques of the dharmashastra are mainly to state the ancient text, maxim, or stanza and to explain its meaning, where obscure, to reconcile divergent traditions, if necessary by use of the traditional science of interpretation (Mimamsa). Where possible, dharmashastra permits custom to be enforced, if it can be ascertained and if its terms are not repugnant to the principles of life as understood by Brahmans (those of the priestly class). Brahman ethics have given dharmashastra its colour and provided a test under which many customs of the Hindu peoples could be administered by Hindu kings.

      Ancient Hindu jurisprudence was introduced to the West by Sir William Jones (Jones, Sir William), 18th-century British Orientalist and jurist. Many who followed him—e.g., Sir Henry Maine (1822–88)—believed dharmashastra was a kind of priestcraft, intended to keep the lowest castes, the Śūdras and the untouchables, under the control of the higher castes. The close study of dharmashastra sources by German and Italian scholars, principally G. Bühler, Julius Jolly, and Giuseppe Mazzarella, showed its psychological and sociological potential.

      Dharmashastra is equal in age to Jewish law (or older, if its roots do indeed go back to the Vedas), but its sources are more accessible, more varied, and less codified. It differs from Roman law in these respects but especially in its greater continuity and longevity. The British colonial administration in India affected the system of Hindu law by applying the traditional rules in a hard-and-fast way and by introducing the concept of precedent. Rapid social change, following foreign rule, required many adjustments to India's body of Hindu law. There was, for example, no provision in the dharmashastra for the development of judicial divorce or the allotting of equal shares to daughters along with sons in their fathers' estate at his death. This would have necessitated inventing new texts, which was impossible. Hence, first piecemeal and later comprehensive legislation, in 1955–56, altered the system of Indian law administered in the courts. Gradually, as judges lost familiarity with Sanskrit, the ancient texts began to be replaced with contemporary, cosmopolitan juridical and social concepts.

* * *


Universalium. 2010.

Look at other dictionaries:

  • Dharmashastra —   [ ʃ ; Sanskrit »Lehrbuch des Dharma«] das, / s, altindische, meist in Versen verfasste Textsammlung aus dem 2. Jahrhundert v. Chr. bis 2. Jahrhundert n. Chr., zur Gattung der Shastras gehörend. Die Dharmashastras basieren auf kurz gefassten… …   Universal-Lexikon

  • Dharmashastra —    The Indian literary genre of Dharmashastra (authoritative scripture prescribing the rules of right conduct) began around the fourth century B.C.E. It included the subgenre of Dharmasutras, or aphoristic works about DHARMA. Traditionally, the… …   Encyclopedia of Hinduism

  • dharmashastra — dhar·ma·shas·tra …   English syllables

  • dharmashastra — …   Useful english dictionary

  • Ayutthaya Kingdom — Infobox Former Country native name = อาณาจักรอยุธยา conventional long name = Kingdom of Ayutthaya common name = Ayutthaya Kingdom continent = Asia region = South East Asia country = era = Middle Ages status = event start = year start = 1351 date… …   Wikipedia

  • Reino de Ayutthaya — Saltar a navegación, búsqueda El reino de Ayutthaya fue un reino de Tailandia que existió de 1350 a 1767. El rey Ramathibodi I (U Thong) fundó la capital Ayutthaya (อยุธยา) en 1350 y absorbió en 1376 a Sukhothai, 640 kilómetros al norte. Durante… …   Wikipedia Español

  • History of Thailand — The history of Thailand begins with the migration of the Thais from their ancestral home in southern China into mainland southeast Asia around the 10th century AD. Prior to this Mon, Khmer and Malay kingdoms ruled the region. The Thais… …   Wikipedia

  • History of Dharmasastra (book) — History of Dharmasastra, with subtitle Ancient and Medieval Religious and Civil Law in India , is a monumental five volume work, consisting of around 6,500 pages, and was written by Dr. Pandurang Vaman Kane, an indologist. The first volume of the …   Wikipedia

  • Kalpa (Vedanga) — Part of a series on Hindu scriptures …   Wikipedia

  • Kameshwar Singh Darbhanga Sanskrit University — Infobox University name = Darbhanga Sanskrit University motto = established = 1961 chancellor = Mr. Vijay Kumar Mishra vice chancellor= Dr. Kulanand Jha city = Darbhanga, Bihar, India country = students= type = Public campus = Rural affiliations …   Wikipedia


Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”

We are using cookies for the best presentation of our site. Continuing to use this site, you agree with this.