AN ENQUIRY in COMPARATIVE JURISPRUDENCE Similarity And

Total Page:16

File Type:pdf, Size:1020Kb

AN ENQUIRY in COMPARATIVE JURISPRUDENCE Similarity And AN ENQUIRY IN COMPARATIVE JURISPRUDENCE Similarity and Disparity between dharma, t<L, and nomos by Reinhard Albert May submitted for the PhD School of Oriental and African Studies University of London ProQuest Number: 11010512 All rights reserved INFORMATION TO ALL USERS The quality of this reproduction is dependent upon the quality of the copy submitted. In the unlikely event that the author did not send a com plete manuscript and there are missing pages, these will be noted. Also, if material had to be removed, a note will indicate the deletion. uest ProQuest 11010512 Published by ProQuest LLC(2018). Copyright of the Dissertation is held by the Author. All rights reserved. This work is protected against unauthorized copying under Title 17, United States C ode Microform Edition © ProQuest LLC. ProQuest LLC. 789 East Eisenhower Parkway P.O. Box 1346 Ann Arbor, Ml 48106- 1346 - 2 - An Enquiry in Comparative Jurisprudence Similarity and Disparity between dharma, ZZ, and nomos ABSTRACT This enquiry deals with comparative jurisprudence in a cross-cultural perspective. Three most prominent indigenous conceptions, the topoi of dharma, ZZ, and nomos, are subse­ quently investigated and accordingly juxtaposed. Their forma­ tive and post-formative periods, the last roughly until between 200 B.C. and 200 A.D., are taken into consideration. No doubt, all three topoi represent significant world conceptions, a deeper understanding of which is prerequisite for an appro­ priate treatment. The enquiry commences with the Hindu Indian tradition of dharma avoiding as far as possible a descriptive vocabulary that is largely borrowed from an Occidental termi­ nology; the same applies for the topos of ZZ. Due to a still widely-observable ignorance of Hindu Indian jurisprudence, dharma figures in the centre of interest, and is therefore treated comparatively comprehensively. Next, considerable care is taken to focus on the Chinese ZZ^j and thirdly an essentially philosophic description of the ancient Greek topos of nomos is juxtaposed to the preceeding. As this implicit comparison re­ veals to an attentive observer, vague correspondences among fundamental disparities outweigh the similarity between the three topoi. Though dharma and ZZ can be described as regulative ways of life, dharma is for India (Hinduism) what ZZ is for China, and both are counterparts of what nomos was and became, the externally imposed constitutional (legal) order of society. After terminating the formative period, where a slight similar­ ity exists in an imagination of order between nomos and, dharma, while in China the imagination of harmony prevails instead, the topos of dharma is seen to be promoted under the presupposition of its provision of an overarching order, fit to work as an obligatory signpost through man's life, whereas the initial ritual and ceremonial l-c-conducts became after their extension into all social spheres the consolidated, socially created and accepted way of life. - 3 - CONTENTS Abstract 2 Contents 3 Abbreviations 3 Preface 7 Introduction 9 PART ONE ORIGIN AND 'PROMOTION' OF DHARMA § 1 Prolegomena 12 § 2 The Origin of dharma and the Historical Situation 15 § 3 Etymology and Meaning of dharma 18 § 4 Early Imagination of rta and dharma 22 § 5 From rta to the Dominating Vedic Imagination of dharma 2 6 § 6 The Idea of karma in Relation to dharma 33 § 7 Sruti and the 'Promotion' of dharma 40 § 8 The Nature and Relevance of smrti in 'Promoting' dharma 4 6 § 9 Sources and Interpretation of dharma 56 § 10 Constituents of dharma 66 § 11 Svadharma, sadharana-dharma, and purusartha 74 § 12 Rajadharma § 13 Dharma and vyavahara - 4 - PART TWO LI AND NOMOS § 14 Origin, Extension, and Consolidation of 119 § 15 Origin and Development of nomos 168 CONCLUSION § 16 Similarity and Disparity between dharma, ZZ, 199 and nomos GLOSSARY I India (Skt.) 216 II China III Greece INDEX of Chinese Characters 222 BIBLIOGRAPHY I India 223 II China III Greece IV Comparative Works (and other works not listed in I-III) - 5 - ABBREVIATIONS ARSP' ............... Archiv fur Rechts- und Sozialphilosophie, Wiesbaden AV ................. Atharva-Veda b k .................. book B.S.O.A.S.......... Bulletin of the School of Oriental and African Studies, London c ....................circa c h .................. chapter Diet, of H ......... M. and J. Stutley, A Dictionary of Hinduism E.C.M.H.L.......... J.D.M. Derrett, Essays in Classical and Modern Hindu Law, 4 vols. e d .................. edition or edited e s p ................. especially et a l ............... and others e t c ................. et cetera f n .................. footnote F r g ................. Fragment HD ................. Kane, History of Dharmasastra, 2nd ed. I.A ................. Indian Appeals ibid................ ibidem, 'in the same place or book' i . e ................. id est, 'that is' LCL ................ Loeb Classical Library l it................. literally Manu ............... Manusmpti, "The Laws of Manu", trans. by G. Biihler n ................... note P .................... Parvan PEW ............... Philosophy East and West, Honolulu, Hawaii p i .................. plural op.cit..............opere citato, 'in the work quoted' r e p r ................ reprint or reprinted RV ................. The Hymns of the Rgveda SBE ................ Sacred Books of the East, 50 vols., ed. F. Max Muller - 6 - sing................ singular Skt................. Sanskrit trans. or transl. translation or translated ubi cit. ......... where cited viz ................ videlicet, 'namely' ZphF ............... Zeitschrift fur philosophische Forschung, Meisenheim/Glan [ ] ............... brackets enclosing my own insertion - 7 - PREFACE Often, a legal world-order has been postulated in what­ soever a sense, yet without taking those decisive disparities into careful consideration which a comparison of basic 'legal' conceptions of different cultures reveals. In order to throw some light on those presumably deep rooted incongruities I have attempted to compare dharma, It, and nomos, the indigen­ ous (regulative) topoi as I preferred to say of Hindu India, China, and ancient Greece. A three-cornered cross-cultural enquiry in Comparative Jurisprudence, as far as I know, has not been undertaken. However, it seems that in this way a necessary contribution can be made to introduce a theoreti­ cally-established inter-cultural process of 'legal' under­ standing. Incidentally, we may become more sensi-Hve to the many intra-culturally emerging obstacles that hamper such endeavours. Last but not least we may also increasingly realize that the nomos-bound Occidental culture is not universally valid or transferable and applicable. Glaring disparities between the topoi of dharma, LL, and nomos which by far outweigh their similarities cannot be minimized and must be taken into account, if an inter-cultural process of 'legal' understanding can be meaningful to all parties involved. This enquiry takes for granted, and apparently verifies that "a system of law is hardly meaningful except within the bosom of the civilization which gave birth to it.'1* Therefore, I have attempted to pay careful attention to those non-Occi­ dental "systems" which are still little known to an Occidental audience. It was in 1979, when under the leadership of Professor Derrett (London) the volume on "Beitrage zu Indischem Rechts- denken" appeared as the first of a series of "Studien zu Nicht- europaischen Rechtstheorien", edited by Theodor Viehweg (Mainz) and myself, that plans matured to study some important - 8 - aspects of the Indian (Hindu) 'legal' tradition under the supervision of Professor Derrett, simultaneously continuing my studies in Comparative (Legal and Social) Philosophy. Eventually, I fixed upon the determination to engage in the present enquiry, putting scruples aside based on my own in­ sufficiencies relative to the difficult task ahead. Now, having finished that particular assignment for the time being, assuredly still incomplete and with many defi­ ciencies, I am greatly indebted to my teacher J. Duncan M. Derrett who first of all gave me the chance to undertake such a piece of work. Whenever necessary he encouraged my progress; without his unceasing kind interest and many valuable sugges­ tions this work would be still unfinished. Furthermore, I owe thanks to Joseph Needham who inspired my Chinese studies when I had the opportunity to meet him in Cambridge 1978; later contacts and my continuous study of his "Science and Civili­ sation in China" kept me close to the Chinese culture. As to the man behind his books, I owe much inspiration to Marcel Granet. I also wish to repeat my gratitude to my teacher in Legal Philosophy, Theodor Viehweg (Mainz) who has been support­ ing my studies since many years, and to Alwin Diemer (Diissel- dorf)** to whom I owe the opportunity to teach Comparative Philosophy with an increasing number of interested students. * J.D.M. Derrett, Essays in Classical and Modern Hindu Law, vol. II, (Leiden, 1977), p. XV. ** Professor Diemer is at present President de la Federation Internationale des Societes de Philosophie, and as such he took personal interest in the progress of my enquiry. - 9 - INTRODUCTION 1. This enquiry aims at presenting a contribution to Com­ parative Jurisprudence in a three-cornered cross-cultural perspective. Therefore, three most prominent indigenous con­ ceptions, the topoi of dharma, Li, and nomos, are investi­ gated seriatim and accordingly juxtaposed. Topoi as I have preferred to say are distinct
Recommended publications
  • Shang Yang 商鞅 and Legalist 法家 Reform in the Ancient Chinese State of Qin 秦
    SHANG YANG 商鞅 AND LEGALIST 法家 REFORM IN THE ANCIENT CHINESE STATE OF QIN 秦 Daniel HAITAS Abstract Legalism has played a major role in the history of the Chinese legal and governmental tradition. One of the major exponents and formulators of this school of thought in ancient times was Shang Yang, an official in the state of Qin. Shang Yang oversaw a program of law reform in Qin in such areas as criminal law and the economic life of the country which aimed to strengthen the power of the state. This can be said to have had long term consequences for both Chinese and world history, in that the strengthening and reorganization of Qin along the lines of Legalist principles helped lead to its gaining preeminence amongst the other states vying for influence in the Warring States period, ultimately leading to the unification of China under the rule of the Qin dynasty. Keywords: Shang Yang, Legalism, law reform, Qin state, criminal law, economic regulation. that would be known among the general population, which included a system of strict punishments to be 1. Introduction applied equally to all. Additionally, he implemented Throughout much of the history of the Chinese reforms that favoured agriculture at the expense of legal and governmental tradition, two different schools commerce. of thought have been portrayed as competing and This study particularly draws on the Book of Lord coexisting at the same time; these are the Legalists 法 Shang 商君書, the earliest surviving and foundational 1 家 and the Confucians 儒家 . Both sought to maintain text of the Legalist school whose authorship is 7 social order, yet differed in the primary methods attributed to Shang Yang .
    [Show full text]
  • INDIAN and WESTERN PHILOSOPHY a Sturl.R Ia Coatrtuu OJ Similar Interest
    INDIAN AND WESTERN PHILOSOPHY A Sturl.r Ia CoatrtuU OJ similar interest COUNTER-ATIACK FROM THE EAST' Tbe PhllosopiJY 'if Itadhalrishnan ' 1?f C. E._ M. Joad La. Cr. 8vo. 7'· 6d. na "Is stimulating. suggestive and frequently provocative" -Abqdun Prw . CONTEMPORARY INDIAN PHILOSOPHY Erlit<rl by Prof. Sir S. Radhakrishnan and Prof. J. H. Muirhead Demy 8vo. 16s. net "A book edited by two such thinkers testifies its own worth" -london Mercu!Y INDIAN AND WESTERN PHILOSOPHY A Study in Contrasts BY BETTY HEIMANN, Ph.D. · IA.U Profusor fn the Unlrenlg- of Halle- Wittenberg, Uct.urtr In SaJUkr}t and Indian Phllosopiyr• ~n the School of Oriental Srudles, Unlvuslg of London LONDON GEORGE ALLEN &. UNWIN LTD MUSEUM STREET FIRST PUBLISHED IN 1937 All rights reserved PRINTED IN GREAT BRITAIN BY UNWIN BROTHERS LTD., WOXING THE MOTTO OF THE WEST: IldvT(J)V XpTJJIIiT(J)V phpov ll.v0p(J)7TO,. Man is the Measure of all things. (Protagoras, c. soo B.c.) THE MOTTO OF INDIA: e~a atma samal). plu~iQa samo ma.Sakena samo nagena sama ebhis tribhir lokail). • • • samo 'nena sarveQa. This A.tman (the vital essence in Man) is the same in the ant, the same in the gnat, the same in the elephant, the same in these three worlds, ••• the same in the whole universe. · (Brhadaranyaka-upanifad r, 3, 22, c. rooo B.c.) PREFACE THIS comparative study of Indian and Western philosophical ideas is based on the Forlong Fund Lectures, under the auspices of the Royal Asiatic Society, which I was invited to deliver in the Lent Term, 1936, as a special course at the School of Oriental Studies, University of London.
    [Show full text]
  • Hinduism: a Beginner's Guide
    Hinduism A Beginner‘s Guide Where today’s news only scratches the surface, ONEWORLD BEGINNER’S GUIDES combine a truly engaging approach with expert analysis of the most challenging issues facing modern society. Innovative and affordable, these books are perfect for anyone curious about the way the world works and the big ideas of our time. anarchism democracy mafia & organized ruth kinna david beetham crime james o. finckenauer anti-capitalism energy simon tormey vaclav smil NATO jennifer medcalf artificial intelligence evolution blay whitby burton s. guttman the palestine–israeli evolutionary psychology conflict biodiversity dan cohn-sherbok & john spicer r. dunbar, l.barrett & j. lycett dawoud el-alami bioterror & biowarfare fair trade philosophy of mind malcolm dando jacqueline decarlo edward feser the brain genetics postmodernism a. al-chalabi, m. r. turner a. griffiths, b.guttman, kevin hart & r. s. delamont d. suzuki & t. cullis quantum physics christianity global terrorism alastair i. m. rae keith ward leonard weinberg religion cloning hinduism martin forward aaron d. levine klaus k. klostermaier the small arms trade criminal psychology life in the universe m. schroeder, r. stohl ray bull et al. lewis dartnell & d. smith FORTHCOMING: animal behaviour feminist theory medieval philosophy beat generation forensic science modern slavery bioethics french revolution oil british politics galaxies philosophy of religion censorship gender & sexuality political philosophy climate change globalization racism conspiracy theories history of science radical philosophy crimes against humanity human rights renaissance art engineering humanism romanticism ethics immigration socialism existentialism indigenous peoples time extrasolar planets literary theory volcanoes Hinduism A Beginner‘s Guide Klaus K. Klostermaier HINDUISM A Oneworld Book Copyright © Klaus K.
    [Show full text]
  • ANANDA W. P. GURUGE Introduction
    04 Guruge (153-182) 18-02-2009 8:55 Pagina 153 ANANDA W. P. GURUGE THE PLACE OF BUDDHISM IN INDIAN THOUGHT Introduction In the Nagarasutta in the Saμyutta Nikåya, (SN p.74) the Buddha states, “As a person discovers an ancient path to a lost city. I have discovered this ancient path leading to Nibbå∫a.” Thus the Buddha assumed the role of a re-discoverer rather than that of an original path-finder. What he meant by this statement is sub- ject to interpretation and has given rise to a controversy among stu- dents of Buddhism and Indian philosophy. The Buddhists, who believe that Gotama, the Buddha of the sixth century before Christ, was the twenty-fifth in a line of Buddhas com- mencing from Dœpa√kara (or the 29th, commencing from Tanhankara), have no difficulty in explaining that the Buddha’s reference was to the doctrines of the earlier Buddhas. The Buddhist commentators from very early times accepted this explanation. In fact, one of them, Buddhaghoßa, the most illustrious translator of Sinhala commentaries in the fifth century CE, went further and suggested that the Vedas themselves were only a degenerated version of the teachings of Buddha Kassapa, the immediate predecessor of Gotama, the Buddha. But in the absence of reliable historical data, one does not readily accept this Buddhist tradition. So there has been an attempt to review 04 Guruge (153-182) 18-02-2009 8:55 Pagina 154 154 Indologica Taurinensia, 34 (2008) the statement of the Buddha in the light of what is known for certain of Indian philosophy.
    [Show full text]
  • Making the Palace Machine Work Palace Machine the Making
    11 ASIAN HISTORY Siebert, (eds) & Ko Chen Making the Machine Palace Work Edited by Martina Siebert, Kai Jun Chen, and Dorothy Ko Making the Palace Machine Work Mobilizing People, Objects, and Nature in the Qing Empire Making the Palace Machine Work Asian History The aim of the series is to offer a forum for writers of monographs and occasionally anthologies on Asian history. The series focuses on cultural and historical studies of politics and intellectual ideas and crosscuts the disciplines of history, political science, sociology and cultural studies. Series Editor Hans Hågerdal, Linnaeus University, Sweden Editorial Board Roger Greatrex, Lund University David Henley, Leiden University Ariel Lopez, University of the Philippines Angela Schottenhammer, University of Salzburg Deborah Sutton, Lancaster University Making the Palace Machine Work Mobilizing People, Objects, and Nature in the Qing Empire Edited by Martina Siebert, Kai Jun Chen, and Dorothy Ko Amsterdam University Press Cover illustration: Artful adaptation of a section of the 1750 Complete Map of Beijing of the Qianlong Era (Qianlong Beijing quantu 乾隆北京全圖) showing the Imperial Household Department by Martina Siebert based on the digital copy from the Digital Silk Road project (http://dsr.nii.ac.jp/toyobunko/II-11-D-802, vol. 8, leaf 7) Cover design: Coördesign, Leiden Lay-out: Crius Group, Hulshout isbn 978 94 6372 035 9 e-isbn 978 90 4855 322 8 (pdf) doi 10.5117/9789463720359 nur 692 Creative Commons License CC BY NC ND (http://creativecommons.org/licenses/by-nc-nd/3.0) The authors / Amsterdam University Press B.V., Amsterdam 2021 Some rights reserved. Without limiting the rights under copyright reserved above, any part of this book may be reproduced, stored in or introduced into a retrieval system, or transmitted, in any form or by any means (electronic, mechanical, photocopying, recording or otherwise).
    [Show full text]
  • 7Th Jewish Culture Days in Halle – PROGRAM October 27 to November 29, 2019
    7th Jewish Culture Days in Halle – PROGRAM October 27 to November 29, 2019 New Foreword (October 12, 2019) Every year, since 2013, Jewish Culture Days are offered in Halle on the Saale, Saxony-Anhalt, Germany. They are jointly organized by the Jewish Congregation of Halle and the Jewish Studies Department through Freundeskreis Leopold Zunz Zentrum e.V. It takes about half a year to identify, put together, advertise and conduct our program of “joyous” Jewish Culture Days in togetherness as one city. This year, our 7th, and two weeks before commencement, a masked gunman attacked the Jewish congregation on Yom Kippur, October 9, 2019 at noon. It was a sturdy door that prevented the worst. Two people in the streets of Halle were less fortunate. It is with deepest sorrow that we do have to mourn their pointless deaths. Our deepest sympathies are with the families, and with the Jewish Congregation which is — and will always be — a vivid part of the city. A day of shock, such as October 9th, will not change that fact. After deliberate consideration among all organizers we have decided to go on as planned yet different than ever imaginable. Original Foreword (September 21, 2019) Dear Citizens of Halle, Friends, and Guests, Your screen shows the program of this year’s Jewish Culture Days! They began as a small series of events in 2013. They were organized on a voluntary basis then as they are now in the seventh year. Following the motto “Modernity and Jewish Culture,” this year is dedicated to the 1920s especially.
    [Show full text]
  • Recht, Staat Und Verwaltung Im Klassischen Indien
    Schriften des Historischen Kollegs Herausgegeben von der Stiftung Historisches Kolleg K olloquien 30 R. Oldenbourg Verlag München 1997 Recht, Staat und Verwaltung im klassischen Indien The State, the Law, and Administration in Classical India Herausgegeben von Bernhard Kölver unter Mitarbeit von Elisabeth Müller-Luckner R. Oldenbourg Verlag München 1997 Schriften des Historischen Kollegs im Auftrag der Stiftuni; Historisches Kolleg im Stifterverband für die Deutsche Wissenschaft herausgegeben von Horst Fuhrmann in Verbindung mit Rudolf Cohen, Arnold Esch, Lothar Gail, Hilmar Kopper, Jochen Martin, Horst Niemeyer, Peter Pulzer, Winfried Schulze, Michael Stolleis und Eberhard Weis Geschäftsführung: Georg Kalmer Redaktion: Elisabeth Miiller-Luckner Organisationsausschuß: Georg Kalmer, Herbert Kießling, Elisabeth Müller-Luckner, Heinz-Rudi Spiegel Die Stiftung Historisches Kolleg hat sich für den Bereich der historisch orientierten Wissen­ schaften die Förderung von Gelehrten, die sich durch herausragende Leistungen in For­ schung und Lehre ausgewiesen haben, zur Aufgabe gesetzt. Sie vergibt zu diesem Zweck jährlich bis zu drei Forschungsstipendien und ein Förderstipendium sowie alle drei Jahre den „Preis des Historischen Kollegs“. Die Forschungsstipendien, deren Verleihung zugleich eine Auszeichnung für die bisherigen Leistungen darstellt, sollen den berufenen Wissenschaftlern während eines Kollegjahres die Möglichkeit bieten, frei von anderen Verpflichtungen eine größere Arbeit abzuschließen. Professor Dr. Bernhard Kölver (Kiel, jetzt Leipzig) war - zusammen mit Professor Dr. Eli­ sabeth Fehrenbach (Saarbrücken), Prof. Dr. Hans-Werner Hahn (Saarbrücken, jetzt Jena) und Professor Dr. Ludwig Schmugge (Zürich) - Stipendiat des Historischen Kollegs im Kol­ legjahr 1991/92. Den Obliegenheiten der Stipendiaten gemäß hat Bernhard Kölver aus sei­ nem Arbeitsbereich ein Kolloquium zum Thema „Recht, Staat und Verwaltung im klassi­ schen Indien - The State, the Law, and Administration in Classical India“ vom 10.
    [Show full text]
  • Jinfan Zhang the Tradition and Modern Transition of Chinese Law the Tradition and Modern Transition of Chinese Law
    Jinfan Zhang The Tradition and Modern Transition of Chinese Law The Tradition and Modern Transition of Chinese Law Jinfan Zhang The Tradition and Modern Transition of Chinese Law Chief translator Zhang Lixin Other translators Yan Chen Li Xing Zhang Ye Xu Hongfen Jinfan Zhang China University of Political Science and Law Beijing , People’s Republic of China Sponsored by Chinese Fund for the Humanities and Social Sciences (本书获中华社会科学基金中华外译项目资助) ISBN 978-3-642-23265-7 ISBN 978-3-642-23266-4 (eBook) DOI 10.1007/978-3-642-23266-4 Springer Heidelberg New York Dordrecht London Library of Congress Control Number: 2014931393 © Springer-Verlag Berlin Heidelberg 2014 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifi cally the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfi lms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. Exempted from this legal reservation are brief excerpts in connection with reviews or scholarly analysis or material supplied specifi cally for the purpose of being entered and executed on a computer system, for exclusive use by the purchaser of the work. Duplication of this publication or parts thereof is permitted only under the provisions of the Copyright Law of the Publisher’s location, in its current version, and permission for use must always be obtained from Springer. Permissions for use may be obtained through RightsLink at the Copyright Clearance Center.
    [Show full text]
  • Politics and Religion: the Need for an Overlapping Consensus
    Politics and Religion: The Need for an Overlapping Consensus (an exemplar from the Hindu tradition) A.D.J. Desai Submitted for the degree of PhD. 1 ABSTRACT Politics and Religion: The Need for an Overlapping Consensus (an exemplar from the Hindu Tradition) This Thesis examines the consensus Hinduism in India shares with the ideology of liberal pluralism, and applies these reflections to religious education in the English context. The Rawlsian theory of justice models the political structure of a liberal plural society. Insights from communitarianism, relativism and Alasdair Maclntyre, are critically assessed and used to enlarge this model. Further, Carol Gilligan and Tom Kitwood emphasise that moral citizens in a plural society need, and must provide, a caring and open environment. The overlapping consensus across liberal pluralism and the Hindu tradition is assessed at the (i) theological and (ii) empirical levels. (i) Vedantic concepts are formulated to highlight a potentially strong consensus across Vedantic and liberal viewpoints. The presentation of God as a caring and egalitarian mother is emphasised. (ii) A landscape survey (sample size 550) was conducted to help focus the case-study investigations. Case-studies of four Indian young Hindus studied attitudes towards pluralism through discussions on Ayodhya 1992. The minute sample size of the case- study meant that this data could not, in itself, justify inductive generalisation. Nevertheless, the case-studies did highlight some important and disconcerting voices, and did not contradict the conclusions from the larger landscape survey. The data warns that contemporary sentiment may be incongruent with the potentially strong consensus across liberal pluralism and Vedantic theology.
    [Show full text]
  • Inroduction to Indian Laws
    INTRODUCTION TO INDIAN LAWS, FUNDAMENTAL DUTIES Indian Legal System ▪ Indian law refers to the system of law which operates in India. ▪ It is largely based on English common law. ▪ Various Acts introduced by the British are still in effect in modified form today. ▪ Much of contemporary Indian law shows substantial European and American influence. History of Indian law ▪ Ancient India represented a distinct tradition of law. ▪ India had an historically independent school of legal theory and practice. ▪ The Arthashastra, dating from 400 BC, and the Manusmriti, from 100 AD, were influential treatises in India. ▪ Manu's central philosophy was tolerance and pluralism, and was cited across Southeast Asia. Source of Law • Primary Source: a. The primary source of law is in the enactments passed by the Parliament or the State Legislatures. b. The President and the Governor have limited powers to issue ordinances. c. These ordinances lapse six weeks from the re-assembly of the Parliament or the State Legislature. Source of Law ….Cont Secondary Source: ▪ Secondary source of law is the judgments of the Supreme Court, High Courts and some of the specialized Tribunals. ▪ The Constitution provides that the law declared by the Supreme Court shall be binding on all courts within India. Constitution of India ▪ The Constitution declares India to be a sovereign socialist democratic republic, assuring its citizens of justice, equality, and liberty. ▪ It is the longest written constitution of any independent nation in the world. ▪ It contains 395 articles and 12 schedules, as well as numerous amendments, for a total of 1,17,369 words in the English language version.
    [Show full text]
  • The Foundations of Social Life: Ugandan Philosophical Studies I
    CULTURAL HERITAGE AND CONTEMPORARY CHANGE SERIES II. AFRICA, VOLUME 2 THE FOUNDATIONS OF SOCIAL LIFE Ugandan Philosophical Studies, I Edited by A.T. Dalfovo, E.K.M. Beyaraaza, P. Kaboha, J.K. Kigongo, S.A. Mwanahewa, E. Wamala Zubairi `b Nasseem The Council for Research in Values and Philosophy Copyright © 1992 by The Council for Research in Values and Philosophy Gibbons Hall B-20 620 Michigan Avenue, NE Washington, D.C. 20064 All rights reserved Printed in the United States of America Library of Congress Cataloging-in-Publication The foundations of social life: Ugandan philosophical studies, I / edited by A.T. Dalfovo, E.K.M. Beyaraaza, P. Kaboha, J.K. Kigongo, S.A. Mwanahewa, E. Wamala, Zubairi `b Nasseem p.cm.—(Cultural heritage and contemporary change, George F. McLean, Gen ed.; Series II, Africa; vol. 2) Includes bibliographical references and index. Contents: African heritage and contemporary life / by Zubairi’b Nasseem – The socio-political philosophy of traditional Buganda / by E. Wamala – African logical heritage and contemporary life / by Sango A. Mwanahewa – The concepts of individuality and social cohesion / by J.K/ Kigongo – African metaphysical heritage and contemporary life / by P. Kaboha – Cultural heritage and contemporary life / by A.T. Dalfovo – Cultural differences and urban clashes in African cities / by E.K.M. Beyeraaza. I. Dalfovo, A.T. et al. II. Series. 1. Philosophy, Uganda. B5619.U33F68 1992 91-58114 199’.6761—dc20 CIP ISBN 1-56518-006-2 (pbk.) TABLE OF CONTENTS Acknowledgements iv Introduction 1 1. African Heritage and Contemporary Life: An Experience of Epistemological Change by Zubairi `b.
    [Show full text]
  • Chapter-V Artha As a Value Concept
    151 Chapter-V Artha as a Value Concept The term 'artha' refers to both the wealth and the political economy and as such covers both the economic and the political values. All value-theories and theories of normative ethics are centered round the concept of human self and his desires and interests. All ofthem can be brought under the head of Kama. Hence, in the words of Prof. Hiriyanna, 'They, Artha and Kama are the useful and agreeable and represent the lower values." Before dealing with the Artha- value proper, it will be better to deal with the Vedic outlook on life and the world. The Vedic outlook on life is integral and comprehensive. Even the literal meaning of the Vedic hymns shows that the Vedic people were interested both in secular as well as spiritual values, both in the individual as well as social reality. Theirs was not an other-worldly and escapist religion. There is no place for pessimistic trends like that of Schopenhauer in Vedic philosophy and religion. Unlike Schopenhauer and other pessimists, the Vedic people prayed for a life span of hundred years and even more. According to Schopenhauer, it is impossible for a man to be completely happy and, hence, ·in the mood of extreme pessimism, he becomes an advocate of the will to die. On the contrary, the Vedic people were advocates of the will to live and the will to conquer. They appear to be very cheerful and heroic in their lives ordinarily beset with obstacle~ and struggles. In leading a cheerful and heroic life, they would not be depressed.
    [Show full text]