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Hindu LawBeyond Tradition and Modernity$
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Werner Menski

Print publication date: 2009

Print ISBN-13: 9780195699210

Published to Oxford Scholarship Online: October 2012

DOI: 10.1093/acprof:oso/9780195699210.001.0001

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2 2 Rising from the Ashes:Postmodern Hindu Law

2 2 Rising from the Ashes:Postmodern Hindu Law

Chapter:
(p.37) 2 Rising from the Ashes:Postmodern Hindu Law
Source:
Hindu Law
Author(s):

Menski Werner

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195699210.003.0002

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 the awareness of the practical importance of self-controlled ordering and local custom precluded the emergence of state legal systems that are within traditional Hindu law. These could claim to lay down and determine the law for everyone. It also appears to suggest that it is only during medieval times that the conceptual transition from dharma to law is made more explicit.

Keywords:   postmodern Hindu law, conceptual foundations, Hindu law, positivism, top-down strategy, self-controlled ordering, state legal systems, dharma, local customs

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