LAW 314 - Hindu Law in Theory and Practice.

This course introduces Hindu law in both historical and comparative perspectives. We begin with introductory reflections on the nature and role of law in society, the relationship between religion and state in the law in general, and in India in particular. Other topics covered include the triple origins of Hindu law in priestly ritual codes, political theory, and local custom; Dharma as religious law and as jurisprudence; actual legal practice before the modern period; British attempts to codify Hindu law; Hindu personal law in modern India; and the controversy over religion and secularism in the courts today. Attention is given to constitutional definition of the category ‘Hindu’, attempts to legislate against suttee (“widow-burning”) and other disapproved religious practices, and the role of the courts in disputes over sacred spaces. We close with some comparisons with legal reasoning about religion in America, Israel, and England, based on court cases.Two hours.LubinNot offered in 2009-10.