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Ownership and Inheritance in Sanskrit Jurisprudence (Oxford Oriental Monographs),Used
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Ownership and Inheritance in Sanskrit Jurisprudence provides an account of various theories of ownership (svatva) and inheritance (daya) in Sanskrit jurisprudential literature (Dharmasastra). It examines the evolution of different juridical models of inheritancein which families held property in trusts or in tenanciesincommonagainst the backdrop of related developments in the philosophical understanding of ownership in the Sanskrit texttraditions of hermeneutics (Mima?sa) and logic (Nyaya) respectively.Christopher T. Fleming reconstructs medieval Sanskrit theories of property and traces the emergence of various competing schools of Sanskrit jurisprudence during the early modern period (roughly fifteenthnineteenth centuries) in Bihar, Bengal, and Varanasi. Fleming attends to the ways in which ideas from these schools of jurisprudence shaped the codification of AngloHindu personal law by administrators of the British East India Company during the late eighteenth and early nineteenth centuries. While acknowledging the limitations of colonial conceptions of Dharmasastra as positive law, this study argues for far greater continuity between precolonial and colonial Sanskrit jurisprudence than accepted previously. It charts the transformation of the Hindu law of inheritancethrough precedent and statuteover the late nineteenth, twentieth, and early twentyfirst centuries.
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