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Journal of the American Academy of Religion Advance Access originally published online on May 30, 2007
Journal of the American Academy of Religion 2007 75(2):241-267; doi:10.1093/jaarel/lfm004
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© The Author 2007. Published by Oxford University Press, on behalf of the American Academy of Religion. All rights reserved. For permissions, please e-mail: journals.permissions@oxfordjournals.org

Hinduism as a Legal Tradition

Donald R. Davis, Jr.

Department of Languages and Cultures of Asia, University of Wisconsin—Madison, 1244 Van Hise, 1220 Linden Dr., Madison, WI 53706, USA

E-mail: drdavis{at}wisc.edu


  Abstract

The role of law in Hinduism and the value of law as a category of Hindu studies have been underestimated. After making an initial case for the connection of dharma and law in the treatises on religious and legal duty known as Dharmasastra, this essay examines the role of dharma as law in other Hindu texts in order to show the possible horizons of understanding yielded by an incorporation of law into Hindu studies. Dharmasastra, it is argued, should be viewed as a form of legal rhetoric and its formulations of dharma understood as paradigmatic for the Hindu tradition as a whole. Finally, through a comparison with Islam and Islamic studies, the mutual modulations of law and Hinduism are examined in order to see the consequences of juxtaposing these two categories.


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