The Nature of Dharmasastra Texts: Concept of Dharma and development of Legal tradition

Registration ID: IJNRD_184030

Published ID: IJNRD2212014

DOI: http://doi.one/10.1729/Journal.32678

Dr Priyanka Thakur

Concept of Dharma, Dharmaśāstric literature, evolution of ancient Indian legal tradition from behavioral codes, foundations of the concept of dharma

Dharma is an elusive term which is used in the sense of ‘upholder or supporter or sustainer’ in the Vedic saṃhitas. The term conceptually evolves into codes of behavior, essential to uphold the existing social structure, in the Dharmaśāstra literary tradition. These codes provided the structural support to the ever emerging and modifying judicial system. The Dharmaśāstras texts contain instructions about the performance of śrāddha; daily rituals and duties of a householder; rules of inheritance of mobile and immobile property (in a patriarchal family) and their intrinsic relation to the important unit of society, the kinship structure (sapiṇḍa relation). A large portion of Dharmaśāstra texts is dedicated to the norms of inheritance which are in accordance to the patriarchal structural construct. These norms identify varṇa and gender disparity and differentiate on the same basis. Such codified instructions recognizing categorization of human behavior as per their social standing was not to be found elsewhere in the world. This tradition evolved in to an institutional impartation of justice in texts like Manusmṛti and Yājñavalkyasmṛti and other śāstric texts, with detailed description of constituent elements of judiciary headed by the King as the last authority of appeal with his powers not being supreme or unlimited.

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Dr Priyanka Thakur (December-2022). The Nature of Dharmasastra Texts: Concept of Dharma and development of Legal tradition. INTERNATIONAL JOURNAL OF NOVEL RESEARCH AND DEVELOPMENT, 7(12), a96-a107. http://doi.one/10.1729/Journal.32678

Volume 7 Issue 12, December-2022

Pages : a96-a107

Paper Reg. ID: IJNRD_184030

Published Paper Id: IJNRD2212014

Downloads: 000121994

Research Area: Social Science and Humanities 

Country: Ghaziabad, U.P., India

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Crossref DOI: http://doi.one/10.1729/Journal.32678

Journal Name: INTERNATIONAL JOURNAL OF NOVEL RESEARCH AND DEVELOPMENT(IJNRD)

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