Ownership and Inheritance in Sanskrit Jurisprudence

Cover
Ownership and Inheritance in Sanskrit Jurisprudence
Copyright
Acknowledgements
Contents
List of Figures and Tables
Glossary of Sanskrit Terms
Introduction
	Ownership, Property, and Svatva
	Dharma, Dharmaśāstra, and Śāstra
	Law, Legalism, and Schools of Hindu Law
	Intellectual History, the Scale of Texts, and Schools of Thought
	Outline of the Chapters
1: Mīmā m: sā and the Mitāk:sarā School of Jurisprudence
	Consolidating Earlier Dharmaśāstra
		The Definition of Inheritance (Dāya)
		Does Ownership Precede Partition?
		The (Extra)Śāstric Nature of Ownership
	Consolidating Mīmā m: sā Theories of Ownership
		Ownership in Śabara’s Bhās:ya
		Theories of Ownership in Prābhākara-Mīmām: sā Writings
		Mīmā m: sā in Pre-Mitāk:sarā Dharmaśāstra Commentary
		Vijñāneśvara’s Consolidation of Prābhākara-Mīmām: sā Theories
	The Medieval Mitāks:arā School
		Bhavanātha’s Mīmām: sānayaviveka: Mīmām: sā’s First Metaphysics of Ownership
		Vijñāneśvara’s Successors
	Conclusion
2: Navya-Nyāya and the Maithila and Gau: da Schools of Jurisprudence
	Maithila and Gau: da Scales of Dharmaśāstra Texts
		Inheritance and Ownership in Maithila Dharmaśāstra and Navya-Nyāya
		A Walled Garden in Mithilā and Bengal
		Śrīnāthācāryacū: dāma: ni: The Founder of the Bengal School
		Raghunandana and Acyuta: Jīmūtavāhana as an Opponent of Mithilā and the Mitāk:sarā
	Avacchedakas, Nirūpakas, and Padārthas in Dāyabhāga Commentaries
		Delimiting Dādhātvarthatā: Navya-Nyāya Techniques in Dāyabhāga Commentaries
		Svatva as Padārtha: Navya-Nyāya Theories of Ownership in Dāyabhāga Commentaries
		Gau: da Navya-Nyāya Theories of Ownership
		Theories of Ownership in the Dāyabhāga and Dāyabhāga Commentaries
	The Dāyabhāga-Commentators’ Influence on Navya-Nyāya
		Uparamasvatva in Post-Raghunātha Navya-Nyāya
		Two Theories from the Dāyabhāga in Navya-Nyāya Literature
	Conclusion: Schools of Dharmaśāstra in Late Navya-Nyāya
3: The Bhā: t:ta School of Benares: Vārā : nasī, 1657
	The Bha: t :tas, a Social History
		Early Modernity and the Brāhma: na Ecumene
		Enter the Bha: t :tas
		Speaking from Śiva’s Temple
		Back to the Motherland—The Bha: t:tas in the Court of Śivājī
	A Family Affair—Knowledge Production in the Scholar Family
		The Textual Structure of the Bhā: t:ta School: Topics and Colophons
		Bhā: t:ta Intertextuality: Citations and Arguments
	Ownership and Inheritance in the Bhā: t:ta Corpus
		The Mitāk
sarā as a Bhā: t:ta text: Rāmakr: 
 s : nabha: t :ta’s Vibhāgatattvavicāra
		Kamalākarabha: t:ta: The Founder of the Bhā: t:ta School of Inheritance
	Ownership and Inheritance According to Gāgābha: t:ta
	Conclusion
4: Anglo-Indian Schools of Hindu Law
	First Steps (1765–87)
		Warren Hastings’ Judicial Plan of 1772, A Rule of Property in Bengal
		Gau: das and Maithilas in the Vivādār : navasetu
	The Search for Certainty (1787–94)
		William Jones, Rādhākānta Tarkavāgīśa, and Jagannātha Tarkapañcānana
		The Vivādabhaṅgār : nava, an Ocean of Navya-Nyāya Jurisprudence
	From Two Digests to Two Treatises (1794–1825)
		Henry Colebrooke and the Making of Western Indology
		Bālambha: t:ta, the Mitāk:sarā, and the Vīramitrodaya
	The Limits and Limitations of Schools of Hindu Law
Conclusion: Market Governance, (Neo)Liberalism, and the Future of Dharmaśāstra in the Twenty-First Century
	From Pa: nd: itas to Precedents (1816–64)
	Between the Hands Invisible and Dead (1864–1956)
	A Neo-Liberal Epitaph for the Rishis
	Out of the Waiting Room of History: Dharmaśāstra and Legal Pluralism
	Summary of Chapters
Bibliography
	Sanskrit Manuscripts
	Primary Texts in Sanskrit
	Secondary Texts in English
Index