Dharma – law and morality in India (I): duties and the rules of conduct 3600-IN-DPMI-OW
Lecture, with elements of discussion, offering a general introduction, also to an audience without any prior knowledge of South Asia, into ancient Indian legal and moral ideas (rta, dharma, karman), from the perspective of cultural and religious studies, grounded philologically. These ideas played a decisive role in the social life and cultures of South Asia, shaping the structure of Aryan society, finding their representations in Indian theories of duty and morality, gaining their place among ontological categories, etc.
The participants will learn about the broader literary and cultural context of such concepts as rta, dharma, as well as karman, will look at their conceptual framework and receive also more detailed information on the components of the Aryan theory of social duties, their idea of society and of obligations resulted from biology, social status, and life aims. The participants will also gain a perspective how the concept of dharma changed and evolved in time, beginning from the idea of moral rules and duties, up to the contemporary South Asian usage of the term dharm(a) as ‘religion’.
Main topics:
I. The cultural and literary background
1. The Vedas – rta and dharma
2. The evolution of the concept of dharma and its ambiguity
3. Indian scientific literature on law and morality
II. The Aryan society
4. Āryāvarta and the four social estates
5. The duties of man and the theory of three debts
6. The ritual and ascesis; the life stages
7. The concept of karman
III. Dharma – duties and morality
7. The aims of human life
8. Social, ritual and marital duties
9. The role and tasks of a king
10. Brahmins and their social position
11. Women and children
12. Merits and demerits; sins and atonements
IV. Dharma today
13. The evolution of dharma
14. Customary law and religion
Type of course
Mode
Learning outcomes
K_W03
has extended knowledge of particular problems pertaining to the culture of South Asia (within the scope of culture and literature or language or philosophy and religion or history and socio-political issues)
K_W07
knows and understands the local academic tradition (methods of analysis, interpretation and evaluation) in the context of South Asia
K_W10
has wide and profound knowledge of the structures and social relations as well as socio-cultural behaviours of South Asia in the scope conditioning professional social and intercultural verbal communication
K_U06
can use the terminology from the domain of philosophy and religion of South Asia to analyze and interpret religious phenomena, ethical motives and human behaviours, as well as cultural differences
K_U07
can detect relationship between the development of philosophical and religious ideas of South Asia and social, cultural and economic processes
K_U09
can compare and thoroughly analyze interrelations between chosen literary texts and other works of culture (film, press, social writing) of South Asia and the issues within the scope of tradition and modern times
K_U10
can carry out a critical analysis and interpretation of different products of culture of South Asia in a way which is appropriate to a chosen tradition, theory and research school within the scope of linguistics or literary and cultural studies or philosophy and religion studies or history, employing unique approaches that take into account the knowledge in the field of Oriental studies
K_U11
can analyze most important phenomena in the area of history, socio-political, linguistic or cultural situation of South Asia
K_K05
is open to new ideas and trends as well as cultural diversity
K_K06
has awareness of the differences stemming from cultural, religious and philosophical variety and their influence on shaping social and political attitudes as well as economic processes
K_K07
understands responsibility and ethical issues that come with imparting knowledge of South Asia
K_K08
understands and appreciates the value of tradition and cultural heritage of one’s own country and of South Asia
K_K09
can see the need to enrich one’s own tradition by adding positive philosophical, social and cultural values of South Asia, treats cultural synergy as an added value
Assessment criteria
Attendence control and activity in class, final written examination (choice test).
Bibliography
Selected references:
Davis, Jr., Donald R., 2004. “Being Hindu or Being Human: A Reappraisal of the Puruṣārthas”, International Journal of Hindu Studies 8, 1-3 (2004): 1-27.
Davis, Jr., Donald R., The Spirit of Hindu Law, Cambridge University Press, 2010.
Glucklich Ariel, Religious Jurisprudence in the Dharmaśāstra, New York: Macmillan Publishing Company 1988.
Hinduism and Law. An Introduction, ed. by T. Lubin, D.R. Davis, Jr., Jayanth K. Krishnan, Cambridge University Press 2010 (New Delhi 2011).
Kane, P.V. (1962–1975). History of Dharmasastra . 5 Vols. Poona: Bhandarkar
Oriental Research Institute.
Lingat Robert, The Classical Law of India, transl. from French, with additions by J. Duncan M. Derrett, New Delhi: Munshiram Manoharlal Publishers Pvt. Ltd. 1993 [University of California 1973]
Menski Werner F., Hindu Law. Beyond Tradition and Modernity, New Delhi: Oxford University Press 2008 [First published in 2003].
Olivelle, Patrick, Manu’s Code of Law: A Critical Edition and Translation of the Mānava-Dharmaśastra (South Asia Research), OUP 2004.
Olivelle, Patrick, 2006. “Explorations in the Early History of Dharmaśāstra”, in: Between the Empires: Society in India 300 BCE to 400 CE, ed. by P. Olivelle. Oxford University Press 2006: 169-190???.
Olivelle, P. (ed.) 2009 (I wyd. 2004, JIP, Kluwer Academic Publishers), Dharma. Studies in its Semantic, Cultural and Religious History, Motilal Banarsidass Publishers Pvt. Ltd., Delhi.
Olivelle, Patrick, 2011. Ascetics and Brahmins: Studies in Ideologies and Institutions, Cultural, Historical and Textual Studies of Religions, London: Anthem Press.
Olivelle, Patrick; Davis, Jr., Donald R. (red.), 2018. Hindu Law. A New History of Dharmaśāstra. The Oxford History of Hinduism. Oxford University Press.
Rocher, Ludo; Davis, Donald R., 2012. Studies in Hindu Law and Dharmaśāstra, Anthem South Asian Normative Traditions Studies, London: Anthem Press.
Additional information
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