Writing and the Recognition of Customary Law in Premodern India and Java.
Explaining what made ancient Greek law unusual, Michael Gagarin observes that most premodern legal cultures "wrote extensive sets (or codes) of laws for academic purposes or propaganda but these were not intended to be accessible to most members of the community and had relatively little effect on t...
| Publicado en: | Journal of the American Oriental Society Vol. 135; no. 2; pp. 225 - 260 |
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| Formato: | Artículo |
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American Society for Premodern Asia (ASPA)
Apr-Jun2015
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| Acceso en línea: | Ver este registro en EBSCOhost |
| fields | @attributes: recordID: 1 pdfLink: plink: https://search.ebscohost.com/login.aspx?direct=true&db=hlh&AN=109375162&site=ehost-live header: @attributes: shortDbName: hlh uiTerm: 109375162 longDbName: Humanities International Complete uiTag: AN controlInfo: bkinfo: jinfo: jid: JOY jtl: Journal of the American Oriental Society maglogo: N pubinfo: dt: Apr-Jun2015 vid: 135 iid: 2 pid: 1463 pub: American Society for Premodern Asia (ASPA) artinfo: ui: 109375162 10.7817/jameroriesoci.135.2.225 ppf: 225 ppct: 35 formats: fmt: @attributes: type: P size: 16.7MB tig: atl: Writing and the Recognition of Customary Law in Premodern India and Java. aug: au: LUBIN, TIMOTHY affil: WASHINGTON UNIVERSITY LEE UNIVERSITY su: Customary law Hindu law Javanese (Indonesian people) Southeast Asian history Legal history sug: subj: Customary law Hindu law Javanese (Indonesian people) Southeast Asian history Legal history ab: Explaining what made ancient Greek law unusual, Michael Gagarin observes that most premodern legal cultures "wrote extensive sets (or codes) of laws for academic purposes or propaganda but these were not intended to be accessible to most members of the community and had relatively little effect on the actual operation of the legal system." This article addresses the implications of writing for customary or regional law in South and Southeast Asia. The textual tradition of Dharmaśāstra ("Hindu law"), which canonizes a particular model of Brahmin customary norms, can certainly be called a "scholarly" exercise, and it was also intended as propaganda for the Brahmanical cosmopolitan world order. But it also formulated a procedural principle to recognize the general validity of other, even divergent, customary norms, though for the most part such rules remained lex non scripta. On the other hand, inscriptions provide evidence that writing was used for diverse legal purposes and offers glimpses of actual legal practice. In these records, customary laws are sometimes laid down as statutes by decree of a ruler or community body, or are simply invoked as long-established customary rules. But even when Dharmaśāstra texts are not directly cited, their influence over the longue durée is discernable in the persistence of śāstric legal categories and terms of art. This influence is even more evident in Java, where legal codes on the Dharmaśāstra model were composed in Javanese, and where the inscriptions came to exhibit a closer connection with śāstric discourse than is found in India. pubtype: Academic Journal doctype: Article src: R language: English refInfo: copyright: @attributes: flag: Y custom: Copyright of Journal of the American Oriental Society is the property of American Society for Premodern Asia (ASPA) and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. item: Journal of the American Oriental Society holder: American Society for Premodern Asia (ASPA) dt: @attributes: year: 2015 holdings: @attributes: islocal: N |
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