Dharma – law and morality in India (I): duties and the rules of conduct

general courses

Classroom

Lecture, with elements of discussion, offering a general introduction into ancient Indian legal and moral ideas (dharma, karman), the fundamental elements of which played a significant role in the social life and cultures of South Asia, reinvented and reinterpreted also today.

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

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.

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

Attendence control and activity in class, final written examination (choice test).