Hindu law

Washington & Lee University
Law 314 / Rel. 335
Fall 2007

Hindu Law in Theory and Practice
Dr. Timothy Lubin, 23 Newcomb Hall, x8146, lubint wlu.edu
This course introduces Hindu law in both historical and comparative perspectives. We begin with introductory reflections on the nature and role of law in society, the relationship between religion and state in the law in general, and in India in particular.
Other topics covered include the triple origins of Hindu law in priestly codes, political theory, and local custom; Dharma as religious law and as jurisprudence; actual legal practice before the modern period; colonial attempts to codify Hindu law; Hindu personal law in modern India; and the controversy over religion and secularism in the courts today.
Attention is given to constitutional definition of the category ‘Hindu’, attempts to legislate against suttee (“widow-burning”) and other disapproved religious practices, and the role of the courts in disputes over sacred spaces. We close with some comparisons with legal reasoning about religion in America, Israel, and England, based on court cases.
The course is especially pertinent for students interested in comparative legal theory; the intersections of law, religion, and politics; religious practices and ethnic identity; and the role of law in shaping or reforming society.
Students will turn in a short (400-word) analyses of the material read and discussed each the week, guided by questions posed by the instructor. The grade for the course will be based on these analyses (50%) and a circa 3500-word research paper (50%). During the last three weeks, students will make 15-minute presentations in class on their research topic, based on a preliminary draft of the paper. Active participation in class discussions may raise the final grade; unexcused absences may lower it.
Books:
Robert Lingat, Classical Law of India (U. Cal. P., 1974).
Donald R. Davis, Jr., The Boundaries of Hindu Law