Hinduism and Law

Hinduism in India: Modern and Contemporary Movements, edited by Will Sweetman and Aditya Malik (Sage Publications, 2016), pp. 41–68.

28 Pages Posted: 1 Mar 2015 Last revised: 2 Aug 2016

See all articles by Timothy Lubin

Timothy Lubin

Washington and Lee University; Washington and Lee University - School of Law

Date Written: February 26, 2015

Abstract

Beginning with a review of the interaction between religion and law in premodern periods, this essay presents in more detail the complex developments since the seventeenth century up to the present day. This includes the creation of ‘Anglo-Hindu’ law, colonial administration of justice (including the legal treatment of disapproved Hindu practices), and the gradual restriction of Hindu law to matters of family law; legal treatment of Hindus and Hindu institutions under secular law in modern India and Nepal; and Hindu religion under modern secular law outside of South Asia. Throughout, the emphasis is on the fruits of research in the last thirty years or so, especially current developments.

Keywords: South Asia, India, colonial law, colonialism, Hindu law, Anglo-Hindu law, personal law codes, legal pluralism, nationalism

JEL Classification: K10, K40

Suggested Citation

Lubin, Timothy, Hinduism and Law (February 26, 2015). Hinduism in India: Modern and Contemporary Movements, edited by Will Sweetman and Aditya Malik (Sage Publications, 2016), pp. 41–68., Available at SSRN: https://ssrn.com/abstract=2570969

Timothy Lubin (Contact Author)

Washington and Lee University ( email )

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HOME PAGE: http://timothylubin.net/

Washington and Lee University - School of Law ( email )

Lexington, VA 24450
United States
540-458-8146 (Phone)
540-458-8498 (Fax)

HOME PAGE: http://law.wlu.edu/faculty/wandl-affiliated-faculty/timothy-lubin

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