This monograph outlines the core principles of equity and trusts in Sanskrit jurisprudence (Dharmaśāstra) and traces their application in the practical legal administration of religious and charitable endowments throughout Indian history. Dharmaśāstra describes phenomena that, in Anglo-American jurisprudence, are associated with courts of equity: the management of religious and charitable trusts; and the guardianship of those who lack legal capacity. Drawing on Sanskrit jurisprudential and philosophical texts, ancient inscriptions, Persian legal documents, colonial-era law reports, and contemporary case law, Equity and Trusts in Sanskrit Jurisprudence demonstrates that India's rulers have drawn on rich and venerable Sanskrit jurisprudential principles of equity and trusts in their efforts to regulate religious and charitable endowments. This book presents the history of India as a history of trusts, revealing how the contemporary law of Hindu religious endowments is subtended by a rich mélange of Sanskritic, Persianate, British, and constitutional jurisprudential principles.

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This monograph outlines the core principles of equity and trusts in Sanskrit jurisprudence (Dharmaśāstra) and traces their application in the practical legal administration of religious endowments throughout Indian history, rendering the abstruse law of Hindu religious endowments accessible.
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  • List of Maps, Figures and Tables

  • Table of Cases

  • Glossaries

  • Acknowledgements

  • Introduction

  • 1: The Sanskrit Jurisprudence of Equity and Trusts

  • 2: Equity and Trusts in Classical Indian Legal History

  • 3: Hindu Temple Trusts in Islamic India

  • 4: Equity and Trusts in Anglo-Hindu Jurisprudence

  • 5: The Supreme Court of India and Hindu Religious Endowments

  • 6: Conclusion: Hindu Deities in the 21st Century Global Order

  • Bibliography

  • Index

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Christopher T. Fleming studied Sanskrit at Balliol College, Oxford (DPhil, 2018) and taught at the University of Southern California before returning to Oxford University as a British Academy Postdoctoral Fellow and as the Bowra Junior Research Fellow at Wadham College. His publications include a monograph, Ownership and Inheritance in Sanskrit Jurisprudence (OUP, 2020) and a co-edited volume, Science and Society in the Sanskrit World (Brill, 2023). Currently, Fleming is a student at the Faculty of Law and an associate member of the Faculty of Asian and Middle Eastern Studies at the University of Oxford.
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Analyses colonial and contemporary case law concerning Hindu religious and charitable trusts Enables judges and lawyers to understand and to adjudicate disputes involving the Hindu law of religious and charitable trusts Translates Sanskrit legal texts and inscriptions concerning trusts, making complex Sanskrit accesible Organizes lists of core Sanskrit jurisprudential principles and themes, rendering a very difficult area of law accessible to non-specialists An Open Access title available under the terms of CC BY-NC-ND 4.0 International licence
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Produktdetaljer

ISBN
9780197267875
Publisert
2025-03-27
Utgiver
Oxford University Press
Vekt
914 gr
Høyde
240 mm
Bredde
160 mm
Dybde
30 mm
Aldersnivå
UP, 05
Språk
Product language
Engelsk
Format
Product format
Innbundet

Biografisk notat

Christopher T. Fleming studied Sanskrit at Balliol College, Oxford (DPhil, 2018) and taught at the University of Southern California before returning to Oxford University as a British Academy Postdoctoral Fellow and as the Bowra Junior Research Fellow at Wadham College. His publications include a monograph, Ownership and Inheritance in Sanskrit Jurisprudence (OUP, 2020) and a co-edited volume, Science and Society in the Sanskrit World (Brill, 2023). Currently, Fleming is a student at the Faculty of Law and an associate member of the Faculty of Asian and Middle Eastern Studies at the University of Oxford.