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Dharmasastra : ウィキペディア英語版 | Dharmaśāstra
Dharmaśāstra ((サンスクリット:धर्मशास्त्र)) is a genre of Sanskrit texts and refers to the ''śāstra'', or Indic branch of learning, pertaining to Hindu ''dharma'', religious and legal duty. The voluminous textual corpus of Dharmaśāstra is primarily a product of the Brahmanical tradition in India and represents the elaborate scholastic system of an expert tradition.〔Patrick Olivelle, ''Manu's Code of Law: A Critical Edition and Translation of the Mānava-Dharmaśāstra'' (New York: Oxford UP, 2005), 64.〕 Because of its sophisticated jurisprudence, Dharmaśāstra was taken by early British colonial administrators to be the law of the land for Hindus in India.〔For a good overview of the British attitudes toward and administration of Hindu law, see J. Duncan M. Derrett, "The Administration of Hindu Law by the British," ''Comparative Studies in Society and History'' 4:1 (1961), pp.10–52.〕 Ever since, Dharmaśāstra has been linked with Hindu law, despite the fact that its contents deal as much or more with religious life as with law. In fact, a separation of religion and law within Dharmaśāstra is artificial and has been repeatedly questioned.〔See, for example, Ludo Rocher, "Hindu Law and Religion: Where to draw the line?" in ''Malik Ram Felicitation Volume'', ed. S.A.J. Zaidi. (New Delhi, 1972), pp.167–194 and Richard W. Lariviere, "Law and Religion in India" in ''Law, Morality, and Religion: Global Perspectives'', ed. Alan Watson (Berkeley: University of California Press), pp.75–94.〕 Others have, however, argued for a distinction of religious and secular law within Dharmaśāstra.〔On this distinction in relation to punishment, see Timothy Lubin, ("Punishment and Expiation: Overlapping Domains in Brahmanical Law," ) ''Indologica Taurinensia'' 33 (2007): 93–122.〕 Dharmaśāstra is important within the Hindu tradition—first, as a source of religious law describing the life of an ideal householder and, second, as symbol of the summation of Hindu knowledge about religion, law and ethics. ==Contents of Dharmaśāstra==
All Dharmaśāstras derive their authority with reference to the Vedas, though few, if any, of the contents of most Dharmaśāstra texts can be directly linked with extant Vedic texts.〔Robert Lingat, ''The Classical Law of India''. trans. J.D.M. Derrett (Berkeley: University of California Press, 1973), 7–8.〕 Traditionally, Dharmaśāstra has, since the time of the ', been divided into three major topics: 1) ''ācāra'', rules pertaining to daily rituals, life-cycle rites, and other duties of four castes or 's, 2) ''vyavahāra'', rules pertaining to the procedures for resolving doubts about ''dharma'' and rules of substantive law categorized according to the standard eighteen titles of Hindu law, and 3) ''prāyaścitta'', rules about expiations and penances for violations of the rules of ''dharma''. Combining the categorization given in the ' with a more descriptive catalog of the contents in Dharmaśāstra texts found in P.V. Kane's'' History of Dharmaśāstra''〔P.V. Kane, ''History of Dharmaśāstra: (ancient and mediaeval, religious and civil law)''. (Poona: Bhandarkar Oriental Research Institute, 1962 – 1975).〕 presents the following list of topics:
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