| Dharma In Practice: ācāra And Authority In Medieval Dharmaśāstra (2004) | |||||||||||||
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| DONALD DAVIS DHARMA PRACTICE ACARA AND AUTHORITY MEDIEVAL DHARMASASTRA That dharma the Dharmas astra was derived historical sense not from the Vedic literature but from custom has long been accepted the clearest exposition this thesis Lariviere writes the whole the dharma corpus can viewed record custom also included the present volume important distinction must preserved here between dharma and Dharmas stra for the former concept and idea while the latter series textual ections that concept Dharmas stra that derives its substance primarily from what Lariviere and others call custom For dharma contrast custom only one its sources Custom ambiguous translation for the Sanskrit term acara one the three principal sources dharma along with ruti and smrti the Vedas and Dharmas stra texts themselves The uncertainty about the denotation custom stems from vacillation between custom norm and custom behavior see Lariviere Wezler and from lack critical ection the possible erences between custom and customary law Both Lariviere and Wezler presuppose the nature custom without due ection the ambiguities the term The purpose this paper extend their arguments examining the nature acara itself and its relation the authority dharma The ambiguity custom English deeply embedded AngloAmerican jurisprudence which custom also called the Common Law has from the times Blackstone and his predecessors been considered the truly great source law authority contradistinction the modern legislations parliame. http://deepblue.lib.umich.edu/bitstream/2027.42/42941/1/10781_2004_Article_8651.pdf | |||||||||||||
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