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The texts viewed households and families as the archetype of community, "an exemplary institution of religious and legal reflection of Hindu jurisprudence". [3] Thus, Hindu jurisprudence portrayed the household, not the state, as the primary institution of law. [3] Connectedly, the household is the institution to which Hindu law is most applied.
Mutilation of body parts is a remnant of the ancient Hindu punishment. It was used when an offender caused injuries to the victim. Mutilation was most typically seen as a punishment in cases of theft, robbery, and adultery as a way of making the criminal an example to the public because the mutilated body was a horrifying sight.
The classical texts of Hinduism devote numerous chapters to discussing what people who practice the virtue of ahimsa can and must do when faced with war, violent threat, or the need to sentence someone convicted of a crime. These discussions have led to theories of just war, ideas of reasonable self-defense, and views of proportionate punishment.
Common examples of such use are pitri dharma (meaning a person's duty as a father), putra dharma (a person's duty as a son), raj dharma (a person's duty as a king) and so forth. [29] In Hindu philosophy, justice, social harmony, and happiness requires that people live per dharma. The Dharmashastra is a record of these guidelines and rules. [86]
Hinduism preaches ahimsa (or ahinsa, non-violence), [9] but also teaches that the soul cannot be killed and death is limited only to the physical body, [70] explaining the difficulty in choosing an exact position on capital punishment. [3] Hinduism's belief that life in this world is more of an illusion greatly decreases the religious impact on ...
The Hindu literature on Prayaschitta is extensive, and most commonly found in the Dharma-related literature as well as the Epics and Puranas. [4] [5] The earliest mentions are found in the Vedas, [4] such as in the Brahmana layer of text in the Samaveda. [5] The Smritis of Hinduism do not offer a consistent theory of prāyaścittas. They differ ...
The fundamental meaning of Dharma in Dharmasūtras, states Olivelle is diverse, and includes accepted norms of behavior, procedures within a ritual, moral actions, righteousness and ethical attitudes, civil and criminal law, legal procedures and penance or punishment, and guidelines for proper and productive living.
Classical Hindu law is a category of Hindu law in traditional Hinduism, taken to begin with the transmittance of the Vedas [citation needed] and ending in 1772 with the adoption of "A Plan for the Administration of Justice in Bengal" by the Bengal government.