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Textbook Ebook The Oxford History of Hinduism Hindu Law A New History of Dharmasastra 1St Edition Patrick Olivelle All Chapter PDF
Textbook Ebook The Oxford History of Hinduism Hindu Law A New History of Dharmasastra 1St Edition Patrick Olivelle All Chapter PDF
Edited by
PATRICK OLIVELLE
DONALD R. DAVIS, JR.
1
3
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First Edition published in 2018
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Preface
Given the centrality of Dharmaśāstra in the Hindu tradition for over two
millennia, this is a book that had to be written. Left to our own devices,
however, this is a book that we would never have undertaken. The daunting
task of writing a history of Dharmaśāstra under the shadow of the pioneering
and encyclopedic work of P. V. Kane would have made us hesitate. So, thanks
are due in the first place to Gavin Flood, who, as the general editor of the new
Oxford History of Hinduism, invited us to write this as a volume in the series,
and to Tom Perridge, the editor at Oxford who, along with Gavin, launched
the series.
It was clear from the start that this was a book the two of us could not write
on our own, at least not within stipulated timeframe. Our foremost thanks,
therefore, go to the eighteen colleagues from around the world who generously
agreed to write chapters of this volume, drawing on their own expertise:
Mikael Aktor, Adam Bowles, David Brick, Richard Davis, Ariel Glucklich,
Jonardon Ganeri, Andrea Gutierrez, Maria Heim, Knut Jacobsen, Stephanie
Jamison, Timothy Lubin, Mark McClish, James McHugh, Axel Michaels,
Christian Novetzke, Ludo Rocher, Matthew Sayers, and Gregory Schopen.
They were all busy scholars and teachers, and yet they generously accepted our
invitation and agreed to devote considerable time and energy to this project. It
would not have been possible without their contributions. Our great regret is
that our teacher Ludo Rocher passed away before this volume could be
completed; his contribution on inheritance, in Chapter 12, will stand as a
monument to his vast knowledge of Dharmaśāstra. We thank Rosane Rocher
for her assistance with Ludo’s chapter.
Patrick Olivelle
Donald R. Davis, Jr.
Austin, Texas
March 31, 2017
Table of Contents
List of Abbreviations xi
List of Contributors xv
Series Introduction xix
Introduction 1
Donald R. Davis, Jr.
PART I: HISTORY
1. Social and Literary History of Dharmaśāstra:
The Foundational Texts 15
Patrick Olivelle
2. Social and Literary History of Dharmaśāstra:
Commentaries and Legal Digests 30
Donald R. Davis, Jr. and David Brick
Bibliography 507
Index 541
List of Abbreviations
Charles S. Grossman
Near most houses was a smokehouse in which meat
was cured and often stored for later use.
Charles S. Grossman
Fruits and other goods were stored in barns or sheds,
often located over cool springs.
Edouard E. Exline
Food also was stored in pie safes. The pierced tin
panels allow air into the cabinet but prevent flies from
getting at the food.
Living off the land required both labor and ingenuity. These early
settlers did not mind fishing and hunting for food throughout the
spring, summer, and early fall, but there were also the demands of
farming and livestock raising. They carved out of wood such
essentials as ox yokes and wheat cradles, spinning wheels and
looms. Men patiently rebuilt and repaired anything from a broken
harness to a sagging “shake” roof made of hand-riven shingles.
Children picked quantities of wild berries and bushels of beans in
sun-hot fields and gathered eggs from hidden hen nests in barn lofts
and under bushes. They found firewood for the family, carried water
from the spring, bundled fodder from cane and corn, and stacked
hay for the cattle, horses, mules, and oxen.
Women made sure that the food supply stretched to last through the
winter. They helped salt and cure pork from the hogs that their
husbands slaughtered. They employed a variety of methods to
preserve vital fruits and vegetables. Apples, as well as beans, were
carefully dried in the hot summer or autumn sun; water, added
months later, would restore a tangy flavor. Some foods were pickled
in brine or vinegar.
Women also used sulphur as a preservative, especially with apples.
Called simply “fruit” by the early settlers, apples such as the favorite
Limbertwigs and Milams gave both variety and nutrition to the
pioneer diet. A woman might peel and slice as much as two
dishpans of “fruit” into a huge barrel. She would then lay a pan of
sulphur on top of the apples and light the contents. By covering the
barrel with a clean cloth, she could regulate the right amount of
fumes held inside. The quickly sulfurated apples remained white all
winter and were considered a delicacy by every mountain family.
Food, clothing, shelter, and incessant labor: these essentials formed
only the foundation of a life. Intangible forces hovered at the edges
and demanded
fulfillment. As hardy
and practical as the
physical existence of
the pioneers had to
be, there was
another dimension
to life. The pioneers
were human beings.
Often isolated,
sometimes lonely,
they yearned for the
comforts of myth
and superstition and
religion—and the
roads that led in and
out. The Cherokees
in their time had
created such
comforts; they had
woven their myths
and had laced the
Smokies with a
network of trails.
Now it was the white
man’s turn.
The early settlers of
the Great Smoky
Mountains were not Aiden Stevens
content to remain
only in their hidden In the days before refrigerators,
hollows and on their many methods and kinds of
tiny homesteads. containers were used in preserving
Challenging the and storing foods. Corn meal, dried
mountain ranges beans and other vegetables, and
and the rough sulphured fruits were kept in bins
terrain, they made from hollow black gum logs.
constructed roads.
In the mid-1830s, a project was undertaken to lay out a road across
the crest of the Smokies and connect North Carolina’s Little
Tennessee valley with potential markets in Knoxville, Tennessee.
Although the North Carolina section was never completed, an old
roadbed from Cades Cove to Spence Field is still in existence. When
Julius Gregg established a licensed distillery in Cades Cove and
processed brandy from apples and corn, farmers built a road from
the cove down Tabcat Creek to the vast farmlands along the Little
Tennessee River.
By far the most ambitious road project was the Oconaluftee
Turnpike. In 1832, the North Carolina legislature chartered the
Oconaluftee Turnpike Company. Abraham Enloe, Samuel Sherrill,
John Beck, John Carroll, and Samuel Gibson were commissioners
for the road and were authorized to sell stock and collect tolls. The
road itself was to run from Oconaluftee all the way to the top of the
Smokies at Indian Gap.
Work on the road progressed slowly. Bluffs and cliffs had to be
avoided; such detours lengthened the turnpike considerably.
Sometimes the rock was difficult to remove. Crude blasting—
complete with hand-hammered holes, gunpowder inside hollow
reeds, and fuses of straw or leaves—constituted one quick and sure,
but more expensive, method. Occasionally, the men burned logs
around the rock, then quickly showered it with creek water. When the
rock split from the sudden change in temperature, it could then be
quarried and graded out. Throughout the 1830s, residents of
Oconaluftee and nearby valleys toiled and sweated to lay down this
single roadbed.
This desire and effort to conquer the wilderness also prompted the
establishment of churches and, to a lesser extent, schools. In the
Tennessee Sugarlands, services were held under the trees until a
small building was constructed at the beginning of the 19th century.
The valley built a larger five-cornered Baptist church in 1816.
Prospering Cades Cove established a Methodist church in 1830; its
preacher rode the Little River circuit. Five years later, the church had
40 members.
Over on the Oconaluftee, Ralph Hughes had donated land and Dr.
John Mingus had built a log schoolhouse. Monthly prayer meetings
were held there until the Lufty Baptist Church was officially organized
in 1836. Its 21 charter members included most of the turnpike
commissioners plus the large Mingus family. Five years later, the
members built a log church at Smokemont on land donated by John
Beck.
Nothing fostered these settlers’ early gropings toward community
more than stories. Legends and tall tales, begun in family
conversations and embellished by neighborly rumor, forged a bond,
a unity of interest, a common history, in each valley and on each
meandering branch. For example, in one western North Carolina
tradition that would thrive well into the 20th century, Abraham Enloe
was cited as the real father of Abraham Lincoln. Nancy Hanks, it was
asserted, had worked for a time in the Enloe household and had
become pregnant. Exiled to Kentucky, she married Thomas Lincoln
but gave birth to Abraham’s child.
Stories mingled with superstition. The Cherokees dropped seven
grains into every corn hill and never thinned their crop. Many early
settlers of the Smokies believed that if corn came up missing in
spots, some of the family would die within a year. Just as the
Cherokees forbade counting green melons or stepping across the
vines because “it would make the vines wither,” the Smokies settlers
looked upon certain events as bad omens. A few days before
Richard Reagan’s skull was fractured, a bird flew on the porch where
he sat and came to rest on his head. Reagan himself saw it as a
“death sign.”
Superstition, combined with Indian tradition, led to a strangely exact
form of medicine. One recipe for general aches and pains consisted
of star root, sourwood, rosemary, sawdust, anvil dust, water, and
vinegar. A bad memory required a properly “sticky” tea made of
cocklebur and jimsonweed.
A chief medicinal herb was an unusual wild plant known as ginseng.
Called “sang” in mountain vernacular, its value lay in the manlike
shape of its dual-pronged roots. Oriental cultures treasured ginseng,