Dharma and &quot;the Law&quot;: Postcolonial Readings of the Manusmrti

This thesis researches a Sanskrit law code called the Manusmrti or Manava Dharmasastra, translated in English as "The Laws of Manu". Through a critical analysis of the translations and interpretations of Indologists Wendy Doniger and Patrick Olivelle, it will be argued that the current interpretations of the Manusmrti are starkly Western and prove a continuation of a discourse initiated in British colonial India. This discourse entails a framework of Western law and law code. The Manusmrti, however, is concerned with the Sanskrit concept of "dharma". With the help of the translation theories of Walter Benjamin and Jacques Derrida it will be argued that "dharma" is a concept very distinct from the Western "law" and proves untranslatable. Furthermore, this thesis proposes a reading for the Manusmrti different from the current Western framework of law. The proposed new interpretation is based upon the concept of "aphorism" as described by Friedrich Nietzsche. To elucidate the...Show moreThis thesis researches a Sanskrit law code called the Manusmrti or Manava Dharmasastra, translated in English as "The Laws of Manu". Through a critical analysis of the translations and interpretations of Indologists Wendy Doniger and Patrick Olivelle, it will be argued that the current interpretations of the Manusmrti are starkly Western and prove a continuation of a discourse initiated in British colonial India. This discourse entails a framework of Western law and law code. The Manusmrti, however, is concerned with the Sanskrit concept of "dharma". With the help of the translation theories of Walter Benjamin and Jacques Derrida it will be argued that "dharma" is a concept very distinct from the Western "law" and proves untranslatable. Furthermore, this thesis proposes a reading for the Manusmrti different from the current Western framework of law. The proposed new interpretation is based upon the concept of "aphorism" as described by Friedrich Nietzsche. To elucidate the differences in philosophy between the current interpretations and the interpretation proposed in this thesis, the theories of Gilles Deleuze and Benedictus Spinoza will be deployed. Their ideas will help to show that the proposed interpretation will ultimately entail another, more productive world-view for the Manusmrti and the conceptualisation of its key term "dharma".Show less

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Dharma and "the Law": Postcolonial Readings of the Manusmrti