Brahman judges in traditional hindu society

Abstract

In theory and in practice, the classical Hindu system of law has been seen as both logical and irrational (Chaudhuri, 1979: 198 and Glucklich, 1984: 143–144) and principled but inconsistent (Glucklich, 1982: 59). The present study attempts to explain the apparent tendency toward inconsistency in Hindu law by examining not the ancient lawbooks of classical law but the practice of customary law built in large part on those texts and administered by Brahman judges. This study is based on accounts of that system provided by Brahman judges and their clients in northern India. Me conclude that complexities in the Hindu legal system reflect Eichinger Ferro‐Luzzi's (1983‐a) polythetic prototype model in which alternates are associated with a dominant form. This model is shown to apply to Hindu concepts and practices regarding duty, sin, judgement, and atonement and may hold promise for interpreting inconsistencies in the administration of justice in the west. © 1985 Hemisphere Publishing Corporation.