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A Logical Approach to Law.

A Logical Approach to Law.

Paperback

Philosophy

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ISBN10: 1244761729
ISBN13: 9781244761728
Publisher: Proquest Umi Dissertation Pub
Pages: 354
Weight: 1.55
Height: 0.92 Width: 7.99 Depth: 10.00
Language: English
This dissertation examines efforts by scholars of the Sanskrit discipline of nyaya (logic and epistemology) to achieve a correct understanding of property and ownership and to analyze correctly complex legal matters in which both concepts play a significant role. In particular, it begins with the creation of a space in nyaya for such efforts by the 14th c. naiyayika (scholar of nyaya), Vardhamana Upadhyaya, and then follows the steady evolution of those efforts through the work of subsequent naiyayika-s, such as Vacaspati Misra II, Samkara Misra, Bhagiratha Thakkura, Raghunatha Siromani, Ramabhadra Sarvabhauma, Raghudeva Nyayalamkara, Jayarama Nyayapancanana, Yasovijaya Upadhyaya, and the author of the anonymous Svatvarahasya, before concluding with the final contributions of the 17th-18th c. naiyayika, Gokulanatha Upadhyaya. The aforementioned scholars were among the very best of the naiyayika-s writing in the period following Gangesa's landmark Tattvacintamani. They made a conscious decision to use nyaya to resolve a continuing dispute about the essence of property and ownership both because of the perceived difficulty of such an endeavor, and because they believed that nyaya could resolve an otherwise intractable problem. The eventual expansion of the scope of their work on property and ownership to include analyses of such related subjects as inheritance, gift, and debt indicates that they believed more generally that law was a proper subject to which nyaya could be applied. Although the naiyayika-s were writing in a distinct social and cultural milieu, their searching inquiries into the basic principles underlying legal rules remain relevant to lawyers today.

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