{"title":"Navya-Nyāya以及Maithila和Gauḍa法理学学派","authors":"Christopher T. Fleming","doi":"10.1093/OSO/9780198852377.003.0003","DOIUrl":null,"url":null,"abstract":"This chapter examines two schools of Jurisprudence that emerged in eastern India between the fourteenth and the sixteenth centuries CE: that of Mithilā (Maithila/Miśra) and Bengal (Gauḍa). These schools of jurisprudence, in contrast to the school of thought that developed around Vijñāneśvara’s Ṛjumitākṣarā, were neither strictly academic nor pan-Indian. Rather, they were deeply regional (in interest, influence, and self-identification), isolated almost completely from Vijñāneśvara’s Mitākṣarā and its Mīmāṃsā-derived theories of ownership, highly competitive (particularly in Bengal), and influenced by Navya-Nyāya philosophical debates about ownership. The core legal and philosophical ideas analysed are ownership-by-the-death-of-the-previous-owner (uparamasvatva) and ownership as a śāstric (śāstraikasamadhigamya) phenomenon respectively.","PeriodicalId":363253,"journal":{"name":"Ownership and Inheritance in Sanskrit Jurisprudence","volume":"22 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2020-12-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Navya-Nyāya and the Maithila and Gauḍa Schools of Jurisprudence\",\"authors\":\"Christopher T. Fleming\",\"doi\":\"10.1093/OSO/9780198852377.003.0003\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"This chapter examines two schools of Jurisprudence that emerged in eastern India between the fourteenth and the sixteenth centuries CE: that of Mithilā (Maithila/Miśra) and Bengal (Gauḍa). These schools of jurisprudence, in contrast to the school of thought that developed around Vijñāneśvara’s Ṛjumitākṣarā, were neither strictly academic nor pan-Indian. Rather, they were deeply regional (in interest, influence, and self-identification), isolated almost completely from Vijñāneśvara’s Mitākṣarā and its Mīmāṃsā-derived theories of ownership, highly competitive (particularly in Bengal), and influenced by Navya-Nyāya philosophical debates about ownership. The core legal and philosophical ideas analysed are ownership-by-the-death-of-the-previous-owner (uparamasvatva) and ownership as a śāstric (śāstraikasamadhigamya) phenomenon respectively.\",\"PeriodicalId\":363253,\"journal\":{\"name\":\"Ownership and Inheritance in Sanskrit Jurisprudence\",\"volume\":\"22 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2020-12-17\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Ownership and Inheritance in Sanskrit Jurisprudence\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1093/OSO/9780198852377.003.0003\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Ownership and Inheritance in Sanskrit Jurisprudence","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1093/OSO/9780198852377.003.0003","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
Navya-Nyāya and the Maithila and Gauḍa Schools of Jurisprudence
This chapter examines two schools of Jurisprudence that emerged in eastern India between the fourteenth and the sixteenth centuries CE: that of Mithilā (Maithila/Miśra) and Bengal (Gauḍa). These schools of jurisprudence, in contrast to the school of thought that developed around Vijñāneśvara’s Ṛjumitākṣarā, were neither strictly academic nor pan-Indian. Rather, they were deeply regional (in interest, influence, and self-identification), isolated almost completely from Vijñāneśvara’s Mitākṣarā and its Mīmāṃsā-derived theories of ownership, highly competitive (particularly in Bengal), and influenced by Navya-Nyāya philosophical debates about ownership. The core legal and philosophical ideas analysed are ownership-by-the-death-of-the-previous-owner (uparamasvatva) and ownership as a śāstric (śāstraikasamadhigamya) phenomenon respectively.