The Hindu Legal

Philosophy
Lopez, Gino Paulo A., JD-1
Legal Philosophy
Atty. Escolin
October 8, 2014
By
On Oriental Legal Philosophy

1
A BRIEF BACKGROUND ON HINDUISM
Hindus hold that the cosmos is populated by numerous deities
and spiritual beings gods and goddesses, or devas who
actively influence the world and who interact with humans.
Hinduism emphasizes that everyone actually worships the same
God, whether one knows it or not.

Just as Hindus worshiping
Ganesh is seen as valid by those worshiping Vishnu, so someone
worshiping Jesus or Allah is accepted. Many foreign deities become
assimilated into Hinduism, and some Hindus may sometimes
offer prayers to Jesus along with their traditional forms of God
Hence, Hindus have no difficulties in accepting other religions.

HINDU LAW, THE DEFINING FEATURE OF
HINDUISM
Hindu law is the one defining what Hinduism is because of the
concept of Dharna in Hinduism which possesses two macro
forms; first is Dharna as a duty which is perceived in a religious
context; and second is Dharna as a law which is in a legal context.

HINDU LAW & LEGAL PLURALISM
Legal Pluralism is the amalgamation of different components of
society, which are customs, religion, morality and the lawyers law.
Hence the result is what we call a living law. This living law
therefore becomes the most ideal law that can attend to every
single legal needs of the people.
According to Menski, Hindu Law is the most plural law in the
world, because of its inherent plural nature. Going back to

2
Hinduism, we said that it is naturally pluralistic and since what
defines Hinduism is the Hindu Law, it then coincides with its
description as a plural law.

HINDU LAW AS A PLURAL LEGAL SYSTEM

The above illustration shows the plural nature of Hindu Legal
System. All laws originate from the Macrocosmic Order in the
Universe (composed of different realities in society) which are
then translated into specific duties and laws (such as ritual
purification, personal hygiene regimens, and modes of dress) and (court
procedures, contract law, inheritance, and other "legal" issues.)



3
TWO MAIN FEATURES OF HINDU LAW
1. Unlimited Diversity - Covers a large variety of different legal
systems
2. Unlimited Flexibility- Legal decisions depend on social realities
and values
Hindu law takes account of the social realities and values and
rejects the distinction between the legal and the non-legal or
extra-legal. There are no more distinctions because everything is
covered in the legal system. Hence, religion, customs and morality
are integral parts of the Hindu law.

HINDU PLURALISM VS. POSITIVIST THEORY


CONCLUSION
It is now being realized in South Asia that reliance on legal
positivism cannot provide meaningful justice to all people. Justice,
per se, is a situation-sensitive and culture-specific matter. Hindu
Legal System, plural in nature, provides a perfect example on how
to bestow Justice, not just to a particular group of people, but to
all. (Menski, 2003)