Eternality and Fluidity of Dharma in the Dharmaśāstra Tradition: A Case Study of Women’s Personhood from Manusmṛti to Manubhāṣya

This dissertation aims to re-evaluate the prevailing perception of dharma as presented in the Dharmaśāstra as a static and immutable socio-religious law. It contends that the Dharmaśāstra tradition may be more accurately understood as a dynamic intellectual system that has a demonstrable capacity for adaptation over time. This study investigates the concept of women's dharma (strīdharma) in the Mānavadharmaśāstra/Manusmṛti (MDh) and its commentary, the Manubhāṣya (MnBh) by Medhātithi, as a case study to examine whether change is introduced into the Dharmaśāstra and, if so, how such change is assimilated. The main approach involves a detailed analysis of the MnBh, categorising interpretations into different layers and pinpointing those that lack precedent within the established tradition. These unique interpretations are then contextualised by comparing them with historical evidence from Medhātithi’s likely time period and region. The theory of personhood is also employed to accurately conceptualise dharma as a social category-based code of conduct, enabling its connection to the historical role and status of socio-legal groups, such as women. The findings indicate that Dharmaśāstra texts, especially commentaries, employed various mechanisms to bridge the gap between the 'eternality' of the so-called divine code of conduct (dharma) and the demands of changing socio-economic and real-world conditions by adapting it into a more pragmatic system of law where feasible. The study of women's personhood in the MnBh reveals that Medhātithi employs established mechanisms to incorporate contemporary understandings of women's social and legal positions into the existing framework of strīdharma. This process was not an abrupt break but a subtle intellectual effort to account for conduct that occurred in real historical contexts, utilising the idiom of the tradition itself. Ultimately, this dissertation aims to show that the history of the Dharmaśāstra may be characterised by intellectual dynamism and interpretive ingenuity. By exploring the tradition's capacity for internal reform through a context-sensitive approach informed by historical evidence, this study aims to contribute to a more nuanced understanding of non-Western historical legal systems, potentially fostering a more inclusive and pluralistic perspective on global legal history.

Name dc:type.qualificationname

Doctor of Philosophy (PhD)

Level dc:type.qualificationlevel

Doctoral

Grantor dc:publisher.institution

University of Cambridge

Year dc:date.issued

2025

Author dc:creator

• Chebrol, Madhulika

Advisor dc:contributor.advisor

• Vergiani, Vincenzo

• dharmaśāstra
• dharma
• Manubhāṣya
• Medhātithi
• Indian legal history
• personhood
• women

Licence

• https://www.repository.cam.ac.uk/bitstreams/54e51c8e-3cff-4d62-92e8-6016a522e497/download
• http://purl.org/NET/rdflicense/allrightsreserved

Language dc:language

eng

Author Identifier

0009-0000-9882-606X

OAI identifier oai:identifier

oai:www.repository.cam.ac.uk:1810/395191