Abstract

The Hindu law tradition grounds its social ethics on an ideological hierarchy of class or caste known as varṇa. The positive inculcation of this hierarchy is bolstered by a fear of social inversion, known as pratiloma, in every area of law and society. Through an examination of the concept of pratiloma, this article contends first that the central Hindu law principle of dharma, religious and legal duty, depends upon knowing and abiding by one’s place in society. From this Hindu articulation of social rank as the foundation of ethics, the article then draws a comparison between classical Anglo-American conservatism and Hindu law to suggest that conservative traditions in general base moral action on social station and the fear of breaking social rank. Ethics in Hindu law, therefore, are derived from an acceptance of social station within the varṇa hierarchy and the constant cultivation of local expectations of proper behavior according to social position.

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