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The Sublime Codes of Manu: Law and Eighteenth Century Orientalism

Published online by Cambridge University Press:  06 March 2019

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The first disquisition given to the concept of the sublime, written by the anonymous Greek Pseudo-Longinus, famously mourns the passing of the pagan relationship between gods and men. In his essay on the work of Pseudo-Longinus, the French poet Michel Deguy states that “the question of the sublime was doubtless first of all an attempt to measure the decline of the Orient, to measure the author's distance from the time of gods and heroes.” For Deguy, the Longinian tradition of emphasising the sublime as a key feature of rhetoric must be regarded as an attempt to establish some hope of a truly exalted discourse at a time in which man moves further and further away from his sacred relationship to the highest of origins. Such nostalgia obviously colours every cycle of secularisation; from paganism to Christianity to modernity and beyond. If each period of secularisation generates a more worldly state of affairs, or flatter discourses, it also produces a Longinian longing for a more vertical axis to explain our mortality.

Type
Research Article
Copyright
Copyright © 2008 by German Law Journal GbR 

References

1 Pseudo-Longinus, Of the Sublime, http://classicpersuasion.org/pw/longinus/.Google Scholar

2 Deguy, Michel, The Discourse of Exaltation, in Of the Sublime: Presence in Question 6 (Jeffrey Librett ed., 1993).Google Scholar

3 Edward Said, Orientalism; Western Concepts of the Orient (1995).Google Scholar

4 Nathaniel Halhed, A Code of Gentoo Laws, or the Ordinations of the Pundits, at ix (1776).Google Scholar

5 John Drew, India and the Romantic Imagination 199 (1998).Google Scholar

6 Jones, William, On the Divine Inspiration of the Jewish Scriptures, in Memoirs of the Life, Writings and Correspondence of Sir William Jones 280-281 (John Shore (Lord Teighnmouth) ed., 1804). See also, 3 Jones, William, Ninth Discourse on the Origin and Families of Nations, 1792, in The Works of Sir William Jones in 13 Volumes 176. It is interesting to note the range of 18th century English works suggesting the influence of Brahminism on ancient religious life in Britain. For a discussion see Drew, supra note 5, at 50-51.Google Scholar

7 Voltaire, Collected Works (John Lane at the Bodley Head ed., 1926).Google Scholar

8 Michael J. Franklin, Sir William Jones (1995).Google Scholar

9 William Jones, Grammar of the Persian Language (1771).Google Scholar

10 William Jones, Poems, consisting chiefly of Translations from the Arabic Languages (1772).Google Scholar

11 Franklin, supra note 8. Franklin does suggest, however, that William Jones may have also initiated the society of the “Druids of Cardigan.”Google Scholar

12 1 William Jones, The Letters of Sir William Jones 362 (Garland Cannon ed., 1970) (Letter to Viscount Althrop); Id. at 449 (stating “By rising before the sun, I allot an hour every day to Sanscrit, and am charmed with knowing so beautiful a sister of Latin and Greek” in a Letter to John Macpherson).Google Scholar

13 1 Jones, supra note 12, at 464 (Letter to Earl Spencer). The lines are infact Jones's translation of a stanza from a Sanskrit poem.Google Scholar

14 1 Jones, supra note 12, at 391 (Letter to Charles Wilkins).Google Scholar

15 1 William Jones, Second Anniversary Discourse, in Asiatic Researches 22 (1784).Google Scholar

16 1 Jones, supra note 12, at 382 (Letter to Patrick Russel).Google Scholar

17 1 William Jones, Presidential Address, in Asiatic Researches 221 (1784).Google Scholar

18 For a fuller overview of the range of Jones's research interests, see Franklin, supra note 8.Google Scholar

19 On Jones's contribution to philology, see Garland Cannon, The Life and Mind of Oriental Jones: Sir William Jones Father of Modern Linguistics (1991).Google Scholar

20 Thomas de Quincey, Speculations Literary and Philosophic 236 (1862).Google Scholar

21 Anthony Pagden, Lords of all the World: Ideologies of Empire in Spain, Britain and France, c.1500-c.1800, at 19 (1998) (citing Polybius).Google Scholar

22 3 Jones, William, A Discourse on the Institution of a Society, for Inquiring into the History, Civil and Natural, the Antiquities, Arts, Sciences, Literature of Asia, by the President, 1784, in The Works of Sir William Jones in 13 Volumes, supra note 6, at 2.Google Scholar

23 1 Jones, , supra note 12, at 445 (Letter to Robert Orme).Google Scholar

24 1 Jones, William, Third Anniversary Discourse, in Asiatic Researches 41 (1784).Google Scholar

25 William Hodges, Travels in India During the Years 1780, 1781, 1782 and 1783 (1794).Google Scholar

26 1 Jones, , supra note 13 at 221.Google Scholar

27 See Michael Edwards, British India 1772-1947 (1999) (for an overview of this argument generally).Google Scholar

28 See Piyel Haldar, Law, Orientalism and Postcolonialism (2007) (for further analysis).Google Scholar

29 6 Jones, William, Hymn to Ganges, in The Works of Sir William Jones in 13 Volumes, supra at 383. See Tejaswini Niranjana, Siting Translation: History, Poststructuralism, and the Colonial Context 19 (1992) (for a different analysis of the Hymn to Ganges).Google Scholar

30 6 Jones, William, Ode to Surya, in The Works of Sir William Jones in 13 Volumes, at 383.Google Scholar

31 In the field of literature obvious examples would include Byron, Shelley, Moore and Coleridge. In philosophy, the most notable and direct influence of the Indian sublime is evident in the works of Goethe, Herder and Schlegel. See Rudd, Andrew, Romantic Period Writing and India, in 1 Literature Compass 1, at 1-5 (2004) (for further commentary on these authors).CrossRefGoogle Scholar

32 2 Jones, William, Preface to the Institutes of Hindu Law; or the Ordinances of Menu according to the Gloss of Culluca comprising the Indian System of Duties, Religious and Civil, in The Works of Sir William Jones in 13 Volumes, at 91.Google Scholar

33 1 Jones, , supra note 12, at 93 (Letter to Henry Albert Schultens).Google Scholar

34 2 Jones, , supra note 32, at 76.Google Scholar

35 1 Jones, , supra note 12, at 447 (Letter to C.W. Boughton Rouse).Google Scholar

36 William Jones, The Institutes of Hindu Law; or the Ordinances of Menu according to the Gloss of Culluca comprising the Indian System of Duties, Religious and Civil (1825).Google Scholar

37 3 Jones, William, On the Gods of Greece, Italy and India, 1784, in The Works of Sir William Jones in 13 Volumes, at 344.Google Scholar

38 2 Jones, , supra note 32, at 76.CrossRefGoogle Scholar

39 Id. at 78.Google Scholar

40 Id. 76-7.Google Scholar

41 1 Jones, William, Best Practicable System of Judicature, in The Letters of Sir William Jones 387 (1970) (Letter to Edmund Burke).Google Scholar

43 1 Jones, , supra note 12, at 447 (Letter to CW Boughton Rouse). It is pertinent, in this context, that Boughton Rouse was then secretary to the Board of Control for India.Google Scholar

44 1 Jones, , supra note 41.Google Scholar

45 See Peter Goodrich, Reading the Law; A Critical Introduction to Legal Method and Legal Technique (1986).Google Scholar

46 Peter Goodrich, Languages of Law; From Logics of Memory to Nomadic Masks 212 (1990). Quoting from Sir John Fortesque, De Laudibus Legum Anglicae (1773 ed.), Sir John Fortesque remarks “I am convinced that our laws of England eminently excel, beyond the laws of all other countries.” Sir John Fortesque derived this from Calvin's Case, 7 Coke Report 1a, 77 ER 377 (1608).Google Scholar

47 Halhed, , supra note 4.Google Scholar

48 2 James Forbes, Oriental Memoirs: a Narrative of Seventeen Years Residence in India 317 (1834).Google Scholar

49 1 Jones, supra note 41.Google Scholar

51 1 Jones, supra note 12, at 485 (Letter to the Marquis of Cornwall).Google Scholar

52 1 Jones, supra note 12, at 558 (Letter to 2nd Earl Spencer). Consider, too, his remark that the “three excellent things, which the ancients feigned to be the daughters of their supreme God, a good system of laws, a just administration of them, and a long peace will render this country a source of infinite advantage to Great Britain.” 1 Jones, supra note 12, at 397 (Letter to William Pitt the Younger).Google Scholar

53 1 Jones, supra note 12, at 443 (Letter to Patrick Russell).Google Scholar

54 Spivak, Gayatri Chakravorty, Translator's Preface, in Jacques Derrida, Of Grammatology (Gayatri Chakrovarty Spivak tr., 1976).Google Scholar

55 Strawson, John, Islamic Law and English Texts, 6 Law and Critique 21, 33 (1995).Google Scholar

56 2 Forbes, supra at 318.Google Scholar

57 2 Jones, supra note 32, at 75.Google Scholar

58 See generally Daniel J. Boorstin, The Mysterious Science of the Law: An Essay on Blackstone's Commentaries (1996).Google Scholar

59 1 Jones, supra note 12, at 383 (Letter to Earl Spencer).Google Scholar

60 1 Jones, supra note 12, at 440 (Letter to Patrick Russell). See also 1 Jones, supra note 12, at 464 (Letter to Earl Spencer where Jones describes Menu as “the first created man, many millions of years old.”).Google Scholar

61 Boorstin, supra note 58, at p45.Google Scholar

62 William Jones, An Essay on the Law of Bailments 173 (1998).Google Scholar

63 1 Jones, supra note 12, at 485 (Letter to Lord Cornwall).Google Scholar

64 Boorstin, supra note 58, at 44.Google Scholar

65 3 William Jones, Second Anniversary Discourse 1785, in The Works of Sir William Jones in 13 Volumes 42-44.Google Scholar

66 3 William Jones, Charge to the Grand Jury 1785, in The Works of Sir William Jones in 13 Volumes 3.Google Scholar

67 1 Jones, supra note 12, at 516 (Letter to John Shore). The text Jones refers to is “of law there can be no less acknowledged, than that her seat is the bosom of God, her voice the harmony of the world.” Richard Hooker, Of the Laws of Ecclesiastical Polity, in 1 Jones, supra note 12, at 835-836.Google Scholar

68 Edmund Burke, A Philosophical Enquiry into the Origin of Our Ideas of the Sublime and Beautiful 69 (1844).Google Scholar

69 Jean-Luc Nancy, The Sublime Offering, in Of the Sublime: Presence in Question 52 (Jeffrey Librett ed., 1993).Google Scholar

70 Burke, , supra note 68, at 65.Google Scholar

71 3 Jones, , supra note 66, at 20.Google Scholar

72 Freidrich Nietzsche, The Anti-Christ (Thomas Common, tr., 1930). See Adam Gearey, The Fourth Book of the Legislator: Neitzsche and John Neville Figgis, in Nietzsche and Legal Theory; Half Written Laws 165-185 (Peter Goodrich & Mariane Valverde eds., 2005) (for a pertinent analysis).Google Scholar

73 Id. at 56. See Wendy Doniger, The Laws of Manu, at xv (1991) (for comment).Google Scholar

74 1 Jones, supra note 12, at 93 (Letter to Henry Albert Schultens).Google Scholar

75 1 Jones, supra note 12, at 268 (Letter to Viscount Althrop).Google Scholar

76 3 Jones, supra note 66, at 20.Google Scholar

78 Grosrichard, Alain, The Sultan's Court, European Fantasies of the East 92-93 (Liz Heron tr., 1998).Google Scholar

79 1 Jones, , supra note 12, at 383 (Letter to Earl Spencer).Google Scholar

83 1 Jones, supra note 12, at 483 (Letter to Henry Dundas).Google Scholar

84 2 Jones, supra note 32, at 84.Google Scholar

85 1 Jones, supra note 12, at 409 (Letter to John Macpherson).Google Scholar

87 Pierre Legendre & Peter Goodrich, Law and the Unconscious; A Legendre Reader 262 (Peter Goodrich, Alain Pottage & Anton Schutz trs., 1997).Google Scholar

88 3 William Jones, Ninth Discourse on the Origin and Families of Nations, 1792, in The Works of Sir William Jones in 13 Volumes, supra at 62.Google Scholar

89 James Beattie, Treatise 1783, quoted in Sue Chaplin, How the Sublime Comes to Matter in Eighteenth Century Legal Discourse – An Irigarayan Critique of Hobbes, Locke and Burke, 9 Feminist Legal Studies 204 (No. 3 2001).Google Scholar

90 According to Jones, the “laws of the ancient legislator are obscure when detached, yet clear when connected.” 1 Jones, supra note 12, at 584 (Letter to Edward Hay). It is precisely this process of finding connections that rationalises the Oriental sublime spirit of Oriental law.Google Scholar