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Buddhism and Law
As the first comprehensive study of Buddhism and law in Asia, this interdisciplinary volume challenges the concept of Buddhism as an apolitical religion without implications for law. Buddhism and Law draws on the expertise of the foremost scholars in Buddhist studies and in law to trace the legal aspects of the religion from the time of the Buddha to the present. In some cases, Buddhism provided the crucial architecture for legal ideologies and secular law codes, while in other cases it had to contend with a pre-existing legal system, to which it added a new layer of complexity. The wide-ranging studies in this book reveal a diversity of relationships between Buddhist monastic codes and secular legal systems in terms of substantive rules, factoring, and ritual practices. This volume will be an essential resource for all students and teachers in Buddhist studies, law and religion, and comparative law.
Buddhism, Politics and the Limits of Law
Examining Sri Lanka's religious and legal pasts, this is the first extended study of Buddhism and constitutional law.
Thai Law, Buddhist Law
The Thai people have had a written legal code for at least 500, and possibly 1000 years. This book details that traditional code and its regional variants, prior to its recasting into Western form in 1880.
The Golden Yoke
The Golden Yoke is a remarkable achievement. It is the first elaboration of the legal, cultural, and ideological dimensions of precommunist Tibetan jurisprudence, a unique legal system that maintains its secularism within a thoroughly Buddhist setting. Layer by layer, Rebecca Redwood French reconstructs the daily operation of law in Tibet before the Chinese invasion in 1959. In the Tibetans' own words, French identifies their courts, symbols, and personnel and traces the procedures for petitioning and filing documents. There are stories here from judges, legal conciliators, and lay people about murder, property disputes, and divorce. French shows that Tibetan law is deeply embedded in its Bu...
Foucault, Buddhism and Disciplinary Rules
This book suggests that previous critiques of the rules of Buddhist monks (Vinaya) may now be reconsidered in order to deal with some of the assumptions concerning the legal nature of these rules and to provide a focus on how Vinaya texts may have actually operated in practice. Malcolm Voyce utilizes the work of Foucault and his notions of 'power' and 'subjectivity' in three ways. First, he examines The Buddha's role as a lawmaker to show how Buddhist texts were a form of lawmaking that had a diffused and lateral conception of authority. While lawmakers in some religious groups may be seen as authoritative, in the sense that leaders or founders were coercive or charismatic, the Buddhist conc...
The Great Compassion
Buddhism ought to be an animal rights religion par excellence. It has long held that all life forms are sacred and considers kindness and compassion the highest virtues. Moreover, Buddhism explicitly includes animals in its moral universe. Buddhist rules of conduct--including the first precept, "Do not kill"--apply to our treatment of animals as well as to our treatment of other human beings. Consequently, we would expect Buddhism to oppose all forms of animal exploitation, and there is, in fact, wide agreement that most forms of animal exploitation are contrary to Buddhist teaching. Yet many Buddhists eat meat--although many do not--and monks, priests, and scholars sometimes defend meat-eat...
Nation, Constitutionalism and Buddhism in Sri Lanka
Nation, Constitutionalism and Buddhism in Sri Lanka offers a new perspective on contemporary debates about Sinhalese Buddhist nationalism in Sri Lanka. In this book de Silva Wijeyeratne argues forcefully that ‘Sinhalese Buddhism’ in the period prior to its engagement with the British colonial State signified a relatively unbounded (although at times boundary forming) set of practices that facilitated both the inclusion and exclusion of non-‘Buddhist’ concepts and people within a particular cosmological frame. Juxtaposing the premodern against the backdrop of colonial modernity, de Silva Wijeyeratne tells us that in contrast modern 'Sinhalese Buddhism/nationalism' is a much more reifi...
