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Buddhist Law in Burma - A History of Dhammasattha Texts and Jurisprudence, 1250-1850 (Hardcover)
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Buddhist Law in Burma - A History of Dhammasattha Texts and Jurisprudence, 1250-1850 (Hardcover)
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Burma and neighboring areas of Southeast Asia comprise the only
region of the world to have developed a written corpus of Buddhist
law claiming jurisdiction over all members of society. Yet in
contrast with the extensive scholarship on Islamic and Hindu law,
this tradition of Buddhist law has been largely overlooked. In
fact, it is commonplace to read that Buddhism gave rise to no law
aside from the vinaya, or monastic law. In Buddhist Law in Burma,
D. Christian Lammerts upends this misperception and provides an
intellectual and literary history of the dynamic jurisprudence of
the dhammasattha legal genre between the thirteenth and nineteenth
centuries. Based on a critical study of hundreds of little-known
surviving dhammasattha and related manuscripts, Buddhist Law in
Burma demonstrates the centrality of law as a crucial discipline of
Buddhist knowledge in precolonial Southeast Asia. Composed by lay
and monastic jurists in prose and verse, in Pali, Burmese, and
other regional vernaculars, dhammasattha were intended for use by
judges to guide the adjudication of legal disputes. Lammerts argues
that there were multiple, sometimes contentious, modes of reckoning
Buddhist jurisprudence and legal authority in the region and
assesses these in the context of local cultural, textual, and
ritual practices. Over time the foundational jurisprudence of the
genre underwent considerable reformulation in light of arguments
raised by its critics, bibliographers, and historians, resulting in
a reorientation from a cosmological to a more positivist conception
of Buddhist law and legislation that had far-reaching implications
for innovative forms of dhammasattha-related discourse on the eve
of British colonialism. Buddhist Law in Burma shows how, despite
such textual and theoretical transformations, late precolonial
Burmese jurists continued to promote and justify the dhammasattha
genre, and the role of law generally in Buddhism, as a vital aspect
of the ongoing effort to protect and preserve the sasana of Gotama
Buddha. The book will be of value to students and scholars
interested in the rich legal, intellectual, and cultural histories
of Buddhism in Burma and Southeast Asia, or in the historical
intersections of law and Buddhism.
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