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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.
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.
The "golden yoke" of Buddhist Tibet was the last medieval legal
system still in existence in the middle of the twentieth century.
This book reconstructs that system as a series of layered
narratives from the memories of people who participated in the
daily operation of law in the houses and courtyards the offices and
courts of Tibet prior to 1959. The practice of law in this unique
legal world, which lacked most of our familiar sign posts, ranged
from the fantastic use of oracles in the search for evidence to the
more mundane presentation of cases in court. Buddhism and law, two
topics rarely intertwined in Western consciousness, are at the
center of this work. The Tibetan legal system was based on Buddhist
philosophy and reflected Buddhist thought in legal practice and
decision making. For Tibetans, law is a cosmology, a kaleidoscopic
patterning of relations which is constantly changing, recycling,
and re-forming even as it integrates the universe and the
individual into a timeless mandalic whole. "The Golden Yoke" causes
us to rethink American legal culture. It argues that in the United
States, legal matters are segregated into a separate space with
rigidly defined categories. The legal cosmology of Buddhist Tibet
brings into question both this autonomous framework and most of the
presumptions we have about the very nature of law from precedent
and "res judicata" to rule formation and closure.
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