Jurisprudence divides legal systems into subjective categories based on cultural and ancient historical origins.
Buddhist Law is the most recent entrant into the category of religious legal tenets, a category that includes Hindu law, Muslim Law, Biblical Law etc.
The growth and development of Buddhist Law as a disciplinary subject has been slow because of the lack of a single unifying religious language or script and Buddhism’s wide cultural dispersal throughout Asia between lay and monastic viewpoints.
Scholars had earlier presumed that Buddhism did not have an obvious relationship to secular legal systems, primarily because of its tolerance to other religious systems and politics. However, more recent studies have now demonstrated that the influence of Buddhism on Law and politico-legal systems has been remarkable and profound.
There are at least four ways in which Buddhism interacts with Law:
First, Buddhism itself incorporates a Monastic Law Code, the “Vinaya”, and special disciplinary procedures for the monastic population. The Vinaya is the primary source for formal Buddhist Law. Buddhism has a detailed Law Code and a very long legal history. According to Buddhist tradition, the historic Sakyamuni Buddha, in his close to fifty years of teaching, expounded regularly on the correct legal rules for his followers, all of which were then collected into a body of work called the Vinaya.
The core of the Vinaya is a set of rules known as Patimokkha in Pali and Pratimoksa in Sanskrit. This is the shortest portion of every Vinaya, and universally regarded as the earliest. This collection of rules is recited by the gathered Sangha at the new and full moon. Rules are listed in descending order, from the most serious (four rules that entail expulsion), followed by five further categories of more minor offences.
Second, some regions have created Buddhist states following the example of Emperor Ashoka, an early Buddhist political leader. Sri Lanka, Bhutan and Thailand are current examples. These states are governed by traditional Buddhists teachings and precepts.
Third, Buddhism has been a significant social force in shaping the cultural attitudes towards Law and the legal system in many Asian countries that are not Buddhist states.
Fourth, when the local population reasons through the lens of Buddhism, the legal system can be significantly affected. The form of reasoning and the backdrop of the Vinaya rules, as well as the foundational principles of Buddhism, such as Karma (action), Anitya (impermanence), causation, factoral reasoning, and right action, can all strongly affect a legal system.
The eight Precepts of Buddhism significantly influence the interaction of Buddhist Law with the present day contemporary society. These Precepts are:
1. Abstaining from killing any living creature.
2. Abstaining from stealing.
3. Abstaining from sexual misconduct.
4. Abstaining from telling lies.
5. Abstaining from intoxicating drinks and drugs.
6. Abstaining from eating after noon.
7. Abstaining from entertainment and beautifying the body.
8. Abstaining from using luxurious furniture.
Any deviation form the above Precepts can entails expulsion from the Sangha for life. If a Monk breaks any one of these rules he is automatically “defeated” in the holy life and falls from monkhood immediately. He is not allowed to become a monk again in his lifetime. Intention, however, is necessary to constitute an offence of transgression.
Buddhism is considered to have originated in part from the Hindu religious tradition and some Hindus revere Buddha as an incarnation of a Hindu deity.
Article 25 (2b) of the Indian Constitution recognizes and regards Buddhists as a denomination of Hindus only. Further, Article 26 lays down that all denominations can manage their own affairs in matters of religion. Even though in many cultures and traditions, Buddhism is considered to have evolved from Hinduism; yet the independent contribution of Buddhist monastic principles and Precepts, towards harmonizing and consolidating Hindu Law, has been very significant.
Buddhism and Hinduism agree on Karma, Dharma, Moksha and reincarnation. They are different in that : Buddhism rejects the priests of Hinduism, the formal rituals, and the caste system. Buddha urged people to seek enlightenment through Meditation.
Why should we know about Buddhist Law? There are literally thousands of books on Hinduism, Sikhism, Islam, Christianity and its relationship to the rules of the Bible, Canonical law and Christian legal systems, on Jewish law, the Torah, the Talmud and the history of Judaism, on Sharia and the role of Islamic law in different Middle Eastern countries, on Hindu law and its relationship to the politics of India, but writing on Buddhist Law and the effects of Buddhism on legal systems is only just now beginning to be explored.
Buddhist Law is a summation of rules for spiritual guidance, loaded with concrete legal norms that are theologically binding upon the community . These set of rules constitute a profound attack on our current orthodoxy in law-and-religion scholarship and is presented here to provoke new conversations, thoughts and discussions.
