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Buddhism and Written Law: Dhammasattha Manuscripts and Texts in Premodern Burma

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BUDDHISM AND WRITTEN LAW: DHAMMASATTHA MANUSCRIPTS AND TEXTS IN PREMODERN BURMA A Dissertation Presented to the Faculty of the Graduate School of Cornell University In Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy by Dietrich Christian Lammerts May 2010 2010 Dietrich Christian Lammerts BUDDHISM AND WRITTEN LAW: DHAMMASATTHA MANUSCRIPTS AND TEXTS IN PREMODERN BURMA Dietrich Christian Lammerts, Ph.D. Cornell University 2010 This dissertation examines the regional and local histories of dhammasattha, the preeminent Pali, bilingual, and vernacular genre of Buddhist legal literature transmitted in premodern Burma and Southeast Asia. It provides the first critical analysis of the dating, content, form, and function of surviving dhammasattha texts based on a careful study of hitherto unexamined Burmese and Pali manuscripts. It underscores the importance for Buddhist and Southeast Asian Studies of paying careful attention to complex manuscript traditions, multilingual post- and para- canonical literatures, commentarial strategies, and the regional South-Southeast Asian literary, historical, and religious context of the development of local legal and textual practices. Part One traces the genesis of dhammasattha during the first and early second millennia C.E. through inscriptions and literary texts from India, Cambodia, Campå, Java, Lakå, and Burma and investigates its historical and legal-theoretical relationships with the Sanskrit Bråhmaˆical dharmaßåstra tradition and Pali Buddhist literature. It argues that during this period aspects of this genre of written law, akin to other disciplines such as alchemy or medicine, functioned in both Buddhist and Bråhmaˆical contexts, and that this ecumenical legal culture persisted in certain areas such as Burma and Java well into the early modern period. Part Two examines the distinctive styles and formats of the earliest surviving Burmese dhammasattha manuscripts to discuss how their textual and literary features reflect the local circulation and reception of written law. It contends that an investigation of written law in practice must be attentive to features of manuscript culture, including aural/oral modes of reading, the role of versification, the status and function of Pali and vernacular languages, and the relationship between source-text and commentary. Part Three analyzes how legal and textual authority is imagined by the Manusåra- dhammasattha (redacted 1651 C.E.) relative to other genres of Buddhist literature. It considers criticisms of and apologies for dhammasattha as either a “Vedic” or “Buddhist” corpus of texts. In so doing it presents a detailed analysis of the specific hermeneutic arguments marshaled to account for and accommodate dhammasattha and other varieties of Bråhmaˆical learning in premodern Burma. It concludes with an analysis of the centrality of moral conceptions to aspects of dhammasattha jurisprudence, arguing that Buddhist legal ethics was highly composite in textual terms and related to Sanskrit and Pali literature as well as vernacular normative ideals. BIOGRAPHICAL SKETCH Christian Lammerts received a B.A. in Philosophy from Williams College in 1997. In 2002 he completed a M.A. in Southeast Asian Studies at the School of Oriental and African Studies, University of London. In 2005 he received a M.A. in Southeast Asian Studies from Cornell University. He was awarded a Ph.D. in Asian Religions, specializing in the history, culture, and literature of Buddhism in Southeast Asia, by Cornell University in 2010. He is currently a Research Associate with the Nalanda-Sriwijaya Centre at the Institute of Southeast Asian Studies, Singapore. iii ACKNOWLEDGEMENTS This dissertation has benefited from the support of many teachers, scholars, colleagues, and friends. Foremost among these have been my exceptional committee members, Anne Blackburn, Tamara Loos, and Larry McCrea. My interest in dhammasattha literature began at Cornell in the Fall of 2002 during a seminar with Anne. Since then she has served as my advisor and has never ceased to act as generous mentor, critic, and advocate. I am very fortunate to have had the opportunity to work with her over the years. Tamara’s insights on my dissertation have been challenging and productive, and she has been a constant source of encouragement. Larry kindly agreed to serve on my committee when he joined the Cornell faculty, and I appreciate his careful reading of the dissertation and many helpful comments. At Cornell I also worked closely with Christopher Minkowski and Daniel Boucher. Chris briefly served on my committee before he moved to Oxford. I am grateful for their ongoing assistance and interest in my research. I would like to acknowledge the support and mentorship of the faculty of the Cornell Southeast Asia Program and the Asian Religions graduate field, particularly Thak Chaloemtiarana, Jane Marie Law, San San Hnin Tun, Eric Tagliacozzo, and Keith Taylor. The several years I spent studying Burmese with San San Hnin Tun were crucial. I especially appreciate San San’s friendship, patience, and willingness to work with me through premodern manuscript texts which from the perspective of her usual classroom materials can only be described as atypical. David Wyatt was an early and important source of inspiration and historical learning. His enthusiasm for Burmese and Thai manuscript studies and book culture was infectious. Thanks are also due to Kim Scott in the Asian Studies department and Wendy Treat at SEAP for their extensive administrative and logistic help. iv Beyond Cornell I am indebted to many teachers. U Saw Tun, Daw Mar Lay, Than Than Win, and U Kyaw Nyunt taught me Burmese in Madison, DeKalb, and Yangon. In Myanmar U Thaw Kaung, U Htun Yee, U Nyunt Maung, U Win Tint, and U Ni Tut shared their extensive knowledge about Burmese manuscript traditions and helped me track down manuscripts. Dr. U Myo Myint deserves special mention. Without him much of the research for this project would not have been possible, and I am grateful for his ongoing support and friendship. Lilian Handlin, Alexey Kirichenko, Justin McDaniel, and Peter Skilling have been vital conversation partners and fonts of information about Burmese and Southeast Asian Buddhism, history, and manuscripts. Andrew Huxley and Ryuji Okudaira have always been gracious in answering my questions about dhammasattha and sharing their research with me. Don Davis and Patrick Olivelle invited me to present a version of Chapter Three on a panel on dharmaßåstra in Kyoto in 2009, and I continue to learn a great deal from them. Don kindly circulated much of his important work on dharmaßåstra and Indian Law before it was published. Many bhikkhus and monastic communities in Myanmar invited me into their monasteries and allowed me to dig through their manuscript chests. I would like to thank in particular Sayadaw U Paˆita, U Sumana, Sayadaw U Tejaniya, U Kuˆala, U Vicittañåˆa, U Sutålakåra, U Paˆavaμsa, Sayadaw U Kesara, and Sayadaw U Ódiccavaμsa. I also worked a great deal in government and private manuscript libraries throughout the country, and I appreciate the kind assistance of the authorities and staff at the following locations: Research Library of the Department for the Promotion and Propagation of the Såsana (Yangon), State Pariyatti Såsana University (Mandalay), Universities Central Library (Yangon), Historical Research Department (formerly Universities Historical Research Centre, (Yangon), Shwedagon Pagoda, Mandalay Museum, Department of Archaeology (Salay), Department of Archaeology v (Pakhangyi), Bågayå Monastery (AmarapËra), Resource Centre for Ancient Myanmar Manuscripts (Yangon and Mandalay), National Library of Myanmar (Yangon), and Meiktila University. The following librarians were particularly generous: Daw Tin Tin Win, Ma Pyone Pyone Aye, Daw Khin Hnin Oo, Daw Nu Nu San, Daw Soe Soe Sein, and Daw Swe Swe Myint. Peter Skilling and Peter Nyunt also welcomed me on several occasions to the rich collection of the manuscript library of the Fragile Palm Leaves Foundation in Nonthaburi. Many scholars in Myanmar in addition to those mentioned above aided my search for manuscripts, especially: Ko Soe Kyaw Thu, U Yaw Han Htun, Dr. Tint Lwin, U Htay Win Maung, Ko Thein Swe Oo, U Ko Ko Oo, U Kyaw Zaw Naing, Dr. Thu Nandar, and Dr. Phyu Phyu Win. Ko Soe was particularly generous with his time and enthusiasm in assisting my research. I received a great deal of essential help while writing in Singapore from the curators and administrative staff of the Echols Collection on Southeast Asia at Cornell’s magnificent Kroch Library, especially from Greg Green and Lorena Dremel. San San May went well beyond the call of duty during my research with the Burmese manuscripts in the British Library. Bo Bo Lansin provided remote assistance with materials at the SOAS library. I would also like to thank the many book dealers of Yangon, who displayed utmost skill in securing rare Burmese, Pali, and nissaya books for me. May the venerable traditions exemplified by the book stalls of Pansodan Road and the Yangon rare book fairs continue long into the future! Here a special mention goes to Ko Heavy on Pansodan, Ko Aung Win Naing at Icchåsaya, and Dr. Thant Thaw Kaung. Research for this dissertation was primarily carried out during a Fulbright- Hays Fellowship in 2007-2008. Additional manuscript materials were examined, collected, transcribed, and/or digitized with the support of two grants from the Toyota Foundation in 2005-06 and 2006-07 for the
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