Please do not remove this page Genres and Jurisdictions: Laws Governing Monastic Inheritance in Seventeenth-Century Burma Lammerts, D. Christian https://scholarship.libraries.rutgers.edu/discovery/delivery/01RUT_INST:ResearchRepository/12643453730004646?l#13643493720004646 Lammerts, D. C. (2014). Genres and Jurisdictions: Laws Governing Monastic Inheritance in Seventeenth-Century Burma. https://doi.org/10.7282/T35H7HWB This work is protected by copyright. You are free to use this resource, with proper attribution, for research and educational purposes. Other uses, such as reproduction or publication, may require the permission of the copyright holder. Downloaded On 2021/09/25 09:49:28 -0400 BUDDHISM AND LAW An Introduction EDITED BY REBECCA REDWOOD FRENCH MARK A. NATHAN CAMBRIDGE UNIVERSITY PRESS CAMBRIDGE UNIVERSITY PRESS 32 Avenue of the Americas, New York, NY IOOI3-2473, USA Cambridge University Press is parr of the University of Cambridge. It furthers the University's mission by disseminating knowledge in the pursuit of education, learning, and research at the highest international levels of excellence. www.cambridge.org Information on this tide: www.cambridge.org/9780521734196 © Cambridge University Press 2014 To Frank E. Reynolds This publication is in copyright. Subject to statutoty exception and to the provisions of relevant collecrive licensing agreements, for his lifelong work in the field no reproduction of any parr may take place without the written and his steadfast commitment to establishing permission of Cambridge University Press. Buddhism and Law as an accepted academic pursuit First published 2014 Printed in the United States ofAmerica A caralog record for this publication is available from the British Library. Library ofCongress Cataloging in Publication Data Buddhism and law : an introduction I Rebecca Redwood French, State University of New York Buffalo Law School; Mark A. Nathan, University at Buffalo, The State University of New York. pages em. Includes bibliographical references and index. ISBN 978-0-521-5I579-5 (hardback) -ISBN 978-0-521-73419-6 (paperback) r. Buddhists- Legal status, laws, etc. -Asia. 2. Buddhism and law- Asia. I. French, Rebecca Redwood, editor of compilation. II. Nathan, Mark A., 1969- editor of compilation. KNC615.B83 2014 342.508'52943-dc23 2013040362 ISBN 978-0-521-51579-5 Hardback ISBN 978-o-52I-73419-6 Paperback Cambridge University Press has no responsibility for the persistence or accuracy of URLS for external or third-party Internet Web sites referred to in this publication and does not guarantee that any content on such Web sites is, or will remain, accurate or appropriate. Contents Maps and Illustrations page xi Contributors Xi.ii Preface XVll Abbreviations XX1 Introducing Buddhism and Law I Rebecca Redwood French and Mark A. Nathan PART I THE ROOTS OF BUDDHISM AND LAW IN INDIA I. Society at the Time of the Buddha 31 KumkumRoy 2. What the Vinayas Can Tell Us about Law 46 Petra Kieffer-Pulz 3· Keeping the Buddha's Rules: The View from the Sii.tra Pitaka 63 Rupert Gethin 4· Proper Possessions: Buddhist Attitudes toward Material Property .. 78 jacob N Kinnard 5· On the Legal and Economic Activities o£Buddhist Nuns: Two Examples from Early India 91 Gregory Schopen PART II BUDDHISM AND LAW IN SOUTH AND SOUTHEAST ASIA 6. Buddhism and Law in Sri Lanka II7 Sunil Goonasekera vii viii Contents Contents ix 7· Flanked by Images of Our Buddha: Community, Law, and I9. Karma, Monastic Law, and Gender Justice 334 Religion in a Premodern Buddhist Context 135 Karma Lekshe Tsomo jonathan S. Walters 20. Buddhism and Constitutions in Bhutan 350 8. The Legal Regulation of Buddhism in Contemporary Richard W. Whitecross Sri Lanka 150 Benjamin Schonthal A Selection ofReadings Index 9· Pali Buddhist Law in Southeast Asia 167 Andrew Huxley IO. Genres and Jurisdictions: Laws Governing Monastic Inheritance in Seventeenth-Century Burma 183 Christian Lammerts PART III BUDDHISM AND LAW IN EAST ASIA II. Buddhism and Law in China: The Emergence of Distinctive Patterns in Chinese History 201 T.H Barrett 12. The Ownership and Theft of Monastic Land in Ming China 217 Timothy Brook 13. Buddhism and Law in China: Qing Dynasty to the Present 234 Anthony Dicks 14. Buddhism and Law in Korean History: From Parallel Transmission to Institutional Divergence 255 Mark A. Nathan 15. Buddhism and Law in Japan 273 Brian Ruppert r6. Relic Theft in Medieval Japan 288 Bernard Faure PART IV BUDDHISM AND LAW IN NORTH ASIA AND THE HIMALAYAN REGION q. Buddhism and Law in Tibet Rebecca Redwood French r8. Buddhist Laws in Mongolia 319 Vesna A. Wallace Abbreviations A Anguttara Nikaya Abhidh-k-bh Abhidharmakofa-bhiifya edited by P. Pradhan (Patna: Kashi Prasad Jayaswal Research Institute, 1967) BL British Library D Digha Nikaya Derge The Sde-dge Mtshal-par Bka'- 'gyur, a facsimilie edition of the 18th-century redaction of the Si-Tu Chos-kyi-'byun-gnas. Dhs Dhammasanga~Ji Divy Divyavadana edited by P.L. Vaidya (Darbhanga: Mithila Institute, 1959) Ja ]ataka; Viggo Fausb0ll (ed.), The ]ataka together with its Commentary, 7 vols. (London: Trlibner, 1877-1897) M Majjhima Nikaya Mhv Mahavar(lsa edited by Wilhelm Geiger (London: Pali Text Society, 1912). Mil Milindapafiha MPS Mahaparinirva~Jsutra edited by E. Waldschmidt (Berlin: Akademie Verlag, 1951) Mvu Le Mahavastu vol. I, edited by E. Senart (Paris: Imprimerie Nationale, 1882) NL National Library of Myanmar Palim Vinayasangaha-atphakatha-path (Yangon: Pyi Gyi Mundyne, 1954) Palim-nr Tipirakalankara, Vinayalankara-.tika, 2 vols. (Yangon: Buddhasasanasamiti, 1984) Peking The Tibetan Tripitaka, Peking Edition, Reprinted under the Supervision ofthe Otani University, Kyoto, Vols. 1-169 (Tokyo and Kyoto: 1955-1961) Ps Papaficasudani i' I xxi i i xxii Abbreviations s Sarpyutta Nikaya SBV Sanghabhedavastu edited by R. Gnoli and T. Venkatacharya, 2 vols. (Rome: Istituto italiano per il Media ed Estremo Oriente, 1977-1978) Introducing Buddhism and Law Sp Samantapiisadikii, Takakusu, Junjiro and Makoto Nagai (eds.), Samantapiisadika: Buddhaghosa's Commentary on Rebecca Redwood French and Mark A. Nathan the Vinaya Pifaka, 7 vols. (London: Pali Text Society, 1924-1947) Spk Siiratthappakiisini Sp-r Siiratthadipani, 3 vols. (Yangon: Buddhasasanasamiti, 1960) Some edited volumes are self-explanatory and others need a substantial Sv Sumangalaviliisini introduction to the material; the latter is the case with this volume. While T Taisho shinshu daizokyo (Tokyo: Taisho Issaikyo the title is intriguing, many readers will need a guidebook to explain much Kankokai, 1924-1932) of what they are encountering here. And it is well worth the effort as the Tikap Tikapaffhiina material is some of the most exciting and unorthodox both on legal systems Tog The Tog Palace Manuscript ofthe Tibetan Kanjur, and in Buddhist Studies. Therefore, the task of this introduction to the Vols. 1-109 (Leh: 1975-1980) volume is to provide readers with a road map to define the object of study, UBhS U Bo Thi Manuscript Library, Thaton and to offer ways to think about the field of Buddhism and Law. UCL Universities Central Library, Yangon This introduction is divided into three main sections: Buddhism, Law, Yin Vinaya. Editions ofPali texts are those of the Pali Text and Buddhism and Law. The first, Buddhism, presents a brief account Society, originally published Oldenberg, H. (ed.), The of the life of the Buddha before turning to an examination of dharma, Vinaya Pifakarrt, 5 vols. (London: Williams and a fundamental term in Buddhism that has long been translated as law. Norgate, 1879-1883) A discussion of Buddhist monasticism and some of the misconceptions Vjb Vajirabuddhi-.tlkii. (Yangon: Buddhasasanasamiti, 1960) that have surrounded the place of the monastic community in society Vmv Vimativinodani-.tlkii, 2 vols. (Yangon: comes next, followed by a consideration of the Vinaya, the canonical Buddhasasanasamiti, 1960) Buddhist law codes that have served to regulate the religious life ofBuddhist monasteries. Buddhist traditions also possess a wealth of other legal texts and materials, most ofwhich reflect attempts to devise supplementary rules and regulations that fit local conditions, and these are introduced last. The second section, Law, is intended to show how Buddhism and Law might fit into the legal scholarly world, perhaps the most difficult con­ nection for legal academics and scholars of Buddhism. This section begins with a definition of law that moves beyond a simple denotation of state regulations and permits a more expansive view of legal practices. In this section, three more ideas will be broached. The first is the concept that Buddhism, when viewed as an otherworldly religion, does not seem to have law. The second is a discussion of a strong, centralized state model of law that European and North American scholars might be working from, and the third is the idea of Legal Orientalism. Following this, four areas oflegal academics are introduced: Religion and Law, Law and Society, I ANDREW HUXLEY and South Africa. While the legal elites in the capital cities of mainland Southeast Asia are busy designing stock markets and joint-venture regimes, CHAPTER IO older patterns of social control may be preserved upcountry. The monks are back in their village monasteries. The rice fields are still being cultivated. Genres and jurisdictions The same old disputes crop up (over inheritance, over agricultural debt, Laws Governing Monastic Inheritance in between husband and wife). These were the topics in which dhammasat and rajasat