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聲聞律之制定意義=The Significance of the Establishment of the Nikaya Vinaya
Author 釋昭慧 (著)=Shih, Chao-hui (au.)
Source 東方宗教研究=Studies in Oriental Religions
Volumen.新2
Date1991.10
Pages109 - 127
Publisher國立藝術學院傳統藝術研究中心
Location臺北縣, 臺灣 [Taipei hsien, Taiwan]
Content type期刊論文=Journal Article
Language中文=Chinese
Note613-801
Keyword戒律=Precepts=Vianya=Sila; 學處; 毗尼; 制戒; 聲聞律
Abstract佛陀的成正覺,轉法輪,一貫的就是「法」的體現,「法」的教示,因此,維持僧團水準的原則,還就是「法」 (dharma),佛陀本身清淨的身語二業,即是僧眾最好的軌範; 在個人行為或團體紀律方面,必然會有一些規範,那就是「學法」. 若僧中有人違反所學,雖會受到呵責與告誡,但卻沒強制糾正的力量. 此階段,長達十二年,蓋僧團草創,比丘道心真切,未有犯有漏法者. 十二年後,有比丘「有漏法生」,佛乃運用「律」 (vinaya) 來發揮集體約束力量,規範身語二業.

僧羯磨定罪重輕,一定要有客觀標準,故菩薩戒中,許多「動機犯罪」的條例,根本只能作為個人道德上的策勉.

佛陀臨滅度時,告諸弟子:要「以戒為師」. 此意不在達成「毗尼至上」的結論,而是提示僧眾,要建立「法治」的觀念,以期僧團在健全的制度下維持和樂清淨,俾正法得以傳承久遠.

「無罪逆制戒,眾生不信受」. 故一般而言,學處是「隨犯而制」的. 可是後來的律家過份強調「隨犯而制」的原則,於是產生「眾惡歸焉」的傾向; 這樣一來,反而部份犯緣的記述失真了. 其實,有的學法或犯相,只是純粹學理上的分別,未必皆犯而後制. 一般法典中的成文法也一樣,是由「隨犯而制」開始,然後再由法學專家增補一些學理上可以類推的條例.

The Buddha's enlightenment and turning of the Dharma wheel were both manifestations and explications of the "Dharma". Hence,in the earlist days of the sangha, the guiding principle for the maintenance of monastic standards was the "Dharma". The Buddha's own purity in word and deed served as the highest standard for members of the sangha. In the regulation of individual and community life,a set of standards was necessary; these standards were derived from the "study of the Dharma". Although monks who transgressed the principles of this study could be criticized and warned,there was at first no powerful mechanism for punishment and reform. During this period of some twelve years -- that is, the period of the foundation of the monastic order -- bhiksus were exceptionally committed and sincere so that there were no transgressions of the spirit of the Dharma. Twelve years later,however,when an offense occusrred,the Buddha implemented the Vinaya in order to restrain the community in word and deed.

Because of the need for "objective" standards for the determination of the severity of a given transgression,in the bodhisattva precepts there are many passages based on "motivational transgressions" which could only have served as encouragement on a personal moral level.

Just before the Buddha passed into Nirvana, he exhorted his disciples to "take the precepts as their master." This is not to say that the "Vinaya is supreme." Rather,it is an encouragement to the assembly to establish the concept of "law" in the hope that the sangha would thereby maintain its purity,allowing the correct Dharma to be widely propagated.

"If the regulation penalize those who have committed no faults, sentient beings will not accept them." Therefore,in general,the regulations were governed by the principle of "establishing rules as transgressions occur." Nevertheless, later on the principle of "establishing rules as transgressions occur" was carried to extremes, giving rise to the tendency of all -- inclusiveness. In this way some regulations -- created for the exigencies of the moment -- eventually lost their relevance. In fact,some aspects of certain transgressions are purely theoretical divisions, and were not necessarily "established as transgressions occurred." Most legal canons undergo the same process of beginning with the principle of "establishing rules as transgressions occur",but eventually allowing for the categorization and additions of legal specialists.
Table of contents壹. 略說教誡的時代
貳. 創之戒法的原委
參. 毗尼的強制意義
肆. 「令正法久住」 -- 制戒原理
伍. 「人治」與「法治」 -- 論「以戒為師」
陸. 成文法與「隨犯而制」


ISSN10139605 (P)
Hits1078
Created date1998.07.22; 2002.07.11
Modified date2017.09.05



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