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戒律與政治, 法律原理之同異=Differences in the Principles of Monastic Precepts and the Law
Author 釋昭慧 (著)=Shih, Chao-hui (au.)
Source 東方宗教研究=Studies in Oriental Religions
Pages103 - 115
Location臺北縣, 臺灣 [Taipei hsien, Taiwan]
Content type期刊論文=Journal Article
Keyword戒律=Precepts=Vianya=Sila; 王法; 政治; 法律
AbstractPrecepts followed by monks are generally more restrictive than the Law. Their similarities lie in resolving internal conflict within a group,promoting cooperation,and assisting in achieving personal and societal ideals. Their distinction is in the discernment of "Origin of Pratyaya" -- Buddha used this to establish monastic laws, using the principle of equality to oppose hierarchy.

Political laws have become democratic policies advocate power and equality,with little related to "Origin of Pratyaya".

The articles for monastic precepts and the Law must be based on a fundamental concept. The fundamental concept for monastic precepts in "the protection of life" while contemporary law tends towards "humanism". It is apparent from the recent enactment of the Wildlife Protection Act and Animal Protection Law,the fundamental concept of laws will change and shift according to mankind's understanding of morality.

The Law also protects personal and private property. Monastic precepts while not sanctioning the stealing of property,do not focus on the protection of property,but on the limitation of personal property.

Present day law includes the concept of "the right to life". Discussing only the right to life and property rights, monastic precepts give precedence to the former,therefore the first of the Five Precepts is "do not kill".
Table of contents壹. 戒律與「王法」
貳. 政制與僧制本質上之同異
參. 戒律與法律之根本理念

ISSN10139605 (P)
Created date1998.07.22; 2002.07.11
Modified date2017.09.06

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