Author Affiliations: Rebecca Redwood French is a Professor of Law at the State University of New York, Buffalo Law School and a former director of the Baldy Center for Law and Social Policy. Nathan is an Assistant Professor in the Department of History and the Asian Studies Program at the University at Buffalo, State University of New York.
摘要
As the first comprehensive study of Buddhism and law in Asia, this interdisciplinary volume challenges the concept of Buddhism as an apolitical religion without implications for law. Buddhism and Law draws on the expertise of the foremost scholars in Buddhist studies and in law to trace the legal aspects of the religion from the time of the Buddha to the present. In some cases, Buddhism provided the crucial architecture for legal ideologies and secular law codes, while in other cases it had to contend with a preexisting legal system, to which it added a new layer of complexity. The wide-ranging studies in this book reveal a diversity of relationships between Buddhist monastic codes and secular legal systems in terms of substantive rules, factoring, and ritual practices. This volume will be an essential resource for all students and teachers in Buddhist studies, law and religion, and comparative law.
This volume challenges the concept of Buddhism as an apolitical religion without implications for law.
目次
Frontmatter i Dedication v Contents vii Maps and Illustrations xi Contributors xiii Preface xvii Abbreviations xxi
Introducing Buddhism and Law 1
PART I. THE ROOTS OF BUDDHISM AND LAW IN INDIA 1 Society at the Time of the Buddha 31 2 What the Vinayas Can Tell Us about Law 46 3 Keeping the Buddha's Rules: The View from the Sutra Pitaka 63 4 Proper Possessions: Buddhist Attitudes toward Material Property 78 5 On the Legal and Economic Activities of Buddhist Nuns: Two Examples from Early India 91
PART II. BUDDHISM AND LAW IN SOUTH AND SOUTHEAST ASIA 6 Buddhism and Law in Sri Lanka 117 7 Flanked by Images of Our Buddha: Community, Law, and Religion in a Premodern Buddhist Context 135 8 The Legal Regulation of Buddhism in Contemporary Sri Lanka 150 9 Pali Buddhist Law in Southeast Asia 167 10 Genres and Jurisdictions: Laws Governing Monastic Inheritance in Seventeenth-Century Burma 183
PART III. BUDDHISM AND LAW IN EAST ASIA 11 Buddhism and Law in China: The Emergence of Distinctive Patterns in Chinese History 201 12 The Ownership and Theft of Monastic Land in Ming China 217 13 Buddhism and Law in China: Qing Dynasty to the Present 234 14 Buddhism and Law in Korean History: From Parallel Transmission to Institutional Divergence 255 15 Buddhism and Law in Japan 273 16 Relic Theft in Medieval Japan 288
PART IV. BUDDHISM AND LAW IN NORTH ASIA AND THE HIMALAYAN REGION 17 Buddhism and Law in Tibet 305 18 Buddhist Laws in Mongolia 319 19 Karma, Monastic Law, and Gender Justice 334 20 Buddhism and Constitutions in Bhutan 350
