《四分律》知而妄語戒內涵及其法理分析--現代法律體系參照下的對比研究=The Content and Jurisprudential Analysis of the Precept Against Deliberately False Speech in Dharmagupta-vinaya :A Comparative Study Referencing the Modern Legal System
Comparative analysis is an important academic approach nowadays, for it more readily reveals the characteristics of the subject and also presents the transcendental value of the object,thus providing the possibility of reciprocal comparison and explanation. This study examines the case of “the precept against deliberately false speech” in Dharmagupta-vinaya, breaking it down into five steps: 1. a general introduction to how the precept was framed; 2. bhikkhus hearing the expositions; 3. the Buddha gathering the crowd and framing the precept; 4. detailing the derivative rules; and 5. stipulating the regulation. Accordingly, applying the concepts and operations of the modern legal system to carry out analysis on the elements and derivative jurisprudential issues of “the precept against deliberately false speech”, such as including vinaya in “statutory law” and determining the vinaya to be a “two-stage violation system” according to crime theory, etc. It is expected that the rational spirit of the vinaya and other possible research perspectives could be found through reciprocal comparison and explanation.
