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- Title
Judging in the Buddha's Court: A Buddhist Judicial System in Contemporary Asia.
- Authors
Schonthal, Benjamin
- Abstract
Drawing on textual and ethnographic research conducted over the last five years, this article analyses an important genre of judicial practice in South and Southeast Asia that has been almost entirely ignored by socio-legal scholars: Buddhist systems of judging. Using the judicial system of one monastic group in contemporary Sri Lanka as a case-study, it argues that Buddhist judging requires more than just the internalization of moral principles, as is often assumed. According to Buddhist (monastic) principles of judging, legal procedures—similar to those used in state legal settings—are equally essential. These procedures govern everything from making legal complaints, to the structuring of trials, to determining jurisdiction, and many other topics. By examining Buddhist judicial systems, this article not only casts new light on the pluri-legal landscape of Asia; it also offers new reflections on the intersection of religion-based and state-based systems of law in the contemporary world.
- Subjects
SOUTH Asia; SOUTHEAST Asia; BUDDHISM; LAW; RELIGION &; law
- Publication
Asian Journal of Law & Society, 2021, Vol 8, Issue 2, p206
- ISSN
2052-9015
- Publication type
Article
- DOI
10.1017/als.2020.13