THE RECEPTION OF BUDDHIST LAW IN S.E. ASIA 200 BCE-1860 CE

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"...I divide this paper into three sections as follows : [1] The Period of Implantation — Here I describe the endogenous pre-Indian law of S.E. Asia, and the first eight centuries of Indian legal influence. ... The processes I describe apply equally to the importation of Buddhism and Hinduism, so I do not limit myself to discussing Buddhist examples. This section is headed ?The Indianisa- tion of S.E. Asia 300 BCE — 900 CE ?..... [2] The Period of Fruition — From the ninth century comes our first evidence of legalistic dispute settlement in S.E. Asia. The spread of literacy beyond the palace and the monastery raised expectations that the Indian derived law texts should be applied, rather than just displayed in the palace among the regalia and power-objects. A century later, the classical empires of Pagan and Angkor are launched on their spectacular path. In extent and duration, these empires eclipsed the kingdoms that preceded them. We have a reasonably good knowledge of their legal systems from the extensive inscriptions that they have left. I discuss the issues raised by Questions All to A16 of the outline in relation to Pagan as the paradigm of ?Buddhist Law? and Angkor as the paradigm of ?Hindu Law?. This section is headed ?Hindu Law and Buddhist Law in Classical Pagan and Angkor 950-1300 CE ?..... [3] The Period of Destiny — The fall of Angkor and Pagan coincides with Kublai Khan?s attempted invasion, the emergence into political prominence of a new linguistic family — the Thai — and the religious conversion of virtually all mainland Hindus tcy Theravada Buddhism. From 1300 to 1860 CE the two transplanted Indian legal systems work out their destiny, largely unaffected by legal developments outside the region. Mainland S.E. Asia produces three different syntheses of Indian law. Both the west and the north develop from the Pagan model of Buddhist law, but the west, with its larger, more powerful and longer-lasting states, develops much more legal autonomy than does the north. The east, though Theravada Buddhist in religion, mixes elements of Pagan ?Buddhist law? and Angkor ?Hindu law? together to make its own distinctive destiny. I discuss the issues raised by Questions B1 to B21 of the outline in relation to these three variations of the transplantation of Indian law. This section is headed ?The Theravada Buddhist legal systems of Mainland S.E. Asia 1300 — I860 CE ?..."

Creator/author: 

Andrew Huxley

Source/publisher: 

La Réception des Systèmes Juridiques: Implantation et Destin, Brussels: Bruylant (1994), pp 139-237

Date of Publication: 

1994-00-00

Date of entry: 

2014-11-16

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  • Individual Documents

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Language: 

English

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Format: 

pdf

Size: 

1.19 MB