Buddhism and Comparative Constitutional Law

doi:10.1017/9781009286022

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Buddhism and Comparative Constitutional Law offers the first comprehensive account of the entanglements of Buddhism and constitutional law in Sri Lanka, Myanmar, Thailand, Cambodia, Vietnam, Tibet, Bhutan, China, Mongolia, Korea, and Japan. Bringing together an interdisciplinary team of experts, the volume offers a complex portrait of “the Buddhist-constitutional complex,” demonstrating the intricate and powerful ways in which Buddhist and constitutional ideas merged, interacted and co-evolved. The authors also highlight the important ways in which Buddhist actors have (re)conceived Western liberal ideals such as constitutionalism, rule of law, and secularism. Available Open Access on Cambridge Core, this trans-disciplinary volume is written to be accessible to a non-specialist audience.

‘This comprehensive collection brings together a stimulating selection of case studies from experts on Buddhism, law, and constitutions. Its multi-disciplinary perspective raises much needed comparative questions about the relations between Buddhist ideas and constitutional principles. Ultimately, the editors ask what Buddhism is and what forms the Buddhist–constitutional complex, which they put at the heart of this excellent volume.’

Fernanda Pirie - University of Oxford

‘Schonthal and Ginsburg have pioneered a new field of Buddhism and comparative constitutional law. They bring substantial mastery of Buddhism and law to the book. The volume contains an impressive breadth of socio-legal scholarship. This innovative collection showcases the next generation of scholars in the study of Buddhism and law.’

Melissa Crouch - University of New South Wales

‘By exploring the ‘Buddhist–constitutional complex’ in which constitutionalism and Buddhism may mutually shape and be shaped, this inspiring volume opens up a new field for scholars of comparative constitutional laws and religious studies, not only in Asia but also in the West.’

Wen-Chen Chang - National Taiwan University College of Law

‘This rich and deeply interesting collection provides further evidence that scholars of Buddhism and law are now producing some of the most exciting new scholarship in the law and society field. Even the most skeptical reader will be persuaded that the topics of Buddhism and constitutionalism can indeed be considered in tandem – a fact that was previously far from obvious – and that neither can be understood in Buddhist cultures without taking full account of the other. This book sheds new light on longstanding scholarly assumptions about governance, legitimation, political and social order, and the sacred authority of rulers. It opens up a broad new field for future research that could fundamentally change our understandings of the role of law among the Buddhist peoples of Asia.’

David M. Engel - School of Law, State University of New York at Buffalo

‘This is a superb collection of scholarship studying legal customs from a variety of cultures.’

Ngawang Zepa Source: Religious Studies Review

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Contents

Buddhism and Comparative Constitutional Law
pp i-i
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Comparative Constitutional Law and Policy - Series page
pp ii-iv
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Buddhism and Comparative Constitutional Law - Title page
pp v-v
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Copyright page
pp vi-vi
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Contents
pp vii-x
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Contributors
pp xi-xii
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Preface
pp xiii-xvi
- By Rebecca Redwood French
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Acknowledgments
pp xvii-xviii
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Notes on Transliteration and Language
pp xix-xx
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1 - Introduction
pp 1-32
Mapping the Buddhist–Constitutional Complex in Asia
- By Tom Ginsburg, Benjamin Schonthal
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Part I - Religious and Political Underpinnings
pp 33-70
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2 - Buddhism and Constitutionalism in Precolonial Southeast Asia
pp 35-56
- By D. Christian Lammerts
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3 - Theorising Constitutionalism in Buddhist-Dominant Asian Polities
pp 57-70
- By Asanga Welikala
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Part II - Himalayan Asia
pp 71-140
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4 - The Zhabdrung’s Legacy
pp 73-98
Buddhism and Constitutional Transformation in Bhutan
- By Richard W. Whitecross
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5 - The “Trick of Law”
pp 99-123
The Hermeneutics of Early Buddhist Law in Tibet
- By Martin A. Mills
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6 - Tibetan Buddhist Monastic Constitutional Law and Governmental Constitutional Law
pp 124-140
Mutual Influences?
- By Berthe Jansen
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Part III - Southern Asia
pp 141-238
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7 - Guardians of the Law
pp 143-160
Sinhala Language and Buddhist Reformation in Postwar Sri Lanka
- By Krishantha Fedricks
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8 - Thai Constitutions as a Battle Ground for Political Authority
pp 161-180
Barami versus Vox Populi
- By Khemthong Tonsakulrungruang
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9 - Establishing the King as the Source of the Constitution
pp 181-197
Shifting ‘Bricolaged’ Narratives of Buddhist Kingship from Siam to Thailand
- By Eugénie Mérieau
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10 - Buddhist Constitutionalism beyond Constitutional Law
pp 198-219
Buddhist Statecraft and Military Ideology in Myanmar
- By Iselin Frydenlund
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11 - Reconstituting the Divided Sangha
pp 220-238
Buddhist Authority in Post-Conflict Cambodia
- By Benjamin Lawrence
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Part IV - Northern and Northeastern Asia
pp 239-342
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12 - Constitutional Buddhism
pp 241-271
Japanese Buddhists and Constitutional Law
- By Levi McLaughlin
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13 - Governing Buddhism in Vietnam
pp 272-284
- By Ngoc Son Bui
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14 - The Buddhist Association of China and Constitutional Law in Buddhist Majority Nations
pp 285-304
The International Channels of Influence
- By André Laliberté
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15 - Governing “Lamaism” on the “Frontier”
pp 305-324
Buddhism and Law in Early Twentieth-Century Inner Mongolia
- By Daigengna Duoer
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16 - Buddhist Constitutional Battlegrounds
pp 325-342
Using the Courts to Litigate Monastic Celibacy in South Korea (1955–1970)
- By Mark A. Nathan
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Part V - Comparative Perspectives
pp 343-344
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