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Blood Curse and Belonging in Thailand: Law, Buddhism, and Legal Consciousness

  • David M. ENGEL (a1)
Abstract

This article takes up Talal Asad’s suggestion that studies of law and religion should reject the modern/non-modern binary and instead consider the “fragmented cultures” and “hybrid selves” associated with constantly changing social circumstances. The article begins with a seemingly bizarre incident that occurred during Thai street protests in March 2010. Tens of thousands of rural demonstrators splashed their own blood on Bangkok’s public buildings to curse the ruling government and its legal and political institutions. An explanation of the demonstrators’ controversial actions is found in their reaction against efforts of the central Thai ruling elite over the past century to modernize Thai law, rationalize its religious administration, and eliminate rival systems in outlying regions. These efforts, in turn, are placed in the context of a centuries-old tradition of law, kingship, and religious purification through which Thai rulers centralized their power and demonstrated their legitimacy. The street protests in 2010 represented a failed attempt by rural workers simultaneously to claim their place in the Thai nation and to challenge its hegemony, to assert their rights under modern law, and to invoke pre-modern legal norms and identities.

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SUNY Distinguished Service Professor at the SUNY Buffalo Law School. Correspondence to David M. Engel, SUNY Buffalo Law School, Buffalo, NY 14260, US. E-mail address: dmengel@buffalo.edu.

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Alexander, Saowanee T., & McCargo, Duncan (2014) “Diglossia and Identity in Northeast Thailand: Linguistic, Social, and Political Hierarchy.” 18 Journal of Sociolinguistics 6086.
Asad, Talal (2003) Formations of the Secular: Christianity, Islam, Modernity, Stanford: Stanford University Press.
Bangkok Post (2015) “Myanmar Buddhist Radicalism Fuels Thai Push for State Religion,” 4 November, online <http://www.bangkokpost.com/news/general/754452/myanmar-buddhist-radicalism-fuels-thai-push-for-state-religion> (last accessed 21 December 2015).
Cohen, Erik (2012) “Contesting Discourses of Blood in the ‘Red Shirts’ Protests in Bangkok.” 43 Journal of Southeast Asian Studies 216233.
Engel, David M. (2011) ‘“The Spirits Were Always Watching’: Buddhism, Secular Law, and Social Change in Thailand,” in Sullivan, et al., eds., After Secular Law, Stanford: Stanford Law Books, 242260.
Engel, David M., & Engel, Jaruwan S. (2010) Tort, Custom, and Karma: Globalization and Legal Consciousness in Thailand, Stanford: Stanford University Press.
Fitzpatrick, Peter (1992) The Mythology of Modern Law, New York: Routledge.
Geertz, Clifford (1983) Local Knowledge: Further Essays in Interpretive Anthropology, New York: Basic Books.
Harding, Andrew, & Leyland, Peter (2011) The Constitutional System of Thailand: A Contextual Analysis, Oxford: Hart Publishing.
Jory, Patrick (2002) “The Vessantara Jataka, Barami, and the Bodhisatta-Kings: The Origin and Spread of a Thai Concept of Power.” 16 Crossroads 3678.
Keyes, Charles F. (1977) The Golden Peninsula: Culture and Adaptation in Mainland Southeast Asia, New York: Macmillan.
Morris, Rosalind C. (2000) In the Place of Origins: Modernity and Its Mediums in Northern Thailand, Durham, NC: Duke University Press.
Panikkar, Raimundo (1982) “Is the Notion of Human Rights a Western Concept?120 Diogenes 75102.
Rajah, Ananda (2005) “Political Assassination by Other Means: Public Protest, Sorcery and Morality in Thailand.” 36 Journal of Southeast Asian Studies 111129.
Ramitanon, Shalardchai (2002) Phi jao nai [Spirits of the Nobility], 2nd edn, Chiangmai: Ming Müang Press.
Streckfuss, David (2011) Truth on Trial in Thailand: Defamation, Treason, and Lèse-Majesté, London: Routledge.
Sullivan, Winnifred Fallers, Yelle, Robert A.& Taussig-Rubbo, Mateo, eds. (2011) After Secular Law, Stanford: Stanford Law Books.
Tambiah, S.J. (1976) World Conqueror and World Renouncer: A Study of Buddhism and Polity in Thailand Against A Historical Background, Cambridge: Cambridge University Press.
Yuktanan, Salisa (2012) “Ritualizing Identity-Based Political Movement: Challenging Thailand’s Political Legitimacy through Blood-Sacrificing Rituals.” 2 Michigan Journal of Asian Studies 89110.
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Asian Journal of Law and Society
  • ISSN: 2052-9015
  • EISSN: 2052-9023
  • URL: /core/journals/asian-journal-of-law-and-society
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