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42 results

Page 1 of 3

  • India’s Quotidian Constitution

  • Benjamin Schonthal
  • Journal:
    Law & Social Inquiry / Volume 48 / Issue 3 / August 2023
    Published online by Cambridge University Press:
    12 April 2023, pp. 1103-1108
    Print publication:
    August 2023
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  • Notes on Transliteration and Language

  • Edited by Tom Ginsburg, University of Chicago, Benjamin Schonthal, University of Otago, New Zealand
  • Book:
    Buddhism and Comparative Constitutional Law
    Published online:
    18 November 2022
    Print publication:
    01 December 2022, pp xix-xx
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  • Contents

  • Edited by Tom Ginsburg, University of Chicago, Benjamin Schonthal, University of Otago, New Zealand
  • Book:
    Buddhism and Comparative Constitutional Law
    Published online:
    18 November 2022
    Print publication:
    01 December 2022, pp vii-x
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  • Contributors

  • Edited by Tom Ginsburg, University of Chicago, Benjamin Schonthal, University of Otago, New Zealand
  • Book:
    Buddhism and Comparative Constitutional Law
    Published online:
    18 November 2022
    Print publication:
    01 December 2022, pp xi-xii
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  • Part V - Comparative Perspectives

  • Edited by Tom Ginsburg, University of Chicago, Benjamin Schonthal, University of Otago, New Zealand
  • Book:
    Buddhism and Comparative Constitutional Law
    Published online:
    18 November 2022
    Print publication:
    01 December 2022, pp 343-344
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  • 1 - Introduction

  • Edited by Tom Ginsburg, University of Chicago, Benjamin Schonthal, University of Otago, New Zealand
  • Book:
    Buddhism and Comparative Constitutional Law
    Published online:
    18 November 2022
    Print publication:
    01 December 2022, pp 1-32
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  • Summary

    This introduction to the edited volume considers the complex and myriad interactions between Buddhism and constitutional law in Asia. It summarizes the main themes of the volume.

  • Acknowledgments

  • Edited by Tom Ginsburg, University of Chicago, Benjamin Schonthal, University of Otago, New Zealand
  • Book:
    Buddhism and Comparative Constitutional Law
    Published online:
    18 November 2022
    Print publication:
    01 December 2022, pp xvii-xviii
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  • Copyright page

  • Edited by Tom Ginsburg, University of Chicago, Benjamin Schonthal, University of Otago, New Zealand
  • Book:
    Buddhism and Comparative Constitutional Law
    Published online:
    18 November 2022
    Print publication:
    01 December 2022, pp vi-vi
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  • Part I - Religious and Political Underpinnings

  • Edited by Tom Ginsburg, University of Chicago, Benjamin Schonthal, University of Otago, New Zealand
  • Book:
    Buddhism and Comparative Constitutional Law
    Published online:
    18 November 2022
    Print publication:
    01 December 2022, pp 33-70
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  • Part IV - Northern and Northeastern Asia

  • Edited by Tom Ginsburg, University of Chicago, Benjamin Schonthal, University of Otago, New Zealand
  • Book:
    Buddhism and Comparative Constitutional Law
    Published online:
    18 November 2022
    Print publication:
    01 December 2022, pp 239-342
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  • Part II - Himalayan Asia

  • Edited by Tom Ginsburg, University of Chicago, Benjamin Schonthal, University of Otago, New Zealand
  • Book:
    Buddhism and Comparative Constitutional Law
    Published online:
    18 November 2022
    Print publication:
    01 December 2022, pp 71-140
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  • Part III - Southern Asia

  • Edited by Tom Ginsburg, University of Chicago, Benjamin Schonthal, University of Otago, New Zealand
  • Book:
    Buddhism and Comparative Constitutional Law
    Published online:
    18 November 2022
    Print publication:
    01 December 2022, pp 141-238
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Buddhism and Comparative Constitutional Law
  • Edited by Tom Ginsburg, Benjamin Schonthal
  • Published online:
    18 November 2022
    Print publication:
    01 December 2022
  • 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.

  • The Case for Religious Constitutions: Comparative Constitutional Law among Buddhists and Other Religious Groups

  • Benjamin Schonthal
  • Journal:
    Law & Social Inquiry / Volume 47 / Issue 2 / May 2022
    Published online by Cambridge University Press:
    26 August 2021, pp. 391-419
    Print publication:
    May 2022

  • This article argues that there is body of governing laws appearing widely throughout the global history of religions that warrants classification as constitutions. Like national constitutions, these religious constitutions present themselves as a form of “higher law” that declare the identity of a given a community, organize its structures of governing power, define its foundational norms, and authorize further acts of rulemaking. In this article, I offer an overview of these texts across several traditions and a defense of their importance in the study of comparative constitutional law. I then draw on fieldwork from Sri Lanka to provide a firsthand account of what a modern religious constitution looks like and how it works to govern one of the country’s largest communities of Buddhist monks. I conclude by urging scholars to view religion and constitutional law not as opposing legal domains but, rather, as homologous forms of social ordering that draw upon similar concepts and logics to address common human dilemmas.

  • Judging in the Buddha’s Court: A Buddhist Judicial System in Contemporary Asia

  • Benjamin Schonthal
  • Journal:
    Asian Journal of Law and Society / Volume 8 / Issue 2 / June 2021
    Published online by Cambridge University Press:
    15 September 2020, pp. 206-225

  • 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.

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