The vinaya and the dharmaśāstra: Monastic law and legal pluralism in ancient india

Abstract

This article outlines the relationship between the Buddhist Vinaya (the rules of Buddhist monks) and the Dharmaà15Bà101stra in ancient India. My purpose is to show that the Vinaya should not be seen as a form of customary law, but as a wider system of jurisprudence linked to Dharmaà15Bà101stra principles and precepts. I make this argument to show that particular aspects of the Vinaya and the legal relationship with the Dharmaà15Bà101stra are examples of the operation 'legal pluralism'. This concept is useful as a starting point to develop analytical criteria for distinguishing various bodies of law and their interrelationships. I use this concept to show that in the context of the Vinaya and the Dharmaà15Bà101stra, the term 'legal pluralism' helps us to delineate the relationship between the Sangha (Buddhist order of monks) and the Dharmaà15Bà101stra.

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Citations of this work

Ideas of Transgression and Buddhist Monks.Malcolm Voyce - 2010 - Law and Critique 21 (2):183-198.

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