The Philosophy of Buddhist Law -as Seen by Criminologist's Point of View

Abstract

It can be argued that the Buddhist Laws are based on the five principles or Panca Sila as theu are commonly known. The laws whether intended for the monks or laymen had the Panca Sila as its foundation which in its supreme from encompassed the Eightfold Path leading to the final Buddjist Objective of reaching the Nirvana. The Authority for the Buddhist Laws emanated from four Great Sources. The Acid Test for the validity of any law is to compare it with the Buddha's Discourses in short-the Sutta and the Vinaya. If it agrees with the words of the Buddha as found in the Sutta and the Vinaya the validity of the Law is established. In addition to the material or this worldly dimension the Buddhist Laws had the non-material or spiritual demention too.The Buddhist Law also need to be viewed as both an individual and collective legal system. Sociologically this is interesting because the law violated collectively could affect those who violated it in a collective manner. In the same sense collective purity and rituals associated with such purity are emphasised. Punishment as understood by Buddhist Law is devoid of meaning unless it containscompassion for the "punished" which the person under "punishment" which the person under "punishment" should understand and assimilate the education into his pattern of life in order to make the entire process meaningful to him.