buddhism and the law

Question 1

what is buddhism ?

Answer 1

appeared in northern India I the 6th BC at the end of the brhamanic phase ==> alternative to hinduism
= less formal, rigid, less based on castes and social hierarchies

vigoureux expansion in Asia due to the religious message :
=> Buddha means being enlightened : cycle of life, death and reincarnation
“there is more equality than hierarchy in the society)

main difference with indu law : the legal writing comes from the king that he should respect

Question 2

general features of buddhist law

Answer 2

• circular vision of time have legal effects => no limitations for actions or causation ex : less or no limitation of time to performing obligations
• sometimes punishment needs to be very harsher
• karma becomes part of the legal reasoning of the judge

Question 3

where ?

Answer 3

not in India but Nepal and south east Asia

Question 4

differences with hinduism

Answer 4

Manu is the first king to receive the law from Brahman

Manu is a monk => assistant of the 1st King

• it describe the system in a different way
• prevalence of religion and not politics => the law goes to the king through the monk

Question 5

procedural technicalities

Answer 5

• stare décisif does not exist
• legal process can occur at several different level at the same time
• non adverbial process, the parties normally did not meet in court => no confrontation btw parties => no lawyers
• final decision agreed upon the parties after negotiation => it is not important to win the case, the most important is to preserve social harmony in the community
  => cermonies and banquets

if the decision is not good for the community anymore => can go back to the judge