Abstract

The concept of law refers to the system of rules or principle enforced by a controlling authority in order to regulate the actions of citizens of a country or the members of a community. The special feature of the system of law is that each rule of law is bound up with the legal power of imposing penalties. According to the modern definition of law, Buddhist code of law known as Vinaya, Nīti promulgated by the Buddha 25 millenniums ago is quite totally with modern system of law in many respect. This paper is intended to examine critically Buddhist system of law to bring the way how it can be compliant with the law system in the modern scientific and technological world.

Though the concept of law encapsulates variety of law such as civil law, criminal law, commercial law, contract law, constitutional law, international law, customary law, and so on, this paper will pay more attention towards criminal law, constitutional law, customary law and contract law in relation to the system of Buddhist law.

The contribution of the Buddha as a religious master is not limited only in the fields of philosophy, doctrine and ethics, but also it embraces even the field of law. The aspect of Buddhist law spreads out in a vast field which covers the entire Vinaya piṭaka together with its commentaries, sub-commentaries, sub-sub-commentaries and many more explanatory compendiums. It is true that the Buddha has promulgated rules and regulations to regularize the conducts of Buddhist monastic orders known as Bhikkhu and Bhikkhuṇī. But, those rules were enforced by the Buddha in accordance with the legal principles accepted even by the systems of modern law. There is no doubt that certain legal principles such as Retroactive law were introduced by the Buddha for the first time into the world. Hence, it is certain that this paper which tries to bring out the nature of Buddhist legal aspect would be important to those who are interested in the field of law.

Key words: Buddhist law, Monastic Orders, Vinaya, Vinaya piṭaka.