Buddhist influence on constitutionalism
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Buddhism and Comparative Constitutional Law
(Cambridge University Press, 2023)
Edited by Tom Ginsburg (University of Chicago) and Benjamin Schonthal (University of Otago)
The book aims to provide a comprehensive understanding of the influence of Buddhism on constitutional law (the framework for limiting the power of the state), the constitution of the Sangha (the collective Buddhist monkhood) and the dynamic relationship between the two.
It examines how diverse variants of Buddhism (Theravada, Mahayana and Vajrayana for example), Buddhist doctrine and myth inform various aspects of constitutional law in the Buddhist world of South and Southeast Asia, East Asia and China.
Through a comparative lens, the book analyses case studies from different countries and regions where Buddhism has a significant presence, such as Sri Lanka, Vietnam, South Korea, Thailand, Tibet and Japan. It explores how Buddhist concepts interact with constitutional principles and therefore shape not just how the state organises itself, but also how monks organise their own affairs in the Sangha.
Written by academics from a range of disciplines, the inter-disciplinary and trans-disciplinary nature of this book allows for a comprehensive and thorough exploration of the relationship between Buddhism and constitutional law. It is a rich text that was born of an online collaboration of scholars during the global Covid lockdown. The result is an agenda setting book on Buddhism, Buddhist thought and comparative constitutionalism.
While the field of ‘Buddhist law’ has existed for decades, this is the first comprehensive account of Buddhist constitutional law in Buddhist Asia. The book sets out to map “the Buddhism-constitutional complex” in Asia covering a wide range of site-specific analysis.
The diverse collection of essays successfully investigates and contrasts the delicate ways that Buddhist ideas and social structures interact and affect constitutional law making in Asia.
Rather than seeing the lack of normative theory on Buddhist law as an issue, the contributors embrace and utilise it as a reflective technique, revealing the fertile and vast ground of information the subject of Buddhism and constitutional law rests upon. This approach highlights the nuanced socio-legalities of Buddhism and its interaction with state and legal processes.
Centring on the dominant theme of co-dependent arising, the authors present nuanced accounts of the varied socio-religious factors that frame the language of constitutionalism, religious organisation and secularism in Buddhist majority countries. The authors thoroughly engage with a diverse body of thought (from the Humanities and Social Sciences in particular) to emphasise the unique dynamics that occur within their specific sites of interest – the constitution of the Sangha in Tibet and South Korea, the role of Buddhist monks and activist groups in the constitution making process in South and Southeast Asia and the State capture of Buddhist affairs in China, for example.
The collection is likely to be an invaluable resource for scholars, practitioners, or anyone interested in exploring the multifaceted connections between Buddhism, constitutionalism and constitutional law, and the broader implications of religious influence on normative and governance systems.
The full PDF version of the book is available to be downloaded by open-access online with Cambridge University https://www.cambridge.org/core/books/buddhism-and-comparative-constitutional-law/36B349A13BAFF639EC6E737A9C9FB186
- Dr Roshan de Silva-Wijeyeratne - (Lecturer (Teaching and Research), School of Humanities, Social Sciences and Law, University of Dundee)
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