1. Buddhistische Ethik und positives Recht.
- Author
-
Preußger, Florian
- Subjects
BUDDHIST ethics ,POSITIVE law ,JUSTICE administration ,BUDDHISM ,DHARMA in Buddhism ,APORIA - Abstract
The aim of the article is to formulate a systematic account of the connection between Buddhist ethics and a legal system, taking into consideration the constitution of Sri Lanka, a country undisputedly shaped by (Theravâda-)Buddhism. First, a brief introduction into the ethics of the Buddhist teachings (Suttas) is provided. The following examination discusses the question of which concept of law the Buddha might have advocated especially focusing on the problem of a necessary versus a mere possible, "desired" relation between a legal system and its ethical justification. Finally, the third step is dedicated to the real, i.e. factual empirical relation between the idea of Buddhist ethics developed in part one and the Sri Lankan constitution. However, such an "incorporation" of Buddhist ethics cannot be asserted: neither does the constitution refer to, nor does it include any elements which can be traced back to, and only to, Buddhist ethics. This aporia is demonstrated exemplarily with its Human Rights record. What can clearly be established however, is an extraordinary standing of Buddhism as (practiced) religion or teaching (Buddha-sâsana) within the constitution, which is indeed relevant for the topical "conflict" between the Buddhist-Sinhalese majority and the Hindu-Tamil minority. In this respect the article concludes with an alter- native understanding of "the relation between law and Buddhism:" the interference of (parts of) the Buddhist clergy (Sangha) into the political-juridical reality of Sri Lanka - showing no obvious common features to Buddhist ethics (of the Suttas). [ABSTRACT FROM AUTHOR]
- Published
- 2009