The Golden Yoke: The Legal Cosmology of Buddhist Tibet

Couverture
Cornell University Press, 1995 - 404 pages
The "golden yoke" of Buddhist Tibet was the last medieval legal system still in existence in the middle of the twentieth century. This book reconstructs that system as a series of layered narratives from the memories of people who participated in the daily operation of law in the houses and courtyards, the offices and courts of Tibet prior to 1959. The practice of law in this unique legal world, which lacked most of our familiar signposts, ranged from the fantastic use of oracles in the search for evidence to the more mundane presentation of cases in court. Buddhism and law, two topics rarely intertwined in Western consciousness, are at the center of this work. The Tibetan legal system was based on Buddhist philosophy and reflected Buddhist thought in legal practice and decision making. For Tibetans, law is a cosmology, a kaleidoscopic patterning of relations which is constantly changing, recycling, and re-forming even as it integrates the universe and the individual into a timeless mandalic whole. The Golden Yoke causes us to rethink American legal culture. It argues that in the United States legal matters are segregated into a separate space with rigidly defined categories. The legal cosmology of Buddhist Tibet brings into question both this autonomous framework and most of the presumptions we have about the very nature of law, from precedent and res judicata to rule formation and closure.
 

Table des matières

Contents
7
PART
17
Chapter 2
41
Introduction
57
Inner Morality and the Buddha
75
Myth and Narrative
83
More Mythic Stories
95
Power and Hierarchy
107
Legal Space and Movement
147
Writing and Documents
155
Chapter 15
173
Introduction
195
Chapter 18
215
Chapter 19
233
PART FOUR
247
Introduction
313

Land Ownership
118
Of Oracles Oaths and Dice
129
The Jurisprudence of Truth
137
Conclusion
341
Notes
349
Droits d'auteur

Autres éditions - Tout afficher

Expressions et termes fréquents

À propos de l'auteur (1995)

Rebecca Redwood French practiced law before obtaining an L.L.M. from Yale Law School and a Ph.D. in Anthropology from Yale University. She is currently an Associate Professor of Law at the University of Colorado.

Informations bibliographiques