The Golden Yoke: The Legal Cosmology of Buddhist TibetCornell 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 |
Autres éditions - Tout afficher
Expressions et termes fréquents
administrative asked Buddha Buddhist bureaucracy Cabinet called caretaker Cathedral Complex central government century Chapter Chinese clerks conciliator Context of Tibet Cosmology of Law crime criminal culture decision document deity Dharamsala dispute district officer Excursus factors father Fifth Dalai Lama former Ganden Ganden Monastery headman High Court household important India individual judge Karma karmic khel khrims king Kungola Kyidong Ladakh land law codes legal cosmology Lhasa Lobsang mandala ment monastery monastic monk monk officer moral murder myth Nepal nomads nonduality oath oracles parties payments peasant person petition petitioner Pitt Rivers Museum Plate Plateau police political present procedure punishment region religious ritual rules Sakya secular sent servants Shelkar Shigatse side social Sonam story symbols Tashi taxes Thirteenth Dalai Lama Thubten Sangye Tibetan Buddhism Tibetan law Tibetan legal system Tibetan Plateau tion truth Tsang University of Oxford village Vinaya Western whipping Zhol