Compared to the enormous literature that has been produced by eminent scholars on the philosophical, ethical or social aspects of Buddhism, little has been written on Buddhist monasticism: and it is mostly the historical and religious aspects that have absorbed the interest of the scholars The legal aspects however, have receded in the back ground and deserves more comprehensive treatment. Unless the laws are properly understood, the study of Buddhist monasticism remains incomplete.
The Theravada Vinaya laws were formulated to govern the lives and activities of the Buddhist monastic order, the Samgha. The Vinaya canon has five books; one of these, the BhhikkuVibhagga gives a list of 227 offences commonly committed by monks and the punishments prescribed for each of these. Similarly there is a text for nuns which lists about a third of these with punishments. The two texts make it clear that men occupied a superior position in the Buddhist Samgha. Though the order of Bhikkunis could boast of former queens as members, yet it was inferior.
These interesting facts can be read from D.N. Bhagvat's books, Early Buddhist Jurisprudence, for the convenience of the modern reader, the author has dealt with his topic under four groups: offences against fellow men, offences against property, offences against the monastic order, and offences against religion. Earlier writers felt shy of writing on matters of sexual offence. This author has tackled this theme boldly.
Law makers, jurists, social workers and all connected with law will find this an extremely valuable addition to their collection. |
