The Buddhist Jurisprudence

Email

Whatsapp

Facebook

Pinterest

Twitter

Copy link

The Buddhist Jurisprudence was established by Gotama Buddha, in 6th cent B.C. In the first Buddhist council, Ven Mahakassapa along with five hundred monks chanted and learnt by heart all the laws and were codified in Vinaya Pitaka Unfortunately, so for no one except Dr. Durga Bhagwat had worked on the Buddhist Juriprudence. However it was based only on some Patimokkha-rules. Hence in the present book all rules, regulations and laws which were laid down by the Buddha are critically studied and analysed. The book contains five chapters as follows:-

Chapter I- An Introduction' deals with history of Tisaranani, Palica-Silani, Vows of monks, Upasakas and Uposatha ceremony and all Patimokkha-rules (in brief).

Chapter II- 'Patimokkha Laws of monks' -purpose, rules promulgated for the monks of the foreign-origins, Vassavasa and Pavarana ceremonies; besides seven types of Patimokkha, namely Parajika, Samghadisesa, Nissaggiya, Pacittiya, Patidesciniya, Sekhiya and Adhikarana have been critically examined; Minor-Laws for the monks are also studied.

Chapter III- A struggle of women- deals with struggle of women to open the doors for nunnery. The historical facts have been examined; and seven causes of renunciation are discussed.

Chapter IV- 'History of the struggle of Buddhist women' - deals with why Buddha was reluctant to admit woman in the Order? Why did Buddha accepted women in Order? Atthagarudhammas are critically examined

Chapter V- 'Patimokkha Laws for Nuns' - All the seven items of Patimokkha rules for nuns are explained, the differences are narrated and common laws of both communities are narrated. Besides Minor-Lawas of Nuns are explained.

Dr. Meena Talim is an internationally renowned scholars. She has retired as a Professor and Head of Department of Pali and Ancient Indian Culture, St. Xavier's College, Mumbai (1990). She was first to be awarded Ph.D. in Pali from University of Mumbai (1960), consequently in Maharashtra and first lady-student in India. Her contribution to the subject, in various aspects, social political, historical, literary, medicine and surgery, art and architecture is remarkably significant.

Her publications include Buddhvamsa (1969), Women in early Buddhist Literature (1972), Bagh Paintings-identification and interruption (2002), Science of Medicine & Surgery in Buddhist India (2009), Edicts of King Aioka - a new vision (2010), Life of Women in Buddhist Literature (2010), Ajanta Paintings-Unidentified and Misinterpreted (2012) Bagh Caves-Paintings & Sculptures (2014), Buddhist Art Vol I & II (2014) Buddhist studies, vol I & 11(2015) Sigiriya Paintings of Sri Lanka -Identification & Interpretation (2015), Buddhist Jurisprudence (2017), A Comparative Critical study of Mahavastu Avadeinada and Peilijatakas (forth coming-Asiatic society of Mumbai). She has also contributed more than a hundred research papers to Indological Journals, National & International Seminars, Symposiums and conferences.

Dr. Talim is presently working as a Honorary Professor at K.J. Somaiya Centre for Buddhist studies and visiting Professor at University of Mumbai.

Buddhism is a religion of discipline and not a religion of rituals. Buddha did not believed in God or Niyati (Destiny) but on the capability of a man. Tanha (craving) is the cause of suffering (Dukkha) and one can gets rid of it by following certain rules of discipline. It is an ability of a man if well channelised then one can overcome suffering by himself.

There was a religious upheaval in India in 6th cent. B.C. Amongst many religious heresies Brahmanism, Jainism and Buddhism were most popular religions. Brahmanism had a base of Vedas, Upanishads, Vaignavism and Saivism. It believed in Atman, Gods, Bhakti, Karma, Rebirth and Moksha. Jainism believed in Atman, Karma, Niyati and Sarnsaraguddhi (Purity by transformation). Buddhism believed in Dukkha, Anatta, Anicatta, Karma, Vipaka and Rebirth.

Thus, we notice that some of the philosophical tenets are common in all above three religions. In spite of this, Buddhism totally differed in its manifestation. The foremost difference is Buddha was a historial man and a founder of the religion. Mahavira, though a historical personality was not a founder of Jainism; in his earlier life he was a disciple of Makkhali Gosal, the founder of Ajivaka-sect (a naked sect) and later on he met Pargya Tirthankara and became Jain.

Buddha made every individual responsible for his achievement and failures. He instigated his disciples to follow Majjhima-patipada (a middle path) and discard extreme penances or luxuries. Therefore for the benefit of his disciples, whether a householder or a monk, he made certain code of conduct, rules and regulations, to follow. The first of its kind was `Tisarananr i.e. to 'Take refuge in Buddha', the Founder , the second to `Take refuge in his Dhamma' i.e. his principals and the third; to take refuge in Samgha', the assembly of his monks. These refuges were essential for keeping discipline. He made them obligatory and to recite Tisaranani for three times.

We get historical imformation about Tisaranani. The two merchants named Tapussa abd Bhallaka, from Assam (Ukkala) while trading they arrived at Rajayatana-tree, under which the Buddha was sitting, enjoying spiritual-bliss of liberation. A certain Deity, who was in former life related to these merchants adviced them to offer a cake of barly (sattu) mixed with honey (madhu), sappi (ghee) and jaggary (phanita), to Buddha.

Accordingly, they offered a cake to Buddha, bowed down at his feet and said "Oh lord, we take refuge in you (Bhagavatarn) and your teachings (Dhamma), please accept us as your Upasaka; from to-day on ward till our death. (Upasake no Bhagava dharetu ajjatagge panupete saranath gate' it).

Thus, they were the first lay-devotees who had uttered only two saranani. They were convinced with an advice of the Deity; which means an 'Action of conviction' is necessary before taking refuge in triad.

**Contents and Sample Pages**