Narratives of Buddhist legislation: Textual authority and legal heterodoxy in seventeenth through nineteenth-century Burma

摘要

For more than a century scholars of central and western mainland Southeast Asia have sought to characterise the status of dhammasattha — the predominant genre of written law from the region before colonialism — and define its authority vis-avis Pali Buddhism. For some, dhammasattha texts represent a predominantly 'secular' or 'customary' tradition, while for others they are seen as largely commensurate with, if not directly derived from, the religio-political ideas of a cosmopolitan and purportedly canonical 'Theravada'. However, scholarship has yet to investigate the way that regional authors during the late premodern period themselves understood the character and legitimacy of written law. The present article examines seventeenth through nineteenth-century Burmese narratives concerning the genealogy and status of dhammasattha to advance a pluralist conception of the relationship between law and religion in Southeast Asian history. This analysis addresses a historical context where ideas concerning Buddhist textual authority were in the process of development, and where there were multiple and competing discourses of legal ideology in play. For elite monastic critics closely connected with royalty, dhammasattha stood in problematic relation to authoritative taxonomies of scripture, and its jurisprudence was seen to contradict authorised accounts of the origin and nature of Buddhist law; the genre thus required reform to be brought into alignment with what were construed as orthodox legal imaginaries. The principal hermeneutic move these monastic commentators performed to achieve this involved redescribing dhammasattha in light of such accounts as a variety of Buddhist royal legislation and written law as the prerogative of the Buddhist state.