Philosophy of Thai law according in Buddhism dogma

Abstract

            This research purpose was to study doctrine and concept of Thai legal philosophy in comparison between law and Buddhism in the aspect of Thai legal philosophy.This research was done using qualitative approach by collecting information and documents from Phra Phutthakosajarn (P.A.Payutto) and Acharn Sathien Photinanta. The results found strong Brahmin and Buddhism influence in Thai law. Brahmin holds Monotheism as a doctrine with Brahma as a supreme god. In Buddhism, in contrary, was Atheism approach to believes with no god but doctrine “Dhamma” as supremacy teachings. Brahmin principles came from Treatise of Pradhmarmasastra in which the king was a reincarnation of god and derived his power directly from Brahma. In the other hand, Buddhism believes king righteousness was derived from the people with Dhamma reign supreme. King not just go to war but sits on the bench and act as a judge. The death penalty was influenced by Vedas of Brahminism. Thai Judges had to hold the “Indhapath 4”. (Non-bias rules similar to nemo iudex in causa sua or no man judges his own). In present, the doctrine passes on as judges ideals and ethic in justice. Philosohy wise, Buddhism explain law as “Human law” but Brahminism define law as a god giving rules. In Treatise of Manudharmasastra, justice was “Punishment” and the tools to keep society in virtuous way which could be related to Positive law approach of legal principles that depends on effectiveness punishment of the law. Western Philosophy “Ethics vs moral”. Ethics was the ideas that separate humanity from nature, with dominion over it. Even the compromise concept of the doctrine was unable to eradicate the environmental issue. But in Buddhism, Ethics were Promchariya including three aspect of lives which were moral, mindfulness and wisdom.