The Thai Legal History : Study Influence of Brahminism and Buddhism with Political in Sukhothai and Ayutthaya Period

Abstract

This research objective was to study the principle and concept of Brahminism and Buddhism on society and governance in the age of Sukhothai and Ayutthaya. This research was completed by qualitative approach which focus on documentary study. The result found Brahminism dominance with the principle of “Faith” and gods worshipping. The greatest scripture of Brahminism was the “Vedas”. The supreme gods of Brahminism were Indra, Brahmas, Vishnu and Shiva. In the other hand, Buddhism adhered to Dham or Dhamma as the highest order regarding Karma and Discipline. The influence of Brahminism and Buddhism on society and governance of Thailand in Sukhothai and Ayutthaya period was, in part of Brahminism, to divide the social class into the four castes for duty specification and administrative purposes. In part of Buddhism, the principle was used to established the access of equal opportunity in every part of society. For example, education was accessible to anyone regardless of their social status, etc... Thai King was held as the embodiment of god descended in Brahminism. In Buddhism, King held absolute authority and was chosen by majority of his people. This can be called “The public assumption”. In Sukhothai Era, King was its people father figure which govern the realm with “Paternity” approach. But later, the image of the king was transitioned to the embodiment of god descended as Brahminism principle believes. The relationship between religion and states was mutual coexistence which was different than the separation of church and states principle in western concept. In the certain time, there were significant law such as the first stone inscription, the law on abduction and thievery, Phra Ruang’s Three Planes. In Ayutthaya period, there were great numbers of law which can be categorized as substantive law, procedural law and administrative law. There were influences of Buddhism and Brahminism in the law. These evidences signified the society, administration, law and judicial process in the past which continued its legacy in Thailand’s present legislation.