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| Undetermined Matters: On the Use of Lay Witnesses in Buddhist Monastic Procedural Law | ||
| 作者 | Borgland, Jens Wilhelm (著) |
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| 出處題名 | Buddhism, Law & Society |
| 卷期 | v.2 |
| 出版日期 | 2016-17 |
| 頁次 | 1 - 56 |
| 出版者 | University at Buffalo; William S. Hein & Co., Inc. |
| 出版者網址 | https://www.law.buffalo.edu/ |
| 出版地 | Buffalo, NY, US [水牛城, 紐約州, 美國] |
| 資料類型 | 期刊論文=Journal Article |
| 使用語言 | 英文=English |
| 關鍵詞 | vinaya; buddhist monastic procedural law; witness statement; upāsikā; tatsvabhāvaiṣīya; aniyata; Indian Buddhism |
| 摘要 | This paper investigates one aspect of Buddhist monastic procedural law set forth in the aniyata (“undetermined”) section of the Prātimokṣa/Vibhaṅgas of the extant monastic law codes (vinaya). Here we find rules concerning how to handle cases in which a monk is accused by a trustworthy female lay follower (upāsikā) of having stayed alone in a secluded place with a woman. These rules have hitherto received comparatively little study, most of which has focused on the (Theravāda) Pāli vinaya. By examining the aniyata rules and their canonical commentaries in all six extant vinayas, I show that the treatment of these rules in the Pāli vinaya is not representative of Buddhist monastic law in general, and that the commonly held notion that any punitive legal action taken against a monk at the very least requires that he acknowledge the act, if not the offense with which he stands accused, is in need of revision. This paper further shows that there are significant differences between the Tibetan and Chinese translations of the Vibhaṅga of the Mūlasarvāstivāda vinaya (MSV), and so contributes to recent investigations into multiple MSV traditions. It also discusses some differences and similarities between the different vinayas, especially common elements between the Sarvāstivāda, Mūlasarvāstivāda and Mahāsāṃghika vinayas. |
| 目次 | Abstract 1 On the necessity of acknowledgement 4 The aniyata rules 7 The aniyata sections of the vinayas preserved exclusively in Chinese translation 15 The Sarvāstivāda vinaya 16 The Mahāsāṃghika vinaya 20 The Dharmaguptaka vinaya 21 The Mahīśāsaka vinaya 23 The aniyata rules in the MnjlasarvƗstivƗda vinaya 24 The scope and function of the MSV aniyata rules 25 Possibilities for taking legal action against the monk 30 The aniyata section of the Upāliparipṛcchā 37 Concluding remarks 43 Abbreviations 48 References 49 |
| ISSN | 24759260 (P); 24759279 (E) |
| 點閱次數 | 53 |
| 建檔日期 | 2023.04.12 |
| 更新日期 | 2023.04.12 |
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