The cunning of legal pluralism
Negotiating monism and pluralism in Buddhist law
Bibliographic Data
| ID | 8253237 |
|---|---|
| Authors | Benjamin Schonthal (0000-0002-3091-6576, University of Otago, corresponding author) |
| Year | 2022 |
| Volume | 54 |
| Issue | 1 |
| Pages | 31-47 |
| Publication date | 2022-01-02 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | Legal Pluralism and Critical Social Analysis (JOURNAL) |
| Journal identifiers | ISSN: 2770-6869 • E-ISSN: 2770-6877 |
| Publisher | Informa UK Limited (PUBLISHER • GB) |
| DOI | 10.1080/07329113.2022.2040141 |
| OpenAlex | W4221015358 |
| Language | EN |
| Citations received | 3 |
| References cited | 27 |
Arguments about normative unity and multiplicity dominate a great deal of scholarship on legal pluralism. Yet such arguments are not only advanced by academics, nor are they value-free descriptions of law. Notions of legal unity and multiplicity may also be deployed strategically by the legal actors that scholars study in order to advance their own interests, or criticize others. This article considers this fact, along with its methodological consequences, by highlighting conceits of unity and multiplicity as they operate within Buddhist monastic law in Sri Lanka. Drawing on Buddhist legal texts in Sri Lanka’s main vernacular language of Sinhala as well as the Theravāda Buddhist liturgical language of Pāli, this article illuminates competing theories of legal monism and pluralism operating within traditions of Theravāda Buddhist monastic law. In so doing, it explores the complex politics—of averring or critiquing the self-presentation of legal authorities—that necessarily accompanies the study of religious law and other forms of non-state law
Buddhism · Comparative law · Epistemology · Legal pluralism · Legal realism · Monism · Political science · Sociology · Theology · Vernacular · Indigenous Peoples' Rights and Law · International Law and Human Rights · Judicial and Constitutional Studies · Law · Philosophy
Multicultural Jurisdictions
Beyond Constitutionalism
The Supreme Court, 1982 Term
The Israeli Millet System
Legal pluralism, social theory, and the state
What is Legal Pluralism
The Vinaya and The Dharmaśāstra
Legal Pluralism in Theory and Practice
Legal Pluralism and the Study of Shari'a Courts
The Case for Religious Constitutions
Sangiti and Samaggi
Adjudication in Religious Family Laws
Buddhist Law Against the State? Representing Religion, Law, and Conflict
The Cunning of Recognition
The New Legal Pluralism
The Impossibility of a Buddhist State
The Law of the Oppressed
Legal Pluralism
Buddhist Law beyond the Vinaya
On the Question of "Discipline" (Vinaya) and Nuns in Theravāda Buddhism
Indigeneity and Legal Pluralism in India
| Unique citing works | 3 |
|---|---|
| Citations per year | 0,75 |
| Citation span | 2022 - 2025 (4) |
| Citation velocity | recent |
| Highly cited | No |
| Citation types | Neutral: 3 |