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Examining Sri Lanka's religious and legal pasts, this is the first extended study of Buddhism and constitutional law.
It is widely assumed that a well-designed and well-implemented constitution can help ensure religious harmony in modern states. Yet how correct is this assumption? Drawing on groundbreaking research from Sri Lanka, this book argues persuasively for another possibility: when it comes to religion, relying on constitutional law may not be helpful, but harmful; constitutional practice may give way to pyrrhic constitutionalism. Written in a lucid and direct style, and aimed at both specialists and non-specialists, Buddhism, Politics and the Limits of Law explains why constitutional law has deepened, rather than diminished, conflicts over religion in Sri Lanka. Examining the roles of Buddhist monks, civil society groups, political coalitions and more, the book provides the first extended study of the legal regulation of religion in Sri Lanka as well as the first book-length analysis of the intersections of Buddhism and contemporary constitutional law.
Religious freedom has achieved broad consensus as a condition for peace. Faced with reports of a rise in religious violence and a host of other social ills, public, and private actors have responded with laws and policies designed to promote freedom of religion. But what precisely is being promoted? What are the assumptions underlying this response? The contributions to this volume unsettle the assumption that religious freedom is a singular achievement and that the problem lies in its incomplete accomplishment. Delineating the different conceptions of religious freedom predominant in the world today, as well as their histories and political contexts, the contributions make clear that the reasons for violence and discrimination are more complex than is widely acknowledged. The promotion of a single legal and cultural tool meant to address conflict across a wide variety of cultures can have the perverse effect of exacerbating the problems that plague the communities often cited as falling short. -- from back cover.
This volume challenges the concept of Buddhism as an apolitical religion without implications for law.
In the aftermath of the terrorist attacks of September 11, this thought-provoking essay explores the Buddha's teaching to find one prescription: not war, not pacifism but nonviolence.
Traven argues that universal moral beliefs and emotions shaped the evolution of international laws that protect civilians in war.
In 1995, the People’s Republic of China resurrected a Qing-era law mandating that the reincarnations of prominent Tibetan Buddhist monks be identified by drawing lots from a golden urn. The Chinese Communist Party hoped to limit the ability of the Dalai Lama and the Tibetan government-in-exile to independently identify reincarnations. In so doing, they elevated a long-forgotten ceremony into a controversial symbol of Chinese sovereignty in Tibet. In Forging the Golden Urn, Max Oidtmann ventures into the polyglot world of the Qing empire in search of the origins of the golden urn tradition. He seeks to understand the relationship between the Qing state and its most powerful partner in Inner Asia—the Geluk school of Tibetan Buddhism. Why did the Qianlong emperor invent the golden urn lottery in 1792? What ability did the Qing state have to alter Tibetan religious and political traditions? What did this law mean to Qing rulers, their advisors, and Tibetan Buddhists? Working with both the Manchu-language archives of the empire’s colonial bureaucracy and the chronicles of Tibetan elites, Oidtmann traces how a Chinese bureaucratic technology—a lottery for assigning administrative posts—was exported to the Tibetan and Mongolian regions of the Qing empire and transformed into a ritual for identifying and authenticating reincarnations. Forging the Golden Urn sheds new light on how the empire’s frontier officers grappled with matters of sovereignty, faith, and law and reveals the role that Tibetan elites played in the production of new religious traditions in the context of Qing rule.
Myanmar's transition to democracy has been marred by violence between Buddhists and Muslims. While the violence originally broke out between Rakhine Buddhists and Rohingya Muslims, it subsequently emerged throughout the country, impacting Buddhists and Muslims of many ethnic backgrounds. This article offers background on these so-called "communal conflicts" and the rise and evolution of Buddhist nationalist groups led by monks that have spearheaded anti-Muslim campaigns. The authors describe how current monastic political mobilization can be understood as an extension of past monastic activism, and is rooted in traditional understandings of the monastic community's responsibility to defend the religion, respond to community needs, and guide political decision-makers. The authors propose a counter-argument rooted in Theravada Buddhism to address the underlying anxieties motivating Buddhist nationalists while directing them toward peaceful actions promoting coexistence. Additionally, given that these conflicts derive from wider political, economic, and social dilemmas, the authors offer a prescription of complementary policy initiatives.--Résumé de l'éditeur.
A compelling history of the contradictory, often militaristic, role of Zen Buddhism, this book meticulously documents the close and previously unknown support of a supposedly peaceful religion for Japanese militarism throughout World War II. Drawing on the writings and speeches of leading Zen masters and scholars, Brian Victoria shows that Zen served as a powerful foundation for the fanatical and suicidal spirit displayed by the imperial Japanese military. At the same time, the author recounts the dramatic and tragic stories of the handful of Buddhist organizations and individuals that dared to oppose Japan's march to war. He follows this history up through recent apologies by several Zen sects for their support of the war and the way support for militarism was transformed into 'corporate Zen' in postwar Japan. The second edition includes a substantive new chapter on the roots of Zen militarism and an epilogue that explores the potentially volatile mix of religion and war. With the increasing interest in Buddhism in the West, this book is as timely as it is certain to be controversial.
In What Money Can't Buy, renowned political philosopher Michael J. Sandel rethinks the role that markets and money should play in our society. Should we pay children to read books or to get good grades? Should we put a price on human life to decide how much pollution to allow? Is it ethical to pay people to test risky new drugs or to donate their organs? What about hiring mercenaries to fight our wars, outsourcing inmates to for-profit prisons, auctioning admission to elite universities, or selling citizenship to immigrants willing to pay? In his New York Times bestseller What Money Can't Buy, Michael J. Sandel takes up one of the biggest ethical questions of our time: Isn't there something wrong with a world in which everything is for sale? If so, how can we prevent market values from reaching into spheres of life where they don't belong? What are the moral limits of markets? Over recent decades, market values have crowded out nonmarket norms in almost every aspect of life. Without quite realizing it, Sandel argues, we have drifted from having a market economy to being a market society. In Justice, an international bestseller, Sandel showed himself to be a master at illuminating, with clarity and verve, the hard moral questions we confront in our everyday lives. Now, in What Money Can't Buy, he provokes a debate that's been missing in our market-driven age: What is the proper role of markets in a democratic society, and how can we protect the moral and civic goods that markets do not honor and money cannot buy?