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Nation, Constitutionalism and Buddhism in Sri Lanka offers a new perspective on contemporary debates about Sinhalese Buddhist nationalism in Sri Lanka. In this book de Silva Wijeyeratne argues forcefully that ‘Sinhalese Buddhism’ in the period prior to its engagement with the British colonial State signified a relatively unbounded (although at times boundary forming) set of practices that facilitated both the inclusion and exclusion of non-‘Buddhist’ concepts and people within a particular cosmological frame. Juxtaposing the premodern against the backdrop of colonial modernity, de Silva Wijeyeratne tells us that in contrast modern 'Sinhalese Buddhism/nationalism' is a much more reified and bounded concept, one imagined through a 19th century epistemology whose purpose was not so much inclusion, but a much more radical exclusion of non-‘Buddhist’ ideas and people. In this insightful analysis modern Sinhalese Buddhist nationalism, then, emerges through the conjunction of discourse, power and knowledge at a distinct moment in the trajectory of the colonial State. An intrinsic feature of this modernist moment is that premodern categories (such as the cosmic order) were subject to a bureaucratic re-valuation that generated profound consequences for State-society relations and the wider constitutional/legal imaginary. This book goes onto explore how key constitutional and nation-building moments were framed within the cultural milieu of modern Sinhalese Buddhist nationalism – a nationalism that reveals the power of a re-valued Buddhist cosmic order to still inform the present. Given the intensification of the Sinhalese Buddhist nationalist project following the defeat of the Tamil Tigers in 2009, this book is of interest to scholars of nationalism, South Asian studies, the anthropology of ritual, and comparative legal history.
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.
Shah uncovers the complex interaction between constitutional law, religion and politics in three key plural societies in Asia.
An Indepth Study Of An Historical Perspective On `Ethnicity And Nation Building In Sri Lanka`. Has 5 Chapters Followed By Conclusions And A Bibliography. The Work Posits The `State` As A Central Explanatory Variable In Accounting For Identity Formulation And Nationality Formation Which Has Accounted For The Process Of Nation Building.
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.
In addition to providing an account of the development of the Tamil nationalist movement and civil war in Sri Lanka , this book also explores the relationship between state power and national consciousness more generally. The author, a doctoral candidate at Colombia University, New York, contends that if the worldwide confrontation between judicial states and national self- determination movements is to be resolved or at least eased, a radical restructuring of unitary states is needed. Demands for national self- determination can be seen, in a sense, as struggles for higher forms of democracy. When radical Tamil nationalists, regarded officially as separatist terrorists, propose voluntary pooling of sovereignties between Sinhalese and Tamils, they are articulating a new political vision of statehood where two diverse and sovereign peoples agree to cooperate in certain vital spheres of common concern. The author suggests that such innovative models could well have validity beyond Sri Lanka.
As religious polarisation in society deepens, political actors and policy-makers have begun to struggle with questions on the role of the dominant religion and how religion influences constitutional commitments and development. By focusing on Indonesia, Malaysia and Sri Lanka, Constitutions, Religion and Politics in Asia demonstrates how constitution-making and the operation of constitutional arrangements involving religion cannot be separated from the broader political dynamics of society. Although constitutions establish legal and political structures of government institutions and provide tools for rights protection, they do not operate in a vacuum divorced from the games of power and the political realities surrounding them. Here, Shah sets out how constitutions operate and evolve and demonstrates how constitutional provisions can produce unintended consequences over time. A vital new source of scholarship for students and scholars of law and religion and comparative constitutional law, and those interested in issues of constitutionalism and legal and political history in Asia.
This book is the first to critically analyze Buddhist-Muslim relations in Theravada Buddhist majority states in South and Southeast Asia. Asia is home to the largest population of Buddhists and Muslims. In recent years, this interfaith communal living has incurred conflicts, such as the ethnic-religious conflicts in Myanmar, Sri Lanka, and Thailand. Experts from around the world collaborate to provide a comprehensive look into religious pluralism and religious violence. The book is divided into two sections. The first section provides historical background to the three countries with the largest Buddhist-Muslim relations. The second section has chapters that focus on specific encounters between Buddhists and Muslims, which includes anti-Buddhist sentiments in Bangladesh, the role of gender in Muslim-Buddhist relations and the rise of anti-Muslim and anti-Rohingya sentiments in Myanmar. By exploring historical fluctuations over time—paying particular attention to how state-formations condition Muslim-Buddhist entanglements—the book shows the processual and relational aspects of religious identity constructions and Buddhist-Muslim interactions in Theravada Buddhist majority states.