By Thomas Sowell

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Going Forth, . T. Griffith Foulk, “Chanyan qinggui and Other ‘Rules of Purity’ in Chinese Buddhism,” in Steven Heine and Dale S. ), The Zen Canon: Understanding the Classic Texts (Oxford and New York: Oxford University Press, ), . ), Going Forth, . Introducing Buddhism and Law  process was started by the extremely influential Tendai Buddhist monk, Saich¯o (–), who criticized the Vinaya as “H¯ınay¯ana” and not fit for Tendai monks. As Ruppert says, Saich¯o “interpreted [the Buddhist ordination practice] primarily in terms of the Mah¯ay¯ana ‘perfect precepts’ (endon kai) based on the Brahm¯a Net S¯utra (Ch.

The papers in Part I deal with the Buddhist texts, foundational concepts, and social environments related to the origin and subsequent development of Buddhism in India. They look at a wide range of materials and subject matter, from Indian society around the time of the Buddha to canonical literature as it relates to law, both in a general way and more specifically in terms of textual analyses of Vinaya passages on nuns or legal concepts. All are connected to India, although not exclusively, during the period spanning roughly , years ( BCE– CE).

The many commentaries on the Vinaya provide a window into legal exegesis in Buddhism. The Samantap¯as¯adik¯a, an extremely influential fifthcentury Sri Lankan commentary on the Pali Vinaya, is one of the best known. Written by Buddhaghosa, the most celebrated commentator of the Therav¯ada tradition, this wide-ranging commentary also contains historical narratives and geographical information concerning Buddhism in India and Sri Lanka. A number of chapters in this volume mention Buddhaghosa’s P¯ali commentary, including Andrew Huxley and Christian Lammerts in Chapters  and , respectively, on Burma, where it was an influential and authoritative source of legal reasoning for judges and Vinaya jurists (vinayadhara) who drew on multiple sources of law.

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Judicial Activism Reconsidered (Essays in public policy) by Thomas Sowell
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