Ideas of Transgression and Buddhist Monks |
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Authors: | Malcolm Voyce |
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Institution: | (1) School of Law, Macquarie University, Sydney, NSW, Australia |
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Abstract: | It is implicit in a western understanding of law that law is a series of generalisations, which are universal and which aim
to promote social community. At the same time ‘law’ is expected to operate in a territory (rather than for specific people
or castes) where it applies, and to apply to a community of rights-bearing subjects. Such a view of law may have reflected
part of the values of the European Enlightenment where law was seen as a rational science and where religion has been seen
as excluded from law. An alternative route in the study of law is to study ‘transgressions’. The literature on ‘transgression’
suggests transgressions form an amorphous category and a proper examination of them is not closed by the normal taxonomy between
the studies of ‘law as obedience’ versus ‘laws as violation’. In one sense transgressions are part of the rule, yet a separate
category in their own right. I use the concept of ‘transgression’ to attempt to describe the legal significance of ‘violations’
in the rules of the Buddhist monks (Vinaya). I conclude that a proper consideration of the role of sexual desire in the Vinaya
allows me to show that ‘violations were accepted within an institutional framework, that ‘violators’ were not excluded from
the order of monks and that sexual experience could be seen as an alternative, if controversial, path of spiritual development. |
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