Legal Ideology in Tibet: Politics, Practice, and Religion

西藏的法制意识形态：政治、实践与宗教

• 批准号: AH/M011496/1
• 负责人: Fernanda Pirie
• 金额: $ 25.25万
• 依托单位: University of Oxford
• 依托单位国家: 英国
• 项目类别: Fellowship
• 财政年份: 2015
• 资助国家: 英国
• 起止时间: 2015 至 无数据
• 项目状态: 已结题
• 来源: https://gtr.ukri.org/projects?ref=AH%2FM011496%2F1
• 关键词: Legal; Ideology; Tibet; Politics; Practice

The relationship between law and religion is one of the great themes of historical legal scholarship, yet the legal realm of Tibet's theocracy has barely been considered from a socio-historic perspective. Nor has it been brought into comparison with scholarship on Islamic, Indic, Christian, and Chinese legal traditions. This project is tracing the different strands that emerged in Tibetan legal thought during one of its formative periods. These are being considered in their social contexts and analysed comparatively, in relation to broader themes in historical legal scholarship. Tibet's theocratic state was founded in the seventeenth century on the basis of harmony between religion and politics. Buddhism, introduced a millennium earlier, provided ideas and concepts with which Tibetan writers developed political and legal ideologies. An ideal of religious law emerged in historical narratives and in lawcodes created for the later government of the Dalai Lamas; legal ideas in theory legitimated both political power and the administration of 'crime' and punishment. Legal thought remained unsystematic, however, largely distant from practice, complicated by a multiplicity of ideas and texts introduced from India, and tensions between the demands of penal practice and Buddhist ethics. While detailed scholarship has been undertaken on individual texts, particularly from later periods, no successful attempt has yet been made to map out broader strands in Tibetan legal thinking. The members of this project are examining texts, ideas, and ideologies dating from a formative period in the development of Tibetan legal thought, the eleventh to the seventeenth centuries. They are tracing the different sources and strands of legal thinking, exploring tensions between them and attempts to reconcile religious, ethical, and jurisprudential ideals. The approach is socio-historical, involving close examination of textual sources, but considering legal, ethical, and religious ideas in their social and political contexts. They are investigating the constraints on, and goals of, Tibetan writers during a long period of Mongol domination, and the influence of these legal ideas on subsequent governmental and administrative texts, culminating in the establishment of Tibet's theocratic government under the Dalai Lamas. Socio-historical and anthropological insights are being brought to bear on a field dominated by textual scholarship, with the goal of developing new perspectives on Tibetan legal thought. The members of the project are working closely with Tibetan scholars, with leading experts on Tibetan legal texts, and with members of an emerging network of social historians to ensure that their conclusions and publications have maximum resonance with, and impact upon, related strands of Tibetan and legal scholarship. They are also undertaking cross-cultural comparison with other legal traditions, in order to explore what is distinctive about Tibet's legal realm and ideologies, and to contribute to wider scholarship on legalism and legal thought. As well as publications on Tibet's legal tradition, this project will culminate in the establishment of a web-based resource, which will incorporate copies, summaries, translations, and indexes of the relevant documents, currently scattered throughout different archives and collections. With summaries in both English and Tibetan, this will represent a collection of valuable material for other scholars and Tibetans, themselves, concerned to understand their history and legal traditions.

它也没有被拿来与伊斯兰、印度、基督教和中国法律传统的学术研究进行比较。这些问题都在其社会背景下加以考虑，并与历史法律学术的更广泛主题进行比较分析。一种宗教法的理想出现在历史叙述和为后来的达赖喇嘛政府制定的法典中；法律思想在理论上使政治权力和“罪”与惩罚的管理都合法化。然而，法律思想仍然是非系统的，很大程度上与实践相距甚远，由于从印度引进的多种思想和文本以及刑罚实践要求与佛教伦理之间的紧张关系而变得复杂。他们追踪法律思想的不同来源和分支，探索它们之间的紧张关系，并试图调和宗教、伦理和法学理想。该方法是社会历史的，涉及文本来源的密切检查，但考虑法律，伦理和宗教思想在他们的社会和政治背景。

项目成果

Comparative Dispute Resolution

比较争议解决

• DOI: 10.4337/9781786433039.00048
• 发表时间: 2020
• 作者: Pirie F

Which two laws? The concept of khrims gnyis in medieval Tibet

哪两条法律？

• 发表时间: 2018
• 期刊: Cahiers d'Extrême-Asie
• 作者: F Pirie

Crossing boundaries: Tibetan studies unlimited

跨越国界：藏学无限

• 发表时间: 2022
• 作者: F. Pirie

Legalism: A Turn to History in the Anthropology of Law

法家：法律人类学的历史转向

• 发表时间: 2019
• 期刊: Clio@Themis
• 作者: F Pirie

On a Day of a Month of the Fire Bird Year. Lumbini: International Research Institute.

火鸟年某月一日。

• 发表时间: 2020
• 作者: F. Pirie