Buddhism And Law In Tang Dynasty

The topic about law and Buddhism is very valuable. Buddhism obtains permanentmeaning for its ultimate torture for life and word. Law obtains the value of existencefor the maintenance for social order. The authority of law has two aspects: one is theinternal rational authority by rational analysis to establish public faith; one is theexternal enforcement authority by show of force to establish public legal obedience.Law and Buddhism have the following point in common: Buddhism displays its innerreason, discipline displays its external force, fundamentally law and Buddhismpromote themselves through the internal reason and external force. The doctoral thesisof Buddhism and the legal relationship in the Tang Dynasty, is based on the bothgenerality and the interaction between the two, exploring the interaction on the legalsystem of Tang Dynasty and the impact on Buddhism's development.This paper aims to digging the factor of Buddhism in the law in the Tang Dynastythrough the analysis of Buddhism in Tang Dynasty, then analyzes the law onBuddhism in this social phenomenon is specific answer. This paper will Analyz theinfluence of Buddhist Hermeneutics on law sparse, and further clarify the Buddhisttraditional Confucian classical studies through the influence of Buddhism indirecteffects on the traditional legal hermeneutics. The influence of Buddhism to law sparseis a form of Buddhist terms, such as wicked, Wuni etc, are absorbed into the law wordis the name of. The terms of Wicked, Wuni, are related to Buddhism, and contain the Buddhist retribution for good and evil, and all creatures being equal. In the TangDynasty's law system, Buddhist terminology is not only the absorption of the name,but also it is the Buddhist ideas which the law makers agree. Noun absorption is thesurface, what is more important is the Buddhist doctrine into the legal system."Wicked" and "Wuni" become legal terminology with the Buddhist classic, which arepunishable under the evil acts, but the former will be punished by means of realpenalties, the latter is the reality of the precepts means supported by the retribution ofthe afterlife punishment. Buddhist law must be the medium of the individual, whetherthe legislative, the judicial, or the law-abiding, are the main natural individuals,although they have different identities of the emperors, officials or people, so theimpact of Buddhism on the individual consciousness has always been influenced byBuddhism, which is a core part of the law. Only Legislators, the judiciary, and thelaw-abiding by the influence of Buddhism recognize and accept the idea of Buddhism,the influence of Buddhism may be found in the legislative, judicial, law-abiding, andother aspects of the real factors. Legislators play a leading role and directly influencethe development of the law, and the Minister of the Buddhist attitude directly affectsthe legal attitude towards Buddhism and the amount of absorption of Buddhism. TheLaw is formed in Wude and Zhenguan dynasties. The whole social environment inearly Tang dynasty exalt Buddhism, whether Gaozu Taizong or Pei Ji, Xiao Yu, PangXuanling, etc., either devouting to Buddhist, or closely contacting with Buddhistmonks. It is in the backdrop of Buddhist prosperity that the monks as a specialpopulation are included in the scope of the law. In addition to legislators, the judiciary,law-abiding persons are also subject to the influence of Buddhism. Under the premiseof Confucianism recognized in the Tang Dynasty literati concept, through Tang Lin,Bai Juyi, Liu Zongyuan three cases, we can find the Buddhist concept in the depths ofthe officials' ideas, and will influence them in the process engaged in theadministration of justice by the awareness of the depths of the Buddhist concept.Buddhism ban evil and the concept of equality and compassion in the Buddhist at thesame time educate the world, and also strengthen the ordinary law-abiding people'sthe inner morality. When Buddhism influence the laws of the Tang Dynasty from all levels ofpenetration, the legal norms and adjustment of Buddhism is also at the same time.inherited the former specification Buddhist monastery. The Tang government madespecialized Sengge to regulate and adjust the normal development of Buddhism.Faceing the phenomenon of cohabitation of the monks, the Tang governmentdevelops the administrative law to ensure from the source the quality of the Monks tobe severely punished by the criminal law on the various violations. In the process oflegal regulation of Buddhism in the Tang Dynasty, the inevitable conflict happenedbetween the expansion of the secular power and Buddhist monk attitude. The conflict between the Buddhist provisions and the secular society is not endedwith one party's absolute advantage. Although the secular power of the Tang Dynastytakes the absolute advantage, Buddhism embedded with rationality and historicalstand aloof from worldly affairs force the secular law to make certain compromiseswhen combining Buddhism into the secular world. In front of a strong secular power,the stand aloof from worldly affairs of Buddhism had to reduce. Mutual concessionsbetween the two lead the final compromise and integration: Buddhist respect for theadjustment of norms of the secular law, while secular law make special provisions forthe behavior of Monks.It can be said that in the Tang Dynasty, Buddhism and the law, on one side havethe relationship of former's acitve influence and latter's passive acceptance; on theother side, there is conflict between them and eventually they reach a compromise andeven fusion. But this mutual influence of Buddhism and the law does not began in theTang Dynasty and end in Tang Dynasty. The mutual influence of Buddhism and thelaw has occurred before Tang Dynasty, in fact, the paper has already mentioned thatthe reason we chose the Tang Dynasty, is that we consider Buddhism boom in theTang Dynasty and the traditional law reaches its legal maturity. But what's differencebetween the Tang and other dynasties about the interaction of the law and Buddhism,the conflict between Buddhism and law ending with the ultimate fusion orcompromise, interpretation of the impact of confluence of the relationship betweenConfucianism and Buddhism, the impact on the contemporary legal system construction, ect. all deserve further study. But because of my limited aptitude, I amunable to obtain further research results, and I hope I can further my research in thefuture.