Abstract:
Law is a great elucidation of the role of a government. The fundamental concepts of
law are establishing standards, maintaining order, resolving disputes, and protecting
liberty and rights. A government is made up of the power of the people of a particular
country because a government should be supportive of the people. Law is common
to all and everyone is to be served equally by law enforcers. The purpose of this
paper is to identify the democracy of Buddhist jurisprudence and punishments, as
well as the equality and specifications of Buddhist punishments. The problem
discussed in the paper is to create awareness of what the true purpose of the present
law is. Under the qualitative methodology, the canon and commentaries are used.
The principle which was needed to follow in promulgating Vinaya rules had been
maintained meticulously as mentioned in the canon. The law does not exist for the
law itself, but for the sake of the people. This is somewhat different in the Roman
and Dutch law which is in existence in Sri Lanka. Even baseless obligations can put
someone into court and punish. The Supreme Court has the power to put someone
into jail even when there is no complete evidence available. Many people have been
sentenced to death and life imprisonment without a reason. The system of penalties
the Buddha worked out for the rules is based on two principles. The first one is
training that aims primarily at the development of the mind. The second principle
used in determining penalties is based on the Buddha’s observation of Ven. Ānanda.
The punishments can only be enforced if there are acceptable pieces of evidence,
and if the accuser accepts the offense he or she has committed. Discipline is for the
sake of restraint. Restraint is for the sake of getting freedom from remorse.
Democracy is a depiction of Buddhist jurisprudence and punishments. There is a
great attitude in the Buddhist Vinaya; the condemned one is also accepted as a
worthy person for the company after he is tamed properly.
