Jurisprudence and Its Foundation in Buddhism

Abstract

The research article aims at comparing jurisprudence in the present time and the origination of Buddhist Dhamma Vinaya. The study consists of the following objectives: 1) to investigate and compare laws with Vinaya (discipline); 2) to enhance skills and knowledge in laws and Vinaya; and 3) to identify that laws in the present time has its foundation in Buddhism. The obtained body of knowledge will be used to develop the management based on Buddhist approaches. The study includes intriguing topics such as the meaning of jurisprudence, which must arise from dhamma and be virtuous in order to acquire a clear system and strategy for establishing rules and disciplines, as well as procedures and procedures for formulating legal provisions. The true laws are those which benefit both people and society. They must be consistent, whether disciplines or jurisprudence. 

The origins of jurisprudence are founded on the five precepts or various dhamma principles, which lead to rules and regulations as an agreement for coexisting peacefully in society. Those who follow the law will not be worried or fearful of punishment, but those who do not follow the law will be afraid of being punished. There are two kinds of laws: those that emphasis power are typically about removing bad people via prohibition and control, while those that stress education are usually about growing a decent person through allocating and providing opportunities. In reality, a society is made up of people at different levels of development; therefore, laws must serve two functions: fostering good people and suppressing bad people. If the system simply sees power, the society would advance toward limits; but, if the system views humans as a society moving toward goodness, then laws must be developed to improve people's quality of life.