International Journal For Multidisciplinary Research

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Buddhist Jurisprudence: A synthesis of religious morality and secular legal models

Author(s) Dr. PHONG SON PHAM, Prof (Dr.) Vaibhav Goel Bharti, Dr. Champalal Mandrele
Country India
Abstract Abstract
Modern legal systems worldwide are increasingly faced with a perceived crisis of legitimacy and effectiveness. Critics point to its all-encompassing punitiveness, procedural detachment, and lack of engagement with the causes of social and ecological misery. This study argues for a reconsideration of Buddhist philosophy, often neglected in the category of personal ethics, as a rich and, surprisingly, marketable theory of law. The analysis goes beyond a comparative study and establishes a coherent theory of Buddhist Jurisprudence by aligning core doctrinal propositions with the functional implications of modern secular law.
Analysis begins to uncover the jurisprudential potential in Buddhist foundational teachings. It suggests the Four Noble Truths as a diagnostic and prescriptive model for a legal system, and it theorizes law as not an instrument of sovereign fiat, but as a force for the end of systemic suffering (dukkha-nirodha). The central teachings of interdependence (paṭicca-samuppāda) and non-self (anattā) are scrutinized solely to reframe ideas of legal responsibility, personhood, and rights. Moreover, the early monastic law of the Vinaya is investigated not simply as an interesting historical tidbit but as a subtle proto-legal system, critiquing its focus on intent, due process, and reparation.
Based on this theoretical foundation, the study establishes a hybrid legal model. It examines in some depth how a Dhamma approach would transform core areas, such as penal theory, where physical rehabilitation and moral rehabilitation are more critical than punishment; the law of obligations, basing tort and contract in relation-based responsibility and right livelihood; and environmental law, basing a rigorous egocentric jurisprudence on the law of interdependence. The final part addresses the challenges of practical implementation, examining possibilities for incorporating these values through experiments in restorative justice, legislative “Dhamma impact assessments,” and redesigned legal education, apparently adeptly balancing a transformative vision with political pragmatism. Finally, Buddhist Jurisprudence presents a critical and timely model, one that envisions a legal system capable of promoting collective flourishing through compassion, wisdom, and a steadfast commitment to repairing harm.
Keywords Buddhist Jurisprudence, legal systems, legitimacy, effectiveness, punitiveness, suffering, theory, hybrid model, Dhamma, penal theory, rehabilitation, law of obligations, responsibility, environmental law, interdependence, implementation, restorative justice, impact assessments, legal education, compassion, wisdom, repairing harm, personhood, rights, Vinaya.
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Published In Volume 7, Issue 6, November-December 2025
Published On 2025-11-20
DOI https://doi.org/10.36948/ijfmr.2025.v07i06.61155
Short DOI https://doi.org/hbbz55
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