Abstract This paper focuses on the conflict of norms in the interface between the “transplanted” formal law and the local social norms in the land-law reforms in Vietnam and Myanmar, each representing different legal families, while sharing commonness in that both have attempted law-making in the post-colonial independence period in order to restore the basis of the livelihoods of the local population. Both of the legal concepts of “land-use right” (quyen su dung dat) in Vietnam and “land-use right for cultivation” (loat paing kwint) in Myanmar have been the product of law-makers’ restorative attempts at farmland security, while intentionally avoiding usage of the term “ownership” that would result in the capitalist transaction of land as a commodity. However, the contemporary land-law reforms led by donor-oriented “legal transplant” in these countries have resulted in the plunder of such policy, by reintroducing the same mechanisms of land exploitation as existed in the colonial days. Roaring protests of the local agricultural population seem to be a rising-up of the social norm descended from the immemorial past as an unwritten Constitution to bring an end to the centuries-long movement of “legal transplant” of the modern capitalist law.
{"title":"Land-Law Reforms in Vietnam and Myanmar: “Legal Transplant” Viewed from Asian Recipients","authors":"Yuka Kaneko","doi":"10.1017/als.2020.45","DOIUrl":"https://doi.org/10.1017/als.2020.45","url":null,"abstract":"Abstract This paper focuses on the conflict of norms in the interface between the “transplanted” formal law and the local social norms in the land-law reforms in Vietnam and Myanmar, each representing different legal families, while sharing commonness in that both have attempted law-making in the post-colonial independence period in order to restore the basis of the livelihoods of the local population. Both of the legal concepts of “land-use right” (quyen su dung dat) in Vietnam and “land-use right for cultivation” (loat paing kwint) in Myanmar have been the product of law-makers’ restorative attempts at farmland security, while intentionally avoiding usage of the term “ownership” that would result in the capitalist transaction of land as a commodity. However, the contemporary land-law reforms led by donor-oriented “legal transplant” in these countries have resulted in the plunder of such policy, by reintroducing the same mechanisms of land exploitation as existed in the colonial days. Roaring protests of the local agricultural population seem to be a rising-up of the social norm descended from the immemorial past as an unwritten Constitution to bring an end to the centuries-long movement of “legal transplant” of the modern capitalist law.","PeriodicalId":54015,"journal":{"name":"Asian Journal of Law and Society","volume":"8 1","pages":"402 - 428"},"PeriodicalIF":0.8,"publicationDate":"2021-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43250309","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract Although the figure of the wise judge may be a universal trope, respect is not automatically accorded every person who passes judgment on another. To be perceived as legitimate, judges must occupy an institutional status with the power to decide controverted cases and must have access to specialized or even sacred knowledge and moral authority. Historically, Asian judges could claim legitimacy through their connection to transcendent legal principles, such as dhamma or dao or shari’a. In contemporary Asia, however, conceptions of law and legal legitimacy have become pluralistic, contested, and contradictory. Judges may to some extent retain a connection to the sacred and the transcendent, yet that connection is no longer sufficient in itself to insulate their judgments—or their character—from criticism. How, then, can the “good judge” be distinguished from judges who fall short of the mark? In this Special Issue, five distinguished scholars explore the crisis of legitimation as it affects judging and judgment in Sri Lanka, India, China, Indonesia, and Thailand.
{"title":"Judging and Judgment in Contemporary Asia: Editor’s Introduction to this Special Issue","authors":"D. M. Engel","doi":"10.1017/als.2020.25","DOIUrl":"https://doi.org/10.1017/als.2020.25","url":null,"abstract":"Abstract Although the figure of the wise judge may be a universal trope, respect is not automatically accorded every person who passes judgment on another. To be perceived as legitimate, judges must occupy an institutional status with the power to decide controverted cases and must have access to specialized or even sacred knowledge and moral authority. Historically, Asian judges could claim legitimacy through their connection to transcendent legal principles, such as dhamma or dao or shari’a. In contemporary Asia, however, conceptions of law and legal legitimacy have become pluralistic, contested, and contradictory. Judges may to some extent retain a connection to the sacred and the transcendent, yet that connection is no longer sufficient in itself to insulate their judgments—or their character—from criticism. How, then, can the “good judge” be distinguished from judges who fall short of the mark? In this Special Issue, five distinguished scholars explore the crisis of legitimation as it affects judging and judgment in Sri Lanka, India, China, Indonesia, and Thailand.","PeriodicalId":54015,"journal":{"name":"Asian Journal of Law and Society","volume":"8 1","pages":"199 - 205"},"PeriodicalIF":0.8,"publicationDate":"2021-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48449326","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract Since the fall of socialism in Eastern Europe, the former Soviet Union, and some states of Southeast Asia, the international financial institutions and individual donor states have initiated wide-scale legal-aid programmes to assist these states in their transition from socialism to a market economy. Whereas the aid from financial institutions vis-à-vis recipient states is often agreed upon specific conditionalities, the donor states design their foreign legal aid according to individual preferences, although sometimes with references to universal goals. Currently, various donor states provide legal aid to Uzbekistan. Given the fact that Uzbekistan is the former Soviet Republic that still bears multiple traces of a socialist legal system and additionally integrates indigenous informal law, this research provides an analysis of how different donor states base their legal-aid activities on entirely different philosophies and levels of gravity, and how receptive the hybrid structure of Uzbekistan’s law is towards such aid.
{"title":"Do Hybrid Legal Systems Matter in Foreign Legal-Aid Programmes? Some Philosophical Aspects of Legal Aid in Uzbekistan as Provided by the Donor States","authors":"Aziz Ismatov","doi":"10.1017/als.2020.44","DOIUrl":"https://doi.org/10.1017/als.2020.44","url":null,"abstract":"Abstract Since the fall of socialism in Eastern Europe, the former Soviet Union, and some states of Southeast Asia, the international financial institutions and individual donor states have initiated wide-scale legal-aid programmes to assist these states in their transition from socialism to a market economy. Whereas the aid from financial institutions vis-à-vis recipient states is often agreed upon specific conditionalities, the donor states design their foreign legal aid according to individual preferences, although sometimes with references to universal goals. Currently, various donor states provide legal aid to Uzbekistan. Given the fact that Uzbekistan is the former Soviet Republic that still bears multiple traces of a socialist legal system and additionally integrates indigenous informal law, this research provides an analysis of how different donor states base their legal-aid activities on entirely different philosophies and levels of gravity, and how receptive the hybrid structure of Uzbekistan’s law is towards such aid.","PeriodicalId":54015,"journal":{"name":"Asian Journal of Law and Society","volume":"8 1","pages":"351 - 371"},"PeriodicalIF":0.8,"publicationDate":"2021-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46149828","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract In May 2018, Artidjo Alkostar retired from the Supreme Court of Indonesia after a judicial career spanning almost two decades. Over this period, he presided over many of Indonesia’s most prominent and controversial criminal cases and became renowned for routinely rejecting corruption appeals and increasing prison sentences. In the celebratory publications that marked his retirement, Alkostar was held up as a model judge, with senior legal figures, including Supreme Court judges, singling out his strong work ethic, integrity, simplicity of character, and firmness. Curiously absent from the list of praiseworthy attributes were pre-requisites for effective judging, including adequate legal knowledge, transparent legal reasoning and decision-making, objectivity and avoiding the perception of bias. An analysis of Alkostar’s most notorious decisions suggests that he, and the judges who served with him, did not always clearly display these pre-requisites. This article considers what this says about judging in Indonesia and what might, in practice, be the defining characteristics of a good judge there.
{"title":"What Makes a Good Judge? Perspectives from Indonesia","authors":"S. Butt","doi":"10.1017/als.2020.27","DOIUrl":"https://doi.org/10.1017/als.2020.27","url":null,"abstract":"Abstract In May 2018, Artidjo Alkostar retired from the Supreme Court of Indonesia after a judicial career spanning almost two decades. Over this period, he presided over many of Indonesia’s most prominent and controversial criminal cases and became renowned for routinely rejecting corruption appeals and increasing prison sentences. In the celebratory publications that marked his retirement, Alkostar was held up as a model judge, with senior legal figures, including Supreme Court judges, singling out his strong work ethic, integrity, simplicity of character, and firmness. Curiously absent from the list of praiseworthy attributes were pre-requisites for effective judging, including adequate legal knowledge, transparent legal reasoning and decision-making, objectivity and avoiding the perception of bias. An analysis of Alkostar’s most notorious decisions suggests that he, and the judges who served with him, did not always clearly display these pre-requisites. This article considers what this says about judging in Indonesia and what might, in practice, be the defining characteristics of a good judge there.","PeriodicalId":54015,"journal":{"name":"Asian Journal of Law and Society","volume":"8 1","pages":"282 - 323"},"PeriodicalIF":0.8,"publicationDate":"2021-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44857971","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract The Indian Supreme Court has long enjoyed an almost mythic reputation for progressive and creative jurisprudence, but a series of recent scandals is beginning to erode this well-settled authority. One of the most troubling of these incidents has been an allegation of sexual harassment and intimidation by a Court staffer against then sitting Chief Justice of India (CJI) Ranjan Gogoi. This article draws on media analysis and ethnographic research conducted in the immediate aftermath of the “CJI Scandal” to explore what it means for judges and judging in contemporary India. I argue that the justices’ response to the allegations are part of a broader shift in Indian judging. Far from being the product of an institution imbued with mythic qualities, judging in India is increasingly coming to represent an example of mythos, or “an assertive discourse of power and authority … something to be believed and obeyed.”
{"title":"From Mythic Saviours to #MeToo at the Indian Supreme Court","authors":"Deepa Das Acevedo","doi":"10.1017/als.2021.20","DOIUrl":"https://doi.org/10.1017/als.2021.20","url":null,"abstract":"Abstract The Indian Supreme Court has long enjoyed an almost mythic reputation for progressive and creative jurisprudence, but a series of recent scandals is beginning to erode this well-settled authority. One of the most troubling of these incidents has been an allegation of sexual harassment and intimidation by a Court staffer against then sitting Chief Justice of India (CJI) Ranjan Gogoi. This article draws on media analysis and ethnographic research conducted in the immediate aftermath of the “CJI Scandal” to explore what it means for judges and judging in contemporary India. I argue that the justices’ response to the allegations are part of a broader shift in Indian judging. Far from being the product of an institution imbued with mythic qualities, judging in India is increasingly coming to represent an example of mythos, or “an assertive discourse of power and authority … something to be believed and obeyed.”","PeriodicalId":54015,"journal":{"name":"Asian Journal of Law and Society","volume":"8 1","pages":"226 - 254"},"PeriodicalIF":0.8,"publicationDate":"2021-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42144430","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract Legal scholars tend to understand dignity as an intrinsic value that each individual gains at birth. This article aims to rethink dignity from a relational perspective. As dignity is highly dependent on other people’s judgement and evaluations in China, I use “relational dignity” to stress the precarious and relational nature of dignity in societies in which people attach great importance to guanxi networks. I discuss how relational dignity and state law interact to shape leftover women’s choices in marriage and childbearing. The precarious and relational nature of dignity motivates leftover women to follow dominant social norms in order to fit in. As a result, it reinforces state law’s discrimination against unmarried women and single mothers. On the other hand, the rubber-stamp quality of state law enables leftover women to use legal recognition to win societal recognition and attain relational dignity.
{"title":"Relational Dignity, State Law, and Chinese Leftover Women’s Choices in Marriage and Childbearing","authors":"Qianni Liu","doi":"10.1017/als.2020.43","DOIUrl":"https://doi.org/10.1017/als.2020.43","url":null,"abstract":"Abstract Legal scholars tend to understand dignity as an intrinsic value that each individual gains at birth. This article aims to rethink dignity from a relational perspective. As dignity is highly dependent on other people’s judgement and evaluations in China, I use “relational dignity” to stress the precarious and relational nature of dignity in societies in which people attach great importance to guanxi networks. I discuss how relational dignity and state law interact to shape leftover women’s choices in marriage and childbearing. The precarious and relational nature of dignity motivates leftover women to follow dominant social norms in order to fit in. As a result, it reinforces state law’s discrimination against unmarried women and single mothers. On the other hand, the rubber-stamp quality of state law enables leftover women to use legal recognition to win societal recognition and attain relational dignity.","PeriodicalId":54015,"journal":{"name":"Asian Journal of Law and Society","volume":"8 1","pages":"151 - 167"},"PeriodicalIF":0.8,"publicationDate":"2021-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1017/als.2020.43","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42200188","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract In this paper, I want to focus on some aspects of the political process in India that have an impact on the treatment of religious minorities. Much of the discussion on multicultural jurisdictions deals with differentiated citizenship rights that allow religious groups to maintain their normative universe. This literature shows the tensions surrounding individual and group rights. I want to approach the question of religious freedom from a rather different angle. I want to first focus on the protection of bare life in the face of religious violence and then examine the issue of conversion from one religion to another. The issues of human security and conversion are linked in India, since Hindu nationalists see Muslims as forcibly converted Hindus who should be reconverted. To highlight the importance of majoritarian nationalism rather than political systems in the treatment of religious minorities, I offer a brief comparison with China.
{"title":"Minority Rights and Hindu Nationalism in India","authors":"P. van der Veer","doi":"10.1017/als.2020.51","DOIUrl":"https://doi.org/10.1017/als.2020.51","url":null,"abstract":"Abstract In this paper, I want to focus on some aspects of the political process in India that have an impact on the treatment of religious minorities. Much of the discussion on multicultural jurisdictions deals with differentiated citizenship rights that allow religious groups to maintain their normative universe. This literature shows the tensions surrounding individual and group rights. I want to approach the question of religious freedom from a rather different angle. I want to first focus on the protection of bare life in the face of religious violence and then examine the issue of conversion from one religion to another. The issues of human security and conversion are linked in India, since Hindu nationalists see Muslims as forcibly converted Hindus who should be reconverted. To highlight the importance of majoritarian nationalism rather than political systems in the treatment of religious minorities, I offer a brief comparison with China.","PeriodicalId":54015,"journal":{"name":"Asian Journal of Law and Society","volume":"8 1","pages":"44 - 55"},"PeriodicalIF":0.8,"publicationDate":"2021-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1017/als.2020.51","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48433761","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
evidences from 38 Asian countries and a ton of bibliographic references, the book is a great addition to the burgeoning archives of demographic literature. Their analysis to relate the contraceptive-method mix to family-planning programmes, however, is lacking on multiple fronts. With a lengthy discussion on method-choice theories and conceptual frameworks, the study shapes up very structurally, and yet writings in later chapters are in the mould of a narrative analysis. For instance, the eight key points presented in the conclusion have not been included in the analytic structure and exist only as a suggestive corollary to the observations from country-level analysis. Although this is stylistically congruent with the three policy chapters and with the authors’ claim of it being an “explorative study” and “not all-encompassing,” its discord with the first couple of chapters is quite glaring. It is this epistemic dissonance between a structural and a narrative form of analysis that prevents a truly harmonious synthesis. The book is an explorative study; examined exclusively with literary sources, it attempted to find the causal link between contraceptive choice and population policies. To what extent it has succeeded in that pursuit is debatable, but its value as an introductory read is undeniable. Although not groundbreaking in its findings, a comprehensible narrative style and a lucid prose largely devoid of academic jargon make it a preliminary read not just for demographers, but also for a wide array of practitioners and researchers in the fields of population and health studies and science policy, bureaucrats, and policymakers for both state and non-state organizations, and even for a larger audience not directly related to academia.
{"title":"Civil juries in Okinawa’s past and Japan’s future","authors":"Colin P. A. Jones","doi":"10.1017/als.2021.12","DOIUrl":"https://doi.org/10.1017/als.2021.12","url":null,"abstract":"evidences from 38 Asian countries and a ton of bibliographic references, the book is a great addition to the burgeoning archives of demographic literature. Their analysis to relate the contraceptive-method mix to family-planning programmes, however, is lacking on multiple fronts. With a lengthy discussion on method-choice theories and conceptual frameworks, the study shapes up very structurally, and yet writings in later chapters are in the mould of a narrative analysis. For instance, the eight key points presented in the conclusion have not been included in the analytic structure and exist only as a suggestive corollary to the observations from country-level analysis. Although this is stylistically congruent with the three policy chapters and with the authors’ claim of it being an “explorative study” and “not all-encompassing,” its discord with the first couple of chapters is quite glaring. It is this epistemic dissonance between a structural and a narrative form of analysis that prevents a truly harmonious synthesis. The book is an explorative study; examined exclusively with literary sources, it attempted to find the causal link between contraceptive choice and population policies. To what extent it has succeeded in that pursuit is debatable, but its value as an introductory read is undeniable. Although not groundbreaking in its findings, a comprehensible narrative style and a lucid prose largely devoid of academic jargon make it a preliminary read not just for demographers, but also for a wide array of practitioners and researchers in the fields of population and health studies and science policy, bureaucrats, and policymakers for both state and non-state organizations, and even for a larger audience not directly related to academia.","PeriodicalId":54015,"journal":{"name":"Asian Journal of Law and Society","volume":"8 1","pages":"183 - 191"},"PeriodicalIF":0.8,"publicationDate":"2021-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1017/als.2021.12","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49569582","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
tocols and on the prospect that accession to the agreement could be extended from regional to international in the future. Given the grave and persistent problems of cross-border air pollution in various parts of Asia, it is appropriate to ask whether the air-pollution Convention, together with the protocols, can offer an adequate regime in response. Chapter Eight summarizes illustrations of implementation and the respect of individual legal instruments in the Central Asian states, which is a part of Asia with the maximum acceptance of the associated treaties as well as protocols. The states in Central Asia are initially seen as an independent geopolitical subregion, where the environmental challenges are well outlined and the specific role of UNECE is appropriately addressed. In this chapter, the different approaches to the EIA, which is also known as “state ecological competence,” is thoroughly explained in order to establish the framework for which the practice with legal agreements has brought particular challenges. Chapter Nine concludes with lessons from the experiences of the Central Asian states for the rest of Asia and the world to answer the related as well as central research questions posed in Chapter One. Ultimately, it would be fair enough to comment that the overarching strength of this book lies in its incredibly thorough articulation of international environmental reforms to address the various transboundary environmental challenges, which can, in reality, mutate once they are translated into the domestic or regional policy arena. Such a comprehensive and detailed scholarship is a treasured contribution to the literature about transboundary environmental governance, particularly in Asian settings.
{"title":"International Law for Freedom","authors":"Robin Gabriel","doi":"10.1017/ALS.2021.13","DOIUrl":"https://doi.org/10.1017/ALS.2021.13","url":null,"abstract":"tocols and on the prospect that accession to the agreement could be extended from regional to international in the future. Given the grave and persistent problems of cross-border air pollution in various parts of Asia, it is appropriate to ask whether the air-pollution Convention, together with the protocols, can offer an adequate regime in response. Chapter Eight summarizes illustrations of implementation and the respect of individual legal instruments in the Central Asian states, which is a part of Asia with the maximum acceptance of the associated treaties as well as protocols. The states in Central Asia are initially seen as an independent geopolitical subregion, where the environmental challenges are well outlined and the specific role of UNECE is appropriately addressed. In this chapter, the different approaches to the EIA, which is also known as “state ecological competence,” is thoroughly explained in order to establish the framework for which the practice with legal agreements has brought particular challenges. Chapter Nine concludes with lessons from the experiences of the Central Asian states for the rest of Asia and the world to answer the related as well as central research questions posed in Chapter One. Ultimately, it would be fair enough to comment that the overarching strength of this book lies in its incredibly thorough articulation of international environmental reforms to address the various transboundary environmental challenges, which can, in reality, mutate once they are translated into the domestic or regional policy arena. Such a comprehensive and detailed scholarship is a treasured contribution to the literature about transboundary environmental governance, particularly in Asian settings.","PeriodicalId":54015,"journal":{"name":"Asian Journal of Law and Society","volume":"8 1","pages":"194 - 197"},"PeriodicalIF":0.8,"publicationDate":"2021-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1017/ALS.2021.13","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49321317","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract Triggered by the sense of crisis, the Thai state and Thai Buddhism are renewing their traditional relationship kindled by the monarch-led reform over a century ago. Thai Buddhism is reviving its lost aura and hegemony while the political conservatives are looking for legitimacy and collective identity in a time of democratic regression. The result is the rise of the Buddhist-nationalistic movement, Buddhist-as-Thainess notion. The phenomenon has grown more mainstream in recent years. These extreme Buddhists pressure the government to adopt a new constitutional relationship that brings the two entities closer to a full establishment. They also target both religious minorities as well as non-mainstream Buddhists. The revival of Buddhist nationalism foretells rising tension as well as diminishing religious freedom.
{"title":"The Revival of Buddhist Nationalism in Thailand and Its Adverse Impact on Religious Freedom","authors":"Khemthong Tonsakulrungruang","doi":"10.1017/als.2020.48","DOIUrl":"https://doi.org/10.1017/als.2020.48","url":null,"abstract":"Abstract Triggered by the sense of crisis, the Thai state and Thai Buddhism are renewing their traditional relationship kindled by the monarch-led reform over a century ago. Thai Buddhism is reviving its lost aura and hegemony while the political conservatives are looking for legitimacy and collective identity in a time of democratic regression. The result is the rise of the Buddhist-nationalistic movement, Buddhist-as-Thainess notion. The phenomenon has grown more mainstream in recent years. These extreme Buddhists pressure the government to adopt a new constitutional relationship that brings the two entities closer to a full establishment. They also target both religious minorities as well as non-mainstream Buddhists. The revival of Buddhist nationalism foretells rising tension as well as diminishing religious freedom.","PeriodicalId":54015,"journal":{"name":"Asian Journal of Law and Society","volume":"8 1","pages":"72 - 87"},"PeriodicalIF":0.8,"publicationDate":"2021-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1017/als.2020.48","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45114451","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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