1 00:00:02,330 --> 00:00:11,600 So that speaker is sort of the answer, but the answer is a junior professor of respected studies in Leipzig and also holds a Dutch Research 2 00:00:11,600 --> 00:00:19,190 Foundation grant for a project on the relationship between the visitor will be more than that. 3 00:00:19,190 --> 00:00:46,730 So her papers hold the role in my own speeches and especially since. 4 00:00:46,730 --> 00:01:01,020 So. OK. 5 00:01:01,020 --> 00:01:10,000 Well, I'm very happy to be here in person for an in-person or hybrid conference. 6 00:01:10,000 --> 00:01:18,120 I know for the first time in many, many months at the same time, it's also sort of a bittersweet experience. 7 00:01:18,120 --> 00:01:26,160 It's really sweet to be in this place where I studied for two years and had a wonderful time. 8 00:01:26,160 --> 00:01:31,400 It's also better that our friends, Stefano, is not here. 9 00:01:31,400 --> 00:01:48,650 Oh, he's sorely missed. And with that story, a little bit emotional, I think I'll just start by telling you a story, a bit of a silly story, 10 00:01:48,650 --> 00:01:58,700 perhaps, and some of you who are well-versed in what these stories may have heard this before. 11 00:01:58,700 --> 00:02:09,920 So once upon a time in a land that may or may not have been India, there was a Brahmin named standing. 12 00:02:09,920 --> 00:02:21,980 And as Brahmins often are in Buddhist narratives, Dundon was not the sharpest tool in the shed in a series of unfortunate events. 13 00:02:21,980 --> 00:02:29,780 He managed to, amongst other things, and these are just a few accidentally lose his neighbours oxen. 14 00:02:29,780 --> 00:02:36,440 He manages to kill someone's mayor by throwing a stone at it, trying to catch it. 15 00:02:36,440 --> 00:02:47,710 He kills someone's husband by landing on him on top of him, and then he also kills a baby by sitting down with him. 16 00:02:47,710 --> 00:02:57,880 What happens is that the aggrieved victims then touch him and they travel to the royal court and to have him, 17 00:02:57,880 --> 00:03:01,930 you know, to have justice being being done. 18 00:03:01,930 --> 00:03:06,010 And at that court, there is the famed unjust king. 19 00:03:06,010 --> 00:03:11,830 Others Schumacher. And they want him to punish London. 20 00:03:11,830 --> 00:03:23,290 Now, don't then. Well, you know, other Schumacher then here is all the accusations brought against London. 21 00:03:23,290 --> 00:03:33,880 But to the dismay of the plaintiffs, he decides on punishments that actually also affect the plaintiff plaintiffs. 22 00:03:33,880 --> 00:03:42,640 So to the person who lost his auction, he says, Well, Kate Dundon returned your cattle but did not tell you. 23 00:03:42,640 --> 00:03:50,020 So his tongue should be cut off. But you did not tie them up and they ran away. 24 00:03:50,020 --> 00:04:00,550 So your hands should be cut off. The widow who lost her husband due to Duncan's actions, was told that she should then marry Dundon instead. 25 00:04:00,550 --> 00:04:06,580 That would make up for her loss, and the mother whose baby Dundon killed, 26 00:04:06,580 --> 00:04:15,130 was deemed guilty for wrapping her baby so well that she couldn't be seen and and therefore adoption. 27 00:04:15,130 --> 00:04:26,470 Mukha the King told her that her hands should be cut off, while Dundon should have his eyes gouged out for not looking where he sat down. 28 00:04:26,470 --> 00:04:37,230 So, needless to say, all the plaintiffs decided actually to drop their cases and then gets off Scot scot free. 29 00:04:37,230 --> 00:04:44,220 And here, perhaps this also is some sort of inconsistency, at least to the modern mind. 30 00:04:44,220 --> 00:04:51,040 The hero of the story is the wise judge at the Mukha. 31 00:04:51,040 --> 00:05:05,310 So. So would ologist may recognise this story as being a to go in which the just king adduction mukha was, of course. 32 00:05:05,310 --> 00:05:10,040 And when you put the previous birth? 33 00:05:10,040 --> 00:05:24,740 And you see it is featured in a number of settings which which are listed here, but those specialised in what is studies. 34 00:05:24,740 --> 00:05:38,570 However, they may recognise the story of muka melanoma in Mira face in Tibetan as being featured in the Forgotten Scholars Feast, 35 00:05:38,570 --> 00:05:43,190 which is a midcentury a 16th century text by Zoopla. 36 00:05:43,190 --> 00:05:50,930 And and it is in the context of a government chapter of government and law. 37 00:05:50,930 --> 00:05:54,620 This is where we find the story or at least a part of it. 38 00:05:54,620 --> 00:06:08,610 And the story told in the quite a succinct, succinct way serves to illustrate a law in which two parties get tried in court together. 39 00:06:08,610 --> 00:06:20,400 And there may be yet a smaller group of you, the very few scholars who specialise in the history of Tibetan law, 40 00:06:20,400 --> 00:06:24,990 but then may also recognise the protagonist of this narrative. 41 00:06:24,990 --> 00:06:28,140 And here I come to the point of all of this, 42 00:06:28,140 --> 00:06:37,320 as featuring in the Tibetan legal texts that served as foundational bases to the practise of law in Tibet. 43 00:06:37,320 --> 00:06:42,960 These are generally called the pronouncements or [INAUDIBLE] in Tibetan. 44 00:06:42,960 --> 00:06:54,660 Now, there are several of such texts with different numbers of articles, so you should do 13, 15, 16 12. 45 00:06:54,660 --> 00:07:02,550 So one version of these search for pronouncement in inserting articles states as its 46 00:07:02,550 --> 00:07:10,080 final line that the work is inspired by those laws created by the King of Old Adoption, 47 00:07:10,080 --> 00:07:15,700 Mukha, and also by the former Roger and. 48 00:07:15,700 --> 00:07:20,840 Yet another version of the pronouncements and 13 articles. 49 00:07:20,840 --> 00:07:29,540 Which is entitled The Legal Text in 13 articles created by the term Avenger of Old Sultan Gumbel. 50 00:07:29,540 --> 00:07:31,940 So you should get something. 51 00:07:31,940 --> 00:07:44,530 Zip it to me, it's just dropped some names the very first article that of King of the Sugar and but it also has another name, Nemo Landing. 52 00:07:44,530 --> 00:07:48,500 It should be the law that concerns government officials. 53 00:07:48,500 --> 00:08:00,320 And that particular article emphasises that officials should abandon self-interest and that they should only work for the benefits of the government. 54 00:08:00,320 --> 00:08:06,300 And while working for the government, they would serve the Buddhist teachings. 55 00:08:06,300 --> 00:08:11,040 So there is some more to say about this story. 56 00:08:11,040 --> 00:08:23,470 Its features also in the government have done the job of the, for example, and you even have the story, and I don't know how that happened. 57 00:08:23,470 --> 00:08:28,440 Well. In the Slavic folk tradition, 58 00:08:28,440 --> 00:08:40,140 where you have some yucca who is then Dundon and and where actually the conclusion is the exact opposite yucca 59 00:08:40,140 --> 00:08:51,390 triumphs and but actually the court or the justice that has been done is sort of an example of of a corrupt court, 60 00:08:51,390 --> 00:08:54,990 corrupt justice. So I've been told that in Russian. 61 00:08:54,990 --> 00:09:06,000 Still, a US court in suit is a way of saying this is a rubbish justice and it is a corrupt court. 62 00:09:06,000 --> 00:09:11,580 So you have in Slavic traditions the exact opposite thing going on. 63 00:09:11,580 --> 00:09:19,760 Anyway, this is just an aside. And Michael Hahn has done a very nice article on. 64 00:09:19,760 --> 00:09:35,590 The above just Jessica's mother. And where he sort of shows how this relates in the textual traditions. 65 00:09:35,590 --> 00:09:41,410 Let's leave this this story aside for a moment. 66 00:09:41,410 --> 00:09:58,090 And think return to Tibetan law and actually where it comes from and where the inspiration for for law comes from in Tibet now, 67 00:09:58,090 --> 00:10:12,610 all students that are serious about Tibetan studies will at one point or other read a seminal work that holds the Tibetan civilisation. 68 00:10:12,610 --> 00:10:19,570 And in this standard work stances that according to the Tibetan worldview, the tarmac comes from India. 69 00:10:19,570 --> 00:10:26,530 But the law originates in China, so it says in any case, India is always the land of religion. 70 00:10:26,530 --> 00:10:35,430 The country of secular laws is China. It is therefore surprising. 71 00:10:35,430 --> 00:10:41,700 That according to these legal texts themselves and have been working on these for a number of years now, 72 00:10:41,700 --> 00:10:53,040 the legal codes were based on those created by other Mukha very Indic figure and also by the done with adjustments and Gumbel, 73 00:10:53,040 --> 00:11:01,080 someone who is of course, credited with introducing Buddhism into Tibet, of course, from India. 74 00:11:01,080 --> 00:11:09,000 Now, Stein sons own research focus actually sort of belies this statement that lawyers from China, 75 00:11:09,000 --> 00:11:16,500 because this very claim is made in the guesser and this is something that's worked on a lot. 76 00:11:16,500 --> 00:11:29,540 And George Petrovich, who is here, has also worked on or has published an article on law in the Ghetto Ethics. 77 00:11:29,540 --> 00:11:41,360 But so there you find this claim. But the legal texts themselves do not claim the law's origins in China or in the case are ethics for that matter. 78 00:11:41,360 --> 00:11:49,990 But. In the Buddhist tradition that was introduced to Tibet from India. 79 00:11:49,990 --> 00:11:57,040 So the details of the narrative of those Sham Mukha that are featured in the Feast 80 00:11:57,040 --> 00:12:03,450 of Scholars corresponds most closely to that found in The Last of US by the veneer, 81 00:12:03,450 --> 00:12:15,110 the the virtue, which is, of course, by definition, not a Mahayana text, but nonetheless very significant for Tibet's high tradition. 82 00:12:15,110 --> 00:12:23,150 Now I will get back to the potential significance of this fact later on. 83 00:12:23,150 --> 00:12:32,720 The reference to one of the earlier lives of the Buddha is not the only connexion to India texts. 84 00:12:32,720 --> 00:12:38,300 Perhaps unsurprisingly, legal texts in Tibet. 85 00:12:38,300 --> 00:12:47,750 Tibetan legal texts contain a number of quotations from the Saron, a perverse sutra and from Nagarjuna novelty, 86 00:12:47,750 --> 00:12:58,100 and the latter text is actually extensively quoted in one of the earlier legal works, which has been translated by none the than Charles Manson. 87 00:12:58,100 --> 00:13:05,600 The mirror of the two lost $2 million, which can be tentatively dated to the 14th century. 88 00:13:05,600 --> 00:13:16,070 Then this section cited actually deals with the ten non virtues and the karmic effects they are seem to have. 89 00:13:16,070 --> 00:13:21,350 And this legal text then further mentions the three works of Nagarjuna composed, 90 00:13:21,350 --> 00:13:31,890 supposedly composed that contain advice for the rulers, the officials and the ordinary people, respectively. 91 00:13:31,890 --> 00:13:45,510 Now, another set of pronouncements, which is generally ascribed to a single one word who lived in the 17th century also decides to run 92 00:13:45,510 --> 00:13:52,920 a perverse future and a discussion of the sacred status of the king in relation to law and society. 93 00:13:52,920 --> 00:13:59,480 And the section is as follows. 94 00:13:59,480 --> 00:14:04,850 So this is quite a bit of text, but I'll read it out anyway, further, during the a yoga, 95 00:14:04,850 --> 00:14:13,880 humans naturally practise the 10 virtues without paying attention to the laws of the king or any other efforts. 96 00:14:13,880 --> 00:14:24,310 Later on, when behaviour became a bit more violence, the Great Kings were inspired by the compassion of the gesture to establish a system of laws. 97 00:14:24,310 --> 00:14:33,320 Generally, it is said in the precious trust that the welfare of the world depends on whether or not the royal laws are upheld. 98 00:14:33,320 --> 00:14:44,210 According to the tournament in particular, according to the seven to Sutra, a virtuous person gets blessed by Indra and enters the woman's mother. 99 00:14:44,210 --> 00:14:49,430 He, upon becoming the king of men, can be rightly called a deity. 100 00:14:49,430 --> 00:14:59,540 The way he enacts the legal system in accordance to the virtue virtuous actions is extensively explained in many other countries and cultures. 101 00:14:59,540 --> 00:15:08,320 The many expositions of the royal systems are given. 102 00:15:08,320 --> 00:15:15,580 It goes on similarly in the area dish of India and other places where the holy term has spread widely. 103 00:15:15,580 --> 00:15:26,770 The great part about protecting kings upheld or upheld the royal laws in accordance with the Dharma and let their subjects to a state of well-being, 104 00:15:26,770 --> 00:15:30,820 particularly the victor himself made the prophecy that the Victor's teachings would 105 00:15:30,820 --> 00:15:37,480 spread to the north in this region of Tibet's the Dharma protecting songs and gumbo, 106 00:15:37,480 --> 00:15:44,770 an embodiment of a politician himself, created the laws of the ten virtues. 107 00:15:44,770 --> 00:15:51,440 Now, the author of this text is very unlikely to have been committing one for himself. 108 00:15:51,440 --> 00:15:57,560 But the emphasis on the importance of divine kinship, something that is, I would say, 109 00:15:57,560 --> 00:16:11,210 not extremely common in the Tibetan cultural sphere is indeed somehow suspect and an indication that someone part of his sport actually wrote it. 110 00:16:11,210 --> 00:16:23,540 No comment to anything you want, but was a sort of an infamous ruler history, Tibetan historiography that's not been kind to him, 111 00:16:23,540 --> 00:16:31,220 and he famously tried to fashion himself as a king, well being of reasonably humble birth. 112 00:16:31,220 --> 00:16:40,310 And he claimed to and he was ridiculed for that later on that he was a descendant of a disciple of Muslim brother. 113 00:16:40,310 --> 00:16:49,040 And it is perhaps important to note also that while the Bassa Sutra has historically 114 00:16:49,040 --> 00:16:59,210 played a large role in legitimising kings and governments in East Asia and Mongolia. 115 00:16:59,210 --> 00:17:05,600 The shooter has played actually a reasonably insignificant part in Tibet. 116 00:17:05,600 --> 00:17:16,220 There are only a handful of instances where the chapter on the divine origins of the King is used in direct connexion with Tibetan rulership, 117 00:17:16,220 --> 00:17:23,970 and I would say that the trope of the term of IJR is much more common in Tibet than that of the Divine King. 118 00:17:23,970 --> 00:17:25,260 Be this as it may, 119 00:17:25,260 --> 00:17:39,660 the paraphrase passage from this Sutra at least potentially confirms that at least this part of the leg work stems from something you one was caught. 120 00:17:39,660 --> 00:17:45,210 Elsewhere in the in the mirror of the two laws, the text I mentioned just before, 121 00:17:45,210 --> 00:17:58,050 there is also an unspecified citation from a structure which actually seems to echo the spirit of the run a privacy syndrome. 122 00:17:58,050 --> 00:18:02,130 Which then says from the pack about the Sutra. 123 00:18:02,130 --> 00:18:12,240 We don't know which, if one does not punish misbehaviour, that misbehaviour will come to fruition with the king of the land. 124 00:18:12,240 --> 00:18:19,890 This is also something that is present in that very chapter in this one of. 125 00:18:19,890 --> 00:18:30,420 Naturally, it makes sense for Tibetan legal texts, contain information about good statesmanship, good governance or what have you. 126 00:18:30,420 --> 00:18:43,470 One would actually also expect, you know, Arthur Shuster on each type of materials to be reasonably well presented there. 127 00:18:43,470 --> 00:18:51,840 At first glance, this sort of unfortunately appears not to be the case. 128 00:18:51,840 --> 00:18:59,490 Their presence is actually much more subtle, but also maybe therefore more interesting. 129 00:18:59,490 --> 00:19:08,130 And so the previous mentions previously mentioned text associated with things one girl in particular has said to have been. 130 00:19:08,130 --> 00:19:13,770 And I quote Alice Revere, who was then also paraphrased in this issue, 131 00:19:13,770 --> 00:19:21,690 strongly inspired by the Indian treatises on statecraft and military craft in brackets of the Shastra. 132 00:19:21,690 --> 00:19:36,980 Now this is perhaps overstating the fact somewhat, but let us have a look at an example and the context is a law considering. 133 00:19:36,980 --> 00:19:47,680 So in the in the 16 articles version is a law considering how to deal with outside enemies. 134 00:19:47,680 --> 00:19:56,830 So if I just translate the Tibetan stuff on the left, in the treatises on statecraft cited in the veneer, 135 00:19:56,830 --> 00:20:09,050 it is said the way to achieve their goals by force, the army i.e. coaxing, giving gifts, the state and the five types of enjoyment. 136 00:20:09,050 --> 00:20:26,570 So I have to say that reference to an actual citation in the modern vignette this time, should the canvas do. 137 00:20:26,570 --> 00:20:28,690 And. 138 00:20:28,690 --> 00:20:41,440 This is flight to me, at least quite interesting that there is this new digest or kind of material sort of hiding in the woods of us about a veneer, 139 00:20:41,440 --> 00:20:49,270 which is something that would be really interesting if this would be examined further. 140 00:20:49,270 --> 00:21:04,750 Now. If you recall the story of other Mukha that I told in the beginning of this presentation was found also in the section on the scholars feeds, 141 00:21:04,750 --> 00:21:13,530 which mostly most closely matched the version of the miniseries devised Avenue. 142 00:21:13,530 --> 00:21:22,310 So there is the amnesty pops up a number of times. 143 00:21:22,310 --> 00:21:31,070 Now, another texts this time from this is this is the one that we can very easily date. 144 00:21:31,070 --> 00:21:36,440 Seventeen forty seven written by during the elder. 145 00:21:36,440 --> 00:21:45,560 Also quite unusual that there are some actual. Also there also seems to cite earlier legal texts of paraphrased. 146 00:21:45,560 --> 00:21:58,310 The Sutra is very general sense, but more interestingly, also it cites the vignette, or at least it claims to cite. 147 00:21:58,310 --> 00:22:08,250 So he says from the Trust for Wealthy Welfare depends on the law rule of the king. 148 00:22:08,250 --> 00:22:14,740 But then he says from that veneer in the heavens, from an interest safeguard the image of the gods, 149 00:22:14,740 --> 00:22:19,430 the human realm that just protects the living beings in the lower realms. 150 00:22:19,430 --> 00:22:24,320 There is the rule of Yama, which distinguishes good from evil, so we don't actually know. 151 00:22:24,320 --> 00:22:35,420 I have not been able to trace this. This reference not being able to locate it, and you might well be paraphrasing in some way. 152 00:22:35,420 --> 00:22:41,270 So for now, this is somewhat of a of a mystery. 153 00:22:41,270 --> 00:22:57,730 So. What I have tried to show is that various Tibetan legal constitutional works champion other shimura as a lawmaker for excellence. 154 00:22:57,730 --> 00:23:05,380 It seems that the of adoption has reached a Tibetan audience through the US pivot of India. 155 00:23:05,380 --> 00:23:13,930 So what can we make of this? It is still a bit puzzling because it is generally accepted that the narrative sections of the Monero 156 00:23:13,930 --> 00:23:23,800 Festival of India were not widely read or used or extensively cited by Tibetan authors Tibetan monks. 157 00:23:23,800 --> 00:23:29,290 But more work definitely needs to be done on that. 158 00:23:29,290 --> 00:23:40,480 What we do see is that adoption some crops up in other instances as well, invariably portrayed as a righteous king and judge. 159 00:23:40,480 --> 00:23:50,410 So in the psychology, for example, the fifth Lama refers to him actually quite a lot. 160 00:23:50,410 --> 00:23:57,400 And there is even a supplicating prayer dedicated to a deshmukh, which is written. 161 00:23:57,400 --> 00:24:07,410 But the nice of who was probably alive in the 19th century. 162 00:24:07,410 --> 00:24:19,830 Also on the more general note. I have not seen actually any clearly identifiable indications that in these legal works. 163 00:24:19,830 --> 00:24:33,900 But that easily works aside from these Indian references or indeed reference that there's any reference to to China or Chinese elements there, 164 00:24:33,900 --> 00:24:38,410 really India references all around. 165 00:24:38,410 --> 00:24:50,260 Another thing that I have pointed out is that it seems that certain trusted like materials were also accessed through the investigative veneer. 166 00:24:50,260 --> 00:25:02,720 Now this further confirms the supposition that legal texts or certain elements in those texts because they're often often composites. 167 00:25:02,720 --> 00:25:08,900 We're combo composed by those with monastic, some sort of monastic training. 168 00:25:08,900 --> 00:25:15,650 Now, in the quite rare case that I pointed out just now that we do know the author with, 169 00:25:15,650 --> 00:25:21,230 you know, the starting point is that the elder, for example, we know that he was not a monk. 170 00:25:21,230 --> 00:25:26,930 He was not trained as a monk, but he was educated in a monastery. 171 00:25:26,930 --> 00:25:37,230 He was educated in interlink in central Tibet and had a very classical and again also very Indo-Tibetan training. 172 00:25:37,230 --> 00:25:46,050 Now, of course, his legal work is also the last to have been written in the pronouncements format. 173 00:25:46,050 --> 00:25:58,730 So in that sense, it's also a culmination of all the other previously existing legal texts. 174 00:25:58,730 --> 00:26:09,440 So what is very clear in all of the legal works, then, is that there are quintessentially Mahayana notions of kingship. 175 00:26:09,440 --> 00:26:12,920 This is, of course, obvious, unsurprising. 176 00:26:12,920 --> 00:26:20,390 But this notion of kingship comes in two different types at least one that considers the king as a divine being. 177 00:26:20,390 --> 00:26:26,630 Alas, one of us is to and one more prevalent that portrays the king, 178 00:26:26,630 --> 00:26:36,380 the ruler as a term Rajah a righteous king, then perhaps modelled on other Shamika and something. 179 00:26:36,380 --> 00:26:44,960 Now, in closing. Well, finalising the research for this paper, I have come to realise that strictly speaking, 180 00:26:44,960 --> 00:26:53,080 the presence of mind cities and changes in Tibetan legal text is perhaps somewhat underwhelming. 181 00:26:53,080 --> 00:26:59,830 The video's presence is against expectations, perhaps quite a bit stronger. 182 00:26:59,830 --> 00:27:06,880 And this is this also resonates what a Caruso said yesterday about the relatively minimal 183 00:27:06,880 --> 00:27:16,920 role of my own trust in the Tibetan cultural sphere when it comes to reading and citing the. 184 00:27:16,920 --> 00:27:24,930 That said, the spirit of the high honour definitely shines through on occasion in legal works. 185 00:27:24,930 --> 00:27:35,220 Now the Whitney's legal codes, the Gajim and from seventeen twenty nine states. 186 00:27:35,220 --> 00:27:41,460 And with this, I would like to close my talk under a law that cherishes the king. 187 00:27:41,460 --> 00:27:48,990 One attains widowhood. Thank you.