Consistency and Conflict between Secular Law and Buddhist Monastic DisciplineImplications for the Governance of the Thai Sangha

Abstract

This academic article analyzes the complex relationship between Thailand's secular law and the Dhamma-Vinaya in governing the Thai Sangha, focusing on commonalities, conflicts, and resulting impacts. In the past, the relationship between the state and the Sangha maintained balance through community-based social control. However, the promulgation of the Sangha Act by the government transformed the governance model into a centralized bureaucratic system, which brought advantages in creating stability and standardization but also generated tensions and significant gaps. The analysis delves into issues where secular law attempts to fill gaps not addressed by the Dhamma-Vinaya, such as centralized administrative structures, while simultaneously creating conflicts when secular principles contradict the principles of Dhamma-Vinaya, particularly in criminal cases involving monks. The absence of clearly defined secular penalties for certain disciplinary offenses also affects faith and Sangha administration, pointing to a situation of legal pluralism where monks are subject to religious rules, state law, and Sangha law, leading to problems of overlap and administrative efficiency. Therefore, reform approaches are proposed for consideration regarding the structure and concepts in Sangha governance to achieve balance and contemporary relevance, ensuring the sustainability of Buddhism in Thailand.