นิติศาสตร์ไทย: บทวิเคราะห์จากรากฐานในคัมภีร์มานวธรรมศาสตร์ และคัมภีร์พระธรรมศาสตร์

Abstract

From studying of the history of Thai laws in the past, it is known that the sources of the laws, i.e., the Treatise of Manudharmasastra and the Treatise of Pradhmarmasastra, were the primary laws which gave the kings’ authorities in reign, legislation, jurisdiction, judicial administration, including social class system. These assumptions are all resulted from those two Source Texts. An interesting issue is that the sources which leaded to such assumptions were from which concepts or principles of the two Source Texts. The study of concepts and principles of the two Source Texts in details, the differences of them, as well as the comprehension of their contents will lead to clearer understanding of the systems of Thai laws in the past to the present. This article aims to present the results of an analysis of the contents and the differences of the two Source Texts through the Brahminism and the Buddhism in association with the Thai laws in the past to the present in order to be another way to reinforce and expand the frontiers of thoughts of the Thai laws.