Você está na página 1de 24

F -X C h a n ge F -X C h a n ge

PD PD

!
W

W
O

O
N

N
y

y
bu

bu
to

to
k

k
lic

lic
C

C
w

w
m

m
w w
w

w
o

o
.d o .c .d o .c
c u -tr a c k c u -tr a c k

Title of the Papper


Buddhist Cultural Heritage: Conflict Resolution as found in the
Books of Discipline
Dr Thel Thong

In this paper, the author wishes to provide some insights of a


Cambodian traditional and cultural Buddhist heritage which has
been established for centuries. It has been kept in 13 volumes of the
book of discipline as a holy text. The first aim is to render it simple
and to vulgarize it for the benefit of the Cambodian public. The
second aim is to provide some suggestions in how it can be applied
within the Buddhist community of lay people. There are seven main
parts of the presentation which are: 1-Background of conflict within
the context of a Buddhist discipline (Vinaya), 2-Buddhist categories
of conflict, 3-Buddhist conflict resolution 4-Process of formal
revision of verdict, 5-Conflict at Kosambi, 6-Kosambi conflict
resolution, 7-Suggested application of Buddhist conflict resolution
to Cambodian Buddhist followers. The paper excludes any
references to modern theories of conflict and conflict resolution,
due to scope, focus, time, and space commitment.

1-Background of conflict1 within the context of a Buddhist


discipline (Vinaya)
The two main traditions contributing to the theory of conflict are
those emanating from the work of the sociologists and the
psychologists. The sociologists emphasise the role of social
structure, social interaction, and antagonistic groups in conflict,
while the psychologists focus on individuals and group behaviour,
and on the attitude and perceptions of group members. The
Buddhist theory of conflict embraces both aspect, because it deals
with individuals as well as with group. The conflict of Kosambi,
given as a sample, reflected the attitude and perceptions of two
conflicting group members belonging to the same Sangha, same
faith, and same temple; and Lord Buddha was there too in his 9th
Rainy Season Retreat after his enlightenment.

Some definitions of important Buddhist terms in this area of topic


have to be provided before the provision of the definition of a

1
See Thong 1999 for details of study of conflict in Eastern and western tradition in his PhD Thesis
entitled Education, values and the management of conflict in Cambodia.It is available from Monash
University, Vic. Australia.

1
F -X C h a n ge F -X C h a n ge
PD PD

!
W

W
O

O
N

N
y

y
bu

bu
to

to
k

k
lic

lic
C

C
w

w
m

m
w w
w

w
o

o
.d o .c .d o .c
c u -tr a c k c u -tr a c k

Buddhist conflict. Those terms2 are Vinaya, Apatti, and the 227
Sikkhapada.

1.1-Vinaya
It is a collection of three main elements which are:
1. Buddhist prescribed rules of conduct (Buddhapaññatti - the
Don’t)
2. Buddhist prescribed allowable rules of conduct
(Buddhanuññatta - the Do)
3. Abhisamacarikavatta Firstly, it concerns about the yellow
robe dressing manner; secondly, the four mindfulness
activities in relation to sleeping, walking, standing, and
seating; and thirdly, there are two proper ways of behaving:
one in physical activity restraint- Kayakamma, and another
one in verbal activity restraint – Vacikamma3.

1.2-Apatti It is the violation or infringement of Buddhist prescribed


rules of conduct (Buddhapaññatti - the Don’t). Apatti has many
varieties and of two main categories, the non-serious and the serious
one, which requires the expulsion out of the Buddhist Order.
According to the practice in Cambodia such a culprit, after
officially disrobed by the Sangha, he will face the civil codes of
justice. Samples of three kinds of Apatti are as follows4:
1. Apatti caused by physical and mental deeds are of six types:
having affairs, buiding his own dwelling, reaching the stage
finishing of building, finishing the building by putting the
last mortar, knowing that it is not appropriate, but still
pursuing to have meal after mid-day, and knowing that it is
not appropriate to accept food from a non-related female
Buddhist monk , but still pursuing to accept and consume it.
2. Apatti caused by verbal and mental deeds are of six types:
proclaiming unfulfilled achievement for hegemonic
intention, knowingly that it is not appropriate without a
permission, but still pursuing to ask other Buddhist monks to
build a dwelling for him, finishing the building by putting
the last mortar, after finishing the building by putting the
last mortar, knowingly that this element of Dhamma is not
appropriate, but still pursuing to teach to novices, and not

4
-

2
F -X C h a n ge F -X C h a n ge
PD PD

!
W

W
O

O
N

N
y

y
bu

bu
to

to
k

k
lic

lic
C

C
w

w
m

m
w w
w

w
o

o
.d o .c .d o .c
c u -tr a c k c u -tr a c k

having any ill intention to swear and look down on novices,


but just a frivolous speech.
3. Apatti caused by physical, verbal and mental deeds are of
six types: having kept generous donation and steal it,
knowingly that it is not appropriate without the permission
to build a dwelling by his own effort, but still pursuing to
build a dwelling which is beyond the requirement need,
finishing the building by putting the last mortar, after
finishing the building by putting the last mortar, knowingly
that it is not appropriate to ask for any excellent food, but
still accept it and consume it, a female Buddhist monk
admonishes male Buddhist monks, they know but do not pay
any attention to her advice.

1.3- Sikkhapada Vinaya or the 227 Sikkhapada is the law


governing the Sangha, Buddhist community. It has been the law and
order established by Lord Buddha. Any misconduct by Buddhist
monks affecting the Sangha during the life time of the Buddha
would be turned into a code of discipline for Buddhist monks and
nuns in those days. Buddhist Sangha is a community of Buddhist
monks. Lay Buddhist community is composed of those who observe
the Buddhist faith; therefore a general definition of conflict and
conflict resolution may be applicable to both communities. The
detail benefit of the Sikkhapada is given under the subtitle (1.5-
Some characteristics of Buddhist conflict).

1.4-Definition of a conflict
Before going into the category of conflict, its causes and its
resolution, a definition of the conflict should be given. It is a
reconstruction from a data found in the Vinaya Pitaka vol. 10 on
page 60. It was a statement by Lord Buddha when he addressed
Buddhist monks attending his preaching. There is no single
definition of conflict as such; but it is understandable that any
definition of a conflict within the context of Buddhism has to
include the characteristics containing in the four main categories of
conflict as they were enunciated in his teaching. The following is a
tentative definition in which I try to include the most important
features found in that teaching. The first definition is a tentative
one:
‘Conflict, in the Buddhist context, is any contradiction in
physical, verbal and mental activities between two people or
groups in regards to infringement and transgression of

3
F -X C h a n ge F -X C h a n ge
PD PD

!
W

W
O

O
N

N
y

y
bu

bu
to

to
k

k
lic

lic
C

C
w

w
m

m
w w
w

w
o

o
.d o .c .d o .c
c u -tr a c k c u -tr a c k

Vinaya (Apatti), observing 227 Sekkhapada, view on


Dhamma (law), speech hurting the mind, conceit and
stubbornness, Buddhist teaching contents in general,
observation of Sila, ways of life, and view on the practice of
duty and obligation’.

The second definition is the original (translation from Khmer) text


characteristic of the four categories of conflict as taught by the
Buddha. It is a conflict in itself. The full text is given under the
subtitle, categories of conflict.

The third definition is the distinction between what constitutes a


conflict and what doesn’t. See details between Vivadadhikarana and
Anuvadadhikarana under (2.1.5. Distinction between these four
categories)

1.5-Some characteristics of Buddhist conflict


It is taken from a bilingual Pali-Khmer Tripitaka5 vol. 50 of the
Anguttaranikaya, Upalivagga, pp. 154-166 and Akossavagga, pp.
167-198. Upali and Ananda talked to the Buddha about this topic.
Followings are the answers they got from Lord Buddha. What are
the benefit of having the Sikhapada (training or codes of ethics) and
the enunciation of Patimokkha containing 227 prescribed codes of
discipline (227 Sikkhapada). There are ten benefits:
1. For the excellence of member of the Sangha, community of
monks
2. For a happy life of the member of the Sangha
3. For guarding against wrong actions of the member of the
Sangha, deviation of rules
4. For the well-being of dedicated members of the Sangha
5. For guarding against this worldly Asavadhamma, mundane
defilements
6. For guarding against supra-mundane defilements
7. For enhancing the participation of lay people with less faith
8. For improving and empowering the faith of Buddhist
followers
9. For securing a strong and long term existence of Dhamma
10. For supporting the Vinaya, the codes of discipline
(Tripitaka, vol. 50, pp. 154-155).

5
See also the English translation text In the Pali Text Society, The Book of Gradual Sayings, chap.iv
Upali and Ananda, vol. v, pp.50-65.

4
F -X C h a n ge F -X C h a n ge
PD PD

!
W

W
O

O
N

N
y

y
bu

bu
to

to
k

k
lic

lic
C

C
w

w
m

m
w w
w

w
o

o
.d o .c .d o .c
c u -tr a c k c u -tr a c k

The judging council is composed of learned-practised members of


the Sangha, well-versed Buddhist monks in Discipline and
Patimokkha. Patimokkha is defined in these terms “the nature of
endowing with a perfect Brahmacariya Dhamma of restraining in
physical, speech and mental activities; the nature of excellent
leadership; and the nature of the head of all wholesome Dhamma”
(Bikkhu Patimokkha Manual (text in Khmer), 1988, p. A).

Usually the chair is occupied by the Vinaya Dharma (second high


ranking position after the Buddhist head of the district. He and the
panel members should possess the 17 qualities required according
to the Vinaya. These qualities are taken from the commentary book
named Samantapasadika. They are:
1. Nidana account of an event
2. Puggala – person or human being
3. Vatthu – thing or object
4. Pañña - wisdom
5. Anatti – account of an offence
6. Apatti – an offence
7. Anapatti – not an offence
8. Vipatti - crisis
9. Anga – single item of Sikkhapada
10. Samutthana – origination or cause of an offence
11. Kiriya – doing resulting into an offence or an offence due to
not doing thing
12. Sañña – e.g. cognizing that the water has invisible
microscopic living organ
13. Citta – mind
14. Vajja – fault or offence according to Dhamma or in
accordance to mundane life
15. Kamma – physical, verbal and mental activities
16. Kusalattika –
17. Vedanttika – affected by the three feelings
These 17 items are served also as a tool in analysing the Vinaya
effectively.

Upali persued his question with Lord Buddha about unity in the
Sangha. How Buddhist monks could be united. The Buddha replied
in those terms. Herein Upali:
1. Buddhist monks in this religion proclaim what is not
Dhamma as not Dhamma

5
F -X C h a n ge F -X C h a n ge
PD PD

!
W

W
O

O
N

N
y

y
bu

bu
to

to
k

k
lic

lic
C

C
w

w
m

m
w w
w

w
o

o
.d o .c .d o .c
c u -tr a c k c u -tr a c k

2. Proclaim Dhamma as Dhamma


3. Proclain what is not a Vinaya as not a Vinaya
4. Proclaim a Vinaya as a Vinaya
5. Proclaim Dhammavinaya which is not taught by the
Buddhha as a Dhammavinaya which is not taught by him
6. Proclaim Dhammavinaya which has been taught by the
Buddhha as a Dhammavinaya which has been taught by him
7. Proclaim Buddhist practices which are not accumulated by
Lord Buddha as a Buddhist practices which are not
accumulated by him
8. Proclaim Buddhist practices which are accumulated by Lord
Buddha as Buddhist practices which are accumulated by him
9. Proclaim Buddhist Sikkhapada which is not prescribed by
Lord Buddha as Sikkhapada which is not prescribed by him
10. Proclaim the Sikkhapada that Lord Buddha has prescribed as
a Sikkhapada prescribed by him (Tripitaka, vol. 50, pp. 161-
162).

Upali persued his question with Lord Buddha about disunity in the
Sangha. How Buddhist monks could not be united. The Buddha
replied in those terms. Herein Upali:
1. Buddhist monks in this religion proclaim what is not
Dhamma as Dhamma
2. Proclaim Dhamma as not Dhamma
3. Proclain what is not a Vinaya as a Vinaya
4. Proclaim a Vinaya as not a Vinaya
5. Proclaim Dhammavinaya which is not taught by the
Buddhha as a Dhammavinaya which is taught by him
6. Proclaim Dhammavinaya which has been taught by the
Buddhha as a Dhammavinaya which has not been taught by
him
7. Proclaim Buddhist practices which are not accumulated by
Lord Buddha as a Buddhist practices which are accumulated
by him
8. Proclaim Buddhist practices which are accumulated by Lord
Buddha as Buddhist practices which are not accumulated by
him
9. Proclaim Sekhapada which is not prescribed by Lord
Buddha as Sekkha which has prescribed by him
10. Proclaim Sikkhapada that Lord Buddha has prescribed as a
Sekkhapada not prescribed by him (Tripitaka, vol. 50, pp.
162-163).

6
F -X C h a n ge F -X C h a n ge
PD PD

!
W

W
O

O
N

N
y

y
bu

bu
to

to
k

k
lic

lic
C

C
w

w
m

m
w w
w

w
o

o
.d o .c .d o .c
c u -tr a c k c u -tr a c k

Upali continued his question with Lord Buddha about roots of


conflict among members of the Sangha. The Buddha replied in
those terms. Herein Upali:
1. Buddhist monks point out to an Anapatti (no offence) as an
offence
2. Point out to an offence as an Anapatti (no offence)
3. Point out to a trivial offence as a serious offence
4. Point out to a serious offence as a trivial offence
5. Point out to an offence against chastity as no offence
6. Point out to a no offence against chastity as an offence
7. Point out to Savasesapatti, a bunch of six offences 6 as no
offence
8. Point out to Anavasesapatti (opposite to no. 7) as no offence
9. Point out to a pardonable offence as a unpardonable offence
10. Point out to an un pardonable offence as a pardonable
offence (Tripitaka, vol. 50, p. 168).
Venerable Ananda, the second Buddhist attendant, expressed his
concern directly to Lord Buddha in these terms:
Oh! Lord, I don’t want to see any conflict within the
Buddhist Sangha after you passed away, because such a
conflict will destroy the goodness, the happiness, the
benefit, and the progress of the general populace. Conflict
causes suffering to Devas as well as to human beings7

2-Buddhist categories of conflict


2.1. Categories of Conflict
Khmer Tripitaka vol. 13, pp. 141-169 deals in details about
Adhikaranabheda (conflict category). There are four kinds of
conflict which are 1. Vivadadhikarana, 2. Anuvadadhikarana, 3.
Apattadhikarana, and 4. Kiccadhikarana. The description of these
four categories of conflict is found in Vinaya Tripitaka, vol. 10, pp.
59-60.

2.1.1.Vivadadhikarana8
Buddhist monks in this faith are quarrelling saying that this
is Dhamma (Law) or it is not; this is Vinaya (Discipline) or

6
The six offences are Sanghadisesa, Thollacaya, Pacittaya, Patidesaniya, Dukkata, and Dubbheasita.
7

8
See also in the section on Adhikarana Samatha (the seven conflict resolutions). Vivadadhikarana is a
conflict which can be reconciled (See under Samutthapetivara Khmer text Vinaya tripitaka vol. 12,
p.449.

7
F -X C h a n ge F -X C h a n ge
PD PD

!
W

W
O

O
N

N
y

y
bu

bu
to

to
k

k
lic

lic
C

C
w

w
m

m
w w
w

w
o

o
.d o .c .d o .c
c u -tr a c k c u -tr a c k

it is not; this is the words that the Buddha has spoken or it is


not; this is the allowed activities being approved and
accumulated by the Buddha or it is not so; this is the
prescribed words of the Buddha or it is not; this is an Apatta
(an infringement) or it is not; this is a light infringement or it
is a serious one; this is an infringement with some remaining
or it is an infringement with no remaining; this is a bad
infringement or it is not. Among these four conflicts, any
incitement resulting in a quarrel, a discord of views, a
dispute, different statements, speaking differently from each
other, any speech provoking the mind to suffer; any
stubborn and hot exchanges of speech; all these incitements
Tathagata (the Buddha) called them Vivadadhikarana.

2.1.2. Anuvadadhikarana
Oh monks! Monks in this faith arguing against each other on
observance of Sila Vipatti (Precepts), on mannerism (Acara
Vipatti), on wrong views (Ditthi Vipatta) and on wrong
ways of lifelihood Ajiva Vipatti). Among these four
conflicts, criticizing, repeating speeches, talking repeatedly,
and inclining toward conflict, increasing effort, augmenting
forces, all these deeds, Tathagata (the Buddha) called them
Anuvadadhikarana.

2.1.3. Apattadhikarana (conflict arising from violation of the


Vinaya)
A collection of five Apatta9 (codes of ethic) as well as a
collection of seven Apatta10 are designed by the Tathagata
as an Apattadhikarana

2.1.4. Kiccadhikarana (Conflict in relation to task or obligation of


monks)
Duties(ordinary task) or obligation(task that has to be
accomplished as prescribed by Lord Buddha) of Buddhist
monks that can be done, for example Apalokanakamma
(information, act of informing or requesting permission from
the Sangha) Ñattikamma (recitation, act of reciting to

9
These five Apatta are as follows: 1. Parajika (most serious transgression),2. Sanghadisesa (formal
meeting), 3. Aniyata (undetermined), 4. Nissaggiya – Pacittiya (rejection-requiring expiation), and 5.
Thullacaya (grave offence).
10
The group of seven is made up of these five above in addition of another two which are
Sekheyavaka (requiring training), and Atthikarana Samatha (seven forms of conflict resolution).

8
F -X C h a n ge F -X C h a n ge
PD PD

!
W

W
O

O
N

N
y

y
bu

bu
to

to
k

k
lic

lic
C

C
w

w
m

m
w w
w

w
o

o
.d o .c .d o .c
c u -tr a c k c u -tr a c k

formally inform the Sangha), Ñattidutiyakamma (reciting


for the 2nd time), and Ñatticatukamma (reciting for the 4th
time), all of these items, Tathagata calls it Kiccadhikarana.

2.1.5. Distinction between these four categories


Vivadadhikarana is not the root-cause of the other three conflicts;
but it is a factor contributing to the other three to arise, for example,
Buddhist monks can discuss and argue about Dhamma, discipline,
proverbs, duties and obligations, Sikkhapada, offences…and
competing ideas, arguments and counter-arguments….This is called
Vivadadhikarana. Vivadadhikarana is the border line between
open discussion and conflict which involve court cases. Once any
Buddhist monk brings the accusations, hot speech exchanges
hurting each other, disagreements, competing ideas, arguments and
counter-arguments to the knowledge of a judging panel (this act
calls Ñatti); then there is a court case to be considered. This
becomes a category of conflict among the Sangha. This conflict is
called Anuvadadhikarana (arguing and putting on the case for
judgment). (Vinaya Tipitaka vol. 12, pp. 449-453). There are two
cases involved for this second conflict. The first case is the verdict
for the accused is appropriate and correct. In the second case the
verdict for the accused has been proclaimed by the judging panel,
but at a later stage with more evidences presented for revision from
the accused, it is found that the accused is not guilty. The judging
panel members become guilty of an offence for wrong doing. It is
called Apattadhikarana. When the judging Sangha panel considers
the Ñatti (case/cases); it is called Kiccadhikarana. This is what it
means factor/factors contributing to conflicts. The explanation goes
on in the same manner with different topics until it covers the other
three categories of conflict. For more details read Vinaya Pitaka vol.
12 from page 449 to 453 or the English text, the Book of the
discipline (Vinaya Pitaka, vol. vi on Synopsis of Decidings
(Samathabheda) pp. 149-168, Tran. By I. B. Horner, 1966.

2.2. Causes of the four types of conflict


Causes of these four types of conflict are explained in details in
Vinaya Tripitaka vol. 10, pp 61-122 (Pali and Khmer text).
2.2.1-Vivadadhikarana
Vivadadhikarana has six Dhamma which are considered as
its causes. Three Akusala Mula11, root, and three Kusala

11
The six Mula or roots are greed and non greed, hatred and non hatred, and illusion and non illusion.

9
F -X C h a n ge F -X C h a n ge
PD PD

!
W

W
O

O
N

N
y

y
bu

bu
to

to
k

k
lic

lic
C

C
w

w
m

m
w w
w

w
o

o
.d o .c .d o .c
c u -tr a c k c u -tr a c k

Mula are the causes of this Vivadadhikarana. The six Mula


are the sources of the conflict. Oh monk! Monks in this faith
who have much of anger, the vengeful group. These types of
monks do not pay respect to the Buddha, Dhamma and
Sangha. They have deficiency in observing the 227
Sikkhapada. They cause the existing conflict to aggravate
among the Sangha. This conflict is not beneficial to people
in general, not having peace and no progress, causing
suffering to Deva as well as lay people. Monks! you have to
avoid this kind of unwholesome from your heart, and to
avoid the conflict. This means that no future conflict is to be
developed.

2.2.2- Anuvadadhikarana
Anuvadadhikarana has also the above six causes, but there
are more extra-items on top of these causes. They are the manners
and temperament of those people who are not paying back the
gratitude and competitive to chances. They are stingy and jealous.
They are pedantic and cunning, ill-will and having wrong views
(Vinya Tripitaka vol. 10, pp. 69-70).

2.2.3- Apattadhikarana
Apattadhikarana has also six root-causes in Apatti. They are:
1. The root-causes created by physical body but not by speech.
2. The root-causes generated by speech, but not by body and
mind.
3. The root-causes generated from the body and speech, but not
from the mind.
4. Root-causes by body and mind, but not from speech.
5. Root-causes generated from speech and mind, but not from
the body
6. Root-causes from body, speech, and mind (Vinya Tripitaka
vol. 10, p.70).

2.2.4- Kiccadhikarana
Kiccadhikarana has only one root-cause; that is the Sangha,
Buddhist monk community (Vinya Tripitaka vol. 10, p.70)

3-Buddhist conflict resolutions (Adhikaranasamatha)


There are two main components of a conflict resolution, the judging
panel and the seven types of conflict resolutions.
3.1- The judging panel

10
F -X C h a n ge F -X C h a n ge
PD PD

!
W

W
O

O
N

N
y

y
bu

bu
to

to
k

k
lic

lic
C

C
w

w
m

m
w w
w

w
o

o
.d o .c .d o .c
c u -tr a c k c u -tr a c k

To be a member of the judging panel, Buddhist monks (Bikkhu)


must be endowed with the following ten virtues:
1. Restraint according to Patimokkha, having good characters,
being fully aware of even minor unwholesome deeds , and
in constant learning and observing mode of Patimokkha
2. Being Bahusutta, skillful in interpreting of the Buddhist
teaching, and endowing with right views
3. Knowing by heart and understand very well the Patimokkha,
and free of any transgression
4. Being confident and skillful in making the two parties in
conflict to realize the truth, and come to terms with each
other
5. Being confident and skillful in solving the existing conflict
6. Being someone knowing well about the conflict
7. Knowing why the conflict has arisen
8. Knowing the causes which fuel the conflict
9. Knowing the Dhamma leading to solution of the conflict
10. Knowing ways leading to solution of the conflict (Tripitaka,
vol. 50, pp. 156-157).

3.2-Seven types of conflict resolutions12


There are seven types of Buddhist conflict resolutions called
Adhikaranasamatha. It is also understood as a way of getting rid of
the Apatti. These conflict resolutions are the legal processes or
names of either training rules or Dhamma meaning the resolution by
ways of reconciliation, win-win, effacing shame (saving face) or
subduing of conflict. They form the last part of the 227 codes of the
Discipline (227 items in Sikkhapada). These seven conflict
resolutions are as follows:
3.2.1-Sammukhavinaya
This conflict resolution is applicable to the four categories of
conflict. It must be conducted in front of the Sangha, the conflicting
parties, the object of the conflict, and in front of the Dhamma.

3.2.2-Sativinaya (Sati – being mindful)


This process is a not-guilty proclamation. The text is the decision of
the judging panel read by the Buddhist monk representing the panel
the audience. It is a solemn statement clearing the accused person
from any wrong doing.

12

11
F -X C h a n ge F -X C h a n ge
PD PD

!
W

W
O

O
N

N
y

y
bu

bu
to

to
k

k
lic

lic
C

C
w

w
m

m
w w
w

w
o

o
.d o .c .d o .c
c u -tr a c k c u -tr a c k

The accused person is someone who is pure, clean and perfect in the
practice and observance of the Sekkhapada. He asks for the verdict
in accordance to the rules and regulation of the Sativinaya.

3.2.3-Amulhavinaya (clearing from mental insanity)


This process is a not-guilty proclamation. The text is the decision of
the judging panel read by the Buddhist monk representing the panel
to the audience. It is a solemn statement clearing the accused person
from any previous wrong doing while his was mad. The person is
someone who has been mad, and has been fully recovered from his
insanity.

3.2.4-Patiññatakarana (in accordance to the truth declared by the


accused)
The judging panel relies on a kind of oath taking swearing to the
truth declared by the accused. It is related to minor offence. If it is a
serious case, a formal investigation is required.

3.2.5-Yebhuyyasika (based on the opinion of the majority)


The judging panel hands down the verdict based on the opinion of
the majority people who are aware of the case.

3.2.6-Tassapapiyasika (guilty verdict)


The judging panel hands down the guilty verdict accordingly.

3.2.7-Tinavatharaka (reconciliation process getting rid of shame for


both parties)
The judging panel facilitates the reconciliation between the two
parties. It is a so-called win-win settlement in which both parties are
coming to term with each other. There will be no more accusation
and counter accusation, no more animosity and hurt-feeling. The
term used in the explanation is ‘to cover a dirty ground spoiled with
excrement by putting a patch of grass over it’.

There is another type of classification of conflict resolution


according to its four categories:
1-Vivada or contention concerning Dhamma and Vinaya
(Discipline) is called Vivadadhikarana and a judgement
should be given whether right or wrong;
2-The accusation of Apatti is called Anuvadadhikarana and
judgement should be given as to whether it is true or false,

12
F -X C h a n ge F -X C h a n ge
PD PD

!
W

W
O

O
N

N
y

y
bu

bu
to

to
k

k
lic

lic
C

C
w

w
m

m
w w
w

w
o

o
.d o .c .d o .c
c u -tr a c k c u -tr a c k

3-The matter of falling into Apatti or the Apatti awarded is


called Apattadhikarana and this should be cleared up, that is,
for release from the penalty; (and)
4-The duty which should be undertaken by the Sangha, such
as giving Upasampada, is called Kiccadhikarana and this
should be completely carried out (Vinayamukkha, vol.1,
p.226).

3.3-Application of Samatha (resolution) to each category of conflict


For short, the term Samatha is used instead of the full term
Adhikaranasmatha.
3.3.1- Vivadadhikarana requires two Samatha, Sammukhavinaya
and Yebhuyyasika (based on the opinion of the majority). It
excludes the remaining five.

3.3.2- Anuvadadhikarana requires four Samatha, Sammukhavinaya,


Sativinaya (Sati – being mindful), Amulhavinaya (clearing from
mental insanity), and Tassapapiyasika (guilty verdict). It excludes
the remaining three.

3.3.3- Apattadhikarana requires two Samatha, Sammukhavinaya,


Patiññatakarana (in accordance to the truth declared by the
accused). It excludes the remaining five.

3.3.4- Kiccadhikarana requires one Samatha, Sammukhavinaya. It


excludes the remaining six (Vinaya Pitaka vol. 12, pp. 437-449).
For more details read these pages.

3.3.5-Buddhist conflict resolution and sentencing


There is no such roles of judge, lawyer and Barrister in the conflict
resolution within the Buddhist context of regulating law and order
because there is no Buddhist jail. The act of jailing is an offence;
and it is against the teaching of non-violence. There is only an elder
Bikkhu with the title of Vinayadharma (someone who is endowed
with Dhamma or a living treasure of Dhamma) ,in every district
throughout Cambodia. His role is to discuss about the Vinaya and
its application, and taking part as a panel member in a Buddhist
judging panel for conflict resolution.

3.3.6-Infringement and regression


The body is clean and hygienic, but the mind is dirty, polluted and
not purified. Imprisonment is inhuman because it goes again the

13
F -X C h a n ge F -X C h a n ge
PD PD

!
W

W
O

O
N

N
y

y
bu

bu
to

to
k

k
lic

lic
C

C
w

w
m

m
w w
w

w
o

o
.d o .c .d o .c
c u -tr a c k c u -tr a c k

notion of non-violence and the four sublime states of mind, the


Brahma Vihara Dhamma (loving-kindness, compassion, being
neutral and being sympathetic). The most vigorous punishment
involves in disrobing the culprit (the expulsion from the Sangha)
and handing him to the authority. Regression requires the hearing
again or a revision of the case. There is an exception case if a
Bikkhu becomes mad again, because he loses his common sense
and having no Sati.

4.Processes of formal revision of verdict


There are ten objections to revise these four conflicts. They are two
objections for revision in relation to Vivadadhikarana, four
objections for revision in relation to Anuvadadhikarana, three
objections for revision in relation to Apattadhikarana, and one
objection for . Kiccadhikarana. The objection processes of each
conflict are as follows: Vivadadhikarana requires two revisions (two
Samatha); Anuvadadhikarana requires four revisions (four
Samatha); Apattadhikarana requires three revisions (three Samatha);
and Kiccadhikarana requies one revision (one Samatha).

4.1-Cases of opening the cases


There are twelve objections in relation to these cases: The 12
objections are:
1. The formal act is not carried out
2. The formal act is badly carried out
3. The formal act should be carried out again
4. The formal act is not fixed
5. The formal act is badly fixed
6. The formal act should be fixed again
7. The formal act is not decided
8. The formal act is badly decided
9. The formal act should be decided again
10. The formal act is not settled
11. The formal act is badly settled, and
12. The formal act should be settled again (Vinaya Tripitaka
vol. 13, pp. 142-143).
Cases number 1, 2, and 3 are applicable to Anuvadadhikarana.
Number 4, 5, 6, are applicable to Vivadadhikarana, 7, 8, and 9 for
Apattadhikarana and the last three,10, 11, and 12 are for
Kiccadhikarana.

14
F -X C h a n ge F -X C h a n ge
PD PD

!
W

W
O

O
N

N
y

y
bu

bu
to

to
k

k
lic

lic
C

C
w

w
m

m
w w
w

w
o

o
.d o .c .d o .c
c u -tr a c k c u -tr a c k

4.2- Buddhist monks are allowed to act under ten requirements. The
ten requirements are:
1. Opening the case of an existed conflict at a place
2. Opening the case of an existed conflict at a place and settle
it
3. Opening the case of a conflict that has happened at midway
of the journey
4. Opening the case of a conflict that is settled at midway of
the journey
5. Opening the case of a conflict at a place where he has
reached it
6. Opening the case of a conflict settled at the place where he
has reached it
7. Opening the case of a conflict of minded discipline (Sati
Vinaya)
8. Opening the case of a conflict of a insanity in the past
(Amulaha Vinaya)
9. Opening the case of a conflict of corrupted morality
(Tassapapiyasika)?
10. Opening the case of a conflict of effacing shame
(tinavattharaka) (Vinaya Tripitaka vol. 13, pp. 142-143).
Four categories of people can ask for a verdict to be revised if they
are inclined to partiality; and they are prone to anger, ignorance,
and stupidity (unwholesome qualities).

5-Conflict at Kosambi during the time of Buddha


There were three conflicts, one in Kosambi, one in Savatthi; and the
last one was about the water of the Rohini river during the time of
the Buddha. Only the conflict at Kosambi is considered here,
because it was serious and escalating out of proportion. There are
scenarios of the event and examples of conflict resolution
attempted.
5.1-How the conflict was started?
The cause of the conflict was about the use of toilet. The Bhikkhu
of Kosambi had formed into two opposing groups. One group
followed the master of Vinaya and the other followed the teacher of
the Dhamma who used the toilet. They were quarrelling among
themselves. It happened during the 9th rainy season retreat after the
enlightenment of the Buddha. There was an excommunication
process against the master of Dhamma, which aggravated the
conflict because the opposing party was against such a move, they
thought, it was not legal. A Buddhist monk brought the matter to the

15
F -X C h a n ge F -X C h a n ge
PD PD

!
W

W
O

O
N

N
y

y
bu

bu
to

to
k

k
lic

lic
C

C
w

w
m

m
w w
w

w
o

o
.d o .c .d o .c
c u -tr a c k c u -tr a c k

attention of the Buddha. Lord Buddha called in a Buddhist monk


and asked him to go around bring both party of the conflict to see
him.
The conflict parties came to the meeting; and after paying homage
to him, they sat down at one place Lord Buddha asked them to
confirm that there was a quarrel in which you insulted each other by
sharp words like daggers. You could not come to term with each
other; and you could not agree to disagree and to live peacefully.
You failed to maintain acts of loving-kindness by body, speech and
mind in public and in private towards your spiritual companions in
the Buddhist holy life. They replied that there was indeed a conflict.
Oh! stupid monks, what did you think of your actions? You could
neither convince each other nor be convinced by others. Your
actions created unnecessary suffering and harmed yourselves as
well as the whole community of the Sangha for a long time. Lord
Buddha taught them the six Dhamma that could create harmony,
love, respect and conduce to helpfulness, to non-dispute, to concord
and to unity within the Sangha. What were those six dhamma:
1. Oh! monks you should cultivate your physical actions with
loving-kindness towards your spiritual companions both in
public and in private life. This would create love, respect,
helpfulness, amity, concord and unity.
2. Oh! monks you should cultivate your verbal actions with
loving-kindness towards your spiritual companions both in
public and in private life. This would create love, respect,
helpfulness, amity, concord and unity.
3. Oh! monks you should cultivate your mindful actions with
loving-kindness towards your spiritual companions both in
public and in private life. This would create love, respect,
helpfulness, amity, concord and unity.
4. Oh! monks you should cultivate your altruistic generosity in
partaking what you earned according to the Dhamma
including food in your bowl with your spiritual companions
in holy life. This would create love, respect, helpfulness,
amity, concord and unity.
5. Oh! monks you should maintain your Sila (moral precepts)
from being spoiled and kept it purified at the highest
standard, which is freed from desires and wrong views for
the pursuit of meditative practices. Your Sila practice should
be at a standard level with your spiritual companions both in
public and in private life. This would create love, respect,
helpfulness, amity, concord and unity.

16
F -X C h a n ge F -X C h a n ge
PD PD

!
W

W
O

O
N

N
y

y
bu

bu
to

to
k

k
lic

lic
C

C
w

w
m

m
w w
w

w
o

o
.d o .c .d o .c
c u -tr a c k c u -tr a c k

6. Oh! monks you should cultivate right views, which could


safeguard people who observed them from misery in life.
Such right views, you should maintain and kept it in parity
with spiritual companions both in public and in private life.
This would create love, respect, helpfulness, amity, concord
and unity (Kosambiyasutta in Tripitaka vol. 22, pp. 346-
360).

The following account is based on the text of the commentary of the


Dhammapada by E. W. Burlingame 1995, pp. 176-178.
For the second time, Lord Buddha sent his words to the warring
parties “let them be united” The reply from the parties in conflict
was that “Venerable Sir, they refused to be united.”
For the third time, Lord Buddha exclaimed: “The congregation of
monks is rent asunder” and Lord Buddha went to them. He pointed
out that the excommunication was wrong; and those who did not
recognise their sin were also wrong. Lord Buddha enjoined upon
them the holding of fast-day; and laid down the rule that those who
quarrelled in refectories and else- where were to occupy separate
seats in the refectory.
Later on, Lord Buddha heard that they were quarrelling again; and
for the fourth time, he went to see them again; and taught them the
story of a tiny quail by exclaiming: “Enough, monks! No
quarrelling” He preached to them the story of a tiny quail, who
could destroy a noble and mighty elephant. He explained to them
that:
Monks, quarrels, strifes, contentions, disputes – all these are
unprofitable. For because of a quarrel even a tiny quail
brought about the destruction of a noble elephant.
Later on there was a certain heretical teacher who approached lord
Buddha and requested him to retire and stayed at home. Taking that
opportunity, Lord Buddha told him the story of Prince Dighavu who
could reconcile with King Brahmadatta of Benares, who killed his
father.
The Buddha could not stop them from quarrelling; and the situation
at Ghositarama was no longer favourable for a peaceful rainy
season retreat; therefore he left the place without informing
anybody. He spent the Vassa, residence period of the rainy season
alone in Rakkhita Grove near Palileyyaka forest. There was an
elephant, king of a herd, who was also dissatisfied with the life as
leader of the herd. He wandered in the forest and came across Lord
Buddha seating under a large tree. The elephant-king was attracted

17
F -X C h a n ge F -X C h a n ge
PD PD

!
W

W
O

O
N

N
y

y
bu

bu
to

to
k

k
lic

lic
C

C
w

w
m

m
w w
w

w
o

o
.d o .c .d o .c
c u -tr a c k c u -tr a c k

to the Buddha; and he started serving Lord Buddha. Not so long


after that a monkey came to join the elephant too at the Palileyya
forest.

After the Buddha left the place, one resolution had been forced
upon the factions involved in the conflict by the lay Buddhists of
Kosambi. The lay disciples of Kosambi, on learning the reason for
the departure of the Buddha, refused to make offerings to the
remaining monks. This made them realize their mistake; and a
reconciliation took place among themselves. Still, the lay disciples
would not trust them again. They required them to get pardon
directly from Lord Buddha, but the Buddha was away and it was in
the middle of the rainy season retreat; so the bhikkhus of Kosambi
had to spend their retreat in misery and hardship. This action is
commonly known as ‘alms begging bowl bottom’s up’.

At the end of the Vassa, the Venerable Ananda and five hundred
bhikkhus approached the Buddha and gave the message from
Anathapindika and other lay disciples imploring him to return. In
due course the Buddha returned to the Jetavana monastery in
Savatthi. The bhikkhus followed him there, fell down at his feet,
and owned up their fault. The Buddha rebuked them for disobeying
him. He told them to remember that they must all die some day and
therefore, they must stop their quarrels and must not act as if they
would never die.

6-Kosambi conflict resolution


In the mind of ordinary people, the conflict of Kosambi is not
settled, because after the intervention of Lord Buddha, the conflict
is still in full swing. Lord Buddha left Kosambi after realizing that
the parties in conflict failed to come to any peaceful agreement.
What was the intervention of the Buddha in that time. He intervened
to settle the conflict four times. The conflict resolution used by Lord
Buddha is found in his dialogue with a Brahman named Kesi, a
well-known horse trainer. It is in the Kesi Vagga, Tripitaka vol. 42,
pp.282-286.
Once upon a time Kesi, a well-known horse trainer by profession,
visited Lord Buddha. After paying homage to the Buddha and being
seated in an appropriate place; Lord Buddha welcomed him and
addressed him in these terms:

18
F -X C h a n ge F -X C h a n ge
PD PD

!
W

W
O

O
N

N
y

y
bu

bu
to

to
k

k
lic

lic
C

C
w

w
m

m
w w
w

w
o

o
.d o .c .d o .c
c u -tr a c k c u -tr a c k

Lord Buddha: Kesi, people recognise you as a good horse


trainer. How do you train those horses which
are worth to be trained?
Kesi: Oh! Lord, I train horses worth to be trained
by some good means, by some bad means,
and by both means.

Lord Buddha: Kesi, what you do to those horses if you have


applied all the three means above, but it does
not work.
Kesi: I kill all of them. Why I do so? It is to avoid
the criticism of the family name of my
teacher. Lord! You are unsurpassed as a
trainer of people worth to be trained. How do
you trained them?

Lord Buddha: For my part, Kesi, I train people worth to be


trained by some good means, by some bad
means, and by both means. By good means, it
refers to good conduct in physical actions
(Kayasucarita), thus is the result of good
conduct in body. By good means, it refers to
good conduct in verbal actions
(Vacisucarita), thus is the result of good
conduct in speech. By good means, it refers
to good conduct in mental actions
(Manosucarita), thus is the result of good
conduct in thought.

Kesi, by bad means, it refers to bad conduct


in physical actions (Kayaduccarita), thus is
the result of bad conduct in body. By bad
means, it refers to bad conduct in verbal
actions (Vaciduccarita), thus is the result of
bad conduct in speech. By bad means, it
refers to bad conduct in mental actions
(Manoduccarita), thus is the result of bad
conduct in thought. The result in these three
bad actions for people is to be born in the
endless misery realms of existence in Hell
(Naraka), in the world of animal, and in the
world of hungry ghost (Pittivisaya).

19
F -X C h a n ge F -X C h a n ge
PD PD

!
W

W
O

O
N

N
y

y
bu

bu
to

to
k

k
lic

lic
C

C
w

w
m

m
w w
w

w
o

o
.d o .c .d o .c
c u -tr a c k c u -tr a c k

Kesi: Oh! Lord, what do you do Lord if you fail to


train people by those two means (good as
well as bad)?
Lord Buddha: Kesi, I kill them too.
Kesi: Oh! Lord, Panatipata is not good. (Panatipata
is the antidote of non-violence taught by Lord
Buddha).

Lord Buddha: Kesi, to kill here means do not teach or


educate them at all, because it does not worth
the effort and time. It means that those people
have been killed according to the Buddhist
highest, noble, and adorable means of killing
such people. (It is a non-cooperation13).
Kesi: Oh! Lord, it is very clear to my mind. It is
comparable to turn up things or undo the
cover-up materials. Marvellous Lord! May
the Exalted One accept me as a follower from
this time onward.

7-Suggested application of Buddhist Conflict Resolution


The author’s wish and intention are to see in the future some
Buddhist education reforms in such a way that the teaching of
Buddhism in Khmer language contained in the books of Vinaya, is
to be used outside the temple compound and applied it at the level
of villages and communes.
The first step is to vulgarize the Khmer Vinaya text, especially, the
topic about conflicts and conflict resolutions in the Vinaya. This can
be done only if the village temple head and the Vinaya Dharma, and
the Buddhist head of the district are equipped with Bachelor degree
in the Buddhist study of Vinaya. Vinaya and Buddhist leadership
has to be studied and oriented toward a graduate degree in the
future. These three graduates will teach the village sages, the head
of the villages, the sages of the commune, and the head of the
commune.
The second step is to form a civil panel council composed of elder
sages at the village, and of the commune. These two-tier levels have
the duty and obligation to consider conflict from the village up to
the level of the commune.

13
Gandhi used this means too by way of Hunger Strike.

20
F -X C h a n ge F -X C h a n ge
PD PD

!
W

W
O

O
N

N
y

y
bu

bu
to

to
k

k
lic

lic
C

C
w

w
m

m
w w
w

w
o

o
.d o .c .d o .c
c u -tr a c k c u -tr a c k

The benefits are to solve the problems at the grassroot level in


which there are chances of reconciliation because problems are
familiar to everybody; members of the conflict know quite well the
root of the problem as well as who are members on the council
panel. It can reduce the intensity of the conflict, and prevents it
from escalating out of proportion. It will reduce the cost because it
is locally handled and may be free of charge because everybody is
dedicated to work for the Buddhist faith. It will be fair and created
more trust, because members of the panel are recruited on strict
conditions regulated by Lord Buddha. The image of Buddhism will
be improved an it can become a religion of the new century to
educate people to face more adequately the increasing problems
caused by disoriented development programmes in the context of
new age and modern technology and sciences.

The purpose of the study of Vinaya is firstly, for self-criticism and


self-introspection and not for criticizing any people; and secondly,
to apply the conflict resolution to solve conflict at the grassroot
level. It will help to harmonize, to unite, and to foster spiritual
development and friendship among villagers in the commune. This
short of programme will enhance the decentralized programme set
up by the government in the area of law, order and justice for
people at the grassroot level. It will alleviate the task of the
provincial court of justice.

The author wishes that one day Buddhist universities will have its
own Buddhist school of administration and teacher training in
various topics of the Buddhist teaching. It will train and equip
Buddhist monks and lay elder disciples to take up responsible
positions in Budhacakra and Anacakra (religious and civil
government).
At the moment, Buddhist universities depend on part time staff
from government and private universities as well as other tertiary
institutions. In the long run, the author’s hope is to see the co-
operation between this Buddhist system of conflict resolution with
private law firms and the government judiciary system and
institutions. If this Buddhist programme is successful, another
programme should be put in place in the future. It will be the mental
health care that can be established based on the first model, and on
the Buddhist teaching too. Mental health imported from the West
lacks the cultural heritage of the local people. You can think of the
past French colonial system of administration and that of the

21
F -X C h a n ge F -X C h a n ge
PD PD

!
W

W
O

O
N

N
y

y
bu

bu
to

to
k

k
lic

lic
C

C
w

w
m

m
w w
w

w
o

o
.d o .c .d o .c
c u -tr a c k c u -tr a c k

traditional royal administration in place in those days. These kinds


of programme will make the Buddhist faith and teaching more
relevant to the contemporary and existing problems. The Buddhist
faith has three aims, solving the problems on earth, being born in a
good realm of existence for next life, and Nibbana.

Conclusion
This Buddhist tradition of conflict resolution has been taught by
Lord Buddha while he was alive. Participants who are familiar with
modern concepts and conflict theories of the West can see the
differences. The author hopes that these two traditions will enhance
each other for the benefit of a better conflict resolution in the
present time as well as in the time to come. Buddhist conflict
resolution has to be learned and study systematically for the well-
being of Cambodians in Cambodia in the year to come. Cambodia
should catch up with the Buddhist faith and practices of Buddhism
in the developed world.

22
F -X C h a n ge F -X C h a n ge
PD PD

!
W

W
O

O
N

N
y

y
bu

bu
to

to
k

k
lic

lic
C

C
w

w
m

m
w w
w

w
o

o
.d o .c .d o .c
c u -tr a c k c u -tr a c k

Bibliography
- :

. -

2100 w. Willow

St, Long Beach, CA 90810, USA

( )

, , , :

. -

. -

- :

. :

( )
-

23
F -X C h a n ge F -X C h a n ge
PD PD

!
W

W
O

O
N

N
y

y
bu

bu
to

to
k

k
lic

lic
C

C
w

w
m

m
w w
w

w
o

o
.d o .c .d o .c
c u -tr a c k c u -tr a c k

. -

Akossavagga, pp. 167-198 In Pali-Khmer Tripitaka vol. 50 of the


Anguttaranikaya

Adhikaranabheda (Synopsis of Legal Questions) In The Book of the


the Discipline – Vinaya Pitaka: Parivara. Tran. By I. B. Horner.
London : Luzac &Company LTD, 1966, vol. vi, pp. 244-258.

Books of Discipline, Vinaya pitaka vol. 10, 11,12, and 13 (Text in


Pali and Khmer).

Buddhist Legends translated from the original Pali text of the


Dhammapada commentary by Eugene Watson Burlingame. Oxford
: The Pali Text Society, 1995.

“Buddhist Monastic Code I: Chapter 11", by Thanissaro Bhikkhu.


Access to Insight, September 19, 2010,
http://www.accesstoinsight.org/lib/authors/thanissaro/bmc1/bmc1.c
h11.html

Code Pénal Promulgué par Ordonnance royale no. 103 du 23 Juillet


1934. Phnom Penh : Imprimerie Albert Portail

How to Reform a Serial Killer: the Buddhist Approach to


Restorative Justice by David R. Loy. In Journal of Buddhist Ethics
vol. 7, 2000, pp.1-19.

Vinayamukkha vol. one of Somdetch Phra Maha Samana Chao


Krom Phraya Vajiraññanavarorasa of Siam. Bangkok : King Maha
Makuta’s Academy, 2535/1992.

24

Você também pode gostar