K.N. Jatatilleke and the principles of International Law in Buddhism

by Dr. R.D. Gunaratne

K.N. Jayatilleke, Professor and Head of the Department of Philosophy of the University of Ceylon (Peradeniya) from 1963 to 1970, is one of the finest academics that Sri Lanka produced during the last century. His contribution to the study of the Philosophy of early Buddhism has been universally acclaimed. His thirty ninth death anniversary of Prof. K.N. Jayatilleke falls on July 23

His magnum opus, `Early Buddhist Theory of Knowledge' (London: George Allen & Unwin, 1963) found the scholars the world over competing with each other for phrases of high praise for the work and its author. Let me just quote one such comment by George Chatalian (Journal of Indian Philosophy, Ed. Bimal K. Matilal, June 1983).

"In 1963, K.N. Jayatilleke, who is unquestionably the foremost of twentieth century students of Pali Buddhism - both a professional philosopher and a massively equipped student of Pali and Sanskrit forms of Early Indian Buddhism - published his Early Buddhist Theory of Knowledge, and Buddhist Studies took a new turn: for he clearly interpreted the Early Indian Buddhism of the Pali canon as a system of Philosophy."

In this brief note, I want to make a few observations about a later work of Professor Jayatilleke, viz., The Principles of International Law in Buddhist Doctrine. Professor Jayatilleke was invited by the Academy of International Law to deliver a set of lectures at the Hague in 1967 where he gave five lectures under the above title. In these he analyses the relevance of Buddhist epistemology and logic, conception of reality, ethics and society for Law, and this discourse leads to a concluding final lecture on Buddhism and International Law.

Jayatilleke points out, to begin with, that although Buddhism does not recognize an abiding, unchanging entity like a soul in a person, it is possible to speak of a person in conventional terms, as signifying "a congeries of ever changing psychosomatic constituents" maintaining a certain individuality in one life or a succession of lives. Although the preceding conception is given in Theravadic Terms, this concept of a person is not confined to Theravada.

It is often conveyed in the form of a paradox in Mahayana texts. "The idea of a living being or a person is no - idea. There are neither beings nor no-beings. And why? Because those who were preached as beings, beings indeed, they were preached as no-beings by the Buddha and they are called beings". Jayatilleke concludes, "There is, therefore, no problem as regards the concept of moral and legal responsibility in Buddhism since in a conventional sense the legal reality of a person can be asserted" (p.52).

Jayatilleke also clears away certain misconceptions in this area. He rejects the view held by some that there is no Buddhist Law citing the Buddhist monastic code (Patimokkha), maintaining that the Buddhist Sangha reached the dignity of a republican state and that the Vinaya can claim the dignity and prestige of jurisprudence. And Vinaya had the sanction of the state too.

Jayatilleke mentions another misjudgment that Buddhism is unconcerned with social problems and that "the Buddha had little or no concern for society", and in response outlines Buddhist views about rights of the peoples and individuals, duties of the state, principles of civil and criminal laws and shows that Buddhism has a consistent system where salvation of the individual and the reformation of society is envisaged. In this account the individual and his relation to the Buddhist theory of kamma and rebirth, the democratic, egalitarian view of society and a welfare state based on social contract discernible in Buddhism are explored. He points out that many scholars agree that it was the influence of Buddhism which to some extent alleviated the unhealthy features of the Brahmanic system in India.

The foregoing would indicate Professor Jayatilleke's methodological treatment of the subject, proceeding from an examination of the basic concepts and principles themselves and clearing away the misconceptions.

It would also indicate that in this study he is speaking of Buddhism in general, that is, Buddhism covering both Theravada and Mahayana. Until then, Professor Jayatilleke's work had been more or less confined to the base of Early Buddhism (even his Buddhism and the race question, co-authored with Prof. Malalasekera, (Unesco,1958) does not bring in Mahayana doctrine separately) but in this work presented in 1967, he moves out to cover Mahayana. This widening of field was necessitated by the subject of his course of lectures, although this broader interest could have continued and led him to further major contributions, but for his untimely demise at the prime age of 49 years.

The Principles of International Law in Buddhist Doctrine could be considered to be both a horizontal and a vertical study: horizontal in the sense that it considers the doctrine and practice in ethical, social, political and legal matters in countries influenced by Buddhism, stretching from India, Sri Lanka, Burma, Thailand, Tibet and China to Japan; vertical in the sense that the treatment extends from the time of the Buddha in the 6th century BC. to the middle of the twentieth century itself.

These aspects seem exemplified when, in the concluding sections of the work, we find references to a statement of Archbishop Shodo Okano, the then leader of the Kodo Kyodan Buddhist Movement in Japan, where he says, "in 1945 with the conclusion of the Second World War a democratic Japan was born, and this led to the appearance of Buddhist movements suited to the new age. In order for one man to be saved it is necessary that the whole society be saved. This is the Mahayana ideal.

If we seek individual happiness, then we must consider the happiness of the rest of the mankind. The final summary of Sakyamuni Buddha's missionary life is contained in the Lotus Sutra which reveals the path of salvation for the individual and society." (pp. 108 - 9).

This is followed by the following statements a little later.

"It was Nehru and U Nu who put forward the Buddhist point of view in urging the doctrine of Panca Sila at the Bandung Conference. Nehru's (following) words still remain true.

"We must avoid war and peace should be the decisive factor in the policy of every country". It has been said that Panca Sila should prevail."

Non-commitment is not a cult practised for the sake of being in a bargaining position. It is a positive role which many a state has to play in the present juncture if it has the humanity at heart.As the late premier S.W.R.D. Bandaranaike of Ceylon put it, "I do not like the word `uncommitted'.

We know, of course, the meaning the word conveys. But we are very much 'committed'. We are committed to the hilt - to peace in a positive form, to friendship amongst all nations and to peace and prosperity and happiness of all mankind".

The non-availability of Professor Jayatilleke's work in authoritative Sinhala translation has been a long felt shortcoming. In this context, it is welcome news that, as a result of a request made by the Professor K.N. Jayatilleke Commemoration Society, a translation of his The Principles of International Law in Buddhist Doctrine by Dr. Senarath Wijesundara, published by the Ministry of Cultural Affairs, is due to be presented at the Commemoration meeting to be held at the Bandaranaike Centre for International Studies at the BMICH on July 23.

(The writer was Professor of Philosophy and Dean of the Faculty of Arts of the University of Peradeniya.)