FOLLOWING THE CONCEPT OF PROPERTY DAMAGE IN THE KINGDOM OF THAILAND BEFORE THE SUKHOTHAI PERIOD

Abstract

This study aimed to analyze the evolution of the offense of causing damage to property within the Thai legal system, emphasizing the exploration of its conceptual foundations and the legal principles related to the protection of individual property in the pre-Sukhothai period. During this era, the Southeast Asian region was profoundly influenced by Indian civilization in the fields of religion, governance, and law, as reflected through the Dharmasastra and Dharmasattham scriptures, which compiled moral, customary, and legal doctrines concerning justice in agrarian societies. The Dharmasattham established systematic rules governing liability for damage to another’s property, classifying causes of damage into three categories: acts committed by humans, acts caused by animals, and damage resulting from other property. Punishment under this system did not focus on corporal penalties but rather on compensation according to the actual value of the damage, embodying the concept of restorative justice and humanitarian principles in law. Moreover, the scripture recognized exceptions to liability, such as damage arising from force majeure or acts committed out of necessity, thereby demonstrating a sensitivity to social and moral contexts in adjudication. The properties protected under this system mainly included crops, livestock, and land-assets essential to human livelihood along with the recognition of ownership through documentary evidence and boundary markers. These principles formed the foundation of the later Thai legal conception of ownership. In comparison, the Manusmṛti (Laws of Manu) emphasized religious punishment, whereas the Dharmasattham placed importance on mediation, compensation, and the preservation of social harmony. In conclusion, this study revealed that the formulation of the offense of causing damage to property in ancient times did not aim to punish the offender but rather to restore loss and maintain social equilibrium. Such principles became the foundational basis for the development of property law and property-related offenses in the modern Thai legal system.