The analysis on the idea of Legal pluralism of Merry-The aspect from the roots of the Buddhism and sociology of Thailand

Abstract

This academic focuses on Sally Engle Merry’s Legal Pluralism which introduced the source of legal development and social relationship or plurality of law on the principle of law legislation and legal pluralism theory. Its concept is divided into 2 eras: 1) old era, classis era, new era and present era and 2) native law era, state law era and law of lawyer era.

Merry argued that law should respect social culture and its origin. The legal development should comply with social ethics, custom and tradition which conform to sociology of Thailand influenced by Buddhism. In Thai legal system, from Sukhothai period to pre legal reformation in King Chulalongkorn, Rama V era, the law and dharma were the same thing. Currently, Buddhism concept takes a part in the legislation, for instance, Section 1461, 1563 and 1562. Besides, the Five Precept principle also accords with the criminal law principle.  

Therefore, Merry’s Legal Pluralism aimed to apply the law as a tool to develop country and use the legal mechanism to establish the social structure for national development. The law must conform to each society’s sociology and the origin of ethics, culture and custom. Thai society’s way of life has been influenced by Buddhism. If the Buddhism principle on “do good, avoiding avoid evil, purify the mind” is applied as spirit of law, the law conforms to Thailand sociology and results in the law developing the nation materialistically and spiritually.