Cambodian Buddhist Association of Victoria Wat Buddharangsi, Khmer Community
Buddhist Cultural Heritage: Conflict Resolution as found in the Books of Discipline
Dr Thel Thong
(This paper was presented at the 6th International Conference on South East Asian Cultural Values: “The Values of Cultural Heritage”)
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 communitylay 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 conflict 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 Buddhist conflict. Those terms are Vinaya, Apatti, and the 227 Sikkhapada.
1.1-Vinaya
It is a collection of three main elements which are:
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 follows:
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 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 Tripitaka 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:
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:
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:
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:
Upali continued his question with Lord Buddha about roots of conflict among members of the Sangha. The Buddha replied in those terms. Herein Upali:
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 beings
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.Vivadadhikarana
Buddhist monks in this faith are quarrelling saying that this is Dhamma (Law) or it is not; this is Vinaya (Discipline) or 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 remainings; 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 Apatta (codes of ethic) as well as a collection of seven Apatta 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 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 Mula, root, and three Kusala 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 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:
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
To be a member of the judging panel, Buddhist monks (Bikkhu) must be endowed with the following ten virtues:
3.2-Seven types of conflict resolutions
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.
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,
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 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:
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.
4.2- Buddhist monks are allowed to act under ten requirements. The ten requirements are:
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 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:
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 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 Annathapindika 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:
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).
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-cooperation).
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.
The benefits are to solve the problems at the grassroots 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 grassroots 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 grassroots 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 universities. 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 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.
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កេសីវគ្គ ក្នុង សុត្តន្តបិដក លេខ៤២ ទំ. ២៨២២៨៦ ភ្នំពេញ : ពុទ្ធសាសនបណ្ឌិត្យ ព.ស.២៤៩៦
កោសម្ពិយសូត្រ ទី៨ ក្នុង សុត្តន្តបិដក លេខ២២ ទំ. ៣៤៦៣៦០
កោសម្ពិកវត្ថុ ទំ.៧៦៩៤ ក្នុង ធម្មបទដ្ឋកថា ភាគ១ ព.ស.២៥៣៨ ភ្នំពេញ : ពុទ្ធសាសនបណ្ឌិត្យ
ក្រមព្រហ្មទណ្ឌខេមរ ក្រុងកម្ពុជាធិប្តិ ភ្នំពេញ ១៩៣៤
គាថាធម្មបទប្រែ ១៩៩១ ព្រះមហា យិននឿន វត្តខេមរពុទ្ធិការាម 2100 w. Willow St, Long Beach, CA 90810, USA
បកិណ្ណកវិន៍យ សំណួរចម្លើយ រៀបរៀងដោយអ៊ុង សំអឿន និងទិតសែម គ.ស. ១៩៧២
បាដិមោក្ខសង្ខេប ប្រែពីបាលី ដោយព្រះគ្រូ ជួនណាត គ.ស. ១៩៦៦
ប្រស្នាវិនយបិដក ១៩៥៣ អាចារ្យចាបពិន សុវណ្ណជោតោ ភ្នំពេញ : ពុទ្ធសាសនបណ្ឌិត្យ
ព្រះវិនយវណ្ណនា (ពុំមានអ្នកនិពន្ធ)បោះពុម្ពលើកទី៤ គ.ស.១៩៩៤
ភិក្ខុប្បាតិមោក្ខ១៩៨៨ គណៈកម្មការធម៌វិន័យព្រះពុទ្ធសាសនា ភ្នំពេញ
វិន័យខន្ធកៈនិងបរិវា ភាគ១,២,៣ ព្រះភិក្ខុភួង សុវណ្ណ ពុទ្ធមណ្ឌលមហាសតិប្បដ្ឋាន វត្តនិគ្រោធវ័ន ព.ស.២៥៥០
វិនយបិដក លេខ១០, ១១, ១២,និង១៣ ភ្នំពេញ : ពុទ្ធសាសនបណ្ឌិត្យ
សាមគ្គាមសូត្រ ទី៤ ក្នុង សុត្តន្តបិដកលេខ២៦ ទំ. ៩៤១១៤
អកោសវគ្កទី៥ ក្នុង សុត្តន្តបិដកលេខ៥០ ទំ. ១៦៧១៩៨
អធិករណបភេទ ក្នុង វិនយបិដក លេខ១៣ ទំ.១៤៣១៧២ ភ្នំពេញ : ពុទ្ធសាសនបណ្ឌិត្យ ព.ស.២៤០៤
អធិករណសមថៈ ទីបំផុត ក្នុង វិនយបិដក លេខ៥ ទំ. ៤២១ ភ្នំពេញ : ពុទ្ធសាសនបណ្ឌិត្យ ព.ស.២៤៩៨
ឧទ្ធរណ៍(ការសើរើក្តីម្តងទៀត)និងល័ក្ខ៍ណ្ឌនៃការសើរើ ក្នុងវិនយបិដក លេខ១៣ ទំព័រ ១៤២១៤៣
ឧបាលិវគ្កទី៤ ក្នុង សុត្តន្តបិដកលេខ៥០ ទំ. ១៥៤១៦៦
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.ch11.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.
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