Southeast Asia: History and Culture
Online ISSN : 1883-7557
Print ISSN : 0386-9040
ISSN-L : 0386-9040
Volume 1983, Issue 12
Displaying 1-11 of 11 articles from this issue
  • Adaptation and limitation—Burmese way of developments of the original Indian concept of ‘Manu’
    Ryuji Okudaira
    1983Volume 1983Issue 12 Pages 3-26
    Published: June 01, 1983
    Released on J-STAGE: March 16, 2010
    JOURNAL FREE ACCESS
    In the article, the author discusses the nature of the Burmese law books called ‘Dhammathat’ in the Burmese language, from the aspect of Indianization. In other words, the author attempts to examine how much the Indian concept of law was adapted to the Burmese legal literature and how much the Burmese legal literature imposed limitations on the Indian concept of law.
    The Dhammathats, which are the main source of Burmese law for the secular society, were compiled in the successive dynasties of Burma. They originate in the Dhammasatthams which were compiled in the Pali language by Mon Buddhist scholars, probably during the Pagan period in the 12th and 13th centuries at the request of the Burmese Kings. The Dhammasatthams, laying down rules for administration of justice, are believed to have been compiled based on ‘Mon Dhammathats’, which in turn were modeled by the Mons upon the Sanskrit Dharmasastras; the Mon modified them to suit local customs and conditions. In compiling the Dhammasatthams, Mon writers borrowed only provisions from the so-called ‘Vyavahara’ of the Dharmasastras, which deals with administration of justice proper, because they were to be applied to Buddhist people. As a result, the size of the Dhammasatthams became very small, and they were tranformed into civil or lay law books.
    There has long been a controversy between two major authorities on ancient laws of Burma as to the Hindu influence on the Dhammasatthams or Dhammathats, one emphasizing Hindu influence based on ‘Manu Smrti’, the other stressing the differences between Hindu and Burmese customary laws; yet both agree that the Dharmasastras are essentially religious whereas the Burmese Dhammasatthams or Dhammathats are secular and social, M. B. Hooker, a specialist in Comparative Law, pointed out that it is not too much to say that the descriptions of the Burmese law books have sometimes become distorted through the eagerness of the commentators to demonstrate an Indian derivation.
    The author's view is that it is undeniable that Hindu influence on Burmese law books will be obvious if attention is paid to the fact that ‘Mon Dhammathats’ were produced through the impact of the Sanskrit Dharmasastras. On the other hand, it is quite reasonable to deny the Hindu influence if we notice the fact that the Pali Dhammasattams were produced as Mon writers modified the Dharmasastras, to suit local customs and coditions, namely to the Buddhist Burmese, and that finally the Dhammasatthams were considerably ‘Burmanized’ as the Burmese Dhammathats.
    According to Dr. Forchhammer, a German archaeologist of the 19th century, the Sanskrit Dharmasastras were introduced prior to the 10th century A. D. from Southern India into Indian colonies on the coast of Burma, and being adopted by the Mons, became the law of the united Burmese and Mon dominion from the 11th to 16th centuries. On the other hand, J. Jardine, the late 19th century Judicial commisioner of British Burma, suggested the possibility that the Sanskrit Dharmasastras had been compiled at the courts of the ancient ‘Pyu’ kings of Prome before the 10th century, and perhaps also at early Pagan. Burmese jurists, while basing their view on chronicles, insist that ‘Pyu’ had three ‘Dhammathats’ before they became acquainted in the 11th century with ‘Mon Dhammathats’. Although no authentic records have yet been found, the author suggests that there may have been Hindu influence on Pyu Dhammathats'.
    According to the eminent Burmese historian Dr. Than Tun, the word ‘Dhammathat’, appears only once in 1249 A. D. in epigraphic records of the Pagan period. Thus, he doubts whether Dhammasatthams as historical books referred to, had really existed in the earlier period. Another epigraphic record referring to ‘Dhammasattham’ or ‘Dhammathat’ of he Pagan period is the
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  • Especially the Genealogy of the T'u-ssu (Native Chieftain)
    Nobuyuki Murai
    1983Volume 1983Issue 12 Pages 27-60
    Published: June 01, 1983
    Released on J-STAGE: March 16, 2010
    JOURNAL FREE ACCESS
    Recently, in historical studies on China, and Southeast Asia, much work has been done about non-Chinese groups in South and Southeast China. As for studies of the non-Chinese groups in Southwest China, however, there remain many untouched areas. Among these non-Chinese peoples in ethnic groups which have the same name, there are some groups which have very similar traits and some which are radically different. With regard to the latter in particular, there are many cases in which it is doubtful whether they belong to the same ethnic group.
    Therefore in this paper, I will study especially the Na-khi tribe, one of the Non-chinese peoples in Southwest China belonging to the Tibet-Burman speaking tribes.
    The Na-khi inhabits chiefly the Li-chiang Na-khi tribe self-government district in Yünnan province. This is their center, but they are also found in the Ning-lang Yi tribe self-government district, the Wei-hsi district, the Chung-tien district, and the Yung-sheng district in Yünnan, and the Yen-yüan Yi tribe self-government district, the Yen-pien district, the Mu-li Tsang tribe self-government district in Ssu-ch'uan province. The population of this tribe is said to be about three hundred thousand.
    In ancient times Na-khi vas written “Mo-so” in Chinese historical documents. Even recently, scholars in China, Europe and America, often use the name Mo-so. The ethnic group (about 170 thousand) which inhabits the districts of Li-chiang, Wei-hsi, Chung-tien and Yung-sheng etc. calls itself na-ci. But the ethnic group (about 6 thousand) which inhabits the Yung-ning territory of the Ning-lang Yi tribe self-government district, calls itself na.
    Although both have been known as Na-khi, there are several differences in their kinship systems, marriage customs, and funeral ceremonies etc. The kinship system of the Li-chiang Na-khi is patrilineal, while that of the Yung-ning Na-khi is matrilineal. The funeral ceremony of the Li-chiang Na-khi changed from cremation to burial in about 1723, while the Yung-ning Na-khi still practise cremation. Among the Li-chiang Na-khi the daughter was sold by her parents, and if young couples wished to accomplish their love against their parents will, they used to commit suicide together. Therefore in the society of the Li-chiang Na-khi, there were a great many cases in which young Lovers comitted suicide. In contrast, there is the A-chu marriage system in the society of the Yung-ning Na-khi. This is a sort of visiting marriage, in other words, adult male and female had an A-chu relation: the male goes to the house of the female. and stays over night and comes back to his own house next morning. The Li-chiang Na-khi have two kinds of script (pictographic and syllabic), but the Yung-ning Na-khi have no script at all. The priest of the Li-chiang Na-khi is called Dto-mba and that of the Yung-ning Na-khi is called Nda-pa.
    Why are there so many differences? I traced back the historical background of these two groups. It is said that the home of the Na-khi was originally in the northeastern Tibet, and that they were originally a branch of the Mao-niu-yue-sui-Ch'iang, and migrated to Li-chiang during the T, ang dynasty, Tao Yun-kui gives detailed report of this based on the Chinese historical documents and his field work, and Li Lin-ts'an gives detailed reports based on the manuscripts of the Na-khi pictographic script and his field research. But both scholars did not discuss clealy the time of their separation. At present from Chinese historical documents of the T'ang and Sung dynasties, it is difficult to know how they separated and developed after their separation. But from the documents of the Yuan and Ming periods when the Chinese dynasty established the T'u-ssu system among the non-chinese peoples of southwest China, it is possible to learn about this to some extent. The T'u-ssu (native chieftains) of the Li-chiang Na-khi have several kinds of genealogies. From these genea
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  • KYOKO TAKASE
    1983Volume 1983Issue 12 Pages 61-90
    Published: June 01, 1983
    Released on J-STAGE: March 16, 2010
    JOURNAL FREE ACCESS
    The Rekidai Hoan, a collection of official papers exchanged between Ryukyu and the Ming and Ch'ing dynasties as well as between Ryukyu and some Southeast Asian countries, contains a number of articles called fubun, sissho. They are a kind of passport, in which the names and official status of those who travel from Ryukyu to the forein countries above-mentioned are given.
    Kacho is one of the official status in the paper, In China, kacho was a pilot in charge of a compass. In Ryukyu too, kacho has been considered to be a title for a similar duty, because it is known that it was the Chinese immigrants called the Binjin-sanjurokusei who taught the Ryukyuan people how to navigate and to compile diplomatic documents.
    However, the title kacho is replaced by sokan to denote that same position in the Ryukyuan Family Chronicles. While in the Ryukyu-koku Yuraiki and the Ryukyu-koku Kyuki, the title is given to a person who offers incense to the Tenko-bosatsu in a boat.
    I picked up all kacho from the first compilation of the Rekidai Hoan and examined the number of their navigations and their ages. It turned out that their average age was 22, and that 63 percent of them engaged in only one sailing. Also it is found that as many as 27 ships had no kacho. These facts seem to contradict the statement that kacho was a pilot.
    I conclude, therefore, that kacho in Ryukyu Islands was a officer in charge of rituals on board, except kacho of the first generation who immigrated from China.
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  • T. Iwatake
    1983Volume 1983Issue 12 Pages 91-138
    Published: June 01, 1983
    Released on J-STAGE: March 16, 2010
    JOURNAL FREE ACCESS
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  • T. Yamamoto
    1983Volume 1983Issue 12 Pages 139-143
    Published: June 01, 1983
    Released on J-STAGE: March 16, 2010
    JOURNAL FREE ACCESS
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  • H. Wada
    1983Volume 1983Issue 12 Pages 143-146
    Published: June 01, 1983
    Released on J-STAGE: March 16, 2010
    JOURNAL FREE ACCESS
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  • K. Nemoto
    1983Volume 1983Issue 12 Pages 147-151
    Published: June 01, 1983
    Released on J-STAGE: March 16, 2010
    JOURNAL FREE ACCESS
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  • S. Ito
    1983Volume 1983Issue 12 Pages 151-154
    Published: June 01, 1983
    Released on J-STAGE: March 16, 2010
    JOURNAL FREE ACCESS
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  • K. Ichikawa
    1983Volume 1983Issue 12 Pages 155-157
    Published: June 01, 1983
    Released on J-STAGE: March 16, 2010
    JOURNAL FREE ACCESS
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  • 1983Volume 1983Issue 12 Pages 159-175
    Published: June 01, 1983
    Released on J-STAGE: March 16, 2010
    JOURNAL FREE ACCESS
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  • S. Ito, A. Kaji
    1983Volume 1983Issue 12 Pages 182-195
    Published: June 01, 1983
    Released on J-STAGE: March 16, 2010
    JOURNAL FREE ACCESS
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