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Tibetan Folk-law

Published online by Cambridge University Press:  15 March 2011

Extract

Tibetans inhabit three major regions, Tibet proper, Khams, and A-mdo. Tibet is the region so marked on the maps; Khams is the province marked as Sikang; A-mdo does not exist as a political entity, but is divided into a number of Hsien (counties) in the north-western part of Szechwan, the south-western part of Kansu, and the area inhabited by Tibetans in Ts'inghai or Kokonor. My four years' field experience of Tibetan culture was in A-mdo on the Kansu-Ts'inghai border. My study of Tibetan folk-law, therefore, is based on conditions in A-mdo. The appended translation of “Rules of Punishment for Tibetans” (promulgated by the Manchu Imperial Court in 1733) applies mainly to Tibetans in A-mdo and secondarily to those in Tibet and Khams.

Type
Articles
Copyright
Copyright © The Royal Asiatic Society 1950

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References

page 128 note 1 Though the eight-item regulations in Korea are attributed to Chitze in 1121 b.c., the most frequent contact between China and Korea was in the seventh century a.d. Of the eight items, only three are mentioned by Ma Tuanlin in his famous study of Institutional History (Wenhsien T'ungk'ao): capital punishment for murder, compensation in grain for injury, slavery for theft. But Japanese histories attribute “Seventeen Articles of the Constitution” to Prince (taishi) Shotoku in the seventh century a.d.; they may be summarized thus: (1) harmonious relations among men; (2) refuge in the Buddha, Dharma, and Sangha; (3) obedience to imperial orders; (4) propriety among ministers; (5) just litigation without greediness; (6) punishment and reward to deter tho wicked and encourage the good; (7) proper division of labour to suit individual qualities; (8) early attendance at the court and late adjournment; (9) sincerity as the basis of righteousness; (10) tolerance for individual differences; (11) discernment of merit and demerit in making rewards and punishments; (12) no unauthorized taxation by officials; (13) as colleagues know each other's duties, there should be no neglect of affairs if an official is ill or absent on leave; (14) no jealousy among officials toward one another; (15) friendly co-operation as a result of unselfishness; (16) timely employment of people in order not to hurt their occupation; (17) consultation with the many in affairs of importance.