THE CAPITAL PUNISHMENT (DEATH PENALTY) IN THE VIEW OF BUDDHIST ETHICAL PHILOSOPHY AND WESTERN PHILOSOPHY

Abstract

This research entitled ‘The Capital Punishment (Death Penalty) in the View of Buddhist Ethical Philosophy and Western Philosophy’ has three objectives: 1. to study the capital punishment (death penalty) in Thai law and in western philosophy, 2. To study the capital (death penalty) in Buddhist ethics, and 3. To analyze the capital punishment (death penalty) in the view of Buddhist ethical philosophy and western philosophy.

This is a documentary research included with interviews people in the professional field that are directly and indirectly related, these can be described, analyzed and evaluated as followings.

In the research, it was obviously found that: 1. The capital punishment or the death penalty is the heaviest action in Thai law and in the law of foreign countries, for example : in Thai criminal law which is written in the year 1997, it mentioned about the offenses relating to national security and offenses by against the King, the Queen, Heir – apparent had written in Article 107, guilty of assassinating the King or attempting to assassinated had written in Article 108 and etc. In western philosophy, there 4 types of punishment theory which are 1. The Retributive Theory or the Just Deserts Theory,         2.The Utilitarian Theory, 3.The Rehabilitative Theory, and 4.The Social Protection Theory. For the death penalty in many countries as found evidence, there are several main methods as follows: 1.Shooting, 2.Hanging, 3.Injection and others. In this research, the researcher has brought the philosophy concepts of John Stuart Mill and Immanuel Kant to use in analysis. 2.The death penalty in Buddhist ethics is a comparison that is equivalent to the action which is ordered the monk to changed from monkhood. It is expulsion from the group or the status of monk called the Parachik, means man who was defeated and means man who was driven away from being a monk, because the monk violates one or more of the four Parachik that was very serious. The four parachik those are forbidden for monk. Punishment in Buddhist ethics is called Nigghahagamma (means to blame). It contrast to the word Paggkahakamma (means to praise). There are six kinds blame: 1. Tachchaniyakamma means the method of punishment by blame him for a little, 2. Niyasakamma is the method of punishment by removing the rank, go back to the beginning and give up his duties,              3. Pappachaniyakamma is punishment by expulsion from a group or a temple,                    4. Pathisaraniyakamma is punishment by leading him to reminds others of their supporting or asking for forgiveness, 5.Ukkhepaniyakamma is a method of punishment by prohibiting living together or forbidden to share food with all of the monks, and 6.Tassapapiyasikakamma is a methodof punishment by considering as appropriate, or adding some more increase the penalty as much. The death penalty may be comparable to Ukkhepaniyakamma which is means a method of punishment by banning to lives together with all of monks, because man who was killed, he can not return, also monk who was prohibited to joint with group of monks, he can not come back again. Buddhist ethics is also divided into 3 levels: 1.the high level is the eight Magga, 2.the middle level is the ten Akusalakamma, and 3. the low level is the five precepts. Buddhist ethics also said about punishment by twelve Kamma as mentioned in the details. 3.An analyze the death penalty in Buddhist perspective. It can be seen that the death penalty is cruel] inhumane. In Buddhist ethics, it does not really support the death penalty} but an expulsion from a group of monks or society is regarded as equivalent to the death penalty and the purpose of expulsion from the masses of monks is to discourage you from being unfit to live in a monk’s society. You should go in a secular society, and then you can be a good person in that society, you can still do good, take benefit for the secular society. Moreover, even though it was a disciplinary discipline, if it is a serious offense as specified in criminal law, it is also actually entitled to the death penalty. We should be aware of this. From the interviews with the people involved, the majority of the interviewees agreed that punishments when that person committed an offense, and also saw that the death penalty has most wanted by western philosophy, both John Stuart Mill and Immanuel Kant.