Nirvana, Rebirth and the Cosmological Consequences of Monastic Law
from Part II
Published online by Cambridge University Press: 20 February 2026
What is monastic law for? This chapter explores the goals of monastic law, beyond its concerns with regulation and governance. Drawing on ethnographic, archival and survey research, it examines the various ‘nonpositivist’ aims pursued by monastic jurists: preserving unity and unanimity (sāmaggi) among monks; maintaining discretion and protecting reputations; avoiding (further) conflict and identifying the root causes of strife; minimising judicial prejudice by eliminating the mental defilements (kilesa) that give rise to them; restoring offenders to the community by applying therapeutic sanctions; aligning the conduct of monks with the concerns of local laity and temple donors; and, most importantly, shortening saṃsāra and hastening nirvana. This chapter highlights the intertwining of positivist and nonpositivist elements in monastic law, shining light on a legal order that not only enforces standards of conduct but also impacts karma, saṃsāra and the path to nirvana.
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