A COMPARATIVE ANALYSIS OF ANIMAL RIGHTS IN VIEW POINT OF BUDDHISM AND LAW

Abstract

The objectives of this orticle had three aspects as 1) to study the concept of animal in Buddhist and laws, 2) to study of animal rights and the law that related to animals and 3) to analyze the animal rights in Buddhist and laws perspective. IT was a documentary research. The research’s result found that 1) in Buddhism, animal means being that reborn again and again in Samsara, in general term, it focuses on animal being, not human being, have transverse body and can’t achieving Nirvarana. In legal term, it means livestock for various purposes and animals living naturally, may be regarded as personal property . 2) The word “animal’s right” is not found directly in Buddhist text, but it implies the existence of animal’s right. Related teachings on this regard are Five Precepts and Five Dhammas. In the legal system, “animal right” means instrumental requirement designed for protect and offer a safeguard to animals. Related theories are Theory of animal’s right, theory of animal’s welfare, theory of animal’s slavery abolishment (Abolitionist Theory), and theory of animal’s right on the basis of civil (Citizenship-based Theory). 3) Buddhism accepts the existence of animal’s natural right and moral right. But in term of legal system, animal’s right was bestowed by human being afterward. Its justification taken as norm or rule are five precepts and the law of Kamma, considering on the basis of volition and the result of action. The one who violate will consume the result according to the action. Legal system accepts the existence of animal’s right in all three categories. In this regard, animal’s right can appears as a promulgation or law of protection animals to prevent them from cruel or brutal treatment as well as providing safeguard for them. The one who violate or ignore such order will be guilty and destined to be punished by law. The laws issued on this regard, are diverse according to locality and culture, therefore, the problems of brutality and killing animals are still be there due to the differentiation of acceptance and understanding, taking advantage or struggling for survival, moral conscience and opinion. These issues are waiting to be discussed and find the proper resolution together and develop them on the right path.