Judicial processes and legal authority in pre-colonial Bali

Creese, Helen M. (2009) Judicial processes and legal authority in pre-colonial Bali. Bijdragen tot de Taal-, Land-en Volkenkunde, 165 4: 515-550. doi:10.1163/22134379-90003631

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Author Creese, Helen M.
Title Judicial processes and legal authority in pre-colonial Bali
Journal name Bijdragen tot de Taal-, Land-en Volkenkunde   Check publisher's open access policy
ISSN 0006-2294
Publication date 2009-01-01
Sub-type Article (original research)
DOI 10.1163/22134379-90003631
Open Access Status DOI
Volume 165
Issue 4
Start page 515
End page 550
Total pages 36
Editor B. Arps
Place of publication Leiden, Netherlands
Publisher Brill
Language eng
Subject C1
210302 Asian History
950502 Understanding Asia's Past
Abstract Law codes with their origins in Indic-influenced Old Javanese systems of knowledge comprise an important genre in the Balinese textual record. Written in Kawi – a term encompassing Old Javanese, Middle Javanese and High Balinese – the legal corpus forms a complex and overlapping web of indigenous legal texts and traditions that encompass the codification and administration of civil and criminal justice as well as concepts of morality and right conduct. The most significant codes include the Adhigama, Kuṭāramānawa, Pūrwādhigama, Sārasamuccaya, Swarajambu, Dewāgama (also called Krĕtopapati) and Dewadanda. Each of these law codes belongs to a shared tradition of legal thought and practice that is linked to Sanskrit Mānavadharmaśāstra traditions. Manu’s code, most notably the aṣṭadaśawyawahāra section detailing the eighteen grounds for litigation, was adopted as the model of legal textual principle in the early stages of contact between ancient India and the Indonesian archipelago. Over the course of many centuries, this model informed legal and juridical practice and was adapted and modified to suit indigenous needs. The law codes remained in use in Java until the advent of Islam towards the end of the fifteenth century, and in Bali until the colonial period in the late nineteenth and early twentieth centuries. The Balinese legal textual corpus comprises dozens of interrelated manuscripts, some complete and some fragmentary. They provide significant insights in to pre-colonial judicial practices and forms of government. This article provides a survey of the corpus of legal texts and explores the nature of law in pre-colonial Bali.
Keyword Pre-colonial Bali
Judicial system
Legal authority
Q-Index Code C1
Q-Index Status Confirmed Code
Institutional Status UQ
Additional Notes Translated journal title: Journal of the Humanities and Social Sciences of Southeast Asia and Oceania

Document type: Journal Article
Sub-type: Article (original research)
Collections: 2010 Higher Education Research Data Collection
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Created: Wed, 09 Dec 2009, 01:43:38 EST by Jo Grimmond on behalf of School of Languages and Cultures