Justice under the Dalada: Maha Nāduwa and the Return of Buddhist Jurisprudence in Sri Lanka
Sri Lanka’s current judicial system stems from Judicature Act 2 of 1978 influenced by English & Roman-Dutch Law a carry-forward from Dutch to British colonial rule. Unfortunately, the leaders of post-independence forgot or ignored Sri Lanka had its own distinct Sinhala legal system. The Maha Naduwa was the Buddhist jurisprudence tribunal of ancient Sinhalese kings. The Kandyan Convention is said to have been signed in the Maha Naduwa on 2 March 1815. Following the 1817-1818 Rebellion, the Maha Naduwa was also the venue that passed death sentences of Keppetipola & Madugalla. The Maha Naduwa was also where the Sacred Tooth Relic is occasionally exhibited for public veneration, an event to take place in Sri Lanka from 18 April – 28 April, 2025. It is only right that Maha Naduwa & Dalada Legacy continues restoring ethical Governance in Sri Lanka through Buddhist Legal traditions rooted in the Dalada and Maha Nāduwa Heritage.
The British guaranteed the continuance of laws, customs & institutions that existed in the Kandyan Convention of 1815 though they abolished the ancient penal system. The 1833 Charter of Justice established the British model of Judiciary in Sri Lanka.
The Maha Naduwa (Great Tribunal) is an important historical site primarily located in Anurdhapura the 1stcapital, the centre of Buddhist jurisprudence, where Buddhist law & moral governance took place.
It was a place where the King, the theroes & the laypeople all came together for spiritual, ethical & legal matters– similar to the Swiss democracy method. The governance by Buddhist principles assured morals, justice & peace prevailed.
The Buddhist vinaya (monastic code), Dhamma (doctrines of Buddha) & Sila (ethical conduct) became the legal framework for decisions. There was never room for loopholes or injustice. It is this type of ethical governance that is absent not only in Sri Lanka but across the world today. In Sri Lanka confounding matters is that inspite of Buddhist principles continuing to influence the lives of Sri Lankan society, Sri Lanka’s current legal system is a cut & paste of colonial laws, secular laws, modern statutes & customary laws. There is a disconnection. This disconnection needs to be addressed as it is a key root cause to why society is in a state of flux.
If Buddhists behave like headless chickens it is because what is missing is the Buddhist jurisprudence to govern this Buddhist state.
The Maha Naduwa’s role was to foster a system where Buddhist teachings shaped governance. Thus from individual, to thero, to society leaders & even ruler all had to follow Buddhist moral leadership & ethics based on Buddha’s principles. This was the national identity & this is why Sri Lanka to regain its National Identity has to return to the system of Maha Naduwa. The moral framework for governances is what is needed to address corruption & the many injustices to which the modern western tools have failed to resolve or solve even by punishments.
The secular groups that promote universarl “rights” only make demands for rights but can never solve the ills in society. They only create new groups with new demands for rights.
The Buddhist principles on the other hand promote “duties” – if everyone fulfills their duties automatically everyone’s rights are fulfilled.
UN drafts resolutions but no results from any of them.
The Maha Naduwa has been a time-tested & successful Buddhist jurisprudence principle. In comparison to the other western & even easter systems that prevailed, Buddhist jurisprudence has been by far moral & ethical.
King Dutugemuni, one of Sri Lanka’s most famous kings, sought advice of Buddhist theroes not only for religious matters but also to resolve conflicts & for statecraft to follow Buddhist principles.
The Maha Naduwa was a place for mediation where disputes between individuals, groups or communities were resolved abiding to Buddhist values of compassion, mindfulness & restoration of harmony. The emphasis was always on finding peaceful & moral solutions to conflicts rather than punitive measures. Those promoting Truth & Reconciliation Tribunals should study the Buddhist principles of the Maha Naduwa because the templates followed in all of the Western tribunals have been utter failures, waste of years, funding, time & justice to no one.
True restorative justice with focus on mental & moral well being of the individual is what Buddhist jurisprudence practices rather than the printed-wordings in western legal templates.
The concept of karma (action) and kusala-kamma (good deeds) were central to decision-making.
Thus, the Maha Naduwa was more than just a courthouse – it was a symbol of righteous Buddhist governance
The King (ruler) had to uphold the Dasa Raja Dhamma (Ten Royal Virtues of a righteous ruler) The Buddhist righteous king had to be a persound abound in generosity, humility, non-violence & fairness. In Western democracies, leaders are driven by political gain, cunning, electoral manipulations, political deals with no moral code.
The King was the defender of the Buddha Sasana & the ethical steward of the people.
The Theroes had to abide by the Vinaya Pitaka (code governing theroes) The Maha Sangha played a major role offering ethical guidance unlike many of the Sangha today who have become politicized and not following the code expected of them. Buddhist legal order would force them to align to continue being part of the Sangha.
The Lay persons had to also follow dana, sila, metta, karuna, ahimsa,… all of Buddhas principles.
Justice was dispensed not only to maintain order but to safeguard the moral harmony of the kingdom (which is what is lacking in Sri Lanka & across the world) Western law is divorced from spiritual input. In Western law legality comes before morality though that has got this system nowhere.
Yes, individuals who committed wrongful actions had to face consequences but these consequences were to help them develop spiritually & return to a path of good deeds instead of being shamed & discarded from society. The peace councils for mediation to resolve disputes amicably by the Police in Sri Lanka is a continuation of this ancient model.
This traditional Buddhist legal system was seen as a threat to the colonials as Buddhist jurisprudence linked ethics, culture, societal morals. So they quickly replaced with Western jurisprudence because their law was linked to divide & rule & moral governance was not part of their policy.
What makes Buddhist jurisprudence superior in many ways to western jurisprudence is that the Buddhist legal system lay emphasis on compassion, wisdom & non-violence whereas Western secular jurisprudence prioritizes legal precedent, contractual reasoning which have no moral alignment.
Buddhist legal system viewed punishment not as revenge, an eye for an eye but about karmic correction. Criminal law of the West is mostly about retributive justice which always leads to alienation & resentment. From the Inquisitions, to Nuremburg Tribunals to the Ad hoc Tribunals in Geneva, the hatred & revenge continues.
Why shouldn’t Buddhist jurisprudence be returned to its rightful place of jurisprudence in Sri Lanka given that Article 9 affords Buddha Sasana the foremost place?
There are arguments that just a legal system cannot fit into modern international trade, tech law etc. Why can’t Buddhist jurisprudence be made tech savy?
Why cant Sri Lanka develop AI-driven legal tools that incorporate Buddhist ethical reasoning. Even AI apps will admit the Human Intelligence is no match for Artificial Intelligence & the core of Buddha’s teachings is the power of the Mind.
Why cant virtual mediation platforms inspired by gihi vinaya (lay conduct rules) & ancient sangayana models of collective discussion not be rolled out?
Why cant we have AI & Digital Courts guided by the Dhamma?
Can an AI system be developed that not only analyses laws & precedents but can also take into account intention, karmic consequence & community healing? Isnt this better than bogus Truth Commissions?
Why cant we create digital Sangha Councils that can be accessible globally? Why cant these become moral advisory bodies for national disputes using Buddhist ethics as a guiding compass?
Why cant we create mobile apps (Dhamma Resolve App) for the lay people to learn about their duties & rights based on Buddhist values. These apps that offer advice on how to resolve disputes peacefully with karmic responsibility & filter grievances that require moral not just legal solutions.
Why cant we use blockchain or smart contracts to create transparent tamper-proof restorartive justice agreements? Victims & offenders can truly reconcile monitored by ethical AI & community advisors. Instead of sending a juvenile offender to jail, why not put him through meditation & restitution & tracked via an app?
Isnt it time with so many digital efforts taking place a Global Digital Library of Buddhist legal texts like the Vinaya Pitaka / Dasa Raja Dhamma Rules / Ancient Sinhale Kingdoms law codes were powered into a legal algorithm mixing ancient wisdom with modern law & made available in multiple languages, given a large number of Westerners are also being drawn to the teachings of Buddha.
What cant we integrate National Systems with Buddhist jurisprudence for E-Governance? Courts could consult digital Buddhist panels before sentencing or offer Dhamma based pathways.
Ethical AI will reduce mechanical rulings, digital accessibility will make justice reach rural & poor communities, restorative justice reduces prison population & repeat offences, cultural relevance aligns with Sri Lanka’s spiritual heritage while the global potential is that Buddhist jurisprudence offers a humane model to the world where its current legal system is subtly collapsing.
Thus, Constitutionally Article 9 has given Buddha Sasana foremost place. This means logically, constitutionally & morally, it is timely & necessary to reintroduce & integrate Buddhist jurisprudence into the modern legal framework in Sri Lanka. If the State is mandated constitutionally to protect & foster the Buddha Sasana, the spirit of governance must include he justice, leadership & law that reflects Buddha’s principles. Ignoring this while giving legal & policy space to foreign moderls risks violating both the Constitution & cultural sovereignty of the people.
Sri Lanka’s legal roots — from Anuradhapura to Kandyan times — were grounded in Buddhist legal thinking: moral law, intention, fairness, harmony. Why should that legacy be erased or marginalized in favor of purely colonial or Western legal imports?
The majority population — identifying as Sinhala Buddhists — deeply resonate with the values of Buddhist law, not just legally but emotionally, historically, and spiritually. The non-Buddhists too value the non-violence & peaceful teachings & principles of Buddha & these re-incorproted into a legal system is nothing anyone can object to.
Some of the prompt arguments are likely to be that
Buddhist jurisprudence will create a religious dictatorship – Buddhist jurisprudence is not religious rule or theocracy purely based on ethics, fairness & compassion.
Buddhist jurisprudence will violate minority rights – Buddhist jurisprudence is ethical wisdom based on humanity not religion or for a community
Buddhist jurisprudence is outdated – Buddhist legal system is timeless just like the Dhamma – it is more humane & future-ready than many rigid western models
Buddhist jurisprudence is just Sinhala Buddhist nationalism in disguise – Buddhist jurisprudence draws from Buddhist values & promotes moral leadership not racial or religious supremacy – if at all many corrupt Buddhists may not like such a legal system!
Buddhist jurisprudence will fail in a modern economy – A morally governed society attracts trust, peace & long-term investment. Buddhist jurisprudence will harmonize perfectly as a soft-power global tool and further sustains the island as a moral & peaceful non-violent nation.
Bhutan has offered the world a Gross-Happiness Model, Sri Lanka can offer the world an AI-guided by Human Intelligence Buddhist Jurisprudence Model.
We can create DhammaTech (ethical intelligence for Humanity)
BodhiGov (Compassion-Driven Governance)
Sila AI (Wisdom guided codes)
Samadhi Systems (Centred Governance with Artificial Intelligence & Human Intelligence)
We seek solutions because we lack solutions. We seek leaders because we lack leaders. In the Vasala Sutta Buddha redefines who is truly noble.
These are ethical red flags in governance:
- One who harbors anger and bears grudges – resentful leadership
- One who is deceitful and hypocritical – manipulative policy
- One who strikes living beings – abuse of power, violence
- One who does not support aged parents – abandonment of duty
- One who speaks falsely – dishonesty in leadership
- One who destroys villages or communities – warfare, ecological destruction
- One who is greedy, selfish – corrupt governance
- One who lacks gratitude – no accountability or acknowledgment of the people
- One who preaches but does not practice – performative ethics
It is not birth or class, but conduct that defines who is “noble” or “outcaste” (vasala).
Adhammika Sutra further shows the impact of bad leadership trickling down from ruler to entire Nation.
The Dalada Exposition will commence from 18 April to 28 April. It is more than timely that Buddhist Jurisprudence be reintroduced to regain all the moral high ground lost to our Sacred Nation.
Shenali D Waduge
