Thai Legal History
From Traditional to Modern Law

The first book to provide a broad coverage of Thai legal history in the English language.

Andrew Harding (Edited by), Munin Pongsapan (Edited by)

9781108830874, Cambridge University Press

Hardback, published 17 June 2021

350 pages
26.3 x 18.5 x 2.2 cm, 0.79 kg

'This is a ground-breaking work – the first collection of Thai legal history essays in English. Featuring works by a group of senior and junior scholars, these essays range right across the epochs and encompass an eclectic mix of subjects. Radiating scholarship and erudition, these essays will appeal to specialists and generalists alike. Hats off to Harding and Pongsapan for pulling off what those studying legal history in Southeast Asia have long regarded as an impossibility. An important and compelling read.' Kevin Tan, Professor of Law, National University of Singapore

This is the first book to provide a broad coverage of Thai legal history in the English language. It deals with pre-modern law, the civil law reforms of the late 19th and early 20th centuries, and the constitutional developments post-1932. It reveals outstanding scholarship by both Thai and international scholars, and will be of interest to anyone interested in Thailand and its history, providing an indispensable introduction to Thai law and the legal system. The civil law reforms are a notable focus of the book, which provides material of interest to comparative lawyers, especially those interested in the diffusion of the civil law.

1. Introduction Andrew Harding
2. Thai legal history: a brief literature review Rawin Leelapana, Andrew Harding and Eugenie Merieau
Part I. Traditional law and its modern resonances: 3. Thammasat, custom and royal authority in Siam's legal history Chris Baker and Pasuk Phongpaichit
4. The history of the initial royal command: a reflection on the legal and political contexts of kingship and the modern state in Siam Kongsatja Suwanapech
5. Buddhist influence on the ancient Siamese legal system, from Ayutthaya to the twenty-first century Khemthong Tonsakulrungruang
6. A history of the Thai Le`se-Majeste´ law Eugenie Merieau
7. Blood curse and belonging in Thailand: law, Buddhism and legal consciousness David M. Engel
Part II. Foreign influence and the reform period: 8. British judges in the supreme court of Siam Surutchada Reekie and Adam Reekie
9. The fundamental misconception in the drafting of the Thai civil and commercial code of 1925 Munin Pongsapan
10. The modernisation of Thai criminal law: from the 1908 penal code to the 1956 criminal code Kanaphon Chanhom
11. Thai trust law: a legal import rooted in pragmatism Surutchada Reekie and Narun Popattanachai
12. The history of Thai family laws: strong women and weak gender equality under the law Apinop Atipiboonsin
13. The origins of Thailand's bureaucratic state and the consolidation of administrative justice Peter Leyland
14. Siam and the standard of civilisation in the nineteenth century Krisdakorn Wongwuthikun and Naporn Popattanachai
Part III. Constitutional conflicts 1932–2017: 15. The Thai-style democracy in post-1932 Thailand and its challenges: a quest for nirvana of constitutional samsara in Thai legal history before 1997 Rawin Leelapatana
16. Permutations of the basic structure: Thai constitutionalism and the democratic regime with the king as head Henning Glaser
17. The 1991–1992 judicial crisis: personalities or principles? Duncan McCargo
18. Without account: coups, amnesties and justice in Thailand Tyrell Haberkorn
Glossary
Index.

Subject Areas: Law & society [LAQ], Systems of law [LAF], Buddhism [HRE]