Thai Legal History

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.

Provides a very useful introduction to Thai law and legal system
Recognizes the Thai experience is not unique and facilitates comparison with other similar legal history narratives such as Japan, China, Korea
Links legal development with society in terms of legal values and legal consciousness and provides insights into law and society generally.

Reviews & endorsements

'This edited collection is a work of great scholarly depth and breadth. It unites the work of an exciting group of scholars to address fundamental questions concerning the past and future of the Thai legal system. Lively issues in Thai legal history such as 'legal families', 'legal culture' and the civilian heritage of Thai law are thoroughly investigated. It is, without doubt, a future classic of Thai legal history.’ Paul du Plessis, Professor of Roman Law, Edinburgh University

'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 volume includes some outstanding scholarship from a mix of contributors, several from Thailand and quite a few early career scholars, along with established academics … readers will certainly learn much from this collection and the debates it details …’ Kevin Hewison, Asian Journal of Comparative Law

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Product details

Published: July 2023
Format: Paperback
ISBN: 9781108829861
Length: 323 pages
Dimensions: 255 × 175 × 18 mm
Weight: 0.616kg
Availability: Available

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Contents

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.

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Contributors

Andrew Harding, Rawin Leelapana, Eugenie Merieau, Chris Baker, Pasuk Phongpaichit, Kongsatja Suwanapech, Khemthong Tonsakulrungruang, David M. Engel, Surutchada Reekie, Adam Reekie, Munin Pongsapan, Kanaphon Chanhom, Narun Popattanachai, Apinop Atipiboonsin, Peter Leyland, Krisdakorn Wongwuthikun, Naporn Popattanachai, Rawin Leelapatana, Henning Glaser, Duncan McCargo, Tyrell Haberkorn

Editors

Andrew Harding , National University of Singapore
Andrew Harding is a leading scholar in Asian legal studies, who has worked extensively on Thai and Southeast Asian constitutional law. He is co-author of The Constitutional System of Thailand: A Contextual Analysis (2011), and is co-founding-editor of the series of Constitutional Systems of the World (Hart/ Bloomsbury). He is a former Head of the Law School, SOAS, University of London, former Director of the Centre for Asian Legal Studies at the National University of Singapore, former Director of the Asian Law Institute, and former Chief Editor of the Asian Journal of Comparative Law. His latest book is Constitutional Courts in Asia (2018).
Munin Pongsapan , Thammasat University, Thailand
Munin Pongsapan is Associate Professor and Dean of the Law Faculty, Thammasat University, where he teaches contract law, the law of obligations, civil law systems, and legal history. He received his LL.B. from Thammasat University, LL.M. from the University of Cambridge, and Ph.D. in law from the University of Edinburgh. He is a contributor of Volumes I, III, IV and V of the Studies in the Contract Laws of Asia project.

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