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Vol. XXIII No. 1
 
 
 
 
 

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L 1963

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Editors P. E. E. FERNANDO W. J. F. LABROOY K. W. GOONEWARDENA
April,
OONT
The Influence of Buddhism on Germa
and Poetry
by E. Waldschmidt
Roman Legal Thinking and the Mode
by C. F. Amerasinghe
Horatian Hints of a Hereafter by A. C. Seneviratne
A Buddhist Discourse on Meditation
by W. Pachow
The Nainativu Tamil inscription of P.
by Karthigesu Indrapala
A Phonemic Statement of the Sinhale
(o), (a) and (aa)
by M. W. S. de Silva
A Note on the Aesthetic Concept of
Kav-Silumina
by G. Wijayawardhana
The Regional Concept - Its Place in G
Studies
by Lakshman S. Yapa
Book Reviews
UNIVERSITY OF
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Manager THE LIBRARIAN UNIVERSITY OF CELON
1963
ENTS
PAGE In Philosophy
1.
rn World
4.
rom Tun-Huang
-T
hrakramabahu II -
se VoWels
Rasa-Bhava in
Heographical
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ཚེ་
University of C
تخصہے﴿S
Vol. XXI, No. 1
The Influence of Bud Philosophy ar
PASSAGE in one of the works of Α poet, who lived from 1797 to reads: “What we could wish f the study of Sanskrit; the only thing we academicians does so, is a good compendi when he wrote those lines, was that the temporaries, an unusually sensitive spirit hauer, a German philosopher who live already gone into Indian religious matt a degree of enthusiasm that won suppo Buddhism for several ensuing generatic I was in the top forms of my secondary sc War, the 1914-18 one, I was one of thos was his work that led me to India. This during the first half of the nineteenth cent he was an author of no mean ability. W gained from life's experience, his examp world literature, his analyses and even hi. the interest of an open mind. Admitte youthful ear his main doctrine sounded si: the will to exist, the hunger for life, a blin the core of our own being and the hub o Existence, said Schopenhauer, was there pain of unfulfilled desire and the bore There was, he said, only one true source o decision to lay down individual will, tog
*This is the text of a lecture delivered by Professor
Peradeniya, on 15th March 1963.
ག
 

eylon Review
April 1963
dhism on German
d Poetry"
Heinrich Heine, a famous German 1856, entitled Thoughts and Ideas, or is that a genius may embark on get, when one of the usual run of um.“ What Heine did not know, re was a genius amongst his conby the name of Arthur Schopend from 1788 to 1860. He had er with deep understanding and rters for the study of India and ns. I frankly admit that when hool, shortly before the first Great e who read Schopenhauer, and it man, who wrote his main works lry, was not merely a philosopher: Vith his aphorisms on the wisdom les selected from a wide range of sarcasm, he knew how to capture dly not in every case-for to the lister. This philosopher regarded d, incessantly restless urge, as both the entire world surrounding us. ore always shuttling between the lom of wishes already fulfilled. fhappiness: the denial of will, the ive up the egotistical thirst for life.
E. Waldschmidt at the University of Ceylon,

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UNIVERSITY C
He perceived two ways of doing th forgetting one's own individuality admiration of creations of art, th relinquishment and extirpation of a life of holiness.
In Indian religious works, the confirmation of his own convictio by the Upanisads and Buddhism. to that fact. His high opinion of I expressed in the quotation “Our India . . . . On the other hand, Inc and it will bring about a fundame of thought.” Schopenhauer thoug trines in the religions of India. He between his philosophy and Budd teach the same in all essentials. the meaning of the terms upadana synonymity with my doctrine is wrote the first volume (the volun work entitled “The World as Will ween 1814 and 1818, I could not po Several tinnes he referred to himse intend taking the results of my phi have to give Buddhism preferenc penhauer, the pessimist from Fra gingly called him, was a son of C directey the discovery and extolli Schlegel brothers and other writers nineteenth century. India, her re. 1malny Ro1nnanticists at the ti1nne iın tl winged words written in 1785 by from 1744 to 1804, bore testimony are the gentlest tribe of humanity. being; they honour what Life bring -milk, rice, fruits of the trees, th by their motherland. Their statu Their gait and carriage are charmi bodily stature is, so is the original and calm depth of soul are the hallin To Herder it meant a sensation whe

F CEYLON REVIEW
at: one of them consisted in occasionally for brief periods in a supra-individual e other in the complete and unceasing egotistical will through the medium of
من 45 لاج
philosopher found consolation and the ls. Especially was his interest captivated Numerous passages in his works testify Indian wisdom in general, for instance, is religion will never, never take root in lian sagacity is flowing back to Europe, ntal change in our knowledge, our way ht he recognised some of his basic docmakes several references to the similarity hist conceptions. “Buddha . . . . and I In one passage, he expresses himself on and karna, adding “In every way, the marvellous, especially because, when I he referred to is the philosopher's main and Conception) during the period betssibly have known anything about this.' lf and his disciples as Buddhists. “If losophy as a yardstick of truth, I should De over the others (religions). Schonkfort', as his contemporaries disparaGerman Romanticism. Hic experienced ng of Indian gens of intellect by the and orientalists at the beginning of the ligions, and her literature, appeared to he light of absolute transfiguration. The Johann Gottfried Herder, who lived to this fact. He wrote, “The Hindus They are reluctant to hurt any living is, and live on the most innocent of food e healthful vegetables, offered to them re . . . . is upright, slim, beautiful . . . .
速 in the highest degree ... And as their
shape of their intellect: gentle feeling harks of their work and their pleasures.' in he made the acquaintance of Kalidasa's
2
ܠܐ
ܓܠܬܵܐ .

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INFLUENCE OF BUDDHISM O
masterpiece entitled Šakuntalā, translate
Forster from the English translation exec
scene, says Herder in his preface to t caused to be issued in 1803, “every scen gings from the cause itself like a bea
doubt whether humanly gentler and y,
ceived within our world, within the
little interest in Indias belletristic litera of wisdom, which was why he over-esti and Saw this and that in a refracted lig research during the past Century and a hal accurate knowledge on quite an amou precisely-as my learned colleague von difference between the teachings of the E But the perception of genius which
essential points even during his day is sc our admiration. It is also quite clear 1 Schopenhauer's works would be led at al.
Together with F. W. J. Schelling, G. W. F. Hegel, who lived from 1770 t a generation of German philosophers albeit translated—were made accessible fi decessor, Immanuel Kant, who lived frc completely on travel descriptions and se of India when he gave his lectures ong intimate feeling for the intellectual treas was different. Like Schopenhauer, he e of Kalidasa's Sakuntala : " How great i appreciation of its charming gentlene work, Sakuntala, has been received thre the basis of these sentiments, one finds of the spiritual, that extraordinary sensis invisible, so to speak-that makes its enthusiasm expressed in its poetry. got any nearer to Buddhism itself.
Hegel, who from 1818 to his deathi in Berlin and wielded a powerful influe of the Prussian State, had a very prono sophy which has lasted right upto the
3

IN GERMAN PHILOSOPHY
d into German in 1791 by Georg uted by Sir William Jones. “Every he second edition of the work he e is garlanded by floral chains; each utiful plant, naturally. . . . . . . . . . . I et nobler ideas could ever be conuniverse. Schopenhauer showed ture; to him, India was the source mated the age of severalconceptions, ht. The strides forward taken by fhave provided us today with more nt of detail. We can define more Glasenapp already has done—the Buddha and those of Schopenhauer. enabled the philosopher to grasp mething which even now compels now any youthful intellect reading early age to study Indian religions.
who lived from 1775 to 1854, and o 1831, Schopenhauer belonged to io whom original Indian worksor the first time. Their great preom 1724 to 1804, had still to rely - condary sources for the knowledge pography. He could not have any ures of India. With Schelling this steemed the Upanisads, and wrote is the delight, how widespread the ss, with which Kalidasa's famous ughout Europe. If one looks for that it is precisely that prevalence ity of a soul making its Outer shell elf felt in the unnatural flight of
Nevertheless, Schelling never
1831 was a professor of philosophy nce as the pre-eminent PhiloSopher unced influence on German philopresent day, although the teachings

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of his pupils and successors were pro his own. Karl Marx, for instance, system of materialism and the idea
thought. In every field, Hegel was The latter, as already mentioned, ha the world as deriving from the irrati urge for existence as the ultimate pr according to Hegel, the actual wc reason, which develops and organ Again according to Hegel, the inte instance, it takes the form of objecti family, in society, and finally in the of a monarchy is to Hegel objectific Schopenhauer made a great deal of he confronted Hegel's hallucinatio silly facts of reality. The powerfu two thinkers led them to completel with which they became acquair himself with India a great deal; he rea himself one-sided and inadequately conception of the Buddha’s image
and arms Crossed, so that he has oi explains as intravertion—sucking
here-and very probably rightly soof a picture of the young Krishna v. meditation. Always captivated by Hegel measures everything he hears as in the case with Buddhism, usually more, he shows no Sympathy for su with a negative attitude towards Ind
To Schopenhauer's way of thin professorial philosophy, the quasiphilosophy, whilst he himself-Schc nature's born philosophers. There that this thesis was correct. Later I once held in such high esteem had sophy-the exponent of a romantic scientific and school philosophy. N German philosophy does come out ii
philosophy. Just such a philosoph

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bably not in the least synonymous with owes him the philosophical basis of his of dialectics as the self-development of the complete contrary of Schopenhauer.
d made a magnificent attempt to explai- -
ional, from the hunger for life, from the inciple throughout the whole of nature: rld-creative principle is intellect, pure ises matter into higher forms of life. allect can assume objective forms. For ve power in the law, in morality, in the State, which last mentioned, in the form 2d intellect in its highest form on earth. fun of this apotheosis of the State, and ns about objectified intellect with the contrast between the attitudes of the y different views on the Indian works nited. In his works, Hegel concerned ld a number of works, but often showed : informed. This, for instance, is his e s a in thoughtful posture, legs he of his toes in his mouth'. This he at himself. Von Glasenapp assumes that Hegel was confusing the memory with that of one of the Lord Buddha in the conceptions of his own system, of India with his own yardstick, and, fails to penetrate to any depth; furtherh foreign matter, so that he finishes up
1a.
king, Hegel was a typical exponent of philosophy of the paid professor of penhauer-regarded himself as one of
was a time when I was convinced ', however, I realised that the thinker remained an outsider in German philo
tendency which exists in addition to ow and then, one of these outsiders in to the open with a new, daring worldmical romanticist was Schelling. The
4

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INFLUENCE OF BUDDHSM (
most important since Schopenhauer's Allow me to say a few words about personal mode of description.
Y-i- mentioned that I began to take
upper forms of secondary school. Th year. I changed my school cap for a h Artillery, and sent to the forts at Kiel ( be stationed there for some time, for I Paul Deussen, known for his translatic other indological works, held the cha multi-volume History of Philosophy, f philosophy a place on an equal footing si
At the time, I knew little about Dei I had heard of him as the founder of a S of a critical edition of Schopenhauer's w his acquaintance, and he often invited in I am speaking of he was seventy, and h be read to. He had just completed his from them aloud to him. One interes ship with Nietzsche, who was born in 18. e had attended secondary school (Sc touch after leaving school. Nietzsche, of genius and prophetic disposition, v when a mere forty-five, after a scintilla mentally deranged. His views, on wh tremendous eloquence, underwent mo from the Greeks, he joined Schopenha him in a work entitled Schopenhauersiatic about Richard Wagner, poet an personally. However, all this was of lit he jettisoned the idols he had worshippe a new philosophical conception he entitl As Schopenhauer had done, he explainec of the irrational. He, too, regarded deriving from a world of obscure urges. the original urge underlying all the otl but the will for pouver, the will for a riche Schopenhauer had stated the will for exist Nietzsche now opposed this view. His i
5

ON GERMAN PHILOSOPHY
day has been Friedrich Nietzsche. him, and to avail myself of a more
an interest in Schopenhauer in the e Great War brought a break of a elmet in 1915, was put in the Naval on the Baltic coast. I was lucky to was near a University town where on of the Upanisads and numerous ir of philosophy. He had, in his or the first time accorded Indian de by side with western philosophy.
assen's indological works; however, chopenhauer Society and the editor works. It took me no time to make ne to call at his place. At the time is sight was so weak that he had to memoirs, and I often read passages ting chapter dealt with his friend44 and died in 1900, and with whom hulpforta). The two had kept in writer and philosopher, was a man vithal a very unhappy man who, ting display of authorship, became nich he habitually held forth with re than one change. Proceeding uer's admirers, paying homage to as Educator. He also waxed enthuld composer, and befriended him mited duration, and when it passed, td and established his own views in led Beyond the Pale of Good and Evil. the world from the point of view all human action and thought as
He, however, did not conceive of ner urges as the will for existence, er, higher, more powerful existence, tence has to be denied and destroyed: dea was to affirm the here and now

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and the will for power wholehea to look forward to far-off, vague but to live in such a way as to creat Existence, he said, should be wort this light that Nietzsche put forw of all things, a belief to which he One of the things he said on this the image of eternity.” In a coI thought, a higher form of man Nietzsche possessed a comparati Buddhism, which he considered concerned, superior to Christiani of tiredness of the world and its could hardly be two greater anti striving for the continual renewal would have it, and the rejection ( upholding the cycle of births, says
Coming to the second part influence of Buddhism on Germa penhauer to the fore as a mediur themselves with Indian Works har of Schopenhauer. The leading Wagner, who lived from 1813 to cally celebrated during the final de today receives homage from ev dramas are produced again and ag opera house. Taken from sagas a grandeur and a great deal of sym an overall work of art, for whi In doing this, he believed he had obsolete, and had attained a new s incarnation of the bloom of rom was also a thinker and meditate works in 1854 and lonely and u1 from heaven. In a letter he wro I have, one of whom I continually looking and yet so deeply affecti penhauer, Wagner discovered B Buddhist scriptures available in his he had the good fortune to be a co

OF CEYLON REVIEW
rtedly. He did not, he once said, want : happiness and blessings and forgiveness e the will to live again, to live eternally. hwhile and worth repeating. It was in Tard his doctrine of the continual settiran may perhaps have been moved by India. subject was "Let us stamp our lives with htinually repeated series of existences he , a superman, would come into being. vely lucid conception of the essence of , so far as philosophical substance was ty. But in Buddhism he saw the result ways, and theoretically, it is true, there theses than the conscious and affirmative of existence on the one hand, as Nietzsche bn the other of all activity conducive to ira, as recommended by the Lord Buddha.
of this talk, the subject of which is the in poetry, I must once again bring Schon, since most poets who have concerned ve more or less been convinced disciples light amongst these poets was Riclárd 1883, long unrecognised but enthusiasticades of his life: a poet and composer who ery, quarter of the world. His musical ain with enormous success in every large und mythology, with heroes of unnatural bolism, they form what might be called ich Wagner wrote both text and music. made the spoken drama and pure music tage of development in art. He was the anticism. Wagner was an artist, but he Dr. He stumbled upon Schopenhauer's hsung at the time, termed them manna te in 1860, he said, ".... but one friend grow fonder, and that is my old, so grim onate, i Schopenhauer”. Through Schouddhism. He knew the translations of day. In 1881, two years before he died ntemporary to the publication of Herman
6
*-
-->

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INFLUENCE OF BUDDHISM C
Oldenberg's book entitled Buddha, His which so enthralled him that he read it Wagner's own works sound an unmist, to give you an example and quote a fev
a sit-The Twilight of the Gods. At the en
brand into Valhalla's glittering castle the flames, takes her leave of the world
This seat of zeal This bedlann I fic i Eternal rebi open portal: I close secure bel to holiʼst spheres sans Craving mundane meand redeemed now f goes one who al
Words that might have been spoke of Wagner's works which has similar p. is the very tragic Tristan and Isolde.
For many a long year, Wagner c opera entiled The Victors, based on Budd he wanted in the Divyavadana, a collect of which had been published in excerpts Burnouf. The main characters in these favourite disciple and constant serving a girl of low caste. One day as Anan upon Prakrti, who was drawing wate he asked for water, upon which the maic from her hand, she said, would defile hi asked her to what family or caste she bel thereupon gave him to drink and he wer with Ånanda's beauty and manners til him. She goes to her mother and tell that she will kill herself unless a way can together. Her mother knows a way. so influences Ananda that he goes to Pra
There he finds Prakrti waiting to shareh ܓ݁ܶܢ
7.

DN GERMAN PHILOSOPHY
Life, His Teachings, His Congregation aloud at home. A few passages in kable note of Buddhism. Allow me y of the verses spoken by Brunhilde d of the final act, she hurls the fireand before riding to her death in with these words:
I leave, . ܤܝ ve for-ever;
rth's
S
hind:
of choice
, Sans fugue
erings goal
rom rebirth,
I things sees.
h by the Buddha himself. Another assages savou ing of Buddhism in it
herished the idea of composing an hism. He had found the substance tion of Buddhist legends, the trend by the great French Buddhologist, legends are Ananda, Lord Buddha's companion, and Prakrti, Nature, da was begging for alms, he came r from a well. Tortured by thirst, reminded him of her caste. Water m. Ananda replied that he had not longed, but merely for water. She it on his way. Prakrti is so impressed hat she falls violently in love with is her of her great longing, saying be found to bring her and Ananda By the use of magic formulae she krti's house as in a hypnotic trance. er bed with him. Only at the very

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last moment does he perceive th eyes he remembers the Buddha, v his own magic, so that Ananda having known Prakrti. But Pra in wait for Ananda and follows follows. Ananda finally seeks re his protection. The Buddha th in to his order as a nun, and not
A draft of The Victors compo 1856 is known to us. It conta) Buddhist legend I have just sket have Prakrti suffer under her lov In a conversation à double entendre reference to her passionate longi broken down on being told that This increased the tragedy of he intention to have her torture mot conception, Prakrti had brought that she had, as the proud daug rejected the love of a prince of unhappy man.
On occasions, Wagner made also. He said himself, for instan motive in the gripping scene bet of Siegfried had originally been contains passages originally inten abou i Kundry that reminds one o the plan conceived by one of ot Buddha the dominating figure in
Herman Oldenberg's Buddha which I have already mentioned, u study, since the work of this en access for the first time to the sou form of Buddhism in which the great amount of their originali followed. One of our pioneers without any training in Sanskrit; from 1865 to 1915. What he

OF CEYLON REVIEW
2 danger to his oath, and with tears in his iho then immediately goes to his aid with
is enabled to leave the house without krti does not give up her desire. She lies him relentlessly: wherever he goes, she fuge with Lord Buddha and asks for en persuades Prakrti to follow Ananda as his wife.
ed by Wagner and dated the 16th of May ins a few compositional changes in the ched. Wagner intended, for instance, to : for Ananda even after entering the order. with the Buddha, Prakrti was to have made Ing for union with Ānanda, and to have Ananda had sworn an oath of celibacy. r destiny; however, it was Wagner's ivated in a Jataka story. According to his about her own fate by reason of the fact hter of a Brahmin during an earlier life, lowlier caste, and had even mocked the
reference to the musical part of his ce, that the well-known world conquest ween Wotan and Erda in the second act intended for The Victors. Parsifal also ded for The Victors. There is something f Prakrti. Buddhologists will regret that ir greatest musical geniuses to make the an opera never came to fruition.
His Life, His Teaching, His Congregation, shered in a new age of German Buddhistic inent Indologist gave us Germans direct rces of Theravada, the so-called southern original teachings of the Buddha retain a ty. Translations of the holy scriptures in this direction was an outsider, a man he was Karl Eugen Neumann, who lived acked in training he made good by his
S
—
Se

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INFLUENCE OF BUDDHISM
enthusiasm for the work in hand. I Schopenhauer and from Schopenhauer manager who had been given the so his troupe of singers put on his great
Nielungenring, he inherited a consideral
the home of Buddhism as a young m
own choosing, the translation of Palit his premature death in 1915 he trar Theravada Canon, which included the the medium and long collections, the - three extensive volumes of each. logy, translated the Dhamnapada, the Theragáthä and the Therigäthä, and ft His translations were read by many burning enthusiasm. A. Ehrenstein v tion of the Bible and Hölderlin's tragi authors has foreign sound echoed so world, so intellectually powerful and y, ally identical translations of Karl Eug wrote, Karl Eugen Neumann make logist would be able to agree with th interpretations are recognisable in alm But any philologist will gratefully ack and appreciate what Neumann did to r in Germany. Fired by him, literature mendous upward swing. That fact wa in German by John Forst at New Y India and German Literature from 1900 t. find almost a hundred German bellet between 1879 and 1929, all inspired concepts. How great a part Buddhis frequency with which the name Buddl me quote a few; in 1899, Ferdinand v Three Acts, in 1901, Max Vogrich's in 1907, Rainer Maria Rilkes Buddha Widmann's Buddha-An Epic Poem; ir Death of Gautama Buddha; in 1921, Alf Hermann Hesse's Buddha's Speeches; and
Some of the authors of the Small si
.famous names in German literature ܐ ܓ
*T
9

ON GERMAN PHILOSOPHY
His career led him from Wagner to to India. The son of a well-known le rght by Richard Wagner to have
cycle of musical dramas, the famous ble fortune, which enabled him to visit an and to embark on a career of his exts into German. From 1892 until islated considerable portions of the : speeches of Gautama Buddha from Majjhimanikaya and the Dighanikaya He also compiled a Buddhist Antho
songs of the Monks and Nuns, the rther parts of the Khuddakanikaya. with what can only be described as wrote, Never since Luther's translacally completed translations of Greek magically new and yet as old as the et So tenderly spiritual, asin the textuen Neumann.” And Oskar Loerke Indians talk German. No philoese enthusiastic appraisals, since mislost every passage of the translations. (nowledge Neumann's pioneer work make original Buddhist texts known
on India and Buddhism takes a treis testified to by a dissertation written ork University in 1934 and entitled ) 1923. At the end of the book we ristic literary works which appeared
or influenced by Indian ideas and m plays in them is revealed by the na is used in many of the titles. Let on Hornstein's Buddha—a Legend in Buddha—a large opera in three acts; in His Glory; in 1912, Joseph Victor 1913 Fritz Mauthner's The Last red Döblin's Buddha and Nature and in 1922 Hans Much’s Buddha’s VWorld.
alection I have just gone through are If I were to go on, there would be

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many more, no less well-known.
to you: if you intend delving into have an almost boundless task in t has had om more recent German po me to confine myself, at the end of Karl Gjellerup (1857-1919), who v later works in German. The rease onally from 1916 to 1919, and his chance of making his acquaintance penhauer Society in Dresden that I sens Secretary. Gjellerup, who i Nobel Prize for literature, was accor while the meeting was taking plac had been in Dresden for more th from Schopenhauer, he had studied i he could lay hands on. He combi of Oldenberg and the translations great deal of reading in other fields to put on paper substantial criticis also of those of Dutoit, Dahlke, G when he was nearing the end of subjects in his poetry. Two of hi amidst Indian scenery. The one C one he wrote in 1907, called The P.
This piece dramatizes the esse Yasodhara, the wife of the Bodhisa her the third corner of a triangle, t mentally and, according to the poet who has fallen violently and irres rivalry between the reckless Devad in the Buddhist Order, is the fulcrl considerable liberties with the act effective Indian colour, he sometin the Buddha's day and age-anac Indian Scenery, Such as for instanci rations for sluttee etc. But I think general, absorbed the Indian spirit that, in fact, he sometimes approach Innumerable details show the lor devoted to the subject of his work

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But one thing will have become clear more than one index of names, you will acing the repercussions that Buddhism stry. So I think I must ask you to allow
my paper, to one author alone: Ianea
as of Danish extraction but wrote his in I choose him is that I knew him persvorks meant a lot to me at the time. My Dame in 1916 at a meeting of the Schowas privileged to attend as Paul Deusthe following year was awarded the ded the honour of a festival performance, le, by the Dresden State Theatre. He an twenty years at the time. Coming in detail every single source on Buddhism led an intimate knowledge of the works done by Karl Eugen Neumann with a of indology. He was thus in a position ms not only of Neumann's works, but arbe, Deussen and others. It was only his life that he went over to Buddhist is dramas and two of his novels are set in Which I Would comment here is tYe rfect One's Wife.
ntial episodes of the life of Lord Buddha. ttva, is the heroine. The author makes he other two being the Buddha and his I, physically powerful cousin, Devadatta, rocably in love with Yasodhara. This atta and the Buddha, first in love, then um of the whole piece. Gjellerup takes ual legend. In an attempt to provide les employs rather amateurish and-for hronistic means to represent typically 2, the performance of Kali rites, prepaone could say that this author had, in and intellect with fineness and feelinges the literary source even in his diction. g care and genuine poetic feeling he
1()

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INFLUENCE OF BUDDHISM
In a prelude entitled The Great keeping with the legend tries in vain t sensual pleasure and worldly power. his life at home. The break with wi
* 2>Herself, however, had once, in an ungu
ܢܚܬܐ"
7 ܐܶܕܡ
part of an old prophecy, according to
Buddha. On parting, Siddhartha pro a promise à double entendre—to return truth.
In the main part of the drama, the 1 is already the perfect Buddha, who app As an itinerant preacher, he pays his h His royal father receives him with grea in his household to join the Buddha as heads to be shaven and religious rob Devadatta also, who despite years of joins the Order. In doing so, his inte loves, who is still attached to her form to beat the latter at his own game, and of magic. By a frightful process of se quickly succeeds in gaining extra-ordi im Walking in the air.join a group o them that he has just returned from a vis Gods, adding that they had paid him makes a magical pass with his hand, ar. few of the monks see into heaven th chateau flying the banner of Victory, te ful goddesses with well-turned limbs c. glances. A choir of angels sing 'Hail to Master of men and gods, all hail! N memselves at Devadatta's feet; only impervious to such tricks.
While all this is happening among taking place on the political stage. Br favouring Buddhism remove him fron the bed of a so-called poison girl, v Yasodhara is made queen, since all the mounts the throne, albeit regarding hel
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ON GERMAN PHILOSOPHY
Self-Denial, the Buddha's father in o tempt his son with the promise of The prince is determined to forsake fe and child is difficult. Yasodhara arded moment, told him the Second which he is destined to be the Lord mises Yasodhara- it is, of course,
and claim her when he has found
main who was once Prince Siddhatha ears on the stage in all the three acts. ome town the call he had promised. it ceremony, ordering all the princes monks, and they have to allow their es to be laid over their shoulders. effort has failed to win Yasodhara, antion is to prove to the woman he her husband, that he is in a position that he can outdo him in the power slf-torture, Devadatta, now a monk, nary powers. In one scene we see fastonished fellow monks. He tells sit to the Heaven of the Thirty-Three homage. To prove his power, he ld a shower of flowers descends. A trough the open gate: they see the races of gold and crystal and beautiasting down flowers with promising Devadatta, Hail to the Great Victor Most of the monks thereupon throw Sariputta and a few others remain
st the monks, important changes are ahmin priests who resent the king's the scene by seducing him to share whose snake-like embrace is lethal.
princes have become monks. She self as her former husband's regent,

Page 14
UNIVERSITY C
and she now offers him, the Budd in the spirit of his own beliefs. E dhara is deeply hurt and swears a Devadatta's wife. Preparations a festival can get under way, howev involved in an attempt on Lord complications, he takes his own li Yasodhara that the twain will meet his struggle to possess her.
The belief underlying these w same act can meet again in a subsc Gjellerup's two great novels that ar. World Wanderers, was even given The Other, his famous Pilgrim Kā by Love) which appeared in 1903 is based on the same idea. We liv incarnation at the time of the Buc stances. They had been always b other as palm trees, they Swam th woods together as deer, and wande Separated after a brief love affair a the Order, and are subsequently celestial worlds. The description ( on is filled with poetry; the two They call at the bank of the celesti rest under an azure sky in the shad far and wide. This tree is capable of earlier existences, and they thin birds, beasts of the forest or huma each other joined them, even thoug two wonder through space for mi at last even this magnificance disint disappear for ever in the realms c Buddhism united by a Dane who
Leopold von Schröder, an Indo said of Gjellerup’s novel: “After by Love once, I found myself pickir its passages twice and even often.

)F CEYLON REVIEW
la, the throne. He is to rule the empire ut the Buddha refuses the offer. Yasoin oath that now she intends to become te made for the marriage. Before the er, it turns out that Devadatta has bees. Buddha's life, and, after a whole set of fe, not, however, before he has assured anew in another life, when he will renew
ords, that the participants in one and the quent incarnation, is the background of e set amid Indian scenery. One of them its title in accordance with that belief. manita (The Pilgrim Who Was Guided and was translated into English in 1911, re the fate of two lovers who, during an lidha, are separated by unhappy circumorn together. They grew next to each e seas together as dolphins, combed the red across the deserts together as nomads. t the time of the Buddha, they both join born into paradises, in the beauties 6f of the Grounds of those who have passed overs float on lotus cups on still ponds. al Ganga, the milky way, and take their 2 of a coral tree that spreads its fragrance : of reminding them of their long series k back on their re-incarnations as plants, in beings. And always the same love of gh Fate outwardly sundered them. The lions and billions of years as stars, until ergrates, and the two find their rest and f Nirvana. Here we have poetry and became a German poet.
logist of repute at the turn of the century, reading The Pilgrim Who Was Guided Ig it up again and again, reading some of It is a real work of art.' And J. V.
12

Page 15
حسني
INFLUENCE OF BUDDHISM ON
Widmann wrote: "In this poetry is devotion; to enter it means happiness for the problems of human existence.
Zith this sentence I like to conclud before, cannot be exhausted in a single le
*
13

GERMAN PHILOSOPHY
set up a temple of beauty and any who are at pains to understand
e my theme which, as I told you CtUlr C.
E. WALDSCHMIDT

Page 16
Roman Legal Thin W
HERE are several aspects of to mind. The part played b
Middle and subsequent ages i modern world might be profitab examine in Systematic detail the va. modern law which have derived details in which they are similar or or the study might be confined to own and a detailed analysis made C make an analysis of the basic conc with analogous ideas in modern S covered is vast and varied. But in a general way the three broad aspe which may be said to be most im may be formulated as follows :-
First, we shall examine the in Public law, that is in that area of 1. the individual and the State and be
Second, we shall consider bric realm of private law, that is that p between individuals. Particular at would appear to be especially signi
Third, of no less importance is nism of Roman legal thinking havi value of Roman law as a subject of
(1) The influence of Rome in shaping
This is an area in which Ron Roman ideas have had a general i direction but the Working out of di

king and the Modern
World - .ܐܔܐ- ܚܢܹܐ
this subject which immediately spring y the various schools of thought of the in the transmission of Roman law to the ly discussed at length. Or one might rious aspects of the different systems of from Rome marking particularly the different from the original Roman law, one particular system of law such as our fits Roman basis. Or one might even epts of Roman law and compare them ystems. In short the field that can be this paper it is proposed to consider in cts of Rome's influence on modern law portant. The matter for consideration
fluence of Roman ideas in the field of aw which governs the relation between Ween States themselves.
ify the influence of Roman law in the art of law which regulates the relation tention will be paid to this aspect, as it ficant for us in Ceylon.
the impact that the method and mechae had on modern jurisprudence and the
study.
Public Lair.
an law has had little detailed influence. influence in shaping basic structure and letails has depended on other considera
14
ܕ ܐ ܐ ܐ ܐ
শুভক্ত

Page 17
ནི་
شہر
ROMAN LEGAL THINKING AN
tions and factors. As Sir Arthur Good popularity of Roman law is that “it is law as contrasted with public law. F ceptions in modern Public law which on
First, we have the idea of the state
not identical with, the Greek notion of
Second, the idea of national soverei
Third, the aspiration towards an in was cradled in Rome.
The ideas of the state and national consider them as two facets of the sai was never any doubt that the source o The people alone had the right to ma people alone could defend the interests of Rome was based on this notion of po
At the same time the organ of the Respublica, which was Superior to each i Te State had unlimited authority over til
had the power to exact the sacrifice for the common good. The State cou when the city grew into the Empire th ristics. The absolute authority of the Empire as under the kings. As a result, curialis (a member of court) even again this conception of the State that made found after the time of Diocletian. Ess people, representative of the people and
people.
The Roman idea of the state as an to the idea of the civil servant as a serva of the state was delegated for the purpos the civil servant partook of the malestas
1. “What is Common Law 2', 76 Law Quarterly
2. For much of the material on this aspect I am of the Middle Ages (ed. Crump & Jacob), p. 363.
15.

D THE MODERN WORLD
hart points out, one reason for the primarily concerned with private ovvever, there are three great conve their origin to Rome.
which developed out of, but was he city-state.
gnty came from Rome.
ternational polity and universalism
sovereignty are related. We can me phenomenon.2 In Rome there f public authority was the people. ke laws and issue commands—the of the city. The whole public law pular sovereignty.
I people was the Roman state, the individual that composed the state. he Roman people and the individual of the individual's personal interests ld impose social discipline. Even e State retained the same characteState was as noticeable in the later for instance, a man could be made zt his own wishes. Indeed, it was possible the kind of State socialism entially, then, the State was for the operated with the consent of the
instrument of the people gave rise int of the state to whom the power 2 of its exercise. As a consequence sovereign power) of the respublica. Review (1960), p. 45.
indebted to Meynial, "Roman Law", in Legacy

Page 18
UNIVERSITY C
The Emperor, who was the arch-cit malestas from the time absolute or Another consequence was that the garded as belonging to his office a of transmitting his powers by succ profit from his office as from priv in the name of all the people and conception of the civil servant a Roman thinking.
It is true that later, in the case delegation was corrupted by the int. so that the hereditary transmission ( use of the fiscus (treasury) as the E. practical deviations allowed by way consequences followed, nor did the in general.
One might have observed alre sovereignty of the people, the rep delegate are fundamental to moder the Communist State or the Fascist basic notion of popular sovereignty Thus, it is in the modern democratic perpetuated.
However, it was not withou survived. In the course of the medi broke down. The basic notion obtruded itself. The structure of chieftain to whom the people, orga owed their loyalty because he was was no delegation of power, no not was merely the arch-chieftain to wil iure and ipso facto. It is on this b; that those Royal houses which still
When the renaissance of Roma 12th centuries, the abstract concepti Church with its expanding range h idea. The King and the chieftair

CEYLON REVIEW
il-servant, became absolute master with imperial power was confided to him. authority of the civil servant was red not to his person. He had no right ssion or otherwise nor could he extract te property. His office was exercised in the interests of all the people. This
a public official is fundamental to
of the emperor, the pure conception of lence of oriental ideas of personal power if the throne became possible as did the mperor's privy purse. But these were of compromise. No serious doctrinal y affect the position of the civil servant
ady that these ideas of public law, the resentative state and the civil servantin democratic systems. In the case of : dictatorship we must confess that the has suffered something of an eclipse, ; state that we find the real Roman ideas
t competition that the Roman ideas eval invasions the Roman public system of feudalism, namely personal fealty, feudalism had for its central figure the nised in tribes or semi-nomadic bands, born into his position of chief. There ion of popular sovereignty. The King nom the chieftains owed allegiance ipso urbarian conception of social structure xist in Europe sprang up.
in law was inaugurated in the 11th and on of the Roman state reappeared. The ad prepared the minds of men for this
had been weaned from their selfish
16
~_്烹

Page 19
و"
lROMAN LEGAL THINK ING AN
desires by the insistence of the Church their office to God. The Church had
earth, the fundamental importance of ji and the protection of the weak. The YS the same as the Roman idea, though was to make the king and the chieftain But it is important to emphasize that t the older Roman idea, although facilitat accomplished by reference to Roman Justinian that was used to supply the
change.
The text reads as follows :-
“ Sed et quod principi placuit, l quae de imperio eius lata est, populu et potestatem concessit.”3 Translation)—But what the Emperor because by the Royal law which has be the people has transferred to him and
POVV CI.
This text reconciles two phases o abodies the principle of popular sove to the earliest period and is found conc legislation senatus populusque Romianus, til The right to command and make law w second principle expressed therein recog will which took the place of popular so two principles were reconciled by refer and respresentation. Delegation was a Regia was passed at the beginning of 1 expressly authorised the delegation. I delegation was regarded as implied. I compatible with the basic doctrine of R
Medieval thinkers were impresse principle of popular sovereignty and thinking of Aquinas and Bartolus, for i century made plain the dangers of the
3. Justinian, Institutes 2.1.6.
17

D THE MODERN WORLD
Din the duties and responsibilities of emphasised the reign of peace on 1stice and equity, charity and love substance of the Church's teaching in form it was different. Its effect the servant of the public interest. he change from the feudal idea to ad by the Church, was theoretically legal doctrine. It was a text of exact foundation of the doctrinal
egis habet vigorem, cum lege regia, S ei et in eum omne suum imperium
has decided has the force of law, en passed concerning his authority, placed in him all its authority and
f constitutional doctrine. First, it breignty which can be traced back retely expressed in the formula of he senate and the people of Rome. as vested in the people alone. The inizes the supremacy of the Imperial vereignty in the later Empire. The ence to the concepts of delegation t first an actuality when the Lex the reign of each Emperor which ater it became a fiction and the hus Imperial absolutism was made Dman public la W.
d by the former principle-the it finds a prominent place in the instance. But the wars of the 16th extreme democratic view and in

Page 20
UNIVERSITY C
clined the mind of man towards
powers of the prince. Thus Hob it was based on the delegation of is basically the same as that to be Century the theory of absolute sov the way in proclaiming that popu. royal power was limited and rev. theory of delegation which logica And, strange as it may sound, all
text of Justinian.
The present theory of the dem idea of popular and national sover with Rousseau’s thinking, the absol body."
The third idea, that of Unive Rome. It was brought to fruition Other cities of classical times were c Rome resisted this tendency. Ro thousands of cities united in a bond By regular steps she led up to the sa different races. She satisfied local traits common to all humanity w Western world subjected to her la ideal of a universal rule of equality gave a different spiritual meaning t
The unity achieved by Rome's invasions. They created a forest their autonomy and in a perpetual subjugated people cherished the ide Church's influence an effort was m. the Roman Empire of the West and this aspiration. But stuborn facts kingdoms developed where there distinguishing them individually f i.e. Roman private and public law, t
3a. Otto Kiefer, however, sees the will t Rome, pp. 65, 67. It is submitted that this does the text here.

)F CEYLON REVIEW
the problem of justifying the absolute
bes exalted despotism but Only because power by the people. Hobbes' notion a found in Justinian. But in the 18th preignty was breached and Rousseau led lar Sovereignty was inalienable and that bcable. This was a recognition of the lly led to a qualification of absolutism. these theories were based on that same
ocratic state also stems from the Roman reignty, though it has modified, in line ute power of the ruler or the governing
rsality, was also given to the world by in the development of her legal system. ommitted to the narrowest parochialism. me brought together under her aegis of peaceful progress and mutual respect. 1me degree of civilization men of widely peculiarities, while at the same time the rere exalted. With the whole knowir aws she went far towards realizing the over all its races. Christianity merely o an ideal which Rome inaugurated.
empire was broken up by the Germanic of petty local sovereignties jealous of state of war with each other. But the ta of the Pax Romana. As a result of the ade to restore the universal bond. First, then the Holy Roman Empire expressed
obstructed these efforts and national } prevailed highly distinctive features rom the world without. Roman law, then filled the role of the unifying agent.
o power behind Roman ideas: Sexual Life in Ancient not affect the theory commonly held and reflected in
18
__۔

Page 21
ད།
مخت
ROMAN LEGAL THINKING AN
The universal compass of its moral at made it appealing to all. It also ensur of equity and social justice, discipline an the kingdoms together in a common a great commonwealth of thought. E parts, universities were universal and t law. The second renaissance came abol of the 16th century. The ideal of a u This is what fired the French Revolutio
The idea of universality found its in the middle ages in spite of local feu certain countries. For instance, in Frau the educated classes drawn closer by the The Royal houses, moreover, called to of every province and sent them forth a the country. The idea of the Roman a central bureaucracy for the govern monarchy was inaugurated and it went state. Centralization was brought abo the revolutionary leaders, intoxicated democracy, made more complete.
The modern democratic state prog modern aspiration for universal unificati simpler Roman ideal. The League of N the growing respect for international a seed sown over twenty centuries ago.
Apart from the ideal of universalit formation of the conception of internal The Greeks had developed the idea oft also demonstrated that provided inde common interests, they could live tog the rules binding upon such states in the as of religious significance and not of Romans, on the other hand, were both racter of law and paid special attenti nations. Although ambassadors were idea that survives today, the relations of
19

D THE MODERN WORLD
thority and its practical usefulness 2d the acceptance of the same ideas d administrative order. It brought civilization. It united scholars in Education was open to all from all here came a renaissance of Roman ut after the local wars and jealousies liversal republic came back to life.
l,
quickest and fullest development lds and wars in the internal life of ce the 13th and 14th centuries saw intercourse of common universities.
their councils the intellectual pick S governmental representatives into Empire developed into a model for ment of the provinces. Absolute forth in the footsteps of the Roman ut and it was this beginning that
with the strong wine of classical
resses along the same lines and the on is to be traced back to the much sations, the United Nations, indeed, aw and order are merely fruits of
y, the Roman contribution to the ional law cannot be overestimated. he city-state par excellence but they pendent and sovereign states had rther in a community. However, ir mutual relations were conceived a particularly legal quality. The keenly conscious of the legal chaon to their relations with foreign always regarded as inviolable, an Rome with a foreign state depended

Page 22
UNIVERSITY C
on whether or not there existed a tr These treaties were regarded as bi according to which future controv, the so-called recuperatores. Romalı tion. There were four different “ the Roman dominions; (ii) viola treaties; (iv) support given durin friendly state. But war could only by the foreign state. There were war but as regards its termination with foreign States had special effe up one might quote Oppenheim :
* It thus appears that the Ron a state with legal rules for its fore excellence, the Romans could not le legal treatment. And though this pared to modern International Lav the Law of Nations of the future, arguments to those to whose effo modern law of nations.'4
Later the civilians Were in til Civilis to touch upon many questio were discussed from the basis of R ceptions was initially accepted as t and his successors. 4 Private law a used in the formation of rules for Roman law notion of servitude, a ri has provided the basis for a simila enable one State to have certain rig State. Also the law relating to th been cast in a Roman mould. 7 In
4. Oppenheim-Lauterpacht, International II 4a. Yntenna, "Ronan Law as the Basis of Vol. II, pp. 346-349.
5. See Lauterpacht, Private Law Sources an of Roman Law on International Law' in 1 Tula 6. The Aaland Island's Controversy, League p. 17.
Oppenheim-Lauterpacht, op.cit. note 4, p. Yearbook of International Law (1925), p. 111.
7. Oppenheim-Lauterpacht, op.cit. note Connoit Lau of Mankind, p. 417.

F CEY LON REVIEW
eaty of friendship between it and Rome. inding and often contained a provision ersies should be settled by arbitration of law regarded war as a legal insiitujust reasons for war. (1) violatient of tion of ambassadors; (iii) violation of g wars to an opponent by a hitherto be declared if satisfaction was not given no rules governing the conduct of the some rules existed. Moreover, treaties cts in Roman municipal law. To Sun
lans gave to the future the examples of ign relations. As the legal people par ave their international relations without legal treatment can in no way be comV, yet it constitutes a contribution to
insofar as its example furnished many rts we owe the very existence of our
heir commentaries on the Corpus juris
ths of the future international law, which
oman law. The Roman Stock of con he basis of international law by Grotius nalogies from the Roman law have been
international law. For example, the ght over property belonging to another, r concept in international law so as to ghts in rem over the territory of another Le acquisition of territory by a State has most cases, however, developments and
La 1 v Vol. II (8th. edn.), p. 77.
Comparative Law,' in Law: A Century of Progresse
i Analogies, passin. See also a note on "The Influenc, ne L. R. 120.
of Nations Official Journal, Special Supplement No. 3,
535; Mcnair, "So Called State Servitudes, 6 British
4, p. 545; Maine, International Law, p. 20; Jenks
20
ܚܘܵܢ. 上ܐܝ- ܝܓ

Page 23
ROMAN LEGAL THINKING AN
additions of international life require th: confines of the original Roman analogi the veto in the Security Council has t by Rome.
“ The principle of unanimity or the members of the Security Council of t derive historically from this developme the institution of the veto or negative p
As Maine points out, in general
a great part . . . . . . . . of internati Europe by a process exceedingly like had caused other portions of Roman law European legal system.'"
(2) The influence of Roman Law on Mod
The private law systems of the wor can be broadly divided into three main derive from the systems of the European the Civil law systems of law, there are tw, known as common law systems a system of law.
In the present connection, the latt sideration. In so far as revolutionary society were introduced into the coun those legal systems have no relation to F of many of these countries in so far as system previously obtaining in them, t vatives of the civil law systems.
That leaves us with the other tw Civil law systems and the Anglo-Saxo are truly based on Roman ideas while felt the touch of Roman ideas.
8. Franklin, "The Roman origin and the Ameri in the Charter of the United Nations,'' 22 Tul., L. R. (
3a. International Lav, p. 20. See also Westlake, de Droit-International (translation by Gidel), p. 2. and )
21
 
 
 
 
 
 
 
 

D THE MODERN WORLD
tlegal ideas proceed far beyond the s. It may be mentioned here that een traced to the Tribunicial veto
veto powers of the five permanent he United Nations may be said to it of Roman law, particularly from ower (intercessio) of the plebians.'
onal law is Roman law, spread over that which, a few centuries earlier, to filter into the interstices of every
er Private Lap.
ld, whether in the East or the West categories. There are those which continent, which might be termed those developed out of the English ld finally we have the Communist
er does not call for particular conideas based on Marxist theories of tries in which the system prevails, onnan law as such, while in the case they retained some vestiges of the heir systems would be direct deri
o categories of legal systems—the in systems. The Civil law systems he systems of English vintage only
'an Justification of the Tribunitial or Veto Power 1947), 24. nternational Law, Part I, p. 15, Anzilotti, 1 Cours anks, Connon Law of Mankind, pp. 13 and 146.

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UNIVERSITY C
Other systems which existed a piecemeal existence today, bein areas of private human relations I refer to such systems as Muslim law and the Thesavalannai. The exception. They have a persona Roman influence has been felt.9
(a) The Civil Law Systeins.
Of the leading systems, let Here we find a further bifurcatio codificd whether Such codification force. Thus, in the former colonie we find the codified civil law. Th codes contain several modification the system which obtained in Holla which survives uncodified in So Roman-Dutch system is a combina with some injection of English lege quite strong.
Surveying the prevalence of 1 could make the following observat
In Europe, the Roman law fi in Scotland (although here since English common law has been stron Holland, Germany, Switzerland, except the Channel Islands the law The Roman law even had an inf law of Russia. Roman law is also now adopted the Italian Civil Cod
In Asia, the Roman Dutch Sy:
is the basis of the legal systems oft Spanish colonies.
9. See Gomard, 'Civil Law, Common L.
(1960), p. 27. Certain sections of the Middle Islamic law: See Bryce, 1 Studies in History a

F CEYLON REVIEW
in the past have, for the most part, only g generally valid only in well-defined mainly personal and testamentary law. and Hindu law, Jewish law, Kandyan 2 Scandinavian systems are a notable lity of their own, but even there the
ls consider the Civil law Systems first. in. Most Civil law systems have been was originally adopted or imposed by s of such powers as France and Germany ough largely based on Roman ideas these s and novelties. However, there is still nd before the codification in that country uth Africa and Ceylon. The modern tion of Roman law and Teutonic custom l ideas. But the Roman element is still
the Civil law systems in the world, oize ions.
orms the basis of the systems established the Act of Union the influence of the g), the Channel Islands, France, Belgium, Spain and Italy. In all these countries has been codified in one form or another. uence in forming the pre-revolutionary
the basis of the law of Malta which has
C.
stem survives in Ceylon and Roman law he former American, Dutch, French and
aw and Scandinavian Law'', Scandinavian Studies in Latv, * East are also exceptions in that they are governed by ld Jurisprudence, p. 74. -
22
s

Page 25
ROMAN LEGAL THINKING AN
The Mediterranean coast of Africa Egypt has a Civil code on the French mo the Ile de Bourbon and Madagascar have law prevails in South Africa, Souther
South America and Mexico belong exception of British Guiana where thi Roman Dutch law, and British Hondu of St. Lucia has a Roman system. common law jurisdictions with the ex in Canada and the State of Louisiana in Roman ancestry.
It is significant that as between th where a country has had a choice, the ( might be permitted to quote a leading Arthur Goodhart, at this point:
When Turkey, in 1926, decided t by a modern one, it took its criminal civil law from the Swiss and German o' its new system on Continental law, in s. ship with Great Britain and the United trations of the fact that whenever the bmmon law and the Roman law wh modern continental codes, the decision Roman law.'10
For our purposes, we might consic law on the development of the Civil la more significant trends since only a gene might summarise the position by sayin in which the influence of Roman law h in which it has operated unalloyed.
10. Op. cit, note 1, p. 45.
11. A few detailed and specialist works on the s might be mentioned: Sherman, Roman Law in the Common Law-A World Survey, 14 Michigan La the British Empire, Atti de Congresso Internationale dernus Usus Juris Civilis,” 22 Tulane Law Review Jurisprudence, Vol. I, 85 ff, Wood Renton, “Foreig (1933), p. 362; Lawson, A Common Lawyer looks at t an Element in European Culture” 65 South African Laut, Law in South African Practice” 69 South Africah Law.) Roman Law,' 22 Tulane Law Review (1947), p. 13; S of Scotland' (Mimeographed).
23

ND THE MODERN WORLD
follows the Roman tradition, while del. Mauritius and the Seychelles, a Civil systems. The Roman-Dutch Rhodesia and South West Africa.
a to the Civilian tradition with the e common law has superseded the ras. In the West Indies, the island North America consists largely of :ception of the province of Quebec the United States which retain their
Le Civil law and the common law Civil law has been preferred. One exponent of the common law, Sir
D replace its antiquated legal system law from the Italian Code and its nes. In the same way, Japan based bite of its close commercial relationi States. These are only two illustre has been a choice between the ich is, of course, the basis of the has always been in favour of the
der the general influence of Roman w systems as such, looking for the ral account can be given here. We g that there is almost no legal field as not been felt while there is none
:urvival of Roman law in the civil law systems Modern World, 3 vols; Lee 'Civil Law and the w Review (1915), p. 89; Lee, “Roman Law in : de Diritto Romano (1935), p. 265; Lee, “Mo(1947), p. 131; Bryce, Studies in History and in Law in the British Empire,' 23 Round Table he Civil Law, p. 91 ff; Wylie, "Roman Law as "Journal, (1948), p. 4 ff. 349 ff. Beinart, “Roman tournal (1952), p. 145; Fisher, "Scotland and the Stein, "The Influence of Roman Law on the Law

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UNIVERSITY C
In the la W of property Roma whole conception of ownership, its from Roman sources, though th movables and immovables is no analysis of the distinction between origin. The action and sanctions derived from the Roman rei pindic law did not find acceptance with it was not until 1789 that the si ownership triumphed over the pie of estates. In other parts of Europ
The Roman notion was that the owner's title was not merely b thing. A person was either an ow estates is built on a notional entity various principles. The object is t alienation of property, whilst pern Roman law made provision for the and slaves, by resort to three meth
(a) the contract of hire which (b) the usufruct which permi
(c) the fideicommissun which
with a restriction that it on to the heirs of the be
The first alternative was entire on the law of property. The sec which was protected against any the land. The third method orig had no effect on the property as alienation was given effect in retu, for value. This modification of ; struction of family settlements. T ceived essentially as a right in renn | It was used particularly to provide right in some one else's property. of the ownership into which it co
11. The distinction existed in Roman a 43.16.1.6 and 7, 43.20.4.

)F CEYLON REVIEW
in influence appears most clearly. The attributes and its bounds is taken directly e distinction currently made between it basically Roman. 11 Similarly, the Ownership and possession is of Romain pertaining to the right of ownership ratio. But these basic ideas of property but a struggle. In France, for instance, mple Roman conception of indivisible cemeal tendencies of the feudal doctrine e it took even longer.
ownership was absolute in the sense that etter than others but the only title to a tner or not an owner. The doctrine of 7 which can be carved up according to o permit a settlor to prevent permanent hitting its alienation for limited periods.
temporary use of things, especially land Dds:
permitted a tenant to rent the land; tted life interests in property : خلجیمبیی
permitted the settlor to leave property : should not be alienated but should pass pneficiary.
ily contractual and had no repercussions ond created a reall right or right in rennu person who acquired the ownership of inally operated strictly in personan and pect, but later the prohibition against :hough not against a bona fide purchaser absolute ownership facilitated the conthe usufruct on the other hand Was conto use a thing and appropriate its fruits. : for a widow and was thought of as a
But sometimes it was regarded as part uld merge without express conveyance
w but was not of importance; see e.g. Digest 41.1.6)
24

Page 27
ROMAN LEGAL THINKFNG AN
to the owner. However, the usufruct of the thing, although a remedy was g It would seem that the usufruct was mc
modern civil notion of prop كألم يجيد ownership is concerned. Absolute own all survive in more or less the same wa law. This structure has been criticised still persists as the basic structure of the
Further, the Roman law of proper details especially in the Roman-Dutch s a servitude once constituted can only b is not the case where a servitude is cre as in the old Roman law.13 The Rol delivery for the purpose oftransferby tra of the notions of constitutumi possessori respectively, the notion that delivery already holds the thing on agreement that the transferor should continue to notion that delivery takes place wher thing when there is agreement between transferee should continue to hold the th
Yet in the field of property there has law as in the case of the lease. In som as where a trustee of a Mosque has bee for the issue of the possessory interdict u Roman law. The Roman law of mortg considerably under the influence of the Roman-Dutch jurisdictions. 16
The law of obligations fell more c barian practices and theory were rudi widespread juristic relations of trade an
12. Lawson, A Common Lawyer looks at the Civil I 13. Digest 8.1.9 in Gardens Estate Ltd. v. Lewis 192
14. Digest 6.7.7 and 41.2.18 in Goldinger's Truste p. 66 (South Africa) and Digest 41.2.1.41 in Gronehel p. 233 (South Africa).
15. Abdul Azee~ v. Abdul Rahihnahn Mudliyar 1911
16. See Lee, Introduction to Roman1-DHitch Lav, (1953 in Ceylon.
25

D THE MODERN WORLD
uary did not have legal possession iven him to protect his possession. re or less an estate.
erty follows this pattern as far as hership, usufruct and fideicominissuin y in which they existed in Roman On conceptional grounds 2 but it Civil law of property.
ty is still referred to in particular stems. For example, the rule that e altered by mutual consent which ated simpliciter is fully recognised, man interpretation of constructive ditio is also current in the acceptance u Hi and traditio longa manu, * i. e.
takes place where the transferor between the parties to the transfer keep the thing as a bailee and the e the transferee already holds the the parties to the transfer that the ning as owner.
re been modifications of the Roman e fields the law has been extended in held to have possession sufficient inde vils, a position unknown to the age, on the other hand, has suffered Teutonic law and statute in the
suickly under Roman sway. Barmentary and inadequate for the d industry. In its fine analysis of
4auv, pp. 112 and 205. 0 Appellate Division, p. 1144 (South Africa).
: v. Whitelau and Son 1917 Appellate Division, valde v. Vander Merupve, 1917 Appellate Division
) Appeal Cases p. 746. ) p. 183 ff, and the Mortgage Act No. 6 of 1950

Page 28
UNIVERSITY c
the intention of the parties, its re efects of contracts Roman law sto Ages. Roman law was studied and superseded by it and by the 13th a of obligations fully accepted.
In the field of contract, the which required something more t a binding legal relation. This so terms of form as in the stipulation of fact which were given legal sig pactum) was not legally valid in g say “Sed cum nulla subest causa posse constitui obligationem.' 17 ( in this case that on account of the formed”.) Causa was a legal fig concrete significance. As Lawson sale, hire, partnership and manda reduced “the greater part of norn cesses' and worked out their impli or the formal contract was the m tracting. Other recognised causae more than mere agreement.
However, the legally recognis civil law systems while accepting tions of the consensual contracts ha tion of causa and generalised it to si a voluntary, serious and deliberat contractual relations. The Engli on the other hand, is distinctly in of causa. 20
In the application of what i English and American decisions Ceylon courts but this is generally This is so especially in commercia
17. Digest 2.14.7.4. 18. Lawson, op. cit. p. 133. 19. Conradie v. Rossou,v, 1919 Appellate l 20. Jaya1vickreine v. AmarasIuriya, (1918) A

)F CEYLON REVIEW
asoned elaboration of the elements and bd alone and without rival in the Middle applied in this field so that customs were |d 14th centuries we find the Roman law
ལ། ཤ་ ہم~~--محم۔
Roman jurists had worked out a system han mere agreement for the creation of mething more was identified either in or by reference to particular situations gnificance. A bare agreement (a nudun. eneral. So much so that Ulpian could propter conventionem hic constat non “But when no causa obtains, it is accepted mere agreement an obligation cannot be gure, not generally defined but having points out the four consensual contracts, te were the product of analysis which hal business activity to four simple procations. 18 Apart from these, stipulation host important recognised form of confor contracting also required something
ed causae were Well settled. The modern much of the Roman law on the implicave advanced beyond the Roman concepuch an extent that it means no more than e intention of the parties to enter into sh notion of consideration or quid pro quo, ot identified with the modern meaning
s basically the Roman law of contract, were often cited in South African and not at the expense of the Roman law. land maritime matters. In Ceylon, of
Division p. 179 (South Africa). ppeal Cases p. 869 (P.C.), 20 New Law Reports p. 289.
26
~ ఇలా

Page 29
翼
ROMAN LEGAL THINKING AN
course, statute has replaced the Roman-I
as contractual, e.g. partnership and sale
fields. The general principles of the
Roman.
27 ܐܝܢ-ܥܐ><
Some examples may be given of ref
cation of contractual law in the Roman
(i) In a contract of lease, where reasonable repairs which the common I may effect such repairs himself and ded is a rule stated in the Digest 19.2.25.2.
(ii) Where there are redhibitory c couldin Romanlawbringan actio quanti n price which was apparently the differen price the buyer would have paid if he h modern Roman-Dutch law the buyer h. recovered is the difference between th defective article 23
(iii) In the contract of pledge a pa ܂ -ܔܛit is too oppressive to debtors following
In the allied field of quasi-contrac generalised a doctrine of unjust enrichn South African case reference was made action was allowed in quasi-contract.26
Of delict especially in the codified has been generalisation beyond recogniti in the words of Lawson:
21. Paynton v. Cran, 1910. Appellate Division p. 205 1 Lorenz p. 2.
22. Digest 19.1.13: 21.1.61.
23. S. A. Oil and Fat Industries, Ltd. v. Park Rynie - (South Africa).
24. Mapenduka v. Ashington, 1919 Appellate Divisi
25. See Dawson, Unjust Enrichtuent and Bucklan p. 336, See also Hassanally v. Cassim, (1960) 61 New La
26. Van Rensberg v. Straigham, 1914 Appellate Div were Digest 12.6.14, 26.8. 5. pr., 50.17.20.6.
27

D THE MODERN WORLD
Dutch law in many matters classified of goods. But this is in particular law of contract remain basically
erence to Roman texts in the appliDutch systems.
: a landlord fails to execute those aw requires him to do, the tenant uct the cost from the rent.21 This
lefects in a thing bought, the buyer inoris for recovery of a part of the ice between the price paid and the had known of the defect. 22. In the as the same action but the amount e price paid and the value of the
tum commissorium is illegal, because
Code 8.34.3.24
it modern civil law systems have nent from Roman models.25 in a to several Roman texts when an
systems it might be said that there on. The position is best described
5 (South Africa), Caneyenagem V. Dixon, (1859)
Whaling Co. Ltd. 1916 Appellate Division p. 400
on p. 343 (South Africa).
d and Mcnair, Ronal Lai and Common Lap, w Reports p. 529 (P.C.).
vision p. 400 (South Africa). Texts refered to

Page 30
UNIVERSITY (
“But nowhere does the law of delict, like the common law of to enforce liability for specific del of theft, another one for robbery and a number of actions for negli of actions for fraud, intimidation head of quasi-delict, under which though by no means certainly, to vicarious liability on a strict basis.
The modern law seems to be elements fused together by the nat which it enforces and failure to conf from Roman Law and especially frc which had grown up around the persons liable for certain kinds of the classical period had come to 1 requirement of fault was maintaine extended the scope of liability to : been retained in the modern law,
liability clearly on fault.
On the other hand, the mod delict or indeed anywhere else. appeared, theft and robbery are n
law; they have passed over entirel
In the Roman-Dutch jurisdict in a developed form and liability Roman actions, while there have law such as the action for loss of recognised in the Roman law.28
Some examples of direct refei may be mentioned:
(i) Under the Lex Aquilia, Commissions, omissions being excl law: if a road authority does nothi if repairs are done there is liability
27. Lawson, op. cit. p. 153.
28. Union Government v. Warneke, 1911 A 9.3.1.5; See Carolis v. Don Bastian, (1819) 2 S
29. Hallit vell v. Johanneshiturg Municipal Co

DF CEYLON REVIEW
ook Very Roman. For the Ronnan law tort, is based on separate actions designed icts. There are actions for various kinds another for insult and personal injury,
gent damage to property, to say nething
and the like. There is also a separate are grouped several actions which seen, have for their object the enforcement of
a compound of customary and Roman ural lawyers. The standards of conduct orm to which it stigmatizes as fault, come om the Roman law of damage to property, : Lex Aquilia. That statute had made damage done contrary to law, which by mean intentionally or negligently. This *d in all the other actions which gradually almost all other kinds of damage. It has which, as has already been stated, bases
ern civil law has no forms of action in The Roman actions have entirely as
o longer regarded as belonging to Civil
y to criminal law.'27
ions the Roman action for iniuria survives for animals is still referred to the old been interpolations from the Teutonic services caused by death which was not
rence to Roman law in these jurisdictions
liability was limited to responsibility for uded: Digest 9.2.7.8. This is the modern ng to repair a road it is not liable, whereas
for a negligent misfeasance.29
ppellate Division p. 157 (South Africa), rejecting Digest upreme Court Circular p. 184. uncil, 1912 Appellate Division p. 659 (South Africa),
28

Page 31
ROMAN LEGAL THINKING AN
(ii) The law of contributory ne concept of culpa compensatio found in Di
(iii) The diversion of undergroun been held to be unlawful if it causes dama 39.3.1.12.31
(iv) Recently in relation to liabilit the Roman law was referred to as a basis
(v) Joint wrongdoers are liable following Digest 9.2.11.4.33
Family law, however, was shaped conceptions than by Roman law. The narrow bases. Power and authority, in of the pater familias formed the central alloted to marriage and the common aff another and for their children. The Chi more attractive than the mechanical idea family was based entirely on natural ties kinship of all whom those ties united wa child was reverenced even in the attitu Roman law had in the course of its de harshness of its early conceptions, its The Teutonic family was more open to Roman because the feeling of commo. important than the dry, categorical imper of marriage and the regulation of proper came under the influence of Canon law. between, spouses and the unqualified pri married women as at Rome was rejecte partner for richer and poorer, for better C
30. Lенноні, Ltd. V. British South Africa Co. 1914 Vander Porten v. Morris (1915) 18 New Law Reports p. -
31. Union Government v. Marais, 1920 Appellate D 32. Van Zyl V. Kotze, 1961 (4) South African Law
33. Naude and D14 Plesis v. Mercier, 1917 Appellate . law see Mack v. Perera, (1931) 33 New Law Reports p. 17 Law Recorder p. 36.
33a. A different view of Roman law is taken by V View stated in the text seems to be the better view.
29
 

) THE MODERN WORLI)
gligence is based on the Roman est 9.2.9.4.*
d water, if done maliciously, has ge to a neighbour, following Digest
y for animals the actio de pastu of of liability.32
severally and jointly in solidun,
more by Christian and Teutonic ; Roman family was founded on perative, absolute and unyielding core. An insufficient place was ections of the two parents one for istian idea of the family was much of Roman law.330. The Christian of blood and mutual affection, the s upheld and the personality of the de towards discipline. Although avelopment softened some of the foundations remained unchanged. Christian influences than to the in interest was regarded as more ative of discipline. The ordinance ty arrangements within the family The entire separation of interests otection of the property rights of d. The Church made the wife a ir for worse, in the management of pelate Division p. 1 (South Africa) ; See vision p. 240 (South Africa).
Reports p. 214 (T) (South Africa).
Division p. 32 (South Africa). For the Ceylon 9, and Appuhany v. Appuhanly, (1928) Ceylon
Warde Fowler in Roine pp. 38, 41, 42. But the

Page 32
UNIVERSITY C
the Conjugal patrimony. Indeed, ir abrogated. Thus the rule in the persons who commit adultery ma Digest 4.9.13 and Novel 134.12.8
But this is not to say that Rom instance the institution of guardia integrunn ob aetate in the case of in and survived in modern law becau
In the field of succession, Ro the background. Normal success as a misfortune which required significant point of departure for The will was all important, for it that in testate succession assumptio ment of administration were not :
of the heir himself.
The Roman idea that a man's been accepted into the modern lav hardly changed since the time of payment of the debts of the dece Roman. A significant departure the treatment of legitim or the re. Dutch systems have accepted the Inc of testation, while the rules govern Roman at all. Moreover, in Sou English type of executor has infilt has become more or less a residu. on the other hand, almost totally
Systems.
As examples of direct referen in the field of testate succession on
(i) the rule that advances even for when a collatio honorum of prop
34. Estate Heinahan V. Heinamann, 1918 De Silva, (1909) 12 New Law Reports p. 81.
35. For an outline of the Roman-Dutch 35a. Malliya v. Ariyaratne, (1963) 65 New
36. Estate Van Noorden v. Estate van Not following Digest, 6.20.20.

F CEYLON REVIEW
places we see the Roman law specifically modern Roman-Dutch law is that two y marry when free to do so contrary to
an law played no part in family law. For inship3s and the doctrine of restitutio in capacities progressed in the Middle Ages se of Roman law.
man law forced intestate succession into ion was by will. Death was regarded providing for in advance and it was a
changes in property and other rights. was a starting point and it is significant 1 of title by the heir and the commenceautomatic but depended upon some act
property devolves as a single whole has v while the law of testate succession has Justinian. The theories governing the ased and the rights of legatees are also from the Roman law is to be found in served portions. The modern Romann-Roman principle of complete freedom ing legitim in continental systems are not th Africa and Ceylon the figure of the rated from the English law and the heir ry legatee.sso The law of intestacy is, of non-Roman origin in all civil law
ce to Roman law in Roman Dutch law e might refer to:
though they are debts must be accounted erty is made, 36 and
Appellate Division p. 99. (South Africa); Rabot v.
aw see Lee, Introduction to Roman Lau, (1953), p. 98 fi. Law Reports p. 145. fden, 1916 Appellate Division p. 175 (South Africa)
3()

Page 33
ROMAN LEGAL THINKING AN
(ii) the rule that a person who wr. any benefit under it. 37
There are examples also in the Ro1 - being clearly modified or rejected. Th has a right to succeed to its mother is di rule in Code 5.5.6.38 while Dutch prac fideicommissium of property to be created
As for legal procedure, barbarian formalism and disingenuous subtleties g unfit to Stand up against the simple, cle of the Roman formulae. The Church pla tance of Roman procedural methods but that accounted for their easy acceptance. and evidence are governed by statute.
To formulate the leading idea in the development of the modern civil law Sy: social phenomenon in a Social context, facilitated more than any other theoretic societies from the economics of the agric nercial and industrial individualism, th 蠶 law took the lead, which was cro tion, for the emancipation of individual and seigneurial collectivism—a primitive had left far behind when the impact of The Roman legal system was fully indi manic invasions, although traces of th The individual had absolute power over gations in particular applied principles o bility. These conceptions had been no jurists. But there was a peculiar contrac a veneration for the family incarnate in
ལྔ་
37. Benischouit v. The Master, 1921 Appellate Dis 48. 10 and Code 9.2.3.2. and 3, Arulampikai v. Theinbu |
38. Green v. Fitzgerald, 1914 Appellate Division p. (1908) 11 New Law Reports p. 171.
In Ceylon the rule is embodied in section 33 of the
39. British South Africa Co. v. Bulawayo Municipa Africa).
See also Ahamaddu Lebbe v. Suleriganna, (1916) 2 C
ཕ༨
31
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

) THE MODERN WORLD
es a will for another cannot take
lan-Dutch law of the Roman law Is the rule that an adulterine child rectly contrary to the Roman law ice has been admitted to permit a by act inter pivos duly registered,39
heories of wager of law, narrow ave rise to a shapeless mass totally ar orderly procedural mechanism yed its part in securing the accepit was essentially their attraction
In Ceylon, however, procedure
part played by Roman law in the items is not easy. But seen as a Roman law may be said to have sal factor the passage of European Iultural family to the rule of comtough it was not the sole factor. owned only in the French Revoluproperty from the ties of family stage of development which Rome the Germanic invasion was felt. ridualistic at the time of the Gere family concept still remained. his property and the law of oblifindividual consent and responsie or less fully worked out by the iction in Roman law. There was its chief, while at the same time
ision p. 589 (South Africa), following Digest 1944) 45 New Law Reports 457.
88 (South Africa), VVickramanayake V. Perera
Matrimonial Rights and Inheritance Act 1876. ity, 1914 Appellate Division p. 84 (South
eylon Weekly Reports p. 208.

Page 34
UNIVERSITY (
individual discretion Was Sanctifiec ion of individualism although the
This archaic element was eliminate idea of the family. Roman indi Teutonic Organisation of Europe b: had to meet. Ultimately in the brought back the principles of t although it took seven centuries
certain parts of Europe. In the cas of the individualistic elements of F
Codification, although it dep force, has not prevented continued continues to be present in spirit. Roman Dutch systems Roman law
(b) The Common Lati Systems
Anglo-Saxon law, on the othe it too has felt the incidental influe1 in Roman law was first shown in It was studied certainly at Cante this led to the use of Roman clas legal writers, Bracton.
But in the 12th and 13th centu was significant. A clear instance ( of novel disseisin which originated action related to the protection of
English Law experienced a bi The jurisdiction of the chancellor jurisdiction existed apart from the common law. In a very real sense known as Equity, was to supply t the common law of England. In areas and concepts of modern En which has now been fused into a
40. On this Subject see inter alia Lee “Ti South African Law Journal (1944), p. 153; H Lévy-Ullman, English Legal Tradition, passim;

F CEYLON REVIEW
The paterfanilias became the champmembers of the family were submerged. only by the acceptance of the Christian vidualism was the challenge that the sed on feudal ownership and domination twelfth century the Italian renaissance 1e Roman law and they came to stay, before their triumph was achieved in s of the Roman-Dutch law, the reception Oman law was achieved quite early.
rived Justinian's jurists of their binding
reference to them, and the Roman law It is important, however, that in the
is still a living artery.
r hand, has preserved its identity, though ice of Roman law.40. A cultural interest the time of the first Italian renaissance. rbury and perhaps at Oxford. Indeed, sifications by one of the earliest Engh
ries the operative influence of Roman law Dfborrowing is to be found in the Assize
from the Roman action uit de pi. This possession.
furcation in the 14th and 15th centuries. to administer law was recognised. This } authority of the ordinary courts of the the scope of the chancellor's jurisdiction, he inadequacies and correct the errors of deed, we find that some very important glish law are to be attributed to Equity porporate system with the common law. e Introduction of Roman and Anglo-Saxon Law, 61
oldsworth, The Influence of Roman Law on Equity, passin Plucknett, A Concise History of the Common Latv, passim.
32

Page 35
-్క
ROMAN LEGAL THINKING AN
In the early period of Equity, at its ve Roman law had some influence in det of the fundamental concepts of Equity,
purely English, but when equity assumed the administration of wills from the e concepts were also taken from them. I this field frequent reference was made to
was another source of indirect influent in the courts of equity were learned in th consciously, at any rate, unconsciously other hand while admitting that the Ron development of English equity we mus this influence. On the whole, English E framed in an English mould.
It has been said that during the peric some place in English law and that Lord N Sources in the application and developme ever, the evidence Seems to show that til in the Admiralty Courts which administ Roman law origins of that system could it took in those centuries was not affected even in these courts where Roman law merely one of the many features in a There was little direct use of the Roman
English law, on the whole, remail sistently resisted the overpowering attrac more English law developed the less us Indeed, Roman law was strictly relegate sities, a subject for academic study and co
(3) Roman Legal Method in Modern jurisp,
Finally, we come to a consideratio modern jurisprudence and of the value of law in its essential and fundamental aspect There were important statutes such as t law of Rome developed primarily throu and gradual formulation of custom. E
33

D THE MODERN WORLD
ry inception in fact, We find that armining its development. Some such as the Trust, are clearly and it the jurisdiction over legacies and cclesiastical courts certain Roman in the discussion of cases arising in the Roman law. Moreover, there ce. The Chancellor and lawyers Le Roman authorities which, if not
guided their thinking. On the than law had some influence on the it take care not to overemphasize quity is peculiarly English and was
d. 1600 to 1900 Roman law found Mansfield in particular used Roman 'nt of English private law. Howhis was not really the case. Even ered the Law Merchant, only the be detected. The particular form by Roman authorities. In short, showed signs of survival, it was constantly receding background. law even in this department.
ned Stubbornly English and perition of the Roman system. The did it make of Roman models. d to the precincts of the Univerimparison at best.
tudence and the Study of Roman Law.
of the Roman legal method in the study of Roman law. Roman s was not developed by legislation. he Twelve Tables but the private gh the progressive interpretation nactment as such was definitely

Page 36
UNIVERSITY O
regarded as a much leSS importa Praetorian edict which played a lar law was based on what may be Moreover, even in the applicatio) juristic interpretation was used.
The unenacted law was not a of a learned class, a tradition wh systematic. What was originally came later the function of a speciallThese were distinct from pleaders did not necessarily have a technical says “But the prudentes, as a class s advocates; thus Cicero, though a class ofjurist de veloped Roman lav time went on skilled jurists were gi so much so that at one time a lav opinions of those prudentes who h such as Proculus and Sabinus were of thought. Indeed, legal traini specialized university training and universities. Legal training was a doubt, the social aspect of this sci Whatever one may say about the a proper legal training did not con the letter of the law. It was a Co. development of law. The basic te decided cases to extract principles . different from the construction of
sophy.
The Roman spirit of logical re when Roman law was received in fication that took place in the 19th classical texts may not be bind systems they still are, where the la The attitude to law which regards and not a mere matter of letters or
41. The science of Law,' in The Legac 41a. The Law of Citations passed in the r

F CEYLON REVIEW
nt source of development. Even the ge part in the later development of the called the common or customary law. in of statute law, the same method of
سمٹ چیمبیا-چا
confused mass but the steady tradition ich was becoming more scientific and the department of the priestly class bey educated group of lawyers or prudentes. or advocates in the courts of law who knowledge of the law. As De Zulueta tood a little apart and distinct from the good lawyer, was not prudens”.141 This w by reference to reason and logic. As ven special authority in the Courts of law w was required to settle conflicts in the ad authority. Many of these jurists teachers of the law and created schools ng was probably regarded as almost a these schools were more or less minor science and a precise science at that. No ence was at the time equilly important. Roman system it cannot be doubted that |sist of a mere mechanical knowledge of instructive formation with a view to the chnique was that of using precedent and upplicable to a further case. This also is abstract principles derived from a philo
asoning infected the continental Societies to their structure. In spite of the codiCentury the same spirit prevails, although ing authorities. In the Roman-Dutch v has not been modified by Dutch ideas. it as a social science based on precedent
words is originally Roman.
y of Rome (ed. Bailey), pp. 173, 193. sign of Theodosius II and Valentinian III in 426 A.D,
34
ཎི་
ܡܚܝܬ ܟܠ.

Page 37
票
সৃষ্টি
ROMAN LEGAL THINKING AN
In England, the study of Roman la substantive effect on the law itself, yet ii and responsibility into the training of leg the development of the common law thr of iudicial decision. It will be noted th: process is just as prominent as it was in
This attitude to law as a living and of Rome: it might be called the scien transmitted to us here in Ceylon.
Similarly, the idea that a legal tr originally a Roman idea. AS was mei of difference between the jurist and the Cicero as far as legal education was English universities took up the study o the same spirit of scientific interest. A imparts an educational background whi good legal thinkers and jurists, as opp barristers or notaries. It does more th such as a law college does. The latter letter of the law or some of it, while the stand the law and its bases, to appreciate a organ of society designed to fulfil ce the lawyer a real sense of the law. That of the law college is not Roman.
In addition to the influence that Ro technique and also on the character of le. value as a subject of study for several rea
(i) Naturally, it demands study prevailing in a country such as Ceylon. a liberal view of your subject is not rea bottom of the subject itself.'42
(ii) For a student of law, even ap it may have, its “educational and scientif ning those habits of mind in which a lav be overemphasized. Unlike English laʼ system had great coherence. As Viscou
42. Holmes, Collected Legal Papers, p. 197. 43. Bryce, op. Cit, note 11, p. 488.
35

D THE MODERN WORLD
W in the universities, if it had little fused a spirit of legal consciousness 1 minds and has certainly influenced ugh the actual process and methods t in the common law the inductive Rome.
growing organism is a true legacy se of law. The tradition has been
aining had educational value was tioned above, there was a world pleader, between a Sabinus and a concerned. The continental and Roman law and law in general in good faculty of law in a university ch produces good lawyers-that is osed to mere pleaders, advocates, lan what a professional institution imparts a knowledge of the mere Iniversity trains the mind to under: its defects and virtues, to see it as itain desired ends. The university
This is essentially a Roman idea.
man law has had on modern legal gal studies, Roman law has its own sons, particularly to us in Ceylon.
as the basis of a legal system still As Holmes said, “the way to gain ! something else, but to get to the
rt from any direct practical value c worth as forming and strengtheyer's excellence consists'43 cannot V, its chief rival, the Roman legal it Bryce says,

Page 38
UNIVERSITY Ol
There are two capacities or excellence of a legal intellect chiefly principles to concrete cases, and the with clearness and precision. Tow writing of the Roman jurists supply English rivals. 44
The manner in which a Ronn concrete fact to principle and from t so much so that Savigny could com with his ideas.'s The Roman juri in terms of particular examples and governing principle was, one might technical precision and in this sense
(iii) To the student of legal hi. Not only does it exemplify a degr a system that existed at such an ear and breadth it affords a standard by lization. The history of its own de is geared to social conditions and h change, while still avoiding capri with Girard that,
“There is no teaching better ca. the law of a given moment of histor at the mercy of the caprices of the are purely logical and ignorant of rather the mistake of mere pract product.'47
The history of Roman law o' affords a study of legal developmer method.
44. Iden. p. 878. 45. As quoted by Byrce, ibid, from Voiti Be ch. 4.
45a. This is to be seen in the evolution oft Friedmann, Legal Theory (4th ed.), p. 50 and N p. 61 deal with this point.
46. Girard, Manuel Elementaire de Droit Ron 47. Idefit., p. 15.

CEYLON REVIEW
mental habits on which the distinctive
consists-the power of applying general
power of enunciating a legal proposition
ards the formation of both of these the
more aid than do those of their mode 2.
ܓܪ
an jurist handles a case, moving from
heory to hard reality is a lesson in itself, pare him to a mathematician calculating st's mastery of understanding principle t of detecting in the individual case the I say, unparalleled.45 Roman law has it has value as a dialectical training.4
story and institutions it is indispensable. 2e of maturity which is remarkable for ly age of civilization but in its lucidity
which to judge the character of a civilavelopment shows how inmutably law low a system can sow its own seeds of ce and arbitrariness. We can observe
culated to prevent people looking upon y as either an artificial arbitrary accident legislator (the mistake of minds which the mechanism of social life) or (as is tioners) as an immutable and eternal
ver a period of over a thousand years it through the application of the juristic
ufuserer Zeit für die Gesetzgebung und Rechts Vissenschaft,
ne ius gentium under the direction of the Roman jurists. Moyle, Inperatoris Justiniani Institution II HI Libri Quattuor,
tain (trans. Lefroy and Cameron), p. 13.
36

Page 39
辜
ROMAN LEGAL HINKING AN
(iv) AS a Subject for comparative studies in law, it has several uses.
(a) First, it helps to give new in eie's own law, just as visiting foreign tion of one's own country. As Lepaull
“To see things in their true light as Strangers, which is impossible when own country. That is why comparativ elements in the training of all those wh in which every passing day brings ne sources of complexity, of passion and of
(b) Second, it helps in the under and conceptions especially if these are event the training acquired in handling adequately advanced and systematized, facilitate the approach to other syster international trade and intercourse, not
(c) Third, it could provide a happy al systems, especially between the E Unification of law has practical value in intercourse. Ultimately, this is a desira law, and Roman Law, being such an systems can be of special value.
*Travailler au rapprochement des
intelligence' declares Lévy Ullman, “ essentiel, telle est l'utilité fondamental legislation comparée doit tendre de tout vaste de la civilisation, dont elle est l'un de cette Paix universelle pour laquelle o notres et, à laquelle jamais les hommes qu' aujourd'hui. ́50
4s. The Function of Comparative Law'' 35 Hars
49. For the value of comparative law for this put Comparative Law in Law: A Century of Progress, Vc
50. “D’Utilité des Etudes Comparatives" ! La Re
37

D THE MODERN WORLD
study or as a basis for comparative
sights into familiar conceptions of ountries illuminates one's appreciae said,
we must see them from a distance, we study any phenomenon of our e law should be one of the necessary O are to shape the law for societies w discoveries, new activities, new a hope.'48
standing of foreign legal doctrines based on the Roman law. In any a different system of law which is such as the Roman, will certainly ms which may be necessitated in to mention the conflict of laws.49
! basis for a rapprochement between nglish and Civil systems of law. facilitating international trade and ble end in regard to all systems of important factor in modern legal
peuples en facilitant leur mutuelle tel doit être aujourd'hui l'objectif e des etudes comparatives ... La es ses forces, dans le domaine plus des facteurs vitaux, à realiser l'idéal nt versé leur sang les meilleurs des de toutes nations n'ont tant aspiré
tard Law Review (1922), pp. 838, 858.
pose see Yntema, "Roman Law as a Basis for l. 2, pp. 346, 366.
’ue du Droit (1923), pp. 385, 388.

Page 40
UNIVERSITY O
(Translation:) “To work fo facilitating their mutual understan objective today, such is the basic parative law ought to lend all its p of which it is one of the vital universal peace for which the best and for which never have men of a
(d) Finally, foreign legislativ sources of suggestion in the formul. intance with foreign legislation has for Comparative Legislation. Thi Professor Yntema points out, it ha pristine Romans sent a delegation Hellenic cities as a preliminary to more recent days when proposed sideration of analogous provisions
(v) Of course, the study of R whether in its historical, sociologic. thing that should be discouraged. in the context of the great civilizati it brings to light interesting facts of ways. Its ethical value is best attes Digest which cites Ulpian as saying
“Iustitiam namque colimus aequum ab iniquo separantes, lici solum metu poenarum, Verum er cupientes, veram nisi fallor philoso
(Translation:) “For we culti of goodness and justice, distinguis nating between what is permitted a good not only by fear of punishm rewards, pursuing a philosophy W not one which is specious.
51. Yntema, op. Cit. note 49, p. 369. 52. Digest, 1.1.1.

F CEYLON REVIEW
r the rapprochement of peoples by ding, such ought to be the essential utility of comparative studies ... Comowers, in the wider arena of civilization forces, for realizing the ideal of this of our ancestors have shed their blood, ll nations longed for so much as today.
2 experience is one of the most fruitful tion of new laws. This need for acqualed to the formation of various societies S is a purely utilitarian objective but, as s been in use “from the time when the to Greece to examine the laws of the the drafting of the Twelve Tables, to legislation is often motivated by conin foreign legal systems.'s
oman law as a part of a liberal education, tl, ethical or political aspect, is not someRoman law has its historical perspective ons that flourished. For the sociologist, the structure of Roman society in many ted by the opening passage of Justinian's
.
et boni et aequi notitiam profitemur, itum ab illicito discernentes, bonos non tiam praemiorum exhortatione efficere phiam, non simulatam affectantes.52
7ate justice and we profess a knowledge hing the fair from the unfair, discrimiund what is not, desiring to make people Snts but also by encouragement through hich is true, if I am not mistaken, and
sܝܲܢ ܝܵܪ=

Page 41
حی
ད།
ROMAN LEGAL THINKING AN
The student of politics also will fi as a concrete product of a society strivir political basis.
in an attempt has been made to sho Roman law has influenced the modern portant it is for us today, especially in system still prevails. A description has that the Roman science of law has made many factors, for the proper study of R of a correct knowledge of legal system wider objectives concerned with legal gressive goals in a developing world.
As a fitting conclusion to this study, words of one of the greatest Romanists time Regius Professor of Civil Law in til
**Roman law, next to Christianity, VI of modern civilization, and it is the grea
53. Journal of the Society of Public Teachers of L
39

ND THE MODERN WORLD
ind much of interest in Roman law ng to organize itself on a satisfactory
W very briefly and in outline how world and consequently how imCeylon where the Roman-Dutch also been given of the contribution and the justification, flowing from pman law whether for the purposes s such as ours or in the context of ducation, liberal training and pro
one may be permitted to quote the of our time, W. W. Buckland, one he University of Cambridge.
vas the greatest factor in the creation test intellectual legacy of Rome.'ss
C. F. AMERASINGHE
aw, (1931), p. 25.

Page 42
Horatian Hint
ppreciation of Horace is eve t- Α his appeal and his sympathi is apt to see in him a reflecti inconstant mind. Altered beliefb.
Here is a Victorian view of H With all his melancholy the grave, and the half-sport to make the best of the passin consciousness of nobler truths utterance, suggesting precepts rod of Mercury, and do not : of Styx :
“Virtus recludens innime Coelum negata tentat it
Thus we find his thoughts into and Condorcet, bafHedin aspi dies in his dungeon with Hor. says, by what arts of constanc and Hercules attained to the ci
The modern interpretation ins after bodily death. Of many such Writes of the repeated assertions of searched for those “repeated assertic
damnina tamen CelereS repara11 nos, ubi decidimas
quo pater Aeneas, quo Tulli pulvis et umbra SUA HAIS.
I. The Odes and Εμodes of Hογαρe, Son, 1869, pages XVIII and XVIII.
2. Horace and his Lyric Poetry. Camb

S of CT Hereafter
: changing. His humanity is so gerial, as so universal, that each succeeding age on of its own varying mood and its own . rgets altered interpretation.
brace's outlook on Life and Death:
conceptions of the shadow-land beyond ive, half-pathetic injunction, therefore, g hour, there lies deep within his heart a , which ever and anon finds impressive and hinting consolations that elude the accompany the dark flock to the shores
ritis mori er Vila. ”
rwoven with Milton's later meditations: rations of human perfectability on earth,
ace by his side, open at the verse which 彙。 y and fortitude in mortal travail Pollux tadels of light.
ists that Horace had no belief in survival interpreters one is L. P. Wilkinson : he Horace that death closes all. 2 Having ns, I can find none.
II
if caelestia luniae,
|IS, dives ef Ancils,
(Odes, IV, 7).
edited by Lord Lytton, William Blackwood and
ridge at the University Press, 1946, p. 35.
4()

Page 43
خپله
裏
HORATIAN HINTS OF
This is the middle stanza of an ode life is short and death inevitable. That is in the ode than that. pulvis ET UMBRA of dust in the tomb. inors is death, and jaanano more than that Horace counse addressed, not to hope for exemption fre is that death is inevitable; not that deatl words et umbra should not be ignored.
The solvitur acris hierus ode (I, 4) is
Life and Death. A comment on this by Classical Studies, University of Melbou Encyclopaedia Britannica (1962 edition). “ says Quinn, formally provides a threadt part of the poem with that of the second ness of the imagery with pervading at What precisely Quinn means by the phi not explain. If he means merely the aph would be a trite and vapid commonplace sophical commonplace.
It is right, of course, to appreciate the inēss and the attitudes of irony and mela stop there: criticism should go on to ask v ness, the irony and the melancholy are purpose beyond themselves. The line an Manes et domus exilis Plutonia has an image1 the purport of which criticism should not imagery symbolizes things corruptible and must symbolize things incorruptible; thi but may be the beginning. Has critici taken as a whole and with due regard to expression not of a trite aphorism, but o call a Great Commonplace as
Wilkinson's book has al Section on Li the trend of contemporary feeling in Rom. of Classical Greece. By the contempo view taken in a mourning Rome, a Ron
3. Poetry Direct and Oblique, Chatto and Winc
41

A HEREARTER
of which the main theme is that the central idea, but there is more 4 sumus—that was not written only in this ode in nortalia ne speres can ls Torquatus, to whom the ode is om death. Horace’s assertion here is final. The significance of the
another in which Horace ponders y K. F. Quinn, Senior Lecturer in Erne, is published at page 741 of The philosophical commonplace, o link the rich imagery of the first | part, tuning the simple sensuousitudes of irony and melancholy. losophical commonplace he does orism that death is inevitable, that 2: a biological rather than a philo
rich imagery, the simple sensuousncholy. But criticism should not whether the imagery, the sensuousthere for their own sake or for a d a half iam te premet nox fabulaeque ty of its own, sombre and shadowy, ; blink. As that rich and sensuous | mortal, so this contrasted imagery ngs of which death is not the end Sm considered whether this ode, all its imagery, may be the poetic f what E. M. W. Tilliyard might
fe and Death, wherein he refers to eas opposed to “the common view tary Roman feeling he means the le stricken by thirty years of civil
lus, 1945, pages 39 ff.

Page 44
UNIVERSITY C
strife, a Rome in which, he SayS, encouraged a wishful belief in a common view of Classical Greece death closes all-the view with alleged to agree. If that was ind a view Greek Plato for one did attempted to inquire whether Ho have used seemingly incompatible pose of combining them in a new : If old Cato could temper his cold young Horace seek to mellow his Roman vintage 2
An exquisite Graeco-Roman nepos Atlantis. The tale of theft C and the humorous reference to th characteristically Greek. But Mei from earth to Hades and settling sedibus-this is contrary to the view the trend of contemporary Ron Revolution, the France of Marquis well.
Horace's repeated assertion is short and death inevitable. Yet w it like a constant satellite, is alwa something which he keeps intimat he employs. —iam te premiet nox . In Odes, II, 14, when the satellite appears in the fulness ofa stanza lo
visendus ater flumine 1 Cocytus errans et Dan infaHle damnatusque Sisyphus Aeolide
That bodily death is in one S. gone out can never be called back in doubt. Therefore, he could loc of a dear friend, Quinctilius Varus durum, sedlenius fit p
quicquid corrigere es

}F CEYLON REVIEW
the unbelievable horrors and injustices Compensation hereafter. And by the he means, presumably, the view that which Horace's “repeated assertions are eed the view of Classical Greece, sit -- Iyas not share. Has critical interpretation race, master-eclectic that he was, may Greek and Roman elements for the purund luminous Graeco-Roman amalgam ? virtue with heady wine, why should not Classical Greek with a contemporary
blend is Odes, I, 10—Mercuri, facunde f Apollo's cattle was a Greek invention, at early roguery of the god Mercury is 'curius stealing souls through the passage them there in happy dwellings, laetis that death closes all; this is in tune with lan feeling. France in the throes of its
de Condorcet, would know that feeling
not that death closes all, but that life is ith this recurring theme, revolving round Lys a surmise of something after death; ing by means of the figurative language fabulaeque Manes et domus exilis Plutonia. emerges from the circumfusile gloom, it aded with imagery not of this world:
anguido
a 1 gC 1111S
longi
S laboris.
ense final-final in the sense that the life into the same body-Horace was never k with dignified resignation on the death
atientía t nefas.
(Odes, I, 24).
42
':്
鱷、
,

Page 45
ཀྱི་
HORATIAN HINTS Ol
To the stern fact that death inevita of earth, quicumque terrae munere vescima linquenda tellus et dominus et placens uxor-l: behind. But there are things not of ea. asai did not mean to abandon. And if life, if he was always for making the be natural that he should hope to do likewis
He once narrowly escaped death himself, he sits down and writes an ode off his guard is more horrible, he says, t ward offin the hour of battle or the deat himself in time of tempest. So horrible him. But what then? Even in death he v been the loadstar of his life. Death, ever stop his ear from drinking in the music of Sappho and the larger-sounding strair
utrumque Sacro digna silentio mirantur umbrae dicere; sed mi
plgildS et evactos tyrantios densиm һинсris bibit аи
this may be; humorous pleasan
re verum quid vetat ?
III
te тaris et terrae питeroфие с mensorent cohibent, Archyti
This is the opening sentence of a prol Sombre presage of a world outside the syllable of that word Archyta is a metrical prosodial regularity requires two short ( back, as it were, in the fifth foot of the h comies Orionis.
The ode teems with involuted prob Lytton, has been more subjected than th conflicting commentators; nor arc the գլ
43

R A HEREAFTER
bly awaits all who taste the fruits ar, Horace was perfectly resigned. and, home and wife must all be left rth which he had learned to enjoy Carpe diem was his motto through st of the passing day, it is not une with the long Plutonian night.
under a falling tree. Recovering
(II, 13). Death that takes a man han the death which a soldier may h from which a sailor may protect was the death that had nearly got would not cease to follow what has if it had claimed him, would not of shipwreck and war, the melody
of Alcacus :-
'agis
re volgus.
ry it may be. And yet-ridenten
arentis arenae
1.
(Odes, I, 28).
plem poem, a poem weighted with rational and normal. The first abnormality (along syllable where Dnes), Whose macabre echo moans Lexametre me quoque devexi rapidus
ems. “No ode in Horace, wrote is one to the erudite ingenuity of testions at issue ever likely to find

Page 46
- UNIVERSITY (
a solution in which all Critics wil composed as a dialogue between Was it a dialogue between a no dead seaman : Or, is the whole wrecked and unburied man, who of death . This last supposition have adopted.
Then there is the problem o an ancient myth, Aurora, goddes immortality. But without etern insupportable burden, from whic a grasshopper. That being the Tithonus is cited as one of those v. be to Some that pedantry may e the Pleiades for a solution.
Based on mythology too is belief is that, unless his bleaching umbra must stay debarred from i This was the problem that trou (Aeneid VI, 365 to 371).
What could have Horaces pu breeders-the myth about Titho efficacy of burial rites—in the sole criticism given due thought to thi
Horace's way with the Old im Adapting the myth about Zeus interprets it to mean that a seduce had gained access to the girl (Od require a figurative interpretatio touch, so Tithonus, schooled by sa senility as a bane rather than a (Odes II, 16). The truth under bodily death is not something so I
4。 op cit. page 92.

DF CEY LON REVIEW
| be contented to agree. Was the ode the ghost of Archytas and a voyager : ralizing live voyager and the ghost of a s poem assigned to the ghost of a shipmoralizes ever Archytas and the certaity is the one both Lytton and Wilkinson
f Tithonus. On Tithonus, according to s of the dawn, had conferred the gift of all youth, his inability to die became an h he found release by being turned into old myth, how comes it that in this ode who died ? So perplexing can this puzzle ven find itself impeled to go puling to
the drowned voyager's problem. His bones receive even a symbolic burial, his ts proper resting-place beyond the Styx. bled also the soul of Virgil's Palinurus.
"قمہ سے
irpose been in uniting these two problemnus and the mythical notion about the mnity of a sepulchral monologue : Has s question :
yths is not to explode but to exploit them. visiting Danae in a shower of gold, he r, by the expedient of bribing the guards, es III, 16). The Tithonius myth too may 1. As Midas learned to loath his golden d experience, came to regard his unending
boon. longa Tithon un minuit senectus lying the myth is that exemption from be desired. Therefore, in nortalia. He speres,
44

Page 47
HORATIAN HIN | S OF
And yet immortalia spero is the burde All the concern he displays over his unb of ultra-Stygian immortality. And her of all in this ode. How has criticism fa Criticise appears to face away from it. once more looking ironically at human, it
Where is the inconsistency Irony man speaks under the influence of two di die; and the other is that man is potentiall the other is not. And the irony lies in c the irrational on the rational.
Lady Macbeth is rational enough wh
Go get some Later tid trash this filthy teitness from:2 )
At the time she speaks these words the bl minutes rational treatment with HO w
trace behind. And yet
Yet here's a spot. . . . . Out, damn smell of blood still: all the perfumes of hand. -
It is a different Lady Macbeth-a t irrational Lady Macbeth—who talks no of the irrational shatters the rational.
Akin to this is the retrospective iron monologuist. His truism that all must d he proceeds to disclose his views about burial rites, he has passed into the realin
retrospective irony; here too is the irony
ܗܳܝܢ
pregnant with profounder truth.
5. op. eit. page 114.
45

A HERE AFTER
n of this dead man's monologue. tried bones is rooted in his hope tin lies the most thought-teasing ced the challenge : Wilkinson's suspect, he says, “that Horace is consistency.'s
there certainly is. The drowned stinct beliefs: one is that all must y immortal. The one is rational: isplaying the dramatic impact of
en she bids her husband
'our hand.
(Macbeth, Act II, Scene 2).
lood on his hands is fresh. A few ashes it all away, leaving not a
ed spot. Out, I say ... Here's the Arabia will not sweeten this little
(Act V, Scene 1).
ormented, sleep-walking, utterly w. And the retrospective irony
y latent in the words of Horace's ie is plainly rational. But when immortality and the efficacy of of the irrational. Here too is of an irrational utterance being

Page 48
UNIVERSITY
Strange it is that Wilkinson' the section dealing with Horace's chapter entitled Attitude to Poetry. itself as an expression of the sept cism, then, if one may judge fron form: it fails to ponder the subst: Horace had no belief in survival necessity avoid facing the fact of Horace imagines as a survivor of
The drowned man says that the “immortal Tithonus died; he here he is, surviving bodily dea immortality. This ode could h; abandoned all hope of survival aft
According to Sellar “Horace of inexhaustible melancholy with after.0 No; Horace's is no vagu image gives shape to his vision of
tul pias laetis a ninnas r
Sedibus, virgaque leve
aurea turbann, superis
gratus et innis.
6. Horace and the Elegiac Poets by (1924 impression), page 43.

DF CEY LON REVIEW
comment on the Archytas ode is not in attitude to Life and Death, but in a later
This ode, says Wilkinson, has revealed lchral epigram-form. Wilkinson's critithis, reaches no deeper then the outward ince. Wedded as he is to the notion that after bodily death, Wilkinson must of Horace's monologuist being one whom
bodily death.
all must die: the great Archytas died; (the drowned man) also has died. Yet ih, still nursing the inalienable hope of urdly be the work of a poet who had er bodily death.
does not, like Virgil, meet the thought
the vague hope of a spiritual life heree hope. In poem after poem image after pure souls in the calm of blest abodes:-
еротis h2 COerCCS deorum
(Odes, I, 10).
A. C. SENEVIRATNE
W. Y. Sellar, Oxford at the University Press,
- 46

Page 49
ܝ_
A Buddhist Discourse
* Y Tun-Hu
I. INTRODU
western China by L. de Lóczy an
1879, and the subsequent collecti Buddhist manuscripts by Sir Aurel Stein the history of modern Chinese studies. size of the pile of manuscripts and other feet. Undoubtedly Stein was fortunate of manuscripts from Tun-huang. He c them to the British Museum in London, . region was financed by the British and I of Stein, Professor Paul Pelliot, a noted huang in 1908 and carried away anot paintings and other objects of art to F Bibliotheque Nationale, Paris. Realising documents, the then Chinese Governmen left behind. A final collection of over 8 the National Peiping Library in Peking. best collections of Tun-huang manuscri found in England and France and not in prompt action to prevent these priceless ti of private parties.
Τς discovery of the Thousand Buc
Each of the collections of Chinese 1 and Peking consists of two main division In the Buddhist Section, the majority are viz., Sūtras, Vinaya and Śāstras, in additi historical and literary compositions ma the writings a special literary creation versions of Buddhist topics, such as the Māra by Mañjuśrī Bodhisattva, the stor
1. Chou Shao-liang: Tun -huang-pien - uven-1 Stein: On Ancient Central Asian Tracks, p. 193,
47

on Meditation from dոց
CTION
ldha Caves at Tun-huang in north| Count Szechenyi of Hungary in in of a large number of Chinese in 1907 were two great events in
According to Stein's report the objects of art was about 500 cubic 2nough to secure the best selection lected over 6,000 scrolls and sent is his expedition to the Tun-huang hdian Governments. In the wake French Sinologist, went to Tunher 2,000 scrolls of manuscripts, France. These are housed in the g the importance of these literary thastened to collect whatever was 3,000 scrolls was made and sent to
However, it is obvious that the its and other art objects are to be China. China had failed to take reasures from falling into the hands
manuscripts kept in London, Paris is, Buddhistic and non-Buddhistic. texts from the Chinese Tripitaka, on to the philosophical, doctrinal, de by Chinese scholars. Among called “pien-uen, or dramatized ife of the Buddha, the subdual of of Maudgalyayana's rescuing his
ui-lu, pp. 1-2. Shanghai, 1952; Aurel

Page 50
UNIVERSITY O
mother from hel, the Jataka stori Saddharita-pundarika-Sitra, the irdesa-Sitra and so forth, has mac literature. It is generally written beauty of its own. The Chinese
wards used to recite this type of
purpose of propagating Buddhis Consequently other writers adopt non-Buddhist topics which are all good Collection of Such Works in til
lin the non-Buddhist Section li! from texts of Taoism, Confucianisin poems, Songs, ballads, biographie and a host of miscellaneous subjec on this matter, L. Giles's exhausatis
The present translation is mac manuscripts kept in the British Mus versions of the Same text in the S. 3558 and S. 4046. I have used N other two whenever necessary. k1 own figure in Zein history. He Patriarch of the Zen School. Hist the first Patriarch 4 of Zen Budd practices are quite different from being the case, this discourse of Hu Probably he was the first Chinese t and it must have influenced greatly Hui Nêng. We are sure this word in tracing the early teachings of Composition, we are not in a pos stage. As Hui Neng, his pupil, p. been completed before that year, if
With regard to the principal author was of the opinion (1) that
2. Wang Chung-min and others (ed.) 3. Lionel Giles: Descriptive Catalog iri, the British Museum ... Londolin, I 957.
4. W. Pachow: Zen Baddhis, and E. Vol. XXXII, Nos, 2 and 3, Calcutta, 1956
5. Taishô Nos. 2007 and 2008; The

CEYLON REVIEW
es, and the popularized Versions of the
e a great contribution to Chinese folk in prose and poetry, and has a great Buddhists from the eighth century Qu- or Domposition to large audiences for the in on account of its popular appeal. 2d this form to write literary pieces on - {o known as Pien-lpen .2 There is a Le three centres mentioned above.
erary Writings on diverse topics ranging and Manichism to history, topography, s, divination, measurements, club-rules its are found. For further information Te list of topics may be consulted.3
le from one of the Tun-huang Chinese seum. There are three slightly different Stein Collection bearing Nos. S. 2669, No. S. 4046 as the base and consulted the The author of this essay was a well
was the teacher of Hui Neng, the 6th orically speaking Bodhidharma was not hism in China, as his teachings and those of the later Zen masters. That ng Jen becomes all the more important. eacher to write a treatise on meditation, some of the late Zen masters, including k will help students of Buddhist history Zen Buddhism. Regarding the date of ition to say anything definitely at this issed 5 away in 713 A.D., it must have
not earlier.
arguments found in the discourse, the the mind is inherently pure and is in a
Tun-huang-pien-wen-cho, Peking, 1957. te of the Chinese Manuscripts from Tuin-huang
The Indian Historical Quarterly,
Sātra of Wei LCa ing (H u i N London, 1953.
48

Page 51
ܛܥܐ
A BUDDHIST DISCOURSË ON MEI
state of neither existence nor non-exister the Buddha are placed on an equal foot of mind. The reason for their being in that the Buddha has realized the nature o beings are ignorant of it, and thereby t and death. The way which will lead the ment is to undergo a course of meditatio “Mindfulness has occupied a very imp according to the author, the foundation hood and Nirvana.
Generally speaking, the teaching of early Buddhist tradition of Dhyana, the certain extent, by the theory of Buddhaindividual. We are, however, unable to self and Nirvana are ultimately void, or it exists permanently. Normally sidered to be similar in character and 1 author's trying to make a distinction bet
Finally we hope that the discourse of stand the theory and practice of Zen as ki It is very clear that the particular type of masters after the 8th century, has very lit nothing to do with Bodhidharma, the s Buddhism.
III. THE T
An Important Discourse on the Cu
leads the Profane to
the Realization (
By Upadhyaya Hung J
Regarding the cultivation of the es that the self is originally pure. It is neit it any differentiations. To see one's c perfect and pure mind is much better til Buddhas of the tem quarters.
49

ITATION FROM TUN-HUANG
ce, (2) that the common folk and ng, as both possess a similar kind a different state is due to the fact the Dharina, whereas other living ley wander on the path of birth common folk to attain enlightenhal practice retaining mindfulness. Drtant place in this essay. It is, f, and stepping-stone to Buddha
Hung Jen is fairly close to the ugh it has been influenced, to a nature which is inherent in every agree with the statement that the whereas the dharinata is not so, lharuata and Nirvana are conboth are asariiskirta-dharitas. The ween them appears unnecessary.
Hung Jen will enable us to undernown in the 7th century in China. Zen practised by most of the Zen tle to do with Hung Jen, and has o-called founder of Chinese Zen
EXT
ltivation of the Mind which Holiness and to of MUKTI
en of Ch’ichow.
sence of Tao, one should know her born, nor destroyed, nor has wn Teacher with the inherent, an keeping remembrance of the

Page 52
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| 1 || Question : How do y originally pure :
Answer : The Dasabhiini-Sas
“In the body of the living nature which resenbles the br Sun. On account of its being skandhas, the Sun cannot shine,
To dwell further on the simil that, when clouds and mist rise fro1 becomes dull and cloudy. Why is t is defective : In reply to this, we but that it is being obscured by clou beings is in the same state, but for of attachment, false thoughts and d mindfulness distinctly, the false ic dharnia-Sun will automatically app own mind was originally pure.
2 Question: How do you
nally neither existent nor non-exist
Answer: It is stated in the Vi
"Suchness (Tathata) has no ex ness is the Bhittatathat a Buddha-natt mind. Bhitatathiata is self-existent causation.
Further, it is said: “All the sages and Saints are also in We are the living beings while the may be called differently; howeve which is neither existent, nor nonall are in a state of suchness. He originally neither existent, nor non

F CEYLON REVIEW
Du know that one's own mind was
tra SayS:
beings there exists the vajra-like Buaଣୀର୍ଘ
ight, full, perfect, immense and endless
obstructed by dense clouds of the five
just as the flame of a lamp inside a jar."
e of the Sun, we may cite the example m the eight quarters, the whole universe there no sunshine: Is it because the Sun. s say that the sunshine is not defective, lds and fog. The pure mind of the living its being covered by the dense clouds iverse views. If one is able to maintain leas will not emerge and the Nirvancear. We know, therefore, that one's
1 know that one's own mind was origiCint :
filalakirt-Satra:
istence nor non-existence. This such1re, and the Sourse of self-existent pure
and not produced by the conditioning
living beings are in a state of suchness, a state of suchness.”
sages and Saints are the Buddhas. They r, in them, the dharmatå of Suchness -existent is the same. Therefore, I say,
ce we know that one's own mind was
-existent.
50

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ར་
A BUDDHIST DISCOURSE ON MEI
3 Question: What do you meanby Answer: The true mind is self-ex nor does it accept any restrictions. In is no one who surpasses the most intimat ore-recognizes the bhitatathala and retains the confused one who misses it, will fa suffering. Therefore, we know that the the self-existent true mind to be their tea
It is stated in a Sastra: “Livin waves of false ideas.” Having realized this falsehood, one clea false ideas do not arise, one reaches a st we know that the mind is one's teacher.
[4] Question: What do you mea: ordinary people is better than that of the
Answer: One will not get rid of thinks of other Buddhas. However, if o sure to reach the Further-shore. It is, t prajnapdrainita-Sitra:
* "If any one wishes to see me in person is treading an evil path and h
Therefore, to retain true mindfulness is other Buddhas.
Further, the word better is merely to people who devote themselves to p1 of the ultimate fruition is the same, and i
5 Question: Since the true char Buddhas is the same, how is it that the existence, nor non-existence, free from bliss, whilst we, ordinary beings, sink i suffering various kinds of miseries and so 6. Pu-so-shu-shiu (see Appendix) has the 1. to a teacher'. This does not make any sense hel
shu-hsi (see Appendix) which means, Not to acc possibility, the sense is more clear.
7. Shou-hsin (see Appendix) means to kee
hence we render it as 'mindfulness.
51.

DITATION FROM TUN-HUANG
calling the mind to be one's teacher: istent, not coming from outside, the three periods of existence there e relationship of the mind. If any it, he will reach the Further-shore; ll into the three inferior states of Buddhas of the three periods take cher.
g beings exist on the basis of the
rly retains mindfulness. When ate of no more birth. Therefore,
n by saying that the mind of the
Buddhas :
birth and death, if one constantly he retains one's mindfulness, he is herefore, said in the Vajracchedika
form, or to seek me in sound, this Le cannot see the Tathāgata.”
better than the remembrance of
intended to give encouragement actice. In fact, the characteristic s on an equal footing.
acteristic of living beings and the : Buddhas are in a state of neither obstruction and enjoy immense
into the depth of birth and death
11OWS 2
heaning of 'Not to ask for any salary due e. Possibly it is a mistake for Pu-shouept any binding. If we accept the second
p, to retain or to watch over the mind,

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UNIVERSITY O
Answer: Having realized the the ten quarters comprehend the sc not arise, righteous thought will b. belongs-to-me will disappear. Th and death. As there is no birth an Being in a State of Nirvāņa, the ter of their own accord.
Being ignorant of what is tr know the diverse false causations of thought. As there is no righteou and affection; because of hatred a and leaking; because of the damage goes birth and death. Since there present. The Hrdaya-raja-Sitra say
“Suchiness of the Buddha
In the ocean of the six senses, or and shall never be freed from
Be earnest When one retains tr arise, and the conception of wha one will naturally attain the same si
[6] Question : Since Suchines and the living beings) is the same, be applicable equally to both. Wh
ment, whereas the living beings are
Answer : (Some of) the fores wondrous region which cannot b who are still in a state of profanity. losing one's nature, one is confusec conditioning factors are put togeth be said definitely. However, the retaining true mindfulness. The V
“It is not the self-existe The Dharma does not come in
This means the realization of the t ment, and the attainment of the

F CEYLON REVIEW
nature of the Dharma, the Buddhas of urce of the mind. Thus false ideas will e retained and the conception of whatereby they will not be subject to birth d death, it will be the ultimate Nirvana. thousand forms of bliss will flock to it
uly holy, all the living beings do not the mind, and do not cultivate righteous is mindfulness, there emerges hatred nd affection, the mind-vessel is cracked to, and leakage of the mind, one underis birth and death, all the sufferings are
WS :
nature is buried in knowledge and views. he is sunk to the depth of birth and death,
t.
ue mindfulness, false thoughts will not t-belongs-to-me will disappear. Thus tate as the Buddhas.
is of the Dharma-nature (of the Buddhas bewilderment and enlightenment should y do only the Buddhas attain enlighten
in a state of illusion and confusion :
going passages may be classified into the e reached or comprehended by people Knowing the mind, one is enlightened, l, and there will be union when the er. These are the things which cannot transcendental truth, indeed, is in one's inalakirfi- Sūtra SayS :
nt nature, nor anything from outside. to being, so now it has no Cessation.
wo extremes of attachment and detach
wisdom of non-discrimination. If one
52

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A BUDDHIST DISCOURSE ON ME
understands this meaning, and always
pure mind while walking, standing, si will not arise, the conception of whatone will naturally attain mukti or liberat gestions and get answers thereby, the te) manifold. However, if one is desirou Dharma, the retaining of the mind sho is the foundation of Nirvana, the main the twelve divisions of Sifras, and the a
periods.
7 Question : How do we knov of Nirvana :
Answer : The term 'Nirvana in state of peace, Cessation, non-activity a self is true, false ideas will come to an righteous mindfulness will take its positic ness, wisdom of silent comprehension born, one understands thoroughly the II understanding, one attains Nirvana. mindfulness is the foundation of Nirvan
8 Question: How do we know the Path :
Answer : (Among the various me the Buddha with one's finger nail, or pe rous as the sands of the Ganges, it is mer for teaching the ignorant people to prep receive) the reward of Karma, as wellast If those persons wish to attain Buddhahoc true mindfulness which is not subject t and endless Buddhas in the three periods to show that, any one who had attained true mindfulness. It is, therefore, said i.
"Everything will be done, if Thus we know that true mindfulness is
[9] Question : How do we kr principal of the twelve divisions of Sitra
53

DITATION FROM TUN-HUANG
concentratedly retains the original tting and lying down, false ideas belongs-to-me will disappear, and ion. If one wishes to raise further rms and their meaning will multiply ls of knowing the essence of the ould come first. This mindfulness
gate to the Path, the principal of ncestor of the Buddhas in the three
v that mindfulness is the foundation
eans the characteristic which is a ind bliss. Since the mind of one's and; when false ideas are no more, n; when there is righteous mindfulwill emerge; when that wisdom is Dharma-nature, and because of that Therefore, one should know that
a.
that mindfulness is the main gate to
ans), either one draws the image of rforms meritorious deeds as nume'ely the convenience of the Buddha are for future excellent ground, (to o prepare them to meet the Buddha. dearly, they should understand this o cause. There are innumerable , there is not, even a single instance Buddhahood could do away with in the Sitra : the mind is concentrated.' the main gate to the Path.
low that true mindfulness is the
S :

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Answer . In all the Sitras, and merits, causations and fruition rivers, plants and the universe a supernatural powers. These dive purpose only, viz., to teach the ig and desires, and wish to perform on account of this, that the Blesse accordance with their mental Buddha-nature in living beings is being covered by clouds, one sho so that the Sun of wisdom will a are swept away. It is unnecessa knowledge for knowing the doc because all these belong to the sul polishing of a mirror,8 when the self-nature (swabhava). It will be something with the ignorant mi) sciously retain right mindfulness, subject to cause, then, this is tru it means that ultimately there is n. self and Nirvāņa are both void. TI there is nothing to learn. But I Sciously retain true mindfulness, s the conception of what-belongs-t in the Nirvana-Sitra :
“The one who, knowŚ til a man of accomplished learni
Therefore, we know that true m divisions of Sitras.
[10] Question : How do w of the Buddhas of the three period
Answer: The Buddhas of th ness, but false thought is not born what-belongs-to-me is discarded, First of all, one retains true mindful Therefore, we know that mindful the three periods.
8. This refers to the mirrors made of

DF CEYLON REVIEW
the Tathagata speaks extensively on sins s, or cites unlimited similes of mountains, nd so forth, or manifests innumerable arse transformations are meant for one norant beings who have many cravings innumerable meritorious deeds. It is 'd One leads them to permanent bliss in conditions. Having realized that the originally pure, and similar to the Sun uld consciously retain true mindfulness, ppear when the clouds of false thoughts ry that one should try to acquire more strines and affairs of the three periods, fering of birth and death. It is like the dust is wiped off, naturally one sees the absolutely useless, even if one has learnt nd now. If however, one could conand learn it with the mind which is not 5 learning. When we say “true learning othing to be learnt. Why a because the There is neither one nor both. Therefore Dharmata is not void, one should conO that false thoughts will not arise, and o-me will disappear. Thus, it is stated
hat the Buddha does not preach, is called Ing.”
indfulness is the principal of the twelve
know that mindfulness is the forefather ls :
e three periods are born from consciousfrom consciousness. When the idea of one recognizes the mind in consciousness. liness, and later one will become a Buddha. liness is the forefather of the Buddhas of
metal in ancient, China.
54

Page 57
ܝܢ
s
ཕྱིར་
A BUDDHIST DISCOURSE ON ME
If we wish to explain extensively answers, indeed, there will be no end t recognize your original mind, and the if you have read hundreds and thousa
othing better than true mindfulness.
a quotation from the Saddharma-pundari
“I have shown you vehicles, medicines and so forth, but you do tend to be poor and suffering, how
When this is realized, false thought wi
what-belongs-to-me will disappear; the perfect and will not depend on any e. return to the suffering of birth and deat
Under all circumstances and at e
well-controlled. One should not exp
which may sow the seed of suffering in oneself, as well as others, but it will not birth and death. One should strive ha now, but it prepares the ground for t (the lives) of the three periods uselessly, The Sütra Says:
"Living constantly in hell, he in the parks and palaces, and rema suffering, he likes them as if they a
It is rather strange that we ordinar not aware of the terrifying state of aff idea of running away from it.
If one is a beginner in the practic the instruction given in the Sukhavativy
"Let him sit uprightly closing distance from the front, as well a visualizes a Sun. That image must himself to rest even for a moment. This will enable the practitioner to h; any sound. He should not allow the all of a sudden, as this will cause illness
55

DITATION FROM TUN-HUANG
the four foregoing questions and D it. I simply wish that you should refore, be diligent about it. Even inds of Sitras and Sastras, there is This, however, needs effort. I cite ka-Sitra as follows:
treasures, bright jewels, wondrous not take and use them. You precould anybody help you ?
ill not arise, and the conception of n, all merits will naturally become xternal seeking; (if it does,) it will
very moment, the mind should be erience the pleasure of the present, the future. Thus one may swindle lead any one to the liberation from rd. It may not be of much benefit the future. One should not spend and allow one's effort to go waste.
behaves as if he is strolling leisurely lining in the other inferior states of re his home.'
y beings, having seen it clearly, are airs. We do not have the faintest
ze of meditation, he should follow riiha-Sifra:
the eyes and mouth. At a certain s at the same level of his chest, he be retained and he should not allow
9 9
armonize the breathing and silence breathing to become heavy or fine
to him.

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If one practises meditation in ti reflections, or enter the sanidhis of so forth, or see illuminations issui or see the image of the Tathāgata, tions; one should know what is pr attachment to them. All these a thoughts. Thus, it is said in the S
* Countries in the ten qua Further it says:
“The three worlds are ul tions of the mind.'
If one is unable to gain sanddl projections, he should not be su retain true mindfulness while wal When one realizes this, false ideas v belongs-to-me will disappear. T are nothing beyond one's own 1 explain it in many similes, is that a from the other. Therefore, the w In fact, the 84,000 ways of the do three yanas and the principal pract the foundation of one's own mind mind, and train it at all times, he constant offerings to the Buddhas o the sands of the Ganges, and the ty the Wheel of the Dharma turn at
If one understand the source o the mind will be inexhaustible; ht become perfect in practices. He he will experience no further birth not arise, the conception of what-b frame will be given up and one is which is beyond our comprehensi
There is no speech greater a rare to be heard. Among those a crowd like the sands of the Gang practised it and reached the final go

)FR CEYLON REVIEW
he night, one may see good or bad mental blue, yellow, red and white colour and ng from, and entering one's own body, or there are manifestations of transformaoper, control the mind and not haye-ayy re void, and they appear through false
litra:
rters are like the empty sky."
real and illusive; they are merely crea
li, and does not see the objective mental rprised, but should always consciously king, standing, sitting and lying down. vill not arise, and the conception of whathe dharmas amounting to ten thousand, mind. The reason for the Buddhas to mong the living beings, each is different rays for teaching them are not the same. Ctrine, the positions and substance of the ices of the 72 sages are nothing beyond
If one is able to comprehend his own
t is, in each conscious moment, making if the ten quarters who are as numerous as velve divisions of the Sitras. He makes : Very n) Olment.
f the mind, then the meaning concerning a will be endowed with everything and has done all that ought to be done, and 1. When this is realized, false ideas will elongs-to-me will disappear, this physical sure to attain the state of birthlessness on. One should strive hard.
ind more important than this, which is who have heard it, there is only one, in ges, who will put it into practice; having al, there is hardly any one in one hundred
56

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5 ܧ ܐ
A BUDDHIST DISCOURSE ON MEH
million years. (Therefore), one should
sense organs well, look sharp at the fo
stantly function and pure, and not allow
or neutral.
儿 11 Question: What do you me.
neutral mind :
Answer: Owing to external con practising concentration is temporarily true mind is fettered. When the mindi tioner always consciously keeps a watch obtained perfect purity and independe the mind. This is called unrecorded ( mind with a discharge (asrava) which w great disease of birth and death. (This is who know nothing at all concerning sink into the suffering ocean of birth a they will be able to emerge from it. It The Sūtra says:
“If the living beings are not sin
- from within, even if they come acro
Ganges in the three periods (of exis be done for them.'
And another Sūtra Says:
“The living beings who know themselves; the Buddhas Cannot giv
In the past, there were as numerous in spite of that, why have we not yet at because there is no sincere aspiration f submerged in the sea of suffering. One
It is rather late to repent the past er in the present life we happen to listen to We should understand them quickly an the only way. Those who are unwilling heart, from which immense and unfette
57

DITATION FROM TUN-HUANG
be perfectly tranquil, control the untain of the mind, make it conit to remain unrecorded (Wu-chi)
an by the unrecorded (VVal-chi) or
ditions the gross mind of those coming to rest, but internally the s not in a tranquil state, the practiover it; that means he has not yet ntly comprehend the fountain of Wu-chi) or neutral. It is also the ill not be able to escape from the bad enough), not to speak of those mindfulness. These people will und death. No One knows when is a pity. One should strive hard.
cere, and have not made aspiration ss the Buddhas like the sands of the
tence), there is nothing that could
the mind will gain Salvation by c salvation to them.'
Buddhas as the sands of the Ganges: tained Buddhahood : It is simply from within, and thereby we are
should strive hard.
rors of which we are aware. Now speeches of a distinctive character. ld comprehend that mindfulness is g to seek Buddhahood with sincere red bliss would be enjoyed, begin

Page 60
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seriously to search for fame anc They will, in future, fall into hells What can we do for them 2 One
It would be of great service to rags, take coarse food, be conscio these are the best ways to conser enlightened folk who, do not knc mind, have undergone great har meritorious deeds, with the hope sorrows of birth and death.
“Clearly not to lose sigh beings gain salvation," is the Bodhisattva of Great Might means that mindfulness is the best unwilling to bear the pains of the sufferings often thousand kalpas.
With regard to “Not to be bl indeed a rare 9 mountain of treas characteristic of fruition, (it may various conditions one is able to 1 sands of the Ganges, while one gives medicines to the sick accor arise in him and the conception o one can do that, he is really a pers the Tathagata will freely and end sincerely glad that you have no conception of what-belongs-to-m
[12] Question: What do y belongs-to-me a
Answer: It is the Conceptio. other, one thinks: I am able to Sütra SayS:
“It is like the space whi ever, the space itself will not
9. “ Shu-shih (see Appendix) mea) * Rare is a suitable rendering here.

DF CEYLON REVIEW
| riches by following Worldly practices.
to undergo various pains and sufferings. s should strive hard.
the world, if one is able to Wear tatte Ved . ܢ ܢܝ usly mindful and pretend to be insane : ve one's energy and strength. The unow seeking the reason from the ignorant dship by performing extensively visible of gaining Inukti. But they return to the
it of righteous thought, and let the living
speaking to you in clear language which
I wish to hear from you that you are
' present life, but desirous of undergoing
What have you to say :
own off by the eight kinds of wind", it is iure. If one is desirous of knowing the be tested in this manner that.) while in multiply the functions as numerous as the exhibits great eloquence, and while one ding to the disease, no false thought will if what-belongs-to-me will disappear. If on who has gone beyond the world, and lessly bless him. I say this, because I am false thought, and have discarded the
C
zou mean by the conception of what
in that when one is a little better than the be in such a position. The Parinirvana
ch can accommodate everything. How
99
say: 'I am able to do this.
ns * Distinguished or different times . I think
58

Page 61
A BUDDHIST DISCOURSE ON MEI
This means that the conception of will lead to the Vajra-samadhi. These t same time.
is 43 Question: The sincere practi cessation (nirvana). But the world is i. the transcendental truth; its goodness is one has not yet manifested. Whenever reasoning, there arises the thinking cons charge (asrava) or imperfection; whene towards dwelling on nothing, there pr which are devoid of reason. However to the right path and to reasoning, the In that case, one may possess a human At this stage, if one has not got samadhia see clearly the Buddha-nature, and it w only. How could one proceed to the you to show the true destination.
Answer: When faith is complete shed, you slowly quieten your mind, ther your mind and body well, so that they yourself sit in an upright position and all and well-controlled; the mind is neither in between; see it nicely and steadily, t sciousness. It is like the flowing of wate even for a moment. Having noticed th nor external, you look at it leisurely, melt away, settle down and become mot consciousness will suddenly disappear. T ness means the destruction of obstacle stages (dasabhimi), or, when the charac forth has gone, one's mind will become and Serene. I Cannot describe its Co1 desirous of knowing it, I refer you to the parinirvana-Sitra, and the chapter on pa of the Vimalakirti-Sitra. Think carefull
If any one retains mindfulness eithe and lying down, or when he is face to fa winds, this person has achieved the bre
59

DITATION FROM TUN-HUANG
what-belongs-to-nne is gone and it wo conditions will function at the
ioners seek the true and permanent mpermanent and not delighted in gross, as the permanent and subtle one is about to aspire and take to ciousness, that is the mind of disver one tries to guide the mind evails the ignorance and darkness , if one does not guide the mind
body, but behave like an animal. ind wisdom, he will not be able to fill be the drowning spot for him Anupadhisesa-Nirvana 2 I request
and the sincere vow is accompliI shall instruct you further: Pacify will not have any attachment; let low your breathing to become fine within, nor without, and it is not hen you See the mobility of conr and the mirage which do not stay hat consciousness is neither internal teadily and firmly. Then it will ionless. That being so, the mobile he disappearance of this consciousis for the Bodhisattvas in the ten teristic of the consciousness and so perfectly tranquil, detached, bright ditions any further. If you are chapter on Vajrakaya of the Mahaying a visit to Aksobhya Buddha y that these words are true.
r while walking, standing, sitting ce with the five desires, or the eight hnacarya and completed what he

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UNIVERSITY
ought to perform. He will ulti which is subject to birth and deat smell, taste and sensation, and the eulogy; praise, ridicule; sorrow a ground of the Buddha-nature fo surprised that the present life is inc
“If there is no Buddha s the ten stages will not be able
Regarding the getting rid of living beings in the past had sha could not be equalized. Those be seconds, and those of the lower g one has the ability, one should, acc their good qualities of Bodhi (intel self as well as to others.
To adore the Path of the B necessaries, so that one may know sticks to the letter, he will miss th
With regard to the Bhiksus
religious practices, this home-renc and death. This is called leaving
Those who are endowed with the religious practices, will retain passing away, even if the joints an These are the disciples of the Bud
“The foregoing discours its meaning from the letter. If ally One speaks in this manner clearly understand and realize it. teaching, he should make a confe understands properly the Holy living beings, with the hope that t at once attain Buddhahood.

OF CEYLON REVIEW
mately receive no further physical frame h. The five desires are: Form, sound, eight winds are: Gain, loss; defamation, ind joy. This is the training and testing
r the practitioners. One should got be
xt free. The Sūtra Says:
taying in the world, the Bodhisattvas of to obtain the benefit of what they are."
this rewarded body due to Karma, the rp and dull intellectual qualities which along to the higher grade, it is a matter of rade, it may take innumerable kalpas. If Jording to the nature of the beings, arouse ligence). This will bring benefit to one's
uddha, one should understand the four fully the characteristics of reality. If one e true spirit.
who renounced the home and took to buncing means leaving the home of birth the home.
right mindfulness, and have accomplished that mindfulness at the time of the final d limbs of their bodies are cut into pieces.
dha.
a speaks merely about the mind; it derives
which shows that he does not really and
In case one misunderstands the holy ission and discard it. If, however, one Path, he should divert that merit to hey will understand their own minds and
6()

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A BUDDHIST DISCOURSE ON MEID
Any one who has heard this should attains Buddhahood in future, he should b for my disciples.
Question: From the beginning the theme that one's mind is the Path. practice and fruition :
Answer: This treatise chiefly shov However, full attention of this discourse unenlightened to liberation. First of all death, then, he will be able to provid it speaks of self-benefit, and not that of included in the division of practice. If this text, he will become a Buddha right I shall swear by Heaven and Earth that I If any one does not believe my words, h wolves in every birth
61.

(TATION FROM TUN-HUANG
strive hard for the Goal. If one be in the lead to secure deliverance
to the end, this treatise dwells on In what ways does it include the
vs the characteristic of Ekayana. ! is directed towards guiding the one should get rid of birth and 2 deliverance to others. Finally others. This may, roughly, be any one practises it according to away. If I am telling you a lie, may fall into the Eighteen Hells. le will be eaten by the tigers and
W. PACHOW

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6.
UNIVERSITY O
AP.
Important Chinese anies an
Hui Nêng
... Hung Jen.
Pu-shou-shu-hsi
Pu-so-shu-shiu
Shu-shih
Shou-hsin
Wu-chi

2 CEYLON REVIEW
PENDIX רא - זר 鲨_
ܢܠ
i terms appearing in this article:
ھكةw
束
繫
殊
時
6 ܐܢܐ ܊
言
t
*
62

Page 65
The Nainativu Tam
Parakrama
HE earliest Tamil inscription so f is that of Parakramabahu I, fro1. (known to the Sinhalese in mod also the only known Tamil inscription The epigraph is found at the entrance to Temple. Some forty years back an eyethe late Mudaliyar Rasanayagam, who pi his book on Ancient Jaffna. Subsequent made an estampage of it, and it is from is listed as No. 311 (Photograph No.) of department.
The text edited here is not a comple
of the slab has been broken off and built i
The inscription is incised on both sides of
of the temple labourers has resulted in th of the record, which is inscribed on the C side has been completely obliterated by th on it. It is too much mutilated to be de faction. Luckily the portion of the insc of the edict and the name of the ruler wh wanton mutilation. This is because it ha Thus, we are in a position to get a reaso the epigraph as a whole. The text of ou
1. p. 20S.
2. The estampage was prepared by Mr. T. K. vision of Dr. S. Paranavitana. I am thankful to E me to use the estampage.
3. I am indebted to the Archaeological Corn photograph here.
Rasanayagam, C. Ancient Jaffna, Evel
4. Only a few words such as adhipati and much difficulty.
63

il Inscription of bahu II
ur discovered in the Jaffna district the sacred island of Nainativu brn times as Nagadipa). This is of this great Sinhalese monarch. the famous Nakaptisani-Amman copy of this record was made by ublished the text as a foot-note in ly the Archaeological Department this that I edit this record which the epigraphical collection of the
te one. Unfortunately a portion into the wall of the Hindu temple. the slab, but again the ignorance e total mutilation of the first part bverse side. The writing on this le sharpening of metal implements ciphered with any degree of satistription which records the purpose O issued it has been free from such is been incised on the reverse side. nably clear idea of the contents of ir inscription, without the portion
yman's Publishers Ltd., Madras, 1926.
. Jayasundara in 1949, under the superrofessor K. Kanapathi Pillai for allowing
missioner for permission to reproduce the
90rāle" (, could be deciphered without

Page 66
UNIVERSITY C
on the obverse side and the last f twenty-three lines. But there ar O Ulf tCXt.
As mentioned earlier, a transc record and an English translation w Rasanayagan's Ancient Jaffna. Th only incomplete but contains man which admit of improvement.6 A familiar with the Grantha script, an Sanskrit words engraved in that the Skt. Word sneha in l. 9 has m: which have altered the meaning of candraditya in l. 19, and the who Parakrainabhujo have been omitted
The script of this record is Tal two lines, however, are entirely epigraph on the obverse side also ap on the whole, resemble those of records belonging to about the ts the main portion of the edict is mc in Sanskrit. There are a few Skt.
The Orthography exhibits the Tamil of the later Cola period. the standard Tamil has been render The Skt. word vya vasthā is rendere
5, The inscribed surface of the stone at the bottom and 1 ft. 7 in, at the top.
6. The errors are as follows: (I) putt for pala in , 6. (2) van tāl ittura i for vantu, nantur (3) cantikka for kita in , 8. (4) пайl:йy for ndim, in I. 9. (5) ofит ратtära cёvaikkи for тёl (6) cema pãlkan for cem pãkan in (7) vya wasta i for va vastai in lll. I { (8) celytu kofutti for ceytun kututt (9) parãkkara na pijõ for parākira

F CEYLON REVIEW
ew lines on the reverse side, comprises e a few lacunae in the first two lines of
ript of the decipherable portion of this vere included as foot-notes in Mudaliyar e text, as read by the Mudaliyar, is not y errors too. There are several points Apparently the Mudaliyar was not quite ld this has led to faulty renderings of the
script. The difficulty in deciphering ade him introduce certain new words the whole sentence. Again, the word le of the Skt. portion appearing after in his text.
mil interspersed with Grantha. The last in Grantha. The main portion of the pears to be in Grantha. These characters the South Indian and Ceylonese Tamil welfth century A.D. The language of 'diaeval Tamil, but the last two lines are words in the Tamil portion too. -
: usual peculiaritics of the inscriptional
In ll. 4 and 8 Go GijóTG, Li (ventum) of cd in the colloquial as Galgo), Li (venun). 'd here as vavastai. This is a peculiarity
slab measures 3 ft. i. 1 in. at the sides, 2 ft. 4 in.
it in II. 6.7.
spēlam, utātalāl in ll, 9-10. ll. 16 & j 7.
) & 21,
u irra li, 2 l.
na bhujo in 1. 22.
64
ܠܹ

Page 67
ཞི་
ܐܠܦܪ
THE NANATIVU TAMIL INSCRIPTI
which is due to Sinhalese influence. It normally as piyavastai (S.I.I., Vol. I, p. 65 it is written as vivastai (Madras Lexicon, to occur as wavastai. In the Sinhalese re Vol. I. p. 33). The Tamil pavastai ( derived from this Sinhalese form.
No regnal year or date is found in th But at the end of the record, in ll. 22 and edict (wavastai) was issued by Deva Par Sirinhala . . . .' The name Parakramab Sinhalese Parakramabahu and may ref with this name. It is necessary to exan in this document as well as outside to named Parakramabahu is the one who is phical grounds this record may be assign century. Therefore, the Parakramabah the first or the second of that name, sin later. Since the interval between the re seventy-two years-a very short period depending solely on the development of Settle the question on purely palaeograp) further aggravated by the fact that no of these monarchs has been discovered Si of the scripts impossible.
The late Mudaliyar Rasanayagam, w that "the edict appears to have been pror who is taken to be Parakrama Bahu the C Bahu I is called Srinnat Parakrama Bhu (Muller’s AIC, No. 142).”7 This was a identification of Parakrama Bhuja of o Such a method of identification is high synonymous with Bahu and, therefore, c named Parakramabahu.7 Hence, we reasons for the identification of this mon:
. Rasanayagam, op.cit. p. 209.
7a. The inscription referred to by the Mudal of Parākramabāhu I. It is a record of King Nissan bāhu I by Muller. (This was pointed out by Pro
65

ON OF PARAKRAMABAHU
South Indian records it appears . Sometimes the ya is dropped and VI, p. 36). But it is not known cords it appears as vavastha (E.Z. four record seems to have been
le preserved portion of the record. 23, occurs the statement that this akramabhuja, the emperor of all huja is the Skt. equivalent of the 2r to any of the Sinhalese rulers line such evidence as we can find decide which of the many kings sued this edict. On palaeograled to the twelfth or the thirteenth u of our inscription must be either ce all the others ruled very much igns of the two monarchs is only within which to decide a date by the script—it is rather difficult to hical grounds. The difficulty is other Tamil inscription of either o far, thus rendering a comparison
hen quoting this record, remarked nullgated by one Parakrama Bhuja Great, and added that "Parakranna ja in the Pandawewa inscription pparently stated in support of the ur record with Parākramabāhu I. hly unsatisfactory since Bhuja is puld refer to any one of the rulers have to look for other tenable arch.
yar does not actually belong to the reign ka, Malla, Wrongly as(eribed to Paräkrama - essor Paramavitana).

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UNIVERSITY (
It is only with the help of the tents that one could settle this record contains certain trade regu of Ūrātturai i.e. present-day Kayt by any subordinate official but by was in Supreme control of the nortl bāhu II cannot lay claim to such at period of his rule was one during hands of Magha, the invader fron was at war. The Citlavafisa speci was one of the places where the Jayabahu were posted. 8 Altho vanquished in the reign of Parak soon after the Occupation of Po have exercised his authority in til position to issue at any point in his
On the other hand, Parakra whole island. There is contempo Uratturai was an important naval Tiruvālańkāțul Inscription, 10 a Col that Parakramabahu I was buildin; and other places in order to mak of the rulers who bore the nan that name who was actually in c in a position to issue an edict t lations. Further, Parakrannabah
S. Otila sansa. ed. Wilhelm Geiger, L 9. Calawan sa, Ch. S9: v. 7 I : History Colombo, 1960, pp. 628-629.
10, Epigraphia Indica, Vol. XXIII, p
1. Professor Paranavitana informas in Parākramabahu in some of his inscriptic one of Nissafika Malla, although he him to Parakramabahu I. This light thrown the identification of the ruler who issued help us in any vVay, since Nissar”hka, Malla The fact that the name Parakrana has section of the record (see supra note 3a. Nissai`hlka, MIalla aʼe> t O boe unnet With in t Pairālkrannabāhu II. But this is not con G to prove that this edict was issued by N to Parakramabahu, whose name finds literary and epigraphic evidence shows northern part of Ceylon, especially with

DF CEYLON REVIEW
pro Venance of this epigraph and its conroblem. The decipherable part of the lations concerning wreckages of the port is. The fact that this edict was issued not the king himselfshows that the imQna Tch hermost regions of the island. Parakramauthority over the northern regions. The which the whole of Rajarata was in the 1 Kalinga, with whom Parakramabahu II fically mentions that Uratota (Uratturai) garrisons of Magha and his sub-king agh Magha's forces were ultimately Iramabāhu II himself, the innonarch died lonnaruva.9 Therefore, he could not he northernmost regions and been in a
reign an edict at Uratturai.
nabahu I was in Supreme control of the rary and reliable evidence to prove that and commercial centre in his time. The a record dated in 1178 A.D., informs us g ships and assembling troops at Uratturai a fresh invasion of South India. This, te of Parākramabāhu, it was the first of Dntrol of Uratturai, and, therefore, was here setting out certain custons reguu I is well-known for his organisation
.OndOn, I {}25, l927, Cly. S3: V. I 7. | of Ceylon, Vol. I. Pt. I, Ceylon University Pres,
D, 86-92, Ed. Venkatasubba Aiyar, V. he that King Nissanka Malla, too, called himself ins, and that, therefore, this record can well be self feels that this record very probably belongs by the professor poses a serious proble in regarding this edict, The provenance of the record will not was also in supreme control of the whole island. been mentioned twice again in the unpublished ) and the fact that none of the usual birtdals of his record may suggest that this was issued by lusive. In the absence of any definite evidence issanhka Malla, We may tentatively attribute this mention several times in the record. Further, that Parakramabahu had more to do with the Ürātturai, than Nissa ňka Malla.
66
ܐܝ\
t

Page 69
۔
THE NAINATIVU TAMIL INSCRIPT
of state trading with foreign countries. 12 as a result of this organisation. Hence, I could only have been Parākramabāhu II phraseology as Deva Ripurāja Vaiša Dāvā, The record would, therefore, have bee of the twelfth century A.D.
The contents of this inscription give regulations that were obtaining in the edict, apart from proclaiming that foreign contains two regulations regarding wreck which had brought elephants and horse fourth share of their cargo to the treasur merchandise had to pay a half share to importing horses from pre-Christian tin is rather interesting. We know from exporting elephants for a long time and much prized for its intelligence and do century Ceylon was importing elephants the reasons for Parakramabahu's invasio King Alaungsitthu to control the elephan C.W. Nicholas was of the opinion that into Ceylon from Burma would a animals since “the Ceylon race has the lo the Asiatic elephants”. 15 The tusked ani as well as military purposes.
The geographical name Ūrātturai oc few earliest recorded place-names of the Tamilised. Hence its importance to til The place-names of the Jaffna peninsula ha in them, thereby preserving memories ( of that area. 16 Hence they constitute a
12. C'zila avanqnsa, Ch. 69: vv. 27 ff; U.C. H.C.
13. Mahavamsa, Ch. 21: v. 10. Horses were it from the Middle East at this tilne and Sonne of t Parakramabahu is said to have devoted special at and elephants. Horses and elephants were used i kramabähu. (O'iila. 70: v. 229).
l4. C. W. Nicholas & S. Parana vitana, A. C'or 225.
15. Ibid. p. 225.
16. Fr. S. Gnanaprakasar, A Critical Histor, pp. 29-36: Ceylon Antiquary and Literary Registe
67

ON OF PARAKRAMA BAHU I
This edici must have been issued Parakramabhuja of our inscription . He is referred to here in poetic "ala(s) Sakala Siluhala Cakrava (rtti). n inscribed during the latter half
an insight into the type of customs tinne of Parākramabāhu II. This l traders should be given protection, Ked merchandise. Wrecked Vessels s for the king had to surrender a y. But those laden with ordinary the treasury. Ceylon had been es,13 but the import of clephants
other sources that Ceylon was that “the Ceylonese elephant was cility'. 14 But during the twelfth from Burma, and, in fact, one of of Rananna was the attempt of t trade with Ceylon. The late Mr. the only object in importing eleppear to have been to secure tusked west proportion of tuskers among mals were needed for Ceremonial
curring in the record is one of the affin a peninsula, after they became he study of local nomenclature. ave a very strong Sinhalese clement of an earlier Sinhalese occupation useful body of evidence for the Vol. I, Pt. 2 pp. 549.550. nported in large numbers to South India. tem were shipped to Ceylon from the re.
tention to training youths to ride horses in the civil wars during the time of Para
cise History of Ceylon, Colombo, 1961, p.
í of Jafna (Tamil), Achehuvely, 1928, , Vol. II, Pt. 2, pp. 54-58; 167-74.

Page 70
UNIVERSITY O
study of the early Tamil settleme records of the early forms of the thus, che establishment of the Sound difficult. Uraturai is one of the which could be established with a literary references to this place a valiya 17 and thc Citi lavatiisa. 18 In Pa Sinhalese form was Hiiratota or Ur in this area it became Tamilised.19 Sinhalese name was retained, the S a Tamil synonym. Thus, it becai in this hybrid form in the inscripti This form has come down to m parlance. But Scholars have disto look in its written form. This Ur-kāvai-rurai.22 The Hollanders g is still known in English.
1. . . . . . . . . nāli kaļ 2. . e .. . . ūrāturai 3. (yis) paratēcikal vantu
4. irukka vēņu neņrun
| 6a. Pājāvalija, ed. A. V. Sura weera, 17. Rajäivaliga, ed. B. Gunasekara, 2r ls. Cūļa vasa, 83: v. 17. Ūrātota is 19. The Tamil element in this Sinha show the extent of Tamilisation in the N of the Sinhalese element in the place-non a Sinhalese population survived after the percentage of Sinhalese names and the are circumstances that point to a long su intercourse between the Sinhalese and the 20. The phenomena of sound-substitu occurrence among the place-names of Jafi
21. Supra, note 10. 22. cf. Ilattu Vālvum, Valan, un, Kana attempt has been made here to establish order. It purports to be in conformity w known historical facts. It is a cardinal logical explanation of a place-name can graphical or historical facts. Further, th name in support of his contention. It is name etymology is that there must be earl Ref. An Introduction to the Survey of E. Stenton, University Press, Cambridge, 19 Place Names-Ekwall, E. (Oxford, 1940).

F CEYLON REVIEW
ints in Jaffna. Unfortunately, very few place-names have come down to us and, pedigree of most place-names is rendered few place-names the sound-pedigree of fair amount of satisfaction. The earliest re found in the Pitjavaliya, 10 the Rājāli it was known as Siikaratittha while the a tota. With the settlement of the Tamils
In Tamil while the first element of the econd element came to be replaced by ne Ūrāturai (turai = tota).20 It appears on of Rajadhiraja II2) and in our record. odern times and is still used in popular rted its form and given it a pure Tamil is how it has come to be written as ave it a Dutch name, Kayts, by which it
TEXT
Colombo, 1961, p. 116. 1d Edn., Colombo, 1955, pp. 16. 42, 44. also referred to in the Nikaya-Sangraha. (v. 23). lese place-name and the language of the record orth during the twelfth century. The retention enclature helps to establish the extent to which Tamil conquests and settlements. A considerable occurrence of Sinhalese-Tamil compound names rvival of a Sinhalese population and an intimate | Tamils. tion and word-substitution are both of frequent Ilä,
pathi Pillai, K. pp. 100-101 (Madras, 1962). An the sound-pedigree of the name in the reverse rith strict phonological law but it fails to fit the principle of place-name studies that no phonobe admitted which does not fit the known topohe author has not shown any early forms of the hould be noted that the first principle of placey name forms on which to found the explanation. 'nglish Place-Names-ed. A. Mawer and F. M. 29, Pt. I, p. 6; The Concise Dictionary of English pp. vii & viii.
68

Page 71
University of Ceylon Review, Vol. XXI, No. 1, Api
Nainativu Inscription of
 

pil 1963 PLATE I
f Parākramabāhu I

Page 72

പ

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جھے
THE NAINATIVU TAMIL INSCRIPT
5. avarkaļ raksaippata 6. véñumenrum pala tu7. raikalil paratēcikal vantu n 8. raiyi(II)ē kūța vēņumenru 1r - 9. (m) nām āņai ku tirai mēl S. 10. (mu)ņțātalāl namakku ānai 11. kotu vanta marakkalan ket 12. ņtākilnālatonru paņtā 13. (ra) ttukuk koņțu imūnru k 14. (u)taiyavanukku vitak kata 15. (m) vaniya marakkalah2 l 16. tãkil cem pãkam o pantãra 17. (ku)k kontu cem pakam ut. 18. (va) nukku vitak katavataka 19. (va) vastai25 candrādityaru(l) 20. lliluñ cempilum eluttu ve 21. (t)ti vittu:27 iv Vavastai ccytu 22. tutu deva(b) parākramabhu 23. (mša)27" dāvānalas)28 sakala 24. (rtti) ... ... ... ... .... 29 23. Sneham. Skt. friendship or love'. T The use of this word in any other sense is not k) Wre liked by the king for their value,
3a. A distinction is made in this record bet elephants to the king and those that were laden have been state vessels, since the record refers to C chartered vessels were used to import the horses reason why only a quarter of the cargo of these these got wrecked, whereas the other merchant merchandise.
24. Cempãkam-Tam. Cem-Skt. Bhãga. (cf. is a rather rare word, But its equivalent cenpd half") is met with in South Indian inscriptions, e. II. S. I. I. Vol. I, p. 80.
25. Vavastai–Skt. vyavasthå through the Sir 26. Candradityar nullatanaisuum-Lit... “ “as lon a very common phrase in South Indian as well as pp. 66 & 3l I.
27. Kalliluiñ-cempillum eluttau velţiu vittau-Amo" Indian and Ceylonese records. Apparently a col in the Treasury.
27a. Vamsa-This word is not very clear. forest, but it is very probably vansa.
28. F?ipnurdija Vanq28a Dôivôinala—A birʼnuda of 1 enemies (rupu varanan)' in E.Z. Vol. I, p. 25. γιρμγάλα (γορί (Ε.Ι. XIX, p. 284), η ίριμ 8αγρα μαγιι (ibid. p. 94), ripu kula kāla (ibid. p. l04).
Dān'āmala, is a term met with in Sinh. literatu 29. The Sanskrit portion of the record is in v.
69

ION OF PARAKRAMA BAHU I
1) till
cha23 kutiarai atu
irum
vatakavu etta tull
tuk
aiya
Vu11hh 1V ļataņaiyuin 26 ka
Lń ku jo ripuraja va
simhala cakrava
he word is used here in a peculiar way. Town. Perhaps the horses and elephants
ween the vessels that brought horses and with merchandise. The former could not owners of these vessels. Perhaps specially
for the state. This might have been the vessels were seized by the Treasury when vessels had to surrender One half of their
Skt. Samabhåga)–an exact half. This ti (translated by E. Hultzsch as “better g. Manimangalam Inscription of Rajaraja
h. Vinasthat became navastai. g as the Moon and Sun exist. This is Ceylonese records, e.g. Ep. Zey. Vol. III,
her phrase of frequent reference in South y of the edict in a copper plate was kept
It could also be read as 'anya, meaning
he ruler. cf. ''Destroyer of elephant-like Indian rulers, too, had similar birudas:
a (E. I. XV, p. 26), ripu, bhūpāla kālakāta
'e also, e.g. Dahanasarana, pp. 12 & 244. rse. It is in the Vasantatilaka metre.

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UNIVERSITY C
Tr
1 . . . . . . . . . . . . . . . . WC . . . . . . .
2-4 . . . . . . . . . . . . . . . . that foreig that they should be protected, and come and gather in our port; as w which bring elephants and horse the cargo) should be taken by the be left to the owner; and, if vessels exact half should be taken by the be left to the owner. This regula and moon last. (This regulation well as copper. This regulation rannabhujo (who is like) a wild Co kings, the overlord of all Sinha regulation.
30. There is a play on the word van therefore, the whole phrase may also in who are (like) bamboos.
31. I acknowledge with gratitude read this manuscript and offered very Messrs. S. Rajaratnam, K. Kailasapath regarding this article.

)F CEYLON REVIEW
anslation
hers should conne and stay at Uratturai, that foreigners from many ports she'lld je like elephants and horses, if the vessels unto us get wrecked, a fourth (share of reasury and the (other) three parts should (laden) with merchandise get wrecked an freasury and (the other) exact half should tion shall be (enforced) as long as the sun was) caused to be inscribed on stone as Vas framed and issued (by) Deva Parāinflagration unto the dynasty30 of enemy la . . . . . . . . . . . . framed and issued this
KARTHIGESU INDRAPALASI
nsa. It also has the meaning of bamboos, and, ean 'a wild confiagration unto the enemy-kings
the kindness of Professor S. Paranavitana who valuable comments. My thanks are also due to y and V. Sivasamy for various useful suggestions
7)
ܡܢܝ ܝܠ

Page 75
جھہ
ܓ ܛܓܐ
A Phonemic Statemet
- WoWels |이 y a
the following observation on Sinha
Iì a statement of the segmental phor
“Sinhalese has seven vowel phone occur either short or long; however, fo/ . from English, such as /šoots 'shirts. Th in quality from the short vowels, ex vowels may be considered as doubled. vowels are usually shortened."2
The present paper is a further es phonemic statement cited above involv where the sounds sel, a and aa are C representation ignores some relevant inf namely, the very low frequency of th sends occur. This three-term distinc into account the One Solitary Word par “to do. If this paradigm is removed fr and |aa|| can be handled as one phonem this paper I propose to analyse my date by recognizing the frequency factor as a
The environments in which the th1 are given below.
The following words illustrate som occur in the same environment:
|kə rə) having done |karɔ] “shoulder |kaarƏ] “marriage
1 willian A. Coates and M. W. S. de Silva, July–October, 1960.
2. p. 171.
71.

it of the Sinhalese
and aa |
Lemes in Sinhalesel (1960) we made lese vowels :
mes, i c a ) u o a/. All Seven may occurs long only in words borrowed e long vowels are slightly different Cept /oo/. Phonemically the long
In final position unstressed long
Kamination of this statement. The es the writing of /e/, /a/ and /aa/ bserved in Sinhalese speech. This ormation on these Sinhalese sounds, e environments in which all three ition is necessary only if we take adigm, namely, the verb koronova, om the corpus, the sounds ||ɔ], [a] e occurring single or doubled. In L to substantiate this point of view
relevant aspect in language.
'ee Sounds under observation occur
t instances where these three sounds
The segmental phonemes of Sinhalese, UCR,

Page 76
UNIVERSITY O
kolo done |kalə| time
kaal o “quarter
Of these koro and kolo are form
Other environments in which
(a) In the middle of the word:
CC olaa CV-3 |prosiddha)
|praaramb CCa/aa CCV 3 |praSne
|klaante] CVC o/aaCV- parano
|puraanə] CVCa/aa CCV- ||balannɔ|
[kalaante]
(b) At the end of the word : (i) in disyllabic structures
CVC o/aa4 pala
palaa
CVC ɔ/a kaala |kaala
CVCC o/a |dunnə| [dunna)
(ii) in structures of more than CVCVC. . C o/a [karɔ vɔ lɔ [karɔ væ la
In the structures given in sec. distribution. Therefore they are which may be represented as /a/.
/a/ = ol in CC-C CVC
= a in CC-C
CVC.
3. Both these structures are Sanskritic borr 4. CVC olaa, except where C before of aa i
5. In a few words which are used in very the end even in this structure. e.g. karunaa, . conversation such words, too, are shortened.

F CEYLON REVIEW
ls of the same word.
ܢܥܓܬܐ ܠܣܛܐܝܝ ܓ these sounds occur are as follows: -
任 s
AllOUS
ho initial
“question
. - 9. dizziness “old” “ancient
look dizziness
place p 9 'green leaves “quarter
having eaten “b
Ο W.
"gave
two syllables-s
dried fish
a snake
tion (a), o and a are in complementary statable as allophones of one phoneme In these environments, therefore,
DV -CV ΣOV
CCV
"OWings. is not /h/. This special case is taken up later.
y formal occasions, one may observe an -aa Sound at a sentiment in literary appreciation. But in normal

Page 77
s
A PHONEMIC STATEMENT OF
All the structures given in section |ə) in the final position. This [o], tot of /a/.
Phus, looking at the sections (a) an allophone o in CC-CV and CVC-CV positions. Elsewhere, as has the alloph
In the structures CC-CCV and CV the structures with final -a or -aagi occurs doubled as saas. The allophones
in CCaa CCV structure : [aa in CVCaaCCV structure : aa in CVCaa structure
in CVCaa Structure
|aa
:
in CVCCaa structure :
al
a.
in CVCVC. . Caia structure
a비
This statement may be extended given at the outset, so that karo anc ara/ and /kaara/. /a/ in the word-initi 體 the allophone [a]. /aa/ in the first sy aa || .
Special mention has to be made o In CVhV structures the final V may be has the usual word-final allophone ol. depends on the nature of the vowel prec /h/ is las, final saaf will have the alloph /h/ is not /a/, /aas will have the alloph
Strul CţUlreS.
The complete allophonic statemen follows :
saf has the allophone o in CCaCV the allophone o in the word-final pos
allophone la.
73

THE SINHA LESE VOWELS
(b) have the potentiality of having o, may be treated as an allophone
d (b), /a/ can be stated as having an structures as well as in word final one a.
C-CCV given in section (a) and in ven in section (b), the /a/ phoneme
of /aafare, then,
to the kara, kara, kaaro situation [kaarƏ] may be phonemicised as al syllables of CV- and CVC-type ilable of a word has the allophone
if the environments involving /h/. 2 /a/ or saas. sas in such instances
The allophone of saas, however, ceding /h/. If the vowel preceding hone a. If the vowel preceding one aa as usual with the CVCaa
t of /a/ and saaf will now read as
and CVCaCV structures. It has ition, too. Elsewhere /a/ has the

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UNIVERSITY O
/aas has the allophone a in structures. It has the allophone the word is not of disyllabic struct the allophone a in the envirol
allophone |aa|.
In this analysis the two sol phoneme, occurring single or doubl instance of the (koronova paradi example has to be emphasised. It the language. A generalized pho no mention of its infrequency of O is also important to note that koron verb, in which case the syllable koword. In many dialects of Sinhales The word koronova occurs in th quently. Under such circumstanc phone as /3/ On par With other v( Sound. In phonemicising this pa together with the to sound observe can be handled in one of three way
1. Phonemicise it as /karanavaa / VA
2. Phonemicise it as /kƏranavaa / V specifically setting up of as a Sub-S
3. Write the word concerned as : indicating the compound, as Ivaed: word preceding write it as I-karana
The English words like “shirt nunciation. Soot in the speech o others have a tendency to use lee pronunciation. Soot is taken as the of such Words must be taken into ac number. If a sub-phoneme /o/is sta subphoneme may be regarded as oc

- CEY LON REVIEW
CCaa CCV structures and CVCaaCCV a in the word-final position provided Irc with the first syllable short. Jaaf has ment sah-/. Elsewhere saas has the
- Vo
ܠ .
inds o, a and aa are stated as one 2d. This statement leaves out the solitary im. The fact that this is a solitary does not depict the general nature of neme to represent this instance, with cCurrence, is necessarily misleading. It ovaj grammatically is often an auxiliary Comes in the middle of the compound e this word is pronounced as koronova. e utterance-initial position only infreres it is not proper to set up a major Dwel phonemes in order to handle this rticular sound it should not be taken d elsewhere. The sound in koronava S.
ல்
- ܒܓܠ
ith a special note on ska-/.
vith a sub-phoneme /o/, ystem in the language.
a part of the word that precedes, thus a-karanavaas “to work. If there is no Vaas.
* borrowed into Sinhalese have a prof the English educated people. The instead of ||ɔɔ| as [seet). Even if the standard one, the relative infrequency Scount. Such words are very few in ted to account for koronova, then, that
:curring doubled in instances like Soots.
74

Page 79
A PHONEMIC STATEMENT OF
If this concept of a sub-phoneme is sation of the data under observation wo
Phoneine /a/ has the allophones a sa, the allophones of which area and
There is a sub-phoneme so occurrin phonetic value o. In a few words i phonetic value loo.6
6. It may appear that this statement does not to noonagen) etc. which have an -a sound in the middl juncture and will be dealt with elsewhere.
This phonemicisation of the three sounds concern koronova, is in exact uniformity with the accepted de be clear from the following examples that Sinhalese use where the phoneme sat is postulated, and the consonal is postulated. However, Sinhalese does not use a spec example is left to be known from the context where it tion of the phonemes now postulated as /a/ and Jaafar
a) Cecidado /balan: gece) 'duvar දුවන්න | duvan මහ maha Շ83) |pahal C30G 9 paalar Cao C3) © /aasaav:
75

THE SINHALESE VOWELS
accepted, the Complete phonemiciuld read as follows:
and o. It occurs doubled as
|aa|.
g in a very few forms. It has the t occurs doubled as soof with the
M. W. S. DE SILVA
uch upon the words like Elamoyage, noonato e of the word. This is a problem in Sinhalese
ed as /a/ and saaf everywhere, except in the verb vice in writing the Sinhalese language. It will S the un marked consonant or the vowel Symbol it marked 'o' or the vowel symbol eo where faal ial symbol for to in Ikoronova, and this solitary : occurs. Examples for the Sinhalese representae given below :
vaal lavaas

Page 80
A Note on the ,
Rasa-Bhava
HERE is sufficient reason to poetics and its aesthetic signi of Kai-Silumina-the Sinhal century A.D. The word rasa is v technical sense (cf. visatiiba rasa, listening to a musical instrument lik This rasa is said to have the capacit Furthermore, the Words rasa and terms in Sanskrit aesthetics-are least in one instance, the reference o views on the appreciation of poetry
The second verse of the first st
Sarasaviya bölun
Pedehi rasa-hav
(With as little favour as a sidelong
become poets. Yet, those Who er indeed rare).
What is of significance here is in the second half of the verse. poetry is to be judged in terms C highest benefit that accrues to the rience of its rasas and bhāvas. Rasa it was expected of poetry to depict to experience rasas and bhavas evok found only in the cultured reader.
In this context it is relevant t Lakara-the Sinhalese treatise on Silumina. While stipulating the e
. Kae-Salumina, T 2 سم. 2. In Sanskrit aesthetic terminolog pleasurable experience, cf. Dhtangjiloka 160 et al.

1esthetic Concept of
in Ka V-Silumina -
believe that the Rasa theory of Sanskrit icance were not unknown to the author se mahākāvya written in about the 13th ery frequently used in a derivative and aurā rasa). The delight experienced in e the v īņā is said to take the form of rasa. y to intoxicate the mind of the listener. bhava-the two well-known technical ound mentioned in Kau-Silumina. At fers an infallible insight into the author's
r.
irga in Kav-Silumina reads as follows : nasekni vetva kivi denõ vidunā denetā itā dullabō.
glance from Goddess Sarasvati, people joy2 the rasas and bhavas of poetry are
; the sentiment expressed by the author the statement implies that the worth of if the rasas and bhavas it evokes. The reader from reading poetry is the expe-hat being in the plural also implies that
diverse rasas and bhavas. The capacity ed in good poetry is also a rare gift, to be
note some remarks made in Siya-Basliterary theory written prior to Kaissential features of a nahakavya, it says
y, in dati and similar verbs always denote a of Anandavardhana (Kavyamala Series), pp. 59,
76
"
f

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بچه
AEST HETIC CONCEPT OR RASA
that this particular class of poetic com portrayal of rasas and bhavas (rasa-biivil echoing what Kavyadarsa-the Sanskrit forms the original of Siya-Bas-Lakara-h K-Silumina too-itself a nahakavyathe evocation of rasas and bhavas to be an like the mahâkâvya (literary form par exc theory). -
The experience of rasa is univers what does the author of Kav-Silumina in arises from bhavas too Bhavas are kno in their basic forms prior to the stage least in some instances, their experience is the experience of bhavas pleasurable : showing a poor grasp of the Rasa theori to be enjoyed from poetry of good qua readers' aesthetic experience of poetry, rasas together :
Sanskrit texts on poetic theory Sl Whatever other meanings the term bhai if Sanskrit aesthetics to denote one aspec literary critics who applied the Rasa th divided that experience which they tern four major ones annong them were calle bhāsa. Of these, rasa was undoubtedly was the highest and the complete state of aspects too, on account of the fact that ment in the reader, should be considered
To make the position clear, the fol may be cited.
Rasa-bhava-cadabhasa. |Rasa, bhāva, their ābhāsas (i.e. rasābhās of bhava and others, belong to that vari (i.e. asarilaksya-kraina-vyangya).
3. Siya - Bas-Lakara, I-25. 4. Dhoanajā loka of Ānandavardhana (Kāvy:
77

BHAVA IN KAV-SILUMINA
osition must embody continuous aturu nomut). Here, it is only treatise on literary theory which is to say on the subject. Evidently, ubscribed to this view, and held essential feature of all great poetry lence according to Sanskrit poetic
tly accepted as pleasurable-but 1ean when he says that delectation wn to be mental states or emotions of transformation into rasa, and at is known to be painful. As such,
Is not the author of Kav-Silumina y when he says that bhavas too are ity ? Is he, while speaking of the iustified in categorising bhāvas and
1pply a solution to such doubts. a may possess, it is also employed t of aesthetic enjoyment. Sanskrit eory to the evaluation of poetry, ned rasa, into Several aspects. The d rasa, bhāva, rasābhāsa and bhāvāgiven the place of eminence, as it aesthetic pleasure. Yet, the other they contribute to aesthetic enjoyas belonging to the domain of rasa.
lowing authoritative Sanskrit texts
tatpraśāntyādirakramah. 4 a and bhavabhasa), and subsidence ity of suggestion known as akraha
mala Series Edition), p. 64.

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UNIVERSITY O
According to the theory of di the species of suggestion known as a where the sequence between the ex imperceptible. Hence in the abc known as akraha amounts to say purports that rasa, bhāva and ( Subsidence of bhava and others is e conjunction and subsidence of an the minor subdivisions of one as experience.
Rasabhāvau tadābhās:
Sandhih sabalata Ceti (Rasa, bhāva, their ābhāsas, along mixture of bhaivas-all these amour
The purport of this sloka too is the difference that it expresses mor as rasa, bhāva, and So forth are asp added to its other subdivisions.
Abhinavagupta-another gree Sanskrit poetic theory-in his con supports the proposition and mai bhava (transitory mental state) wh delight; and that experience should
All these would conclusivel considered bhava too as one aspec was termed rasa. Hence, rasa on all these aspects, and on the othel this aesthetic enjoyment.
Some explanation is necess conception of the nature of the aspects, rasa, bhāva, rasābhāsa and one of the main sthāyibhāvas (domi
I 5. Sahitjadarpana of Vivanjitha (Kë 6. Loca na on Dhvanyāloka (Kāvyamā
7. The following account is based on 1 -the Sanskrit texts referred to above.

CEYLON REVIEW
vani, rasa in poetry is evoked through alilak8ya-kraina-vyangya-i.e. Suggestion pressed sense and the suggested sense is ve citation, the variety of suggestion ing “the sphere of rasa”. The citation thers belong to the realm of rasa. xplained by the commentators as the rise, motion evoked in poetry. They form ect—i.e. the bhava aspect-of aesthetic
lu bhavasya prasamodayau, sarvepi rasanādrasāh. with subsidence, rise, conjunction and It to rasas as they are to be enjoyed).
the same as that of the first citation, with e clearly that the various categories such vects of rasa. Mixture of bhāvas is also
ut, perhaps the greatest, authority on ments on the first citation given above, ntains that an emotion like a vyabhicarien exuberantly evoked, causes aesthetic
be called bhava.6
y prove that Sanskrit poetic theorists st of aesthetic enjoyment which in foto the one hand was a generic term for I, was one aspect-the major aspect-of
lary regarding the Sanskrit theorists delectation pertaining to each of these bhāvābhāsa.7: Rasa is evoked when any nant emotions) like rati (love) or Šoka shi. Sanskrit Series Edition), p. 225.
la Series Edition), p. 65. 2/7°атуälo/a, and its Locaтa, and Sähityadarpana,
78
ܡܢܝܵܢ-¬ܠ

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AESTHETIC CONCEPT OF RASA
(sorrow) is developed properly in lite nants), anubhavas (Consequents) and p, states). Only a sthayibhava has the c. should also be depicted with referen sisessatie11S in the Story. Rasa is the hig and its experience is equated to transce the acne of perfection in the evocation vibhavas and so forth as advocated by difficult to be achieved.
Bhava is an aesthetic experience wh that of rasa. Bhāva arises in more war itself (which through proper handling cc loped to its proper pitch does not reach bhava stage. Thus through inadequac rasa themselves evoke bhāva. Here too thetic delectation, but not that Sanne trai again, any emotion other than a sthayilor asiya (envy) for example-when in forth in proper channels also evokes bhat the drama or the in wahūkai wyd, diverse eu poet cannot restrict himself to sthayil besongs to the Same realm as rasa, but is
Rasabhasa (semblance of rasa) is rase priate characters Or situations-thus faili reader. It is but a shadow of rasa. maintain that when syngara is the theme cated by the heroine, rasabhasa (and no of Rama were to be narrated in a poem cannot be portrayed and only singarabhi portrayal of valour (for the evocation of the hero of a poem results only in pirahl the inappropriateness of characters and citya), the poet's efforts to evoke rasa resi
Bhāvābhāsa (semblance of bhāva) sphere of bhavas. The evocation of through inappropriate characters and It is a shadow of the aesthetic experience
79

HAVA İN KAV-S|LU MINA
ature through vibhāvas (determiabhicari-bhavas (transitory mental pacity to turn into rasa. And it Ce to appropriate characters and nest plane of aesthetic enjoyment Indental bliss. Rasa is considered in literature of emotions through the rasa theorists; and as such it is
ich belongs to a plane lower than is than one. When a sthayibhava uld develop into rasa) is not devethe State of rasa, but turns into the y of nourishment, ingredients of
the reader experiences Some aesnscendental bliss as in rasa. Then a pyabhicari-bhava like laija (shame) Durished through vibhavas and so 'a. (In a lengthy literary piece like motions have to be depicted-the havas.) The resultant experience less acute.
portrayed in respect of inapprong to evoke a deep response in the
For example, Sanskrit theorists , if the hero's love is not reciprot rasa) is the result. If the story , in Ravana syngara towards Sita īsa is possible. In the Same vay vīra rasa) in a person other than 1āsa and not vīra. Thus through
also of situations (vibhava-anault in rasabhasa.
corresponds to rasabhasa in the bhava as mentioned above, but situations result in bhavabhasa. termed bhava.

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UNIVERSITY O
Thus it is possible to resolv statement in Kav-Silumina that bha Kav-Silumina is here referring to t joyment specified by Sanskrit ac bhavas denote a state of delight, f mean a mere emotion alone. The the Rasa theory on the part of the a knowledge extending to intricate
* I am grateful to Dr. P. E. E. Fernanc useful comments, and also to Mr. H. L. Se

F CEYLON REVIEW
2 the doubts that arise regarding the was too are enjoyed in poetry like rasas. the two major aspects of aesthetic enstheticians. Not only rasas, but also Dr, the word bhava is not restricted to ! statement evinces not a poor grasp of uthor of Kai-Silumina, but a thorough details of this elaborate concept.*
G. WIJAYAWARDHANA
to who read through the paper and offered many 2neviratne for his suggestions.
80

Page 85
فضا
事
The Regional Conce Geographical
ܐܝܓܥ ”
G EOGRAPHY is concerned with
earth's surface. Due to its vastne
all ages have found it necessary in surface into small areas. Divisions of a geographer's craft. Regions are especia should properly be conceived as devices earth's surface and to organize our kn controversy, however, surrounds the “re agreement as to the definition, delimitat constitutes a region.
A.--Are Regions Ob
During the latter part of the 19th ce1 objective units gained ground. It was b enacies. The region was supposed to b earth area, having form and structure a object. Accordingly it represents a rela adjacent or distant areal units. At the e: concept that regions are actual organisms.
The causes for the development of objects may be explained in the context climate of the 19th century. During th: development of the natural sciences like individual objects of study. Therefore, enviable position of a true science, then its have individual objects of study. For th ceived as the geographers object of st seemed to characterise the philosophy of 1
held that man's activities were governed
1. Hartshorne, R., The Nature of Geography, 1939,
Originally published in the Annals of the Associati
81

pt-Its Place in
Studies
the study of the nature of the is and complexity, geographers of their studies, to divide the earth's rea, then, are a vital part of the lly defined units of area. They
to investigate the nature of the owledge of its character. Much gional concept" for there is little tion or the exact nature of what
jective Units 2
tury the thesis that regions were elieved that regions were genuine e a definite individual unit of the ind therefore forming a concrete tively closed unit in contrast to xtreme end of such ideas was the
the theory of regions as concrete of the scientific and philosophical is period there was a remarkable Botany and Zoology which had if Geography was to attain the eemed that geographers too must is purpose the “Region was conIdy. Deterministic ideas which many a geographer of that period by the conditions of the natural
1946, pp. 250-262.
in of American Geographers, 29, (1939).

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UNIVERSITY
environment.2 Since it was held to his physical background, the Jin with the boundaries of the nat regions are defined in terms of bo surface then would consist of fill regions. It appeared then that t merely to recognise and map the
The theory of regions as cor on many grounds. Firstly, unlik not to be defined by any particul a point of view focussed on the i on the phenomena itself) that caus face. There is no compelling need as forming the particular object of a technique of study and the ge character of the earth's surface itse ations of phenomena at one place a in different places.
Secondly, crude determinism culture is to a great extent condi man's activities are clearly confi man's activities have unified sep racteristics. A case in point is Physiographically, California exh the Coast Ranges, the Central Gre Though the Central Great Valley ing relief features, they form int unit. The agriculture based on it be inconceivable without the wat
Furthermore if a region has should clearly be tangible. We nations of the type that regions a character that extends over a con exist, then a region must have f are inclined to agree with Kimbl
2, Tatham George, Chapter on Environ
Taylor Griffith (ed.) Geography in 131一147,

)F CEYLON REVIEW
that man's activities conformed neatly its of cultural units would nearly coincide tral (physical) units. Since geographic h cultural and natural factors, the earth's ely defined, distinct individual units or he supreme task of the geographer was mits of those “self-given regions”.
Crete individual objects may be rejected : in the systematic sciences, geography is ar object of study. Geography is more interrelations of phenomena, (rather than e the varying character of the earth's suri to define geography in terms of regions, its study. The regional method is really ographer's aim is to study the varying lf caused by the interrelations and associind inter-connections of phenomena found
is no longer in vogue. Granted that tioned by physical factors, it is not that ned within physical boundaries. Often arate areas of contrasting physical chathe regional geography of California. ibits three distinct major phyical unitsat Valley and the Sierra Nevada Ranges. and Sierra Nevada Ranges have contrasterconnected parts of a single functional rigation in the dry Central Valley would rs from the humid Nevada slopes.
definite form, structure and function, it are no longer to be satisfied with explare things, which have a certain impalpable iderable tract of land. If such qualities irly clear and definite areal limits. We a that we cannot have substance without
tentalism and Possibilis, he Tuentieth Century, New York, London, 1951, pp.
82

Page 87
THE REGIONAL
form or quality without quantity. I who strongly urges the regional point regions be based on statistical and qui, qualitative assessment. This question dignitation. A little reflection shows t Ridge in the hill-country of Ceylon fo wall of the Uva Basin. It is obvious that side of the adjacent valley. The pr difficult when we draw upon the entir human factors, in fixing boundaries of variance or coincidence of the extent features may be independent of each C be seen when considering the uniform highlands of Ceylon, over areas where side by side. The spread of tea estates any differentiation of the former vegeta cannot discover clear boundaries, then characteristic of being definite individ identifiable objective units, that identity reference to the problem of establishing pointed out that "we have no reason to We not only have not yet discovered an we have no reason ever to expect to delimited into separate units because pl in one place show significant interrelati point is well illustrated in the regional Trade with foreign countries is the m Japan's industry is not only based on i oriented towards markets of the far flui explain the features of the regional econ to consider regions and factors quite outs
In the light of the foregoing conside but necessary that we abandon the theor units. For the theory of “real regions tested nor proved. It poses more probl
3. Stamp, L. D. and Woolridge, S. W. (eds.) L. Toronto, 1951, p. 155, see, Kimble, George, H. T., II,
4. Freeman, T. W., A Hundred Years of Geograp) 5. Hartshorne, R., op, cit, p. 260.
83

CONCEPT
in this context Dervent Whittlesey, of view suggests that a scheme of antitative rather than empirical ΟΙ poses the problem of boundary that the eastern slopes of the Central rm at the same time the boundary t the slope of a mountain is also the oblem becomes immensely more e range of physical, biological and regions. There is often little coof different features, because these ther causatively. This point may extension of tea plantations in the originally forest and patanas grew have today completely obliterated tion that may have existed. If we We cannot assign to regions, the ual objects. Indeed if regions be should have clear areal extent. In boundaries it has been previously ever hope for an objective solution. destablished regions as real entities, do so.'s Areas cannot easily be henomena besides being associated Ons between different areas. This economic characteristics of Japan. ainstay of the Japanese economy. imported raw materials but is also ng conners of the globe. Now to ony of Japan, it is vitally necessary ide the territorial confines ofJapan.
rations, it not only seems desirable y of regions as individual objective is an abstraction that cannot be sms, than can ever be solved.
Fidon Essays in Geography, London, New York, adequacy of the Regional Concept.
ly, London, 1961, p. 127.

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UNIVERSITY O
B.--The Region-as a M
The view that a System of regi is far nore satisfactory and is log field. If regions are to be conceiv it would be advantageous to knc surface itself, whose nature we are the region. For our techniques of by the nature of the material we ha
The main thing that strikes th Surface, is its intense areal Variatio biological and social processes ovel mena that give rise to an intrica consider something about the phen of the earth's surface. Phenomen: absent in other places. For exampl the Jaffna Peninsula of Ceylon exp pattern there. In no other part o limestone tract that gives rise to Peninsula. Furthermore single ph buted over area. For example, a the South-West country of Ce deficiency of rainfall in the Dry Z expensive irrigation projects for th Then, phenomena may have dif Generally physical processes are Sut processes. Cataclysms caused by quakes and cyclones are, howeve proceed at varying rates in differ along the south western shores o than in the other parts of the is phenomena caused by a given t integrated. Then phenomena of (exist together) over a given area. and events which determine the c is such a complexity with variegat graphers are concerned to analyse :
6. " A process is a sequence of events syste phenomena that can be observed at any one mon
of change.” Refer James, Preston E. and Jones graphy, Syracuse, 1954, p. 5.

F CEYLON REVIEW
lethod of Geographic Studies
onal division is only a technique of study cally consistent with the nature of our ed as mere devices of geographic study, w some salient features of the earth's trying to investigate by the method of study should be adapted to and moulded andle.
e geographer's eye as regards the earth's in caused by the interaction of physical, : area. These processes produce phenotely complex surface.6 We shall first omena itself, which cause the complexity which are present in some places are e, the presence of a limestone cover over lains the absence of a surface drainage f the island is there a similar extensive such distinctive features as in the Jaffna anomenon is sometimes unequally distriannual rainfall of over 75 inches gives ylon fairly stable river regimes. A Zone has necessitated the construction of e successful settlement of these regions. erent rates of changes and movement. bject to slower rates of change than social physical processes such as floods, earthr, exceptional. A single process may ent areas. For example Coastal erosion f Ceylon proceed at a more rapid rate land's shores. Further, heterogeneous ype of process are causally related or different processes are also associated Such then is the essential nature of forces haracteristics of the earth's surface. It ed facets and ceaseless changes that geond comprehend. matically related as in a chain of cause and effect. The
tent of time result from the operation of these sequences , Clarence, F., Inventory and Prospect of American Geo
84
11 ܠܳܟ݂ܓ .
- ܒܚܠ
4܂ܗ .
雯

Page 89
THE REGIONA.
Although the earth's surface is stu geographers have their own distinctive an explanation of the nature of the co geographers hold and nurture. In oth Ples of Geography: Firstly, mal graphy which is not concentrated on an Instead they have tried to establish cc interrelations of phenomena. Thus fo of Watawala is not to be considered as a in terms of its causes-the atmospheri terms of its influence on the rainfall vegetation and agricultural activities o principle is areal diversity. It Seems principle, for the fact that different are: characteristics is easily perceptible.
1. The tuvo approaches in geographic In keeping with the two principles basic methods of geographic investiga the regional approach illustrated diagrar
= — — — — — അത്ത് അ അ അ അത്ത
- - - Segment of Integrot
D Section of Area
ү
Fig. 1. Graphical rep
and Topical phical studies
85

CONCEPT
lied from a wide variety of angles, view-point of study. This requires nception of the earth's surface that er words what are the fundamental ly have sought to expound a Geoy particular category of phenomena. herence or Zussaintenhang, i.e., the r example, the very heavy rainfall n isolated fact. It should be discussed and relief conditions and also in regimes, the water balance, the f the area and so on. The second
hardly necessary to illustrate this is have varying colour, nature and
I study-systematic and regional: outlined above have arisen the two tion, the systematic approach and natically in Fig. 1.
X X X X X X X
v v l v v v v v
ion
resentation of Regional approaches in Geogra

Page 90
UNIVERSITY OF
The larger rectangle represents earth's extension of phenomena... Each of these lir vegetation and so on (a,b,e in Fig.). Each The smaller rectangles X-Y-Z show the sut different segments of integration are associal
In the systematic approach, the be a single segment of integration such as the climate or the agricultur the subject of geographic study wou a sub-continent, an island, a Small ai that the regional concept matters ( shown later in this paper that the reg as well as regional geography.
Combinations of phenomena V cated ways. It is impossible to say 1mena extends from A to B where a and convenient to limit the Wet Ganga and the Deduru Oya as bout begin on the eastern banks of the of the Deduru Oya.
It is for such a study, that the re of investigation and organization o
2. The definition of a region:
Actually scores of definitions range of meanings extending far be Freeman mentions a map dividing for the distribution of a popular b. are no less than one hundred defin literature.8 Hartshorne writes tha can be said is, that a region is an are from other areas and which extend
Wittlesey's definition that was
Geography claims that a region 1.
homogeneous in terms of specific
7. Freeman, T. W., op. Cit. p. 118.
8. Kimble, George, H. T. op. Cit, p. 151. 9. Hartshorne, R. Perspective on the Natur

CEYLON REVIEW
area. The horizontal lines denote the area es represents phenomena such as relief, climate, of these may be called a segment of integration. -division of area (sections of area) where the ed together.
subject of geographic investigation may this is different from a single element) e of an area. In the regional approach, d be a section of area such as a continent, ea or a town. It is commonly believed inly in regional geography. It will be
ional concept is basic to both systematic
ary from place to place in very complithat one specific combination of phenonother begins. Though it is traditional Zone in Ceylon by us ng the Walawe Indaries, a clear-cut Dry Zone does not Walawe Ganga and the northern banks
gion is here presented, as a useful means
f facts.
of the word exist and the word has a yond geography.7 For example T. W. Ireland into regions, each with its centre rand of stout. Kimble states that there tions of the word region in geographic it, on an empirical basis the most that a of specific location which is distinctive s as far as that distinction extends.9
presented to the Committee on American jould be an area of any size; 2. is an area Criteria; 3. is an area distinguished from
e of Geography, Chicago, 1959, p. 130.
86

Page 91
- جمي
THE REGIONAI
bordering areas by a particular associa internal cohesion.10
This means that a region is a spec constitutes a mere section of earth spac stod in the words of Whittlesey: A earth's surface with no implication of distinction may also be illustrated diagr;
HUMID
40 Fig.2 Distinguishing a section
The 40 inch isoheyt distinguishes a dry area Due to prevailing wet characteristics throughout and similarly a dry region to the east. A trian isoheyt to include portions of the humid as well a geneity and therefore remains as an area and to the humidity criterion used-the 40" isoheyt.
The 40 inch isoheyt distinguishes a to the west. Due to prevailing wet cha area a humid region is defined and sim triangle ABC which is drawn across the the humid as well as the dry region clearl fore remains as an area and does not be humidity criterion used-the 40' isohey
10. James, Preston, E., and Jones, Clarence, F., op. 11. ibid. p. 22.
87

CONCEPT
tion of features and therefore has
all type of unit area, while an area 2. The distinction is better underarea is a geometric portion of the tomogeneity or cohesion.'ll This imatically as in (Fig. 2).
D R Y
of a red from a region
to the east and a wet area to the west. the western area a humid region is defined gle ABC which is drawn across the 40" is the dry region clearly lacks any homodoes not become a region with respect
dry area to the east and a wet area racteristics throughout the western ilarly a dry region to the east. A
40" isoheyt to include portions of y lacks any homogeneity and therecome a region with respect to the E.
cit. p. 9.

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UNIVERSITY OF
3. Justification of the regional con Many geographers attempting t finding none to their satisfaction, h concept. In the words of Kimble chase a phantom and to be kept con We are however justified in retain framework, when we conceive oft concerning area. Areal variation i cannot discover even two adjacent alike in all respects. However, eve throughout which a more or less features exists. The Jaffna Peninsul This sense of uniformity or region definition of boundaries is not possib as regions. But even the smallest divided. Whittlesey was referring no 'unit areas. For example, in a homogeneity may be said to exist covers the field uniformly. Yet may recognise numerous varieties sub-divide the field according to scopic sub-division, however, woul Examination of differentiation atsu our purpose of understanding the b fore we ignore differences deemed in where none exists in a real and pre except in the geographer’s mind is ti of fact. The study of the complex division of the surface into managea
Our regional division may be craft of dividing the course of event using Certain dates, historians arbitra a period. Akin to the way that between areas, there are also sim different periods. Nevertheless histo the advantages of organising the un time, into periods. Historians study time and geographers study the nat
12. Kimble, George, H.T., op. cit, p. 174.

CEYLON REVIEW
Сері: D discover “true regions and naturally ave urged the relection of the regional To spend our days regionalising is to tinually out of breath for our pains. 2 ng the regional concept as a practical le region as a device to generalise facts s so minute, so omnipresent, that we points which are identical, i.e. exactly in the layman may recognise some area marked homogeneous association or a is a striking example from Ceylon. ality may be felt even where precise le. Such areas then may be recognised
of our regions may be further subto this idea when he said that there are Small areal unit such as a paddy field, throughout the field, because paddy even within a single paddy field one of paddy in the different parts and the varieties grown. Such microd only be necessary for special purposes. ch minute levels would no doubt defeat road nature of areal Variations. Therehinor and construct homogeneous areas, cise sense. That regions exist nowhere hen not a fatal criticism, but a statement ty of the earth's surface necessitates the ble units of study.
appreciated if we view the historian's s over time into numerous periods. By rily speak of a beginning and an end of there are significiant inter-connections lar interconnections between events of rians have established and demonstrated broken continuation of data throughout the nature of the course of events over ure of phenomena extending over area.
SS
ܡܐ.-ܓܠ

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حيجه
THE REGIONAL
The geographer's technique of organi pictured as a parallel to the historian's course of events into periods.
tory conceive of ancient, medieval
History. This is for mere convenienc student who is dissatisfied with such b. himself with more detailed analysis, and Ceylon history as being divided, for in and the British periods. In a similar detail may Sub-divide their major regi large degree of generalisation. Again entire British period quite unwieldy, m of the whole period. The parallel her of constructing micro-regions is indeed
his undoubtedly involves the g
The method of generalisation and **The mental grouping of things separa which some resemblance is seen is the p. of similaritics is as necessary to life as biologists' classification involves the gro and minor divisions, of forms more an dissimilar in certain respects, because o this case indicative of genetic connecti reptiles, the amphibians and fishes are Vertebrae. The geologist may group basis of integrating factors such as age, Cc A regional division too is a similar type of recognizing similarities of character In arranging the similar characteristics area are first defined by announced crite certain quantitative criteria first distingu or regions of the world. Using furth categories were divided into smaller u determined on the basis of temperatur Aw types. The sub-divisions are based By using further quantitative criteria, defined numerous other sub-divisions.
13. George, W. H., Scientist in Action, New York, 14. Newbigin, Marion, I., Plant and Animal Geogri
80

CONCEPT
ing area into regions, should be method of dividing the historical
ineralisation of facts. Students of
and modern periods in Ceylon : of organising historical data. A road generalisations may concern may view the modern period of stance, into the Portuguese, Dutch way, geographers pursuing greater ons, which are the products of a a student of research finding the ay confine himself to a few decades e with the geographers technique remarkable.
classification is basic to all science. Iely recognizable as different, but in rocess of classification ... the seeing the seeing of differences. Is The uping together in successive major d more closely related. 14 Though f common points of similarity (in ons) the mannimals, the birds, the grouped together into the Phylum together multifarious rocks on the omposition or mode of occurrence. of classification, involving a process by the method of generalisation. of area into regions, categories of ria. For example, Köppen by using ished the major climatic categories ter quantitative criteria the major hits. Thus the A type of climate ! is divisible into the Af, Am, As, on the season and extent of rainfall. Köppen and later-workers have
1938. p. 189. phy, London, 1936, pp. 197-204.

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UNIVERSITY OF
Accordingly, regions are con: observing the objective nature of a in our thought and not in the area may only suggest a division when vi itself is the brainchild of the rese: essential part of a classification for ception of similarity by a human b is not a judgement where universal cation, it is not surprising that no u classification.' Is It is then in keep view the region as a mental const intelligent basis for organizing our can only seek the most intelligent b. dividing the earth into regions. It is areal groupings out of the complex earth's surface is a region, if homog ing.” 16 To illustrate this, if relief Anuradhapura may belong to a s lowlands, of Ceylon. Further sub marcate a dry and an arid zone alor and Anuradhapura into two separat too other criteria may be used to gi region then is not an object either an intellectual concept, an entity f selection of certain features relevan irrelevant for a given purpose.'17
The purpose of a classification ment of a system of regional divisio of a specific problem or purpose. identify homogeneous areas with r as all scientific classifications do, cc problem. Therefore any system of only in terms of the purpose for follows then, that there can be seve purpose of classification. It is not into a given set of regions and that
15 George, W. H., op. Cit. p. 190. 16. James, Preston, E. and Jones, Clarence, F 17, ibid. p. 30.

CEYLON REVIEW
tructed in our mind subjectively, by eas around us. The entities then exist itself. The nature of the phenomena awed in a particular way. The division rch worker. “. . . the classifieris AAm. a classification is based upon the pering. Since judgement of similarity... agreement has been reached in classifiniversal agreement has been reached in ing with a basic method of science, to ruction, which provides some sort of nowledge of the earth's surface. “We sis for determining areal limits, i.e. for then a device for selecting and studying ty of phenomena. Any portion of the eneous in terms of a stated areal groupis used as a criterion both Mannar and ingle region-known as the northern |-division based on climate would deg the 50 inch isoheyt assigning Mannar e humidity provinces or regions. Here ve numerous other refinements. "The Self-determined or nature-given. It is or purposes of thought created by the it to an interest and disregarding those
~)ܐܬܢܐ
then, is all important in a critical assessn. For the criteria are selected in terms For a stated purpose, it is possible tΟ espect to relevant criteria, disregarding inditions which are not relevant to the homogeneous areas should be evaluated which the classification was made. It ral systems of regions depending on the that the world is neatly parcelled out t is the supreme task of the geographers
., op. Cit. p. 30.
壹上
9{)

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THE REGIONAL
to somehow recognise them. “When classification, it is rated as of high valu: members of each class have many poin to the classifier. If the members of eac sigilarity of interest to the classifier, the of low value.'18 Thus geographers she agree on any system of division. We s with the greatest number of advantag advantages. The advantages, howeve for which any particular classification is
C.-The Hierarch
There are not only regions but also is a result of generalisation of facts, ther degree or amount of generalisation. S of generalisation, then it follows that t depending on the degree of generalisati could vary from major to minor and in the diagram (Fig. 3a) represents a hy level of generalisation it is divided into If more detail be required in the study of sal of criteria each of these units could homogeneous units. This process of su a hierarchy of regions, 19 Fig. 3 (a) and 3
When regions are studied at variou concern is the scale of the maps.20 For different orders of regions, maps of diffe scale maps are used for detailed studies o in the hierarchy. Small scale maps are (therefore less accurate) of very large hierarchy. For the regions of the interr be used depending on the degrees of g theme with regional examples from Cey
1s. George, W. H., op. cit, p. 189. 19. An admirable example of the rule of the conce essay Linton, D. L. “The Delimitation of Morphold op. cit, pp. 199-219.
20. The use of varying scales at different levels * Towards a further understanding of the Regional C Geographers, 42 (1952) No. 3, pp. 195-222. especially pp
91

CONCEPT
assessment of value is applied to a } or is called natural or good, if the ts of common similarity of interest h class have few points of common classification is called artificial or is ould not feel perturbed if we cannot hould strive to attain a classification eous and the least number of disr, are determined by the purpose
devised.
ty of Regions
a hierarchy of regions. If a region 1 it must be the product of a certain since there can be different degrees here are different orders of regions on. Accordingly, regional systems from macro to micro. The circle pothetical unit of area. At a certain three homogeneous units X-Y-Z. each of these units, by using another be further sub-divided into smaller b-divisions and grouping produces
(b).
s levels of generalisation, a primary the study and representation of the rent scales should be utilised. Large f micro regions which are far down used for highly generalised studies regions, placed higher up in the mediate orders varying scales should eneralisation. Let us illustrate this lon. A layman may rest content
pt of the hierarchy of regions is contained in the gical Regions.” London Essays in Geography,
of generalization is discussed in James, P. E., oncept. Annals of the Association of American
206-215.

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UNIVERSITY O
Fig. 3 (o). The concept
Regions show
A
Χ
X, X *
Fig. 3(b) in the hierarchy
of regions exist generalisation sh
 

CEYLON REVIEW
¬ܘܢ
of the hierarchy of the n graphically.
red
Y Z
占H
Yi Ye Ys Z Z2
of regions various orders
at different levels of own by horizonto lines.
92

Page 97
ض
يه
THE REGIONAL
with the meagre knowledge that Cey surrounded by a lowland tract. He r studded with irrigation tanks and he south-west with a luxuriant forest grov leyel seeds more refined divisions with Therefore his scheme of regions wou A research student may require far me when working at levels of least generalis: of first hand information and long hou failure to recognise that different levels regions at various orders has in the p. literature of regional geography. In a S. F. de Silva divides the larger climati regions.2
(a) The arid belt of land (
(b) The dry zone (proper)
(c) The Jaffna peninsula.
The dry zone proper and the Jaf regions of the same order though the fo latter and exhibits very great areal diver D.- The Regional Concept an in Geogr
It was shown earlier that geograph of two approaches. A common beli dualism in geography between systema also supposed that the former is the stu study of area. It is true that in man systematic geography, the work which geology, meteorology, and so on. Tu graphy in an issue of the Universities Q same point when he stated that the que papers of economic geography, histo equally well have found a place in the ecc the scope of this paper we could only systematic geography represents a view systematic sciences. While a systemat
21, de Silva, S. F., A Regional Geography of Ceylo
93

CONCEPT
lon has a central highland mass, may be aware too, of a dry zone ard of a hot wet region to the vth. But a student at high school less generalisation and more details. ld consist of more sub-divisions. ire Sophisticated and detailed units tions. This involves the gathering irs of work out in the field. The of generalisation exist and therefore ast led to much confusion in our classification of regions for Ceylon c unit, the Dry Zone into smaller
25-50")
(50-75)
na Peninsula have been classed as rmer is many times larger than the sity.
ld the Apparent Dualism aphy -
ic studies may be classified in terms af is that such studies represent a tic and regional geography. It is dy of elements and the latter is the y universities, under the guise of is done more properly belongs to idor David writing “Against Geo'uarterly, May, 1958 was raising the stions appearing in the examination rical geography, and so on, could onomics and history papers. Within state the theoretical position, that -point which is different from the ic science is focussed on a certain
1, Colombo, 1952, p. 81.

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UNIVERSITY O
category of phenomena, Systematic of a certain category of phenomen: nomena.
Regional geography, On the oth the entirety of phenomena of a regi in Regional geography in New Vic goal of regional formulation should in association, 22 A little reflection W. to learn everything, even bout a region is not a practical goal for an should be concentrated on the ke significant in Causing similarities an geography, because we study the phenomena, it is possible to extend is impossible to have a complete ki. entire world. A systematic geogra ions of phenomena usually over larg attention is paid to complex integr a totality of a region is not a pract our attention to smaller areas becau handled. As the number of topics too increase, thus reducing the size o may exist. The essential differenc view-point, then lay in the numbe the size of areas. The difference th mental kind. It follows, that geo of individual elements over the wo elements in regions. All studies in of phenomena which exist in integ but a gradational range from thos integrations over large areas to th integration in small areas.24. The studies and thus helps to illumina
geography.
By the application of the regic studies, many categories of region
22 Preston, James, E., (ed.) New View Point
23. Ackerman, Edward, E., Regional Res Geography, 29, July, 1953, pp. 189-197.
24. Hartshorne, R., Perspective oil the Nature

F CEYLON REVIEW
geography studies the interrelationships l, as a part of the total complex of phe
er hand is widely held to be the study of on. Pearson reporting on the Progress :w Points in Geography states that the include the totality of place and people ould show how and why it is impossible very small place, for the totality of a alysis.2. In regional analysis, attention y features, i.e. only on those that are d differences over areas. In systematic interrelations of a few closely related our study over large areas, because it owledge even of a few things over the phy is then the study of partial integrage areas. In regional geography where ations of phenomena (for the study of ical goal) we should necessarily restrict ise of the large number of topics being increase, the number of variable factors
f the area, over which any
e between the systematic and regiona
of topics being handled and therefore en is quantitative and is not of a fundagraphy cannot be divided into studies rld and studies of complete totality of geography analyse the areal variations ration. Therefore, there is no dualism, se which analyse the most elementary lose which analyse the most complex regional method is basic to all such te, the essential nature of the field of
onal concept to all types of geographic s have been formulated. In the more
s in Geography, Washington, 1959, p. 12. earch — Energing Concepts and Techniques, Economic
of Geography, p. 144.
94
--
-
ܕܢ-¬.

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ར་
THE REGIONAL
elementary systematic studies there are s cation of slopes by the slope angle and using isotherms are examples of the Though climate appears to be a single vagious features Such as temperature, ra variability and evaporation etc. Clima known as multi-feature regions becau considered. An economic region is a of multi-feature region because a very v physical conditions, resources, peoples a be relevant in such a study. Geographic multi-features regions, since all feature area would be relevant. Since study C of an area) is both impossible and unde graphical region we need consider, only in causing the notable similarities an suggests the term “Compage for such the totality of the region.25
E.- Sumí
The region is not a concrete obje
Zoologist's animal. Regions are special
for the purpose of dividing the compl
- یخه
Iruñits of Study. A commonsense and
would be a meaningful homogeneous stated criteria. A region is constructed Therefore, a regional system may be co1 inist's plant associations, the geologist's periods. A region is the product of : There can be different degrees of General hierarchy of macro and micro regions. An relations of phenomena. Therefore, sys of an individual element, but rather, t phenomena. In regional works, the st is a practical impossibility. Regional complex integrations of phenomena. I studies a larger number and a greater geography. The difference between the tative kind i.e. in the number of topic homogeneous areas is basic to both ty helps to understand the essential unified
Preston, James, E. and Jones, Clarence, F. op. cit
95
2
5

CONCEPT
Ingle-feature regions. The classifidetermining thermal provinces by systems of single feature regions. lement, it is actually a synthesis of infall amounts, its distribution and tic regions belong to the category se a whole range of features are
example of a very complex type ride range of features including the ind their economic activities would regions are the most complex of the s determining the character of an f total geography (all the features sirable, in the definition of a geo: those features that are significant, d differences of area. Whittlesey a complex study, which is less than
mary
*ct like the botanist's plant or the units of area, subjectively devised cx earth's surface into manageable practical definition of the region unit of area, defined in terms of a | by the method of generalization. nceived of as a paralel to the botarock categories and the historian’s certain degree of generalization. ization or levels of regions and thus a ly geographic work studies the intertematic geography is not the study he study of partial integrations of ldy of totality, i.e. of all features, geography is then the study of in other words, regional geography variety of topics than systematic : two is primarily one of a quantis. The technique of constructing pes of studies. This consideration nature of geography.
LAKSHMAN S. YAPA
p. 36.

Page 100
Book Reviews
An Early History of Vaisali: by Y Delhi(1962), pp. 301 xvii; price
At a time when the City States were flouri (Pataliputta) as far as the borders of the Saky. dynamic system of republican government in til Kosalan Empire. The most powerful of them The Mahāparinibbāņa-Sutta, D iii 164 ff., gives lity. While the monarchical form of governn the republican form of government was found found for this peculiar phenomenon. All histor of states but upto now no detailed study has attempts to fill this breach. He has traced the divided into three parts: Book I, The Monarch The Interlude of about six centuries to the rise C to the time of its fall in Ajatasattu's reign, date the colonization of this region and the human formative, the sources on which he has based h yet possible though his predecessors in the field F. E. Partiger, S. N. Pradhan and others and the to full advantage. One in fact comes across in this period, e.g. Kalandhama, Bandhuma, Sahad but such references are never placed in the San Buddhist literature. However, this section is ful a general feature of the whole work, yet thorou primary and secondary sources. We would h treatment of life under the Vaisalian Monarchyi he has so laboriously gathered together in his e. these is a big gap between the Puranic sources The author assigns to this interlude a periodofs work, pp. 95 ft., deals with the Vajjian Republic references in Pali and Ardhamägadhi literature of contemporary literature which is so rich in i clans and on the country they inhabited. He ferences in the Pali Sutta and Vinaya Pitakas to the information so gleaned supplementing it literature. There is, however, one danger in examining the Strata to which each belongs as pa He has judiciously used his sources on the whi It is not possible to read too much into statemer when we have a special point to make e.g. the of excellence of the Vajjī” D iii 73 ff., cannot t State Policy', p. 144 f. The author devotes : Vajji country. He follows the footsteps of B. C and Jainism by providing notes on individual to on the kingdom of Videha and his chronologic. will be forthcoming to establish his hypotheses. secondary sources to fix his date of Mahavira's spent the Rains-residence near Vesali. The dat fixed with certainty many of the chronological less difficult to solve. The greater part of the lo for some other contribution.

fogendra Mishra, Motilal Banarasidas, , India Rs. 15/-, Foreign 30 shillings.
shing in the Hellenic world, the region north of Patna an oligarchy in the Nepali Terai witnessed an equally e Vajjian Confederacy and the other clans fringing the all was the Vajjian Republic with its capital at Vesali. a comprehensive list of all the clans inhabiting this localent developed in the greater part of Aryanised India, in this region alone. Historical reasons have yet to be ies of ancient India make passing reference to this group been undertaken. Professor Yogendra Mishra's work history of Vesali from the earliest times. The work is y, from the earliest times to circa 1300 B.C., Book II, if the Republic, circa 725 B.C., Book III, The Republic, suggested 484 B.C. In Book I, apart from the story of geography detailed by the author, which are highly is story being what they are, no systematic 'history' is both in serious scholarship such as D. R. Bhandarkar, : writers of propagandist literature have also used then Buddhist literature many of the names connected with eva, Makhädeva, Nimi, Sivi, Kalärajanaka, Sumati etc., e category as those figures contemporary with early 1 of information, often given piecemeal which again is gh and comprehensive with copious references to both ave, however, liked chapater VIII to contain a fuller
including an analysis of the situation on the information - -
arlier chapters. Book II covers less than eight pages as and the time reflected in Buddhist and Jaina literature. ix centuries. Book III constituting the major part of the Here we are most fortunate in having the numerous The author correctly points out the trustworthiness information on the Vajji, the Licchavi and other allied has very industriously examined practically all the regether with the Commentaries and has pieced together wherever possible with Sanskrit and Ardhamagadhi placing too much reliance on literary sources without rts of the same work can often be separated by centuries. ple, but at times his enthusiasm has taken him too far. its made in particular contexts reported in the Pali texts Satta-aparihdhiyadhamind of the Vajji, the seven points be justifiably identified as “the Directive Principles of a good deal of space to Buddhism and Jainism in the ... Law in the study of the period of the rise of Buddhism pics and persons in the body of the work. His remarks tl speculations are most interesting. Perhaps more data It is indeed a great pity that he had to depend on two death and the year that both Mahavira and the Buddha es themselves appear most plausible and, if they can be problems of the sixth and fifth centuries B.C. will be ing chapter XVI, pp. 194-240 could have been reserved
96
ܠ ܤܢ
___ --خخختبر

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REVE
Taken as a whole, this work provides a useful so ancient India. Much of what the author has said car Much labour has gone into this work and no scrap ofi been left out. At a time when histories of various dis prestige this book will take its place side by side with 蠶 Institute's History of Mithild, J. W. Houl
irhut and last but not the least Homage to Vaisal, w
The Pratinoksa-sitra of the Mahasing Ramakanta Misra. Published by ti Allahabad, 1956, Price Rs. 5.00.
The edition of texts found in manuscript form is field of Buddhist Sanskrit studies. Dr. Pachow and having edited the Pratinoksa-stitra of the Mahasangi a photostat copy of which was made available to these
A comparative study of Pali, Tibetan and Chinese for the understanding and interpretation of Buddhis present text has been compared with its Chinese tra Pachow, is the author ofan earlier work, A Comparativ Tibetan, Sanskrit and Pali versions, adds to the intere
In addition to the edition of the text which runs is
an appendix containing a translation of the introducto
introduction, the editors discuss the factors that pron the eight principal Sections of the text according to t moksa-Sutra. Here they discuss also the date of the c Vinaya studies of the Mahasanghika version of the P to be older than the existing Pali version. Notes rege the language of the text, a useful concordance of the r translation, the Sanskrit text of the Sarvastivadins an introduction.
Some emendations of manuscript readings | Many more could perhaps be found and, it is The reviewer offers a few examples of words i parenthesis for consideration: p. 1, vitaragaya (prajñaptāh); Viyann (viya); p. 3, ettarka (ettak: |p. 4, pramādāya (prasādāya); p. 6, sann-sanng ekāya raho); p., 8, hņipratigrtvā (pratigrhņi p. 21, jñānadalamann (jñānadarśanam), p. 22, padyeya (ornișadyeya); sūye (sūrye); ekāeraho p. 30, añgaliprao (añgulipra o); unao (una o); pūvebhaktann (pūrvabhaktaryn); o prāpasya (pl. p. 34, muñjanti (bhuñjanti); p. 42, obuddhasva
97

WS
rce-book of a secondary 11ature to the student of be utilised by the historian after careful sifting. formation, however insignificant, seems to have ricts are being compiled for purposes of national works such as R. R. Diwakar's Bihar Through the on's Bihar, the Heart of India, S. N. Singh's History hose joint editor is the author himself.
N. A. J.
hikas edited by W. Pachow and he Ganganath Research Institute,
a valuable contribution that can be made in the Mr. R. Misra, therefore, merit our gratitude for likas from a palm leaf manuscript found in Tibet, : scholars by Pandit Rahul Sankrityayana.
versions is very useful and at times indispensable t Sanskrit texts. It is satisfying to note that the nslation, and the fact that of the co-editors, Dr. e Study of the Pratinoksa on the basis of its Chinese, st of the present work.
into forty five pages, the book comprises an index, ty section of the text and an introduction. In the pted the formation of the rules, classify them in heir nature and consider the growth of the Pratiomposition of the work and assess the value in ratinoksa-sutra, which in their opinion appears rding the script employed in the manuscript and ules in the present text with those in the Chinese tid the Pali text of the Pātimokkha complete the
have been made in the edition of the text. ; hoped, incorporated in a future edition. In the text with suggested emendations in (vīta); p., 2, alatjinām (alaji); prajiptāla ); ārocethe (ārocetha); rāttasya (rātrasya); gam (saupasaggan); p. 13, ekoyaraho (eko vā); pp. 18, 20, 23, 39, Vagaņ (vagga): ady avakäse (abhy avakäše) : p. 28, abhini(ekāya raho); p. 25, khādeva (khādeya): p. 25, pāpacatikam (pācat tikam); p., 32, rāptasya); p., 33, anāttano (anāttamano); (buddhasya).
ER. H.

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UNIVERSITY C
South East Ceylon: Trends and Proh Wikkiramatileke, University of
This monograph, published as Research I University of Chicago, analyses the position of Ceylon. It is based on a thesis submitted in 1 The principal source of information for the s comprehensive. The extent of field investigati has been of necessity limited.
This monograph provides a concise analysi of the area under investigation. The problems settlement are discussed and remedies to solves contribution to geographical knowledge on Ce it will be of value to those engaged in the plai south-east is representative of agricultural Ceylc important physical en vironments, types of fari. lessons learnt here could be applied to other pa
A few inaccuracies have crept into this stud 1-the average paddy yields of the area are l
2-the peasant's surplus of paddy is sold to
Rs. 12/- to Rs. 18/– per bushel,
3-the depressed price of home grown p. controlled internal purchase scheme. The author attributes the lo W paddy yields ( practised. On the basis of the available statistic are quite high. The average yield was about 38 bushes in 1960-61 and 44 bushells in 1961-62 methods of cultivation: use of pure-line seed artificial fertiliser, Perhaps the author refers to
The highest price for peasants' paddy is offe Price Scheme at Rs. 12/- per bushel. Traders a times as low as Rs. 5/- per bushel. In turn they s even though this is a highly illegal transaction.
The Government guaranteed rate of Rs. 1. average import price of a bushel of rice is abou is actually about Rs. 24|- since two bushels of pa Therefore compared to the international marke high.
These inaccuracies are incidental and do inc of the study remains intact.

F CEYLON REVIEW
ens in Agricultural Settlement by Rudolph Dhicago, Illinois, 1963, Price S 4.00.
per No. 83 of the Department of Geography of the Igriculture and settlement in the south-east quadrant of 55 for the Ph.D. Degree of the University of logion. udy is published records. The bibliography listed is Dns carried out for the purpose of this study, however,
of the important aspects of the agricultural geography conditioned by the existing pattern of agriculture and me of them are suggested. It is therefore a very useful lon. Apart from its interest to academic geographers, ning of agriculture and settlement in the island. The in as it contains within its borders examples of the more ling and associated cultural developments. Hence the its of Ceylon.
and among them may be mentioned the following: etween 16 and 25 bushels per acre, the government or to other buyers at a price of about
iddy, which today sells at Rs. 121- per bushel on the
Df the area to the backward methods of cultivation all records it is found that the paddy yields of this area 56 bushels per acre in the agricultural year 1959-60, 2. This increase is due to the practice of improved l, transplanting, row-sowing and the application of conditions in the early fifties.
red by Government purchasing under the Guaranteed
ld middlemen pay less, the price they pay being someell this paddy to the Government at Rs. 12 - per bushch
/- per bushel of paddy is not a depressed price. The t Rs. 13/-. The guaranteed price of a bushel of rice ddy on conversion gives only about one bushel of rice. price of rice, the guaranteed price in Ceylon is quite
t affect the basic argument of the book, and the value
H. N. C. F.
98
な

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REVIE
The Public Services and the People, edit
No. 3, Colombo, 1963. Rs. 3.00.
The Public Services and the People' is the Comm Its general pattern follows that of two very successful - E and "National Planning: Schools for the Na.
variety of material in the form of articles. sate, the result this time is rather less successful. Perh; and more complicated than those hither to tackled; ce. essentially intellectual and theoretical approach (that is "The Role of the Western Educated Elite.
The discussions and contributions are confined to few of whom have any practical experience of admi strative problems discussed are viewed from one angle context of contemporary Ceylon, at a time when Colon political set-up has been seriously challenged by the p be made of the discussions and the contributions; the b they also belong to the western educated elite. It is no on the theme of the Public Services and the people, no should have been invited to participate. It thus becor gent and articulate than the common run of Top peop.
It is not surprising, therefore, that the discussions i so much like an evening in the Public Services Club. haps the conversation was tape-recorded 2 Can the recorded conversations was worth publishing 2 In the was intellectually alive, and ever so interesting; here s The theme was too practical and it demanded a wealt participated in the discussions seem to have possessed.
The articles, however, are the redeeming feature moral init-the pen is mightier than the tape-record Sinimary of the history of the public service during independence Ceylon, which forms the background as phlet are discussed. The contributions of V. A. J. particularly the latter's are both readable and stimulat experience and careful thought. Between then, these service in Ceylon, Nor are their comments confined standing of the significance of the Appleby Commissio in India. On the other hand the editor's attempt t nihilistic rejection of all constituted authority introduct from Lenin and his references to Yugoslavia. India's ( It would have been much more effective too, to have c Fabian pamphlet "Socialism and the new Despotism,' w alive to the issue of bureaucracy and the people in a w
This brings us to another theme. In a pamphlet de there is surprisingly little attempt to analyse the im economy. One of the great problems of the welfare st this process holds for the people at large. In Ceylon, of the public sector the dangers will increase. Since the it is not surprising that they tend to ignore these pro Perhaps the editor was right. Simone Weil was a ver
All the same this issue of “Community' is well w
its comments are both provocative and illuminating. “The Public Services and the People."
99
 
 

WS
'd by C. R. Hensman. Community,
unity Institute's most ambitious project so far. previous ventures, "The Role of the Western Edition, but it is bulkier than these and provides
Somehow, though the ingredients are much the
lps it is because the theme is rather more practical,
rtainly it is one which does not lend itself to that
this journal's forte) which was such a success in
a small group of Colombo-centred individuals
listration in the provinces. Hence, the admini
alone-from Colombo, not the best angle in the
bo's old importance as the centre of the country's
rovinces. An even llore serious criticisin can ulk of these men are not only Colombo-centred, t without significance that in a discussion centred member of the clerical or "minor-staff' category Ines all a matter of the Top people-more intellile-but Top people for all that
in particular have an air of unreality about them,
Perhaps there is something else at fault 2 Pereditor honestly say that this particular series of 2 "Role of the Western Educated Elite' conversation o much of it is merely pretentious and pompous. h of practical experience that few of those who
of this pamphlet, And there does seem to be ar. A.J. Wilson provides a brief and competent the British occupation of Ceylon and in postgainst which the problems surveyed in this pamSenaratne and Godfrey Gunatillake, and more ing, the obvious result of actual administrative : articles cover the major problems of the public to Ceylon; Gunatillake for one, has some underin Reports and their impact on the public service o include extracts from Simone Weil's almost as an element of artificiality. So do his extracts 'Xperience is so much the better guide for Ceylon. uoted from something like R. H. S. Crossman's
thich is altogether more practical and far more
elfare state.
voted to "The Public Services and the People' lications of bureaucracy in an underdeveloped ite is the growth of bureaucracy, and the dangers t is bad enough today, but with every extension bulk of the contributions are from bureaucrats, blems or to bury them in a mass of verbiage. y necessary corrective.
orth reading. It is intellectually stimulating and And it is, after all, the best study to date of the
K. M. de S.

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UNIVERSITY OF
Physics for the Modern World by E. N Chenistry for the Modern World by G Biology for the Modern World by C.
* Published in the serics SCIEN Book Society, London. Gec cach volume RS, 2-50.
All the three publications have a common pu Radhakrishnan, President of the Republic of India "the new powers which science and technology ha for shaping our life for good or evil. If rightly and a better human life for the individual and soc truction'. Then he goes on to stress the fact that to use such powers for betterment or destruction o man and woman should be given an education wi inclusion of methods and achievements of science of science has been felt on every living being no c basic ideas about science. The Science Today publ cation in Science in a rapidly advancing world of up to expectations is rather doubtful.
The authors of all three books, Physics for the inistry for the Modern VVorld, are all undisputedly a the subjects is reflected in their ability to put acro date information on science. Nevertheless, it is intelligible to the average (even the one with onl reader of these books. This is a failing most obv the other two.
A fitting criticism to all three books is that the information they attempt to impart need more el This is so marked in Physics for the Modern World, the author had attempted to glance over the whole ficial manner. The perusal of the book by a nov The use of concepts and even technical terms at Sc book less instructive than it would otherwise have with a certain amount of understanding and insigh of treatment renders the book less inspiring and ev
Chemistry for the Modern World is of a less sop sentation of subject matter. It starts with a desc elements and passes through Solids, Liquids, and G an arrangement very well suited. Such a prior understanding of atomic structure easier. Several for the average reader. The inclusion of the thre Energy, and Chemistry as a Servant of Man, has selection of topics of common interest such as air chemistry of these has been explained with the aver World Seems to have succeeded more in achieving Chemistry of the Organic World which is an atter a limited space needs little more elaboration, in pa chapter on Chemistry as a Servant of Man is very a technical book could be to the ordinary reader. plastics, rubber, dyes and drugs to fertilizers, explc of alcohol has received attention. On these point two, as a supplementary reader on Chemistry.

CEYLON REVIEW
N. da C. Andrade-1963, 98 pp, 20 fig. eorge Porter-1963, Illustrated, 116 pp. H. Waddington - 1963, 120 pp, 21 fig.
CE TODAY by the English Language }rge G. Harrap & Co. Ltd. — Price of
rpose. This is explicit in the remarks of Sir Sarvepalli , in his coullinon foreward to then. He observes that ve put into our hands have increased vastly our capacity lsed, these powers can give us strength, a full freedom iety. If abused, they can bring about chaos and desthe present time "is a period of testing man's ability fhumanity. In this crucial age of decision the average nich can be regarded as balanced. Balanced, with the into their education. In a world where the impact ine can afford to be completely ignorant of at least the ications are intended for providing such general edulscience and technology. Whether these books keep
Modern V World, Biology för "the Modern World, and CheLuthorities in the respective fields. Their command of SS some of the most modern scientific ideas and up to uncertain whether the authors have made themselves ly a limited background knowledge of these subjects) ious in Physics for the Modern World but less marked in
authors have ignored the fact that some of the Scientifia aboration than what has been provided in the books. it leaves the impression in the mind of the reader that, 2 of physics including atomic physics in rather a superice to physics leaves a number of problems unsolved. Dme places without prior explanatory notes makes the been. However it is tenacious enough to read through it to develop aliking to the subject. High technicality 'en dull to read.
histicated nature and follows a logical sequence of preiption of atoms and molecules of the more common lases, before coming to discuss the Structure of Atoms; knowledge about physical status of matter makes the features of the book has rendered it a worth while book 2 chapters Chemistry of the Organic World, Chemical enhanced its value in that direction. There is a fair , salts, the earth, metals, glass and gemstones. The age readerin mind. Hence the Chemistry for the Modern the objects of producing this series. The chapter on apt to explain a subject of a complicated nature, within rticular, the section on the chemistry of proteins. The fascinating and has rendered the book less prosaic than Topics included range from the chemistry of fibre, isives, soap and water, Brewing and the manufacture is Chemistry for the Modern World scores over the other
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Biology for the Modern World has the disadvant of heredity, a subject which often baffles the ave prising for an author who himself is a geneticist t But from the general reader's point of view this a the author has succeeded in his endeavour but at th
Frogn genetics, the book passes on to develo inheritance. A better arrangement could have be as found in chapter three followed by Animal Be Development, and Genetics or the Science of He final chapter which is on Evolution.
Something noticeable throughout the book. explained satisfactorily while several others need explanation as illustrated below are evident. “Suc It is known that this consists of minute alteration mutation is found elsewhere in the book. But, mut mosome . A vague definition of a cell as "drop book of this nature.
The chapter on Evolution has received satis. “the Evolution of the Horse family' is very clear. the useful function envisaged by the author. Th as a supplementary reader.
Although some shortcomings of the kind me have succeeded in bringing into focus most up to c less scientifically minded reader. They also serve The superior production as well as the low price
hata Vahale Nil Ahasayi by Eva
Gampaha (1963), pp. 55; Price, R
Ihata Vahale Nil Ahasayi can be introduced the authoress attempts here to portray in dramat poor and helpless family displaced due to the wr class, and the situations that arise out of this confli light the travails of the wretched poor, and to en that in many places they tire the reader.
A striking feature of the language and the c and emphatically stated verbally. Nothing is lef ful in making use of the element of suggestion,th by the intervening commentary of the vinakara mentioned, the tone of the play gives the reade: perhaps, this would account for the simple and st cations of either total good or total evil.
The reader is also inclined to think whether makes use of his presence on the scene to sing hi the purport of the context) is not incongruous witl claims to be non-stylized. Though occidental i scent of the commentator, so familiar to stylized
As a simple play, Ihata Vahale Nil Ahasayi full use of the familiar theme, and on the stage, ti for whom it is intended.

/IEWS
ge of beginning with the topic genetics or the science age student of Biology. Nevertheless, it is not surb construe a thesis of Biology on the basis of genetics. ppears to be an over ambitious attempt. Apparently, e cost of lucidity and clarity for the average reader.
pment of organisms on the basis of such concepts as an to begin with the topic Structure of Living Things, haviour, Living Communities, Sex and Reproduction, redity. The last should serve a logical prelude to the
is that certain concepts and technical terms have been more elaboration. Ambiguity and lack of sufficient h heritable differences arise by a process called mutation. in a chromosome' (p. 17). No further explanation on ation is much more than a 'minute alteration in a chrolets of living substance' (p. 3), cannot be justified in a
actory treatment and the illustrations quoted for e.g. On the whole Biology for the Modern World can serve lis remains in par with Chemistry for the Modern World
ntioned above are evident in all three publications they late advances in these sciences in a form accessible to the well as supplementary readers to the student of science. deserve comment.
R. R.
Ranaweera, Navaloka Mudranalaya, S. 2.00.
as a short playlet based on a social problem. What sic form is a familiar social event—i.e. the story of a ath and intolerance of the rich and influential wealthy ct. The authoress makes recurrent attempts to spotnphasize their woes and disappointments so much so
onstruction of the play is that everything is glaringly t for suggestion. Even where the author was successe effect is marred by making everything explicit again ya-the fiddler. On the whole, though not expressly r the impression that it is meant for children. And ereotyped nature of the characters who are personifi
the character of the vinakaraya-the fiddler-(who is philosophy of life, and to drive home to the reader 1 a narrative dialogue play of this type, which expressly in concept, the particular character is strongly reminidrama of the orient.
provides interesting reading. The authoress makes he play would certainly appeal to the class of audience
G.W.
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by R. L. de Alwis. Printer to the University, Librarian, University of Ceylon.