Notes
Author's Note: I want to express my sincere appreciation to my young colleagues and friends at Thammasat Law Faculty who assisted me devotedly in various ways in preparation of this article – among others, Mr.
Pichet Maolanond who helped me from the beginning and Mr. Kittisak Prokati and Mr. Kamolmit Wuttichamnong both of whom assisted at the final stage.1 The Uttalum case is one arising from the complaint brought by an intransigent son against his parent.
2 In his public lecture delivered at Thammasat University on 14 August 1950, Lingat correctly mentioned adjudication of the disputes within the family without resorting to the Royal Court, during the Ayudaya period.
3 It should be understood that the Royal Ordinances issued by a King were effective only during his reign; see Lingat, 1935: 52–53.
4 The Dharmasastra prescribes that the King shall listen to the custom, usage, and equity every day.
5 Law on the Reception of Plaints, Section 2.
6 Royal Ordinances, Section 3, which was issued to replace old laws during the reign of King Rama I.
7 Royal Ordinance on Miscellaneous Laws, Section 153.
8 Kharma means literally “an act,” but the implication here is that even though the person's death is sorrowful, no one can be blamed for it. The victim's death must therefore be the result of some sinful act which he himself had committed previously.
9 Royal Ordinance on Old Law, Clause 36.
10 Instances of the decisions of the Thai Royal Court can be found in Collection of Royal Decisions on Cases of King Rama I in part of the Code of Rama I.
11 The words “modern” and “traditional” have not settled meanings and are still subject to controversy in academic circles (see Chiba, 1980). Despite some objections, I think they are still useful in enabling us to understand the problems to be discussed.
12 The switch from the French type to the German type was narrated vividly by Phaya Manavarajsevi in “Recorded Interview of Phaya Manavarajsevi” mimeo, on file at Thammasat University.
13 The first Thai Penal Code was promulgated in 1907 and replaced by the present one of 1956. The process of Thai codification was completed with the promulgation of the last two books of the Civil and Commercial Code, the Code of Civil Procedure and the Code of Criminal Procedure in 1934 (1478 B.E.).