Dhamma Principles › The Four Kinds of Legal Issue: Know What Kind of Problem You Have
The Four Kinds of Legal Issue: Know What Kind of Problem You Have
Practice

The Four Kinds of Legal Issue: Know What Kind of Problem You Have

Cattārīmāni bhikkhave adhikaraṇāni

The Vinaya sorts the matters a Saṅgha must deal with into four kinds: disputes over what is right, accusations that someone did wrong, offences actually committed, and duties the community must carry out, together with the roots of each. It helps to separate the issues before trying to solve them.

8 points

In the Samathakkhandhaka of the Cullavagga, Vinaya Piṭaka, monks and nuns were quarrelling with each other, and the monk Channa took the nuns' side and quarrelled with the monks. The Buddha rebuked this and said there are four kinds of legal issue (adhikaraṇa): legal issues arising from disputes, from accusations, from offences, and from duties.

An adhikaraṇa here means a matter the Saṅgha must take up and settle. The Vinaya goes on to explain what each one is, what its roots are, how it can be wholesome, unwholesome or indeterminate, and by which methods of settlement it is resolved.

All these details are rules for the monastic Saṅgha. The Vinaya itself says that disputes or accusations between mother and son, father and son, brother and sister, or friend and friend are not adhikaraṇa in this sense. But the principle of sorting out what kind of matter you are dealing with before solving it works well for conflict in families, workplaces and communities.

  1. 1

    Disputes: arguing over what is right Vivādādhikaraṇaṃ

    Monks dispute whether something is Dhamma or not, Vinaya or not, spoken, practised or laid down by the Tathāgata or not, an offence or not, a light or heavy offence, an offence with or without remainder, a grave offence or not. The quarrelling, contention and fixation on these points is called a legal issue arising from dispute.

    Applying it in daily life

    When arguing about principles or ways of working, first agree that you are discussing "what is right", not "who is wrong".

  2. 2

    Accusations: claiming someone did wrong Anuvādādhikaraṇaṃ

    Monks accuse a monk of failure in morality, conduct, view or livelihood. The accusing, charging, going along with it and adding weight to the accusation is called a legal issue arising from accusation.

    Applying it in daily life

    Before accusing someone, state clearly what you are accusing them of and what evidence you have, and be careful not to add weight to someone else's accusation when you don't know the facts.

  3. 3

    Offences: wrongs already committed Āpattādhikaraṇaṃ

    The five or seven classes of offence are called a legal issue arising from offences. Their roots are the six origins of offences, arising through body, speech, or together with mind in various ways. The Vinaya distinguishes an offence committed knowingly and deliberately, which is unwholesome, from one committed without knowing or intending, which is indeterminate.

    Applying it in daily life

    Separate deliberate wrongs from unintended mistakes. Both need fixing, but the people involved shouldn't be judged with the same weight.

  4. 4

    Duties: what the community must do Kiccādhikaraṇaṃ

    The duties the Saṅgha must carry out together, the formal acts from an act by informing to an act with a motion and three announcements, are called a legal issue arising from duties. Its single root is the Saṅgha. Duties a student performs for a teacher or preceptor do not count as a legal issue.

    Applying it in daily life

    A group decision also has to follow a proper process. If the process is unclear, even a good decision can become the cause of a new conflict.

  5. 5

    Six roots of dispute and accusation Cha vivādamūlāni

    The roots of disputes and accusations are being angry and resentful, contemptuous and domineering, envious and stingy, deceitful and hypocritical, having evil wishes and wrong view, and clinging to one's own views and letting go with difficulty. Such a person lacks respect for the Teacher, the Dhamma and the Saṅgha and creates disputes in the Saṅgha. If you see these roots in yourself or others, strive to abandon them; if you don't, practise so they do not flow in later.

    Applying it in daily life

    Before blaming the other side for starting it, ask yourself whether lingering anger, envy or attachment to your own ideas is mixed into this matter.

  6. 6

    Arguing with an unwholesome or a wholesome mind Tīṇipi akusalamūlāni

    The Vinaya says the roots of disputes and accusations include the three unwholesome roots, acting with a mind of greed, hatred or delusion, and the three wholesome roots, acting with a mind free of greed, hatred and delusion. So disagreeing or pointing out a fault can come from a good mind.

    Applying it in daily life

    Raising a concern with a colleague is not wrong. Before speaking, ask yourself whether you want the work to improve, or want to win.

  7. 7

    Accused because of appearance or speech Kāyopi anuvādādhikaraṇassa mūlaṃ

    The Vinaya says body and speech can also be roots of accusation: some monks are ugly, small, often ill, blind, lame or paralysed, others speak badly or unclearly, and they are accused with reference to these things.

    Applying it in daily life

    Notice whether you find fault with or suspect someone more readily just because of their looks, accent or disability.

  8. 8

    Each kind has its own settlement Katīhi samathehi sammati

    Legal issues arising from disputes are settled by resolution face-to-face and by majority decision. Those arising from accusations are settled face-to-face, by resolution through mindfulness, by resolution for past insanity, and by further penalty. Those arising from offences are settled face-to-face, by acting on acknowledgement, and by covering over with grass. Those arising from duties are settled face-to-face alone.

    Applying it in daily life

    Arguments over what is right are settled by talking together and reaching agreement; accusations need the facts checked; wrongs already done are settled by owning them. Don't use one method for everything.

Try it in daily life

Many conflicts never end because several different matters are mixed into one conversation. A team argues over which method is right (a dispute), someone says another person made a mistake (an accusation), the actual error has not been owned by anyone (an offence), and a decision the group must make together is left hanging (a duty).

Try opening any difficult conversation by asking: what kind of matter is this? Then take one at a time. Each kind needs a different approach, and using the method for one kind on another usually makes things worse.

It is also worth remembering that the Vinaya does not treat argument as always bad. Some people argue with minds free of greed, hatred and delusion. What matters is the mind behind the argument more than the argument itself.

Sign in to keep track of what you have read

Sources in the Tipiṭaka

Tap to read the actual passage on the page cited.

Other principles worth reading

Log in to earn 40 merit points for reading this page