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Papers by Richard Whitecross

Research paper thumbnail of Transgressing the Law: Karma, Theft and Its Punishment

All in-text references underlined in blue are linked to publications on ResearchGate, letting you... more All in-text references underlined in blue are linked to publications on ResearchGate, letting you access and read them immediately.

Research paper thumbnail of Zhabdrung's legacy : state transformation, law and social values in contemporary Bhutan

Research paper thumbnail of In the shadow of the Commonwealth: legal education and democratisation in Bhutan

Bhutan, located to the north east of India is not part of the Commonwealth. However, during the e... more Bhutan, located to the north east of India is not part of the Commonwealth. However, during the early 20th century the British colonial administration developed close ties with Bhutan. During the first part of the twentieth century the newly established monarchy focussed on consolidating its power. In the second, major economic and social reforms were introduced by the third king. These reforms included the creation of the High Court. However, it was not until the early 1990s that the need for legal education was recognised by the Bhutanese state. Since the early 1990s, Bhutanese graduates have been sent to study law in India. A National Legal Course was designed to provide training in Bhutanese law. However, increasing numbers of Bhutanese students have studied in India and subsequently, funding permitting, studied for LLMs in Canada, Australia, the Netherlands, the US and the UK. The appearance of the first cohort of formally educated lawyers created the basis for reforms to the B...

Research paper thumbnail of The role of medical and legal professions in Lean improvement

Research paper thumbnail of Transgressing the Law: Karma, Theft and Its Punishment

formally decreed the abolition of capital punishment (gzhung khrims) in the Himalayan kingdom of ... more formally decreed the abolition of capital punishment (gzhung khrims) in the Himalayan kingdom of Bhutan. The rationale for the abolition after a series of major debates in the National Assembly during the 1990s and the early years of this century was that “…the implications of capital punishment, in Bhutanese law, is seen as a contradiction both from a religious and legal perspective … Bhutan being a Buddhist nation, capital punishment is seen as a contradiction to the basic doctrines of Buddhism.”(Kuensel 2004).2 Until March 2004, certain acts of theft were potentially punishable by death. In this paper, I combine an analysis of Bhutanese texts with ethnographic research to examine the relationship between Buddhist doctrines and Bhutanese laws in relation to theft between the seventeenth and twenty first centuries. To do this involves tracing the shift from the theocracy established during the early seventeenth century by the Drukpa Kagyu hierarch, Zhabdrung Ngawang Namgyal to the ...

Research paper thumbnail of Bhutan in 2020

Asian Survey, 2021

The year 2020 in Bhutan was dominated by the coronavirus pandemic, a decline in state revenues, a... more The year 2020 in Bhutan was dominated by the coronavirus pandemic, a decline in state revenues, and territorial claims by China. In 2019, Bhutan’s strong economy suggested that the country would graduate from the least developed country category in 2023. The economic impact of the coronavirus pandemic on the economy makes this less certain.

Research paper thumbnail of Child Welfare Hearing Reports: A Scoping Study on the Commissioning, Preparation and Use of Bar Reports

A study of the use of Child Welfare Reports in Child Welfare Hearings in Scottish Sherifff Courts.

Research paper thumbnail of Embedding PDP in the LLB

Research paper thumbnail of Transgressing the Law: Karma, Theft and Its Punishment

A historical, legal study of the concept of theft in Bhutanese religious and legal thought.

Research paper thumbnail of Towards a Sustainable DBA Model at Edinburgh Napier University

Research paper thumbnail of Exploring the potential for improvement – the legal sector in Scotland, professional identity and Lean

Research paper thumbnail of Signs of the Degenerate Age: the Desecration of Chorten and Lhakhang in Bhutan

The events discussed focus on a major issue, which has caused widespread concern amongst both the... more The events discussed focus on a major issue, which has caused widespread concern amongst both the government and the ordinary people. As if to reinforce the significance of the chorten and lhakhang in Bhutan, there have been several recent examples which highlight their importance. One photograph in Kuensel showed a new “Enlightenment Stupa” erected by high school children at Daga High School to mark the Silver Jubilee in 1999. More recently, in late December 1999, the Khamsum Yuelly Namgyel chorten was formally consecrated in Punakha valley. It’s purpose to “help remove negative forces and promote peace, stability and harmony in a changing world”.

Research paper thumbnail of Of Texts and Drama: Delivering Justice in Bhutan

This paper presents a short history of the development of legal texts in Bhutan with some analysi... more This paper presents a short history of the development of legal texts in Bhutan with some analysis of how the later texts reflect the globalized language of the rule of law refracted through recent attempts to anchor and legitimize Bhutanese court process with cultural imagery. It then moves to a discussion of religious cultural imagery and its recent fascinating use in the legal system, a change that has occurred in just the last twenty years. This imagery in the form of huge masks in the courtrooms comes from a key drama enacted throughout Bhutan at the annual tshechu (religious festivals) depicting the judgement of the dead by Yama, Lord of the Dead. The paper argues that the role and meaning of religious belief and its presence in the judicial sphere needs to be examined and re-examined in each context for its presence and use. Building on Brown (2015) the paper argues that we need to consider the different worldviews expressed in different periods, as reflected in the texts exa...

Research paper thumbnail of Law, “Tradition” and Legitimacy: Contesting Driglam Namzha

Contemporary South Asian Studies, 2017

During the 1990s, the High Court of Justice played a significant role in the promotion of Bhutane... more During the 1990s, the High Court of Justice played a significant role in the promotion of Bhutanese culture, intertwining the development of the Bhutanese legal system with Bhutanese cultural traditions. Notably, the Research Unit of the High Court of Justice actively researched Bhutanese cultural traditions and incorporated them into the development of judicial proceedings, the legal education of the emerging cadre of legally trained judges and the iconography of the court rooms and court buildings. This chapter focusses on driglam namzha. Driglam namzha or code of discipline or conduct was introduced by the founder of Bhutan, the Zhabdrung Ngawang Namgyal, in the seventeenth century. Practised in the main administrative centres, dzongs, and maintained with the emergence of the monarchy in 1907, it appeared to decline in importance during the 1960s and 1970s as Bhutan experienced major social, political and economic changes. However, it re-emerged in debates about culture and concerns over perceived threats to Bhutanese cultural identity. The discourses around driglam namzha provide an important vantage point from which to examine law, tradition and legitimacy in Bhutan. The parallel development of the legal system and the role of the National Assembly trace the legal and political development of Bhutan during a period of its history when it began to increasingly engage with outside pressures. Central to this process of engaging with international legal concepts is the role of Bhutanese law as it has been shaped over the last 20 years and integral to the process of defining Bhutan in the twenty-first century.

Research paper thumbnail of Bhutan in 2019

Asian Survey

Bhutan in 2019 was dominated by the change of government in late 2018, better diplomatic relation... more Bhutan in 2019 was dominated by the change of government in late 2018, better diplomatic relations with India, and cultivation of relations with China. The economy was strong, with the country due to graduate from least developed country status in 2023, though unemployment is a concern.

Research paper thumbnail of “Like a Pot without a Handle”: Law, Meaning and Practice in Medieval Bhutan

Research paper thumbnail of Section 11 Orders and the “Abuse” Provisions: Family Lawyers’ Experience and Understanding of Section 11(7A)-(7E)

Research paper thumbnail of Article 3 and Adoption in and from India and Nepal

Implementing Article 3 of the United Nations Convention on the Rights of the Child, 2000

Research paper thumbnail of Virtuous Beings": The Concept of tha damtshig and Being a Moral Person in Contemporary Bhutanese Society

Himalaya the Journal of the Association For Nepal and Himalayan Studies, 2010

Research paper thumbnail of The Thrimzhung Chenmo and the Emergence of the Contemporary Bhutanese Legal SYSTEM1

Research paper thumbnail of Transgressing the Law: Karma, Theft and Its Punishment

All in-text references underlined in blue are linked to publications on ResearchGate, letting you... more All in-text references underlined in blue are linked to publications on ResearchGate, letting you access and read them immediately.

Research paper thumbnail of Zhabdrung's legacy : state transformation, law and social values in contemporary Bhutan

Research paper thumbnail of In the shadow of the Commonwealth: legal education and democratisation in Bhutan

Bhutan, located to the north east of India is not part of the Commonwealth. However, during the e... more Bhutan, located to the north east of India is not part of the Commonwealth. However, during the early 20th century the British colonial administration developed close ties with Bhutan. During the first part of the twentieth century the newly established monarchy focussed on consolidating its power. In the second, major economic and social reforms were introduced by the third king. These reforms included the creation of the High Court. However, it was not until the early 1990s that the need for legal education was recognised by the Bhutanese state. Since the early 1990s, Bhutanese graduates have been sent to study law in India. A National Legal Course was designed to provide training in Bhutanese law. However, increasing numbers of Bhutanese students have studied in India and subsequently, funding permitting, studied for LLMs in Canada, Australia, the Netherlands, the US and the UK. The appearance of the first cohort of formally educated lawyers created the basis for reforms to the B...

Research paper thumbnail of The role of medical and legal professions in Lean improvement

Research paper thumbnail of Transgressing the Law: Karma, Theft and Its Punishment

formally decreed the abolition of capital punishment (gzhung khrims) in the Himalayan kingdom of ... more formally decreed the abolition of capital punishment (gzhung khrims) in the Himalayan kingdom of Bhutan. The rationale for the abolition after a series of major debates in the National Assembly during the 1990s and the early years of this century was that “…the implications of capital punishment, in Bhutanese law, is seen as a contradiction both from a religious and legal perspective … Bhutan being a Buddhist nation, capital punishment is seen as a contradiction to the basic doctrines of Buddhism.”(Kuensel 2004).2 Until March 2004, certain acts of theft were potentially punishable by death. In this paper, I combine an analysis of Bhutanese texts with ethnographic research to examine the relationship between Buddhist doctrines and Bhutanese laws in relation to theft between the seventeenth and twenty first centuries. To do this involves tracing the shift from the theocracy established during the early seventeenth century by the Drukpa Kagyu hierarch, Zhabdrung Ngawang Namgyal to the ...

Research paper thumbnail of Bhutan in 2020

Asian Survey, 2021

The year 2020 in Bhutan was dominated by the coronavirus pandemic, a decline in state revenues, a... more The year 2020 in Bhutan was dominated by the coronavirus pandemic, a decline in state revenues, and territorial claims by China. In 2019, Bhutan’s strong economy suggested that the country would graduate from the least developed country category in 2023. The economic impact of the coronavirus pandemic on the economy makes this less certain.

Research paper thumbnail of Child Welfare Hearing Reports: A Scoping Study on the Commissioning, Preparation and Use of Bar Reports

A study of the use of Child Welfare Reports in Child Welfare Hearings in Scottish Sherifff Courts.

Research paper thumbnail of Embedding PDP in the LLB

Research paper thumbnail of Transgressing the Law: Karma, Theft and Its Punishment

A historical, legal study of the concept of theft in Bhutanese religious and legal thought.

Research paper thumbnail of Towards a Sustainable DBA Model at Edinburgh Napier University

Research paper thumbnail of Exploring the potential for improvement – the legal sector in Scotland, professional identity and Lean

Research paper thumbnail of Signs of the Degenerate Age: the Desecration of Chorten and Lhakhang in Bhutan

The events discussed focus on a major issue, which has caused widespread concern amongst both the... more The events discussed focus on a major issue, which has caused widespread concern amongst both the government and the ordinary people. As if to reinforce the significance of the chorten and lhakhang in Bhutan, there have been several recent examples which highlight their importance. One photograph in Kuensel showed a new “Enlightenment Stupa” erected by high school children at Daga High School to mark the Silver Jubilee in 1999. More recently, in late December 1999, the Khamsum Yuelly Namgyel chorten was formally consecrated in Punakha valley. It’s purpose to “help remove negative forces and promote peace, stability and harmony in a changing world”.

Research paper thumbnail of Of Texts and Drama: Delivering Justice in Bhutan

This paper presents a short history of the development of legal texts in Bhutan with some analysi... more This paper presents a short history of the development of legal texts in Bhutan with some analysis of how the later texts reflect the globalized language of the rule of law refracted through recent attempts to anchor and legitimize Bhutanese court process with cultural imagery. It then moves to a discussion of religious cultural imagery and its recent fascinating use in the legal system, a change that has occurred in just the last twenty years. This imagery in the form of huge masks in the courtrooms comes from a key drama enacted throughout Bhutan at the annual tshechu (religious festivals) depicting the judgement of the dead by Yama, Lord of the Dead. The paper argues that the role and meaning of religious belief and its presence in the judicial sphere needs to be examined and re-examined in each context for its presence and use. Building on Brown (2015) the paper argues that we need to consider the different worldviews expressed in different periods, as reflected in the texts exa...

Research paper thumbnail of Law, “Tradition” and Legitimacy: Contesting Driglam Namzha

Contemporary South Asian Studies, 2017

During the 1990s, the High Court of Justice played a significant role in the promotion of Bhutane... more During the 1990s, the High Court of Justice played a significant role in the promotion of Bhutanese culture, intertwining the development of the Bhutanese legal system with Bhutanese cultural traditions. Notably, the Research Unit of the High Court of Justice actively researched Bhutanese cultural traditions and incorporated them into the development of judicial proceedings, the legal education of the emerging cadre of legally trained judges and the iconography of the court rooms and court buildings. This chapter focusses on driglam namzha. Driglam namzha or code of discipline or conduct was introduced by the founder of Bhutan, the Zhabdrung Ngawang Namgyal, in the seventeenth century. Practised in the main administrative centres, dzongs, and maintained with the emergence of the monarchy in 1907, it appeared to decline in importance during the 1960s and 1970s as Bhutan experienced major social, political and economic changes. However, it re-emerged in debates about culture and concerns over perceived threats to Bhutanese cultural identity. The discourses around driglam namzha provide an important vantage point from which to examine law, tradition and legitimacy in Bhutan. The parallel development of the legal system and the role of the National Assembly trace the legal and political development of Bhutan during a period of its history when it began to increasingly engage with outside pressures. Central to this process of engaging with international legal concepts is the role of Bhutanese law as it has been shaped over the last 20 years and integral to the process of defining Bhutan in the twenty-first century.

Research paper thumbnail of Bhutan in 2019

Asian Survey

Bhutan in 2019 was dominated by the change of government in late 2018, better diplomatic relation... more Bhutan in 2019 was dominated by the change of government in late 2018, better diplomatic relations with India, and cultivation of relations with China. The economy was strong, with the country due to graduate from least developed country status in 2023, though unemployment is a concern.

Research paper thumbnail of “Like a Pot without a Handle”: Law, Meaning and Practice in Medieval Bhutan

Research paper thumbnail of Section 11 Orders and the “Abuse” Provisions: Family Lawyers’ Experience and Understanding of Section 11(7A)-(7E)

Research paper thumbnail of Article 3 and Adoption in and from India and Nepal

Implementing Article 3 of the United Nations Convention on the Rights of the Child, 2000

Research paper thumbnail of Virtuous Beings": The Concept of tha damtshig and Being a Moral Person in Contemporary Bhutanese Society

Himalaya the Journal of the Association For Nepal and Himalayan Studies, 2010

Research paper thumbnail of The Thrimzhung Chenmo and the Emergence of the Contemporary Bhutanese Legal SYSTEM1