Thai Legal History

The first book to provide a broad coverage of Thai legal history in the English language.

Thailand’s 2023 election results energised some Thais and traumatised others. Voters and analysts alike were astonished that a youthful party aiming to transform the country won the most seats, though not a majority. The Move Forward party wanted to de-militarise society and politics, de-centralise government administration, de-monopolise the economy, and curb the ideological, political, and financial power of the monarchy. For decades, Thai politics had revolved around two big questions: Do you support the charismatic Thaksin Shinawatra and his populist Pheu Thai party? Do you support military supervision of politics? Thaksin and the military—once enemies—now had a common foe. Relying on military-appointed senators, they formed a coalition government that pushed Move Forward into the parliamentary opposition. Move Forward’s challenge is to broaden support for its progressive agenda before the next election. That’s a scary prospect for Thaksin and the military because, according to the current constitution, next time they won’t be able to rely on unelected senators to rescue them. The revised edition of this book describes the historical context of these momentous events and trends and shares insights into the social and cultural undercurrents that shape Thai politics. Informed by the latest research, it is an accessible introduction for the general reader, while also offering much to those who want to know more about Thailand’s political dynamics.

The Thai people have had a written legal code for at least 500, and possibly 1000 years. This book details that traditional code and its regional variants, prior to its recasting into Western form in 1880.

This book contains the first academic translations of key legal texts from the Ayutthaya era (1351–1767), along with an essay on the role of law in Thai history. The legal history of Southeast Asia has languished because few texts are accessible in translation. The Three Seals Code is a collection of Thai legal manuscripts surviving from the Ayutthaya era. The Palace Law, probably dating to the late fifteenth century, was the principal law on kingship and government. The Thammasat, a descendant of India's dharmasastra, stood at the head of the Code and gave it authority. Here these two key laws are presented in English translation for the first time along with detailed annotations and analyses of their content. The coverage of family arrangements, court protocol, warfare, royal women, and ceremonial conduct in the Palace Law presents a detailed portrayal of Siamese kingship, reaching beyond terms such as devaraja, thammaraja, and cakravartin. Close analysis of the Thammasat questions the assumption that this text has a long-standing and fundamental role in Thai legal practice. Royal lawmaking had a large and hitherto unappreciated role in the premodern Thai state. This book is an important contribution to Thai history, Southeast Asian history, and comparative legal studies.

Smuggling along the Chinese coast has been a thorn in the side of many regimes. From opium and weapons concealed aboard foreign steamships in the Qing dynasty to nylon stockings and wristwatches trafficked in the People’s Republic, contests between state and smuggler have exerted a surprising but crucial influence on the political economy of modern China. Seeking to consolidate domestic authority and confront foreign challenges, states introduced tighter regulations, higher taxes, and harsher enforcement. These interventions sparked widespread defiance, triggering further coercive measures. Smuggling simultaneously threatened the state’s power while inviting repression that strengthened its authority. Philip Thai chronicles the vicissitudes of smuggling in modern China—its practice, suppression, and significance—to demonstrate the intimate link between illicit coastal trade and the amplification of state power. China’s War on Smuggling shows that the fight against smuggling was not a simple law enforcement problem but rather an impetus to centralize authority and expand economic controls. The smuggling epidemic gave Chinese states pretext to define legal and illegal behavior, and the resulting constraints on consumption and movement remade everyday life for individuals, merchants, and communities. Drawing from varied sources such as legal cases, customs records, and popular press reports and including diverse perspectives from political leaders, frontline enforcers, organized traffickers, and petty runners, Thai uncovers how different regimes policed maritime trade and the unintended consequences their campaigns unleashed. China’s War on Smuggling traces how defiance and repression redefined state power, offering new insights into modern Chinese social, legal, and economic history.

This is the first book to provide a broad coverage of Thai legal history in the English language. It deals with pre-modern law, the civil law reforms of the late 19th and early 20th centuries, and the constitutional developments post-1932. It reveals outstanding scholarship by both Thai and international scholars, and will be of interest to anyone interested in Thailand and its history, providing an indispensable introduction to Thai law and the legal system. The civil law reforms are a notable focus of the book, which provides material of interest to comparative lawyers, especially those interested in the diffusion of the civil law.

This book explores the basics of the defamation law as it applies to private-sphere defamation and looks at the peculiar permutations created by the use of public-sphere defamation laws in Thailand, particularly in terms of creating and protecting a nationalist identity.

Following a 1932 coup d’état in Thailand that ended absolute monarchy and established a constitution, the Thai state that emerged has suppressed political dissent through detention, torture, forced reeducation, disappearances, assassinations, and massacres. In Plain Sight shows how these abuses, both hidden and occurring in public view, have become institutionalized through a chronic failure to hold perpetrators accountable. Tyrell Haberkorn’s deeply researched revisionist history of modern Thailand highlights the legal, political, and social mechanisms that have produced such impunity and documents continual and courageous challenges to state domination.