Why Is the Precept Against Sexual Misconduct Related to Public Order and Good Morals?

The precept against sexual misconduct in the Five Precepts refers to illicit sexual behavior; non-illicit sexual conduct is right sexual conduct. The Five Precepts prohibit illicit sexual conduct but do not prohibit right sexual conduct. What constitutes right sexual conduct? It is behavior permitted by national laws and regulations, in accordance with social customs and lawful practices, specifically normal sexual relations between legally married spouses.

So, what constitutes marriage and who are considered spouses? In modern society, marriage or legal spouses generally refer to a man and woman who have been approved by the national civil affairs bureau and issued a marriage certificate, which is considered formal marriage. The civil affairs bureau acts as the officiant, and the couple who form a family unit are considered spouses.

What about couples living together without a marriage certificate? Do they count as married spouses? If a man and woman live together without violating legal and moral norms, they can be considered married spouses. If a couple obtains a divorce certificate through a sham divorce but continues to live together, are they still considered spouses? In principle, if they do not violate legal and moral norms, they may still be considered spouses without objection from others, though they might lose some related benefits. This shows that a marriage certificate publicly formalizes the relationship in society, acting like a permit. However, even without a marriage certificate, a marriage may exist in practical terms. As long as it does not violate social moral norms, they can be considered spouses, and their sexual relations are right sexual conduct. Thus, in Jambudvipa (the human world), what is considered right or wrong is defined by factors such as social recognition, parental and familial approval, folk customs, and moral norms.

Modern society also has arranged marriages. In the past, there were forced marriages, marriages by purchase, and the practice of child brides. Even if the individuals involved were unwilling, their elders or influential figures could decide for them, after which the marital relationship was publicly recognized. In ancient societies, without civil affairs bureaus or marriage certificates, how were spouses and marriages defined? Ancient societies relied on parental arrangements and matchmakers' words, with marriage requiring elaborate ceremonies. These ceremonies served a public announcement function; once the public was aware, the spousal relationship was established, regardless of the individuals' opinions.

Therefore, sexual relations within such a relationship were deemed legitimate. Conversely, even if a man and woman deeply desired each other, any sexual conduct outside such a recognized relationship was considered illicit and condemned by society. The definitions of right and wrong are framed by the public, elders, and influential figures, and the surface definition might not align with the actual moral reality. Buddhist precepts must account for both the apparent and actual situations. If conflicts arise, the ultimate judgment is based on the mental conduct of both parties. However, if individuals accept an existing marriage but engage in extramarital relations, regardless of their feelings or intentions, it is considered adultery.

So-called marriage and spousal relationships require social recognition and public witness; otherwise, they are not considered valid. Marriage depends on social acknowledgment; the relationship must be public to be legal. The attitude of the individuals themselves is not the primary factor. Thus, what is deemed lawful or unlawful depends entirely on the collective mindset of the public—this is vain talk. What society recognizes is considered right; what it does not recognize is considered wrong or illicit. This is called public order and good customs.

Yet, these public order and good customs are fundamentally unreasonable. Matters that should concern only two individuals become everyone's business, society's affair. Sometimes, two people do not consent, but if everyone else approves, they are forced into a family unit, and their sexual relations become legal. Conversely, if two people mutually desire each other but society disapproves, their relationship is illegal, and their sexual conduct is considered illicit. This shows that social norms and customs are irrational, rendering the concepts of right and wrong arbitrary. Upon careful analysis, all phenomena are merely vain talk—illusory and empty, forcibly labeled as "all dharmas." Therefore, nothing should be clung to. Worldly affairs are thus uninteresting and devoid of substantive meaning.

Public opinion is called "public discourse." If you value public opinion, you will be influenced and controlled by it, subject to societal constraints. Those who wish to destroy a person can fully utilize the lethal weapon of public opinion. If you can withstand the verbal and written attacks of public opinion, you survive; if you cannot endure the pressure, you face ruin. Life and death depend entirely on one's mindset: with a right mindset, one lives; with a wrong mindset, one perishes. Superficially, life and death lie in the hands of the public, but in reality, they reside within the individual. What is the public? What are others? What am I? All are nothing, yet within this nothingness, we live and die, suffer and worry, argue right and wrong—how foolish!