ABSTRACT

The Thai monarchy, protected by the law of lèse-majesté, appears to be an anachronism in the age of nation–states. The spread of nationalism has leveled most monarchies, reducing kings to the status of semiprivate individuals or preserving them as innocuous symbols. On the recommendation of Cardinal Richelieu, however, the Code Michaud of 1629 expanded offenses against the monarch "to include the composition, publication, and distribution of defamatory libels concerning political matters". The chapter suggests that certain types of modern political crimes, such as lèse-majesté, sedition, or insulting national symbols, are purely discursive crimes. It identifies five principles governing the operation of the lèse-majesté law in Thailand: Truth and intent are subordinated to presumed effect. Actual proof of lèse-majesté requires further violation of royal dignity. Efficacy requires repetition, reproduction, and dissemination rather than strict suppression. Lèse-majesté is the highest form of cultural treason, necessitating a ritual of confession, recantation, and reaffirmation. The lèse-majesté charge is culturally specific.