Analysis of the Second and Fourth Definitions of Mithy��tva in the Advaitasiddhi of Madhus��dana Sarasvat��

This paper is a preliminary analysis of two among the five definitions of falsity (mithy??tva) presented by Madhus??dana Sarasvat?? (MS) in his magnum opus, the Advaitasiddhi. It is mainly focused on the second and fourth definitions, which at first sight appear to be mere repetitions of one another. The first definition of falsity examined is Prak?????tman??s: ??falsity is the property of being the counter-positive of the absolute absence of an entity in the [same] locus in which it is perceived.?? The other definition investigated was first given by Citsukha: ??falsity is the property of being the counter-positive of the absolute absence residing in its own locus.?? The mutual differences among these two definitions will be underlined following MS himself, as well as some other authors of the later Advaita Ved??nta textual tradition.     

How to Refer to a Thing by a Word: Another Difference Between Dign��ga��s and Kum��rila��s Theories of Denotation

In studies of Indian theories of meaning it has been standard procedure to examine their relevance to the ontological issues between Brahmin realism about universals and Buddhist nominalism (or conceptualism). It is true that Kum??rila makes efforts to secure the real existence of a generic property (j??ti) denoted by a word by criticizing Dign??ga, who declares that the real world consists of absolutely unique individuals (svalak?a?a). The present paper, however, concentrates on the linguistic approaches Dign??ga and Kum??rila adopt to deny or to prove the existence of universals. It turns out that in spite of adopting contrasting approaches they equally distinguish between the semantic denotation of a word and its pragmatic reference to a thing in the physical world. From a purely semantic viewpoint, Dign??ga considers the exclusion (apoha) of others by a word as the result of a conceptual accumulation of the sense-components accepted in the totality of worldly discourse. Among the three characteristics Dign??ga held must be met by universals, Kum??rila attaches special importance to their entire inherence in each individual (pratyekaparisam??pti / pratyekasamav??ya). This is because he pragmatically pays attention to the use of a word in the discourse given in a particular context (prakara?a) by analyzing a sentence into a topic and a comment.     

Tamil, Vai??ava, Vaidika: Kiru??acuv��mi Aiya?k��r, Ir��m��nuja T��t��c��riy��r and Modern Tamil Literary History

The writing of literary histories of Tamil literature coincided with the practice of history itself as a discipline starting in the late nineteenth century. The historiographical practices conflated Tamil literary history, religious history, as well as notions of the Tamil nation, which led to such works becoming vitally important legitimising narratives that established the claim of self-defining groups within a new Tamil modernity. The absence of such a narrative also meant the erasure of a particular group, identifying itself as a caste or religious unit, or both, from Tamil history. It is in the light of these cultural and political stakes that we must view the textual and hermeneutical strategies of an old, Tamil, religious group, the ?r??vai??avas, to position themselves anew in the mid-twentieth century, in what they saw with anxiety as a Tamil, ?aiva Age.     

An Inside View of Police Officers�� Experience with Domestic Violence

Since the recognition of domestic violence (DV) in the late 1970s, police officers have been frontline providers. Despite their changing role as a result of the criminalization of DV, little is known about their experiences and responses to this public health issue from their unique perspective. Via focus groups, 22 police officers discussed their scope of practice and emotional reactions to DV calls. Participants reported frustration with the recurring nature of DV and with the larger systems?? lack of accountability (e.g., courts, prosecution and community) that follow their initial interventions. Participants discussed the limitations of their role as protectors of public safety, attitudes that evolve over time and their beliefs as to contributing factors that perpetuate DV. Additionally, the officers recommend: more professional training, counseling, incident debriefing for officers including feedback on case disposition, better collaboration across professional groups, and evidence-based prosecution. Harsher penalties were also recommended.     

Ha?sami??hu: ��P��ta?jalayoga is Nonsense��

The ninth chapter of the Ha?savil??sa of the Gujarati ?aiva author Ha?sami??hu (born 1738 ad) argues that P??tañjalayoga, conceived of as a conflation of A?????gayoga and Ha?hayoga, cannot be valid soteriology. P??tañjalayoga is presented as a paradoxical and painful attempt to achieve quiescence by forcibly eliminating karma. Ha?sami??hu, conversely, views ??euphoria?? (ull??sa) as a prerequisite for liberation, and therefore advocates a painless method of R??jayoga. This is taught as a ?aiva form of the R??sal??l?? involving transgressive substances and behaviour. A frame story establishes Ha?sami??hu??s authority to teach such practices by revealing his secret identity as Ha?sa, a favored companion of ?iva who incarnates for a single life to promulgate esoteric teachings. The purity of this R??sal??l?? is defended by challenging the validity of a conventional morality that seeks to portray it as abhorrent.     

The ASEAN-China Investment Agreement: A regionalization of China��s BITs

This paper analyzes the provisions of the Agreement on Investment of the Framework Agreement on Comprehensive Economic Cooperation between China and the Association of Southeast Asian Nations (the “ASEAN”), especially those on the scope of application, national treatment, Most Favored Nation (MFN) treatment, expropriation, and investor-state dispute resolution. The paper then compares the new agreement with other international investment agreements concluded by China or ASEAN. In comparison with existing Bilateral Investment Treaties (BITs) between China and individual ASEAN member states, there are significant changes in the Investment Agreement which provides a higher standard of investment protection. Such an investment protection is common in the new generation of Chinese BITs, which were signed by China since 2000. However, unlike some other investment agreements in free trade arrangements, the Investment Agreement rarely touches upon the investment liberalization, although the Framework Agreement of ASEAN-China FTA provides for creating a liberal investment regime. This paper concludes that negotiating an investment agreement in China’s Free Trade Agreements (FTAs) is regarded as an opportunity to update its old BITs, but China is not yet prepared to undertake investment liberalization in its FTAs. The ASEAN-China Investment Agreement is, rather, an extension of China’s BITs at the regional level, which is a demonstration of China’s growing influence at this level.     

Predestination and Hierarchy: Vallabh��c��rya��s Discourse on the Distinctions Between Blessed, Rule-Bound, Worldly, and Wayward Souls (the Pu??iprav��hamary��d��bheda)

The Pu??iprav??hamary??d??bheda (PPM) by Vallabh??c??rya (1479?C1531?) is a brief work (25 verses) written in Sanskrit in about the year 1500, which is accompanied by four Sanskrit commentaries and one Hindi (Brajbh????) commentary. The most important and authoritative commentary is by Puru?ottama, written about two centuries after the original text. The article contains a translation of the PPM with long extracts from the commentaries, particularly the one composed by Puru?ottama. After an introduction placing the PPM??s doctrine of the hierarchy of embodied souls (j??vas) and their eligibility to obtain states of devotion (bhakti) in a wider context of Vai??ava sectarian and philosophical schools, the text is presented along with the translation and notes to the text (including extracts from the commentaries). The article concludes with reflections on the PPM??s doctrine of predestination, comparing it with those of other Indian religious sects and within the wider context of predestination in Western religions, where these discussions have been ongoing for more than 1500 years. An extensive bibliography is included at the end.     

Self-awareness (svasa?vedana) and Infinite Regresses: A Comparison of Arguments by Dign��ga and Dharmak��rti

This paper compares and contrasts two infinite regress arguments against higher-order theories of consciousness that were put forward by the Buddhist epistemologists Dign??ga (ca. 480?C540 CE) and Dharmak??rti (ca. 600?C660). The two arguments differ considerably from each other, and they also differ from the infinite regress argument that scholars usually attribute to Dign??ga or his followers. The analysis shows that the two philosophers, in these arguments, work with different assumptions for why an object-cognition must be cognised: for Dign??ga it must be cognised in order to enable subsequent memory of it, for Dharmak??rti it must be cognised if it is to cognise an object.     

A System��s Approach to Crime Prevention: The Case of Macao

Macao has the world’s largest casino industry and represents a unique political, social, and cultural system that differs significantly from Western societies. The overall crime rate in Macao is relatively low. Scholarly knowledge about crime and crime prevention in Macao, however, is very limited. This paper first reviews crime prevention theories, typologies, and various strategies in Western societies, followed by an introduction and discussion of crime prevention practices in Macao. Crime prevention strategies in Macao may be characterized as a tripod structure with three major supporting legs: traditional criminal justice practices, social prevention beyond the criminal justice system, and situational crime prevention measures. The paper then discusses the factors that may contribute to the low level of crime in Macao and points out the direction for future research in Macao.     

What are Intoxicated Offenders Responsible for? The ��Intoxication Defense�� Re-examined

I provide a brief history of the common law governing the criminal liability of intoxicated offenders, and the codification and application of the intoxication rules in Canada. I argue that the common law and its statutory application in Canada violate a number of principles of criminal justice. I then argue that the rules cannot be saved by attempts to subsume them under principles of prior fault. I end with a modest proposal for law reform.     

Wohnungsgemeinn��tzigkeit im Binnenmarkt

Das ?sterreichische Wohnungsgemeinn??tzigkeitswesen ist ein eigener Weg sozialer Wohnungspolitik, der von Bund und L?ndern durch Steuervorteile und Wohnbauhilfen gef?rdert wird. Im Beitrag wird untersucht, inwiefern diese F?rderung als Beihilfe iSd Art 107 AEUV zu qualifizieren ist und ob sie - unter Ber??cksichtigung aktueller Rechtsentwicklungen - mit den Regeln des Binnenmarkts vereinbar ist.     

The Constitution of Criminal Law: Justifications, Policing and the State��s Fiduciary Duties

This paper, originally written for a conference on criminal law in times of emergency, considers the implications of the ‘German Airliner case’ for criminal law theory. In that case, the German constitutional court struck down as unconstitutional a law empowering state officials to order the shooting down of a hijacked plane on the grounds that the state could not order the killing of innocent civilians. Some have argued that despite this ruling, individual officials should still be entitled to claim a criminal law justification defence. I argue that the nature of justification defences necessarily ties them to the powers of the state to engage in such activity. I also argue that both the constitutional decision and its criminal law implications are salutary.     

The Professional Model of Law vs. The Business Model of Law: A Critical View of Opposing Trends in the United States of America and the People��s Republic of China

This study begins by reflecting on the literature characterizing the nature and function of a profession qua profession. It continues by arguing that based upon commonly used indicia of a profession that the practice of law in the US is de-professionalizing in significant ways and morphing towards a functioning business model. The related advantages of such a development for American society, its lawyers and their clients, including especially criminal defendants are critically discussed. It then traces the emergence and ascendancy of the rule of law in China and corresponding quest to institutionalize the practice of law in China as a profession. The study concludes by exploring the alternative advantages of applying the business model to Chinese legal practice. It recommends that embracing a paradigm shift away from the professional model towards a business model, comparable to what is happening in the US, would be to the greater advantage of Chinese lawyers in terms of enhanced authority, increased self-regulation, as well as providing greater leverage in advocating client interests.     

Anticipating the future use of safeguards by the EU and the US on China��s textiles & clothing exports

Textiles and clothing (T&C) trade after lapse of quotas in 2005 has revealed China’s overwhelming comparative advantage in the manufacture and export of T&C products. China’s advantage in this sector attracted the use of trade remedies by WTO members under WTO laws, often in a manner contrary to WTO norms. China has also been subjected to origin-specific safeguard regimes. The EU and the US have been leading users of safeguards against China’s T&C exports. The use of safeguards by the EU and the US raises a number of questions that impact on the future use of trade remedies by other countries. The use of safeguards also poses challenges for the multilateral trading system. This paper analyses the use of safeguards against China’s T&C exports with a view to anticipating the future use of safeguards in the quota-free trading environment for T&C.     

Two Obscure Sanskrit Words Related to the C��rv��ka: pa?cagupta and ku??ak��?a

Two words, pañcagupta and ku??ak???a, are found in modern Sanskrit lexicons such as the ?abdakalpadruma, the V??caspatya, the Sanskrit-Wörterbuch, and A Sanskrit English Dictionary. They are said to signify the C??rv??ka philosophy and an expert in the C??rv??ka philosophy respectively. Both the words have been taken from some twelfth-century Sanskrit ko?as but no example of actual use is available. Nor do they occur in any earlier Sanskrit ko?a, such as the Amarako?a and the Hal??yudhako?a. The inference is that the words must have appeared in some late philosophical work that was critical of the materialist C??rv??ka system of philosophy and the ko?ak??ras found them in the same source.     

It��s Good to be Autonomous: Prospective Consent, Retrospective Consent, and the Foundation of Consent in the Criminal Law

What is the foundation of consent in the criminal law? Classically liberal commentators have offered at least three distinct theories. J.S. Mill contends we value consent because individuals are the best judges of their own interests. Joel Feinberg argues an individual’s consent matters because she has a right to autonomy based on her intrinsic sovereignty over her own life. Joseph Raz also focuses on autonomy, but argues that society values autonomy as a constituent element of individual well-being, which it is the state’s duty to promote.