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.     

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.     

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.     

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.     

Moore��s Moral Facts and the Gap in the Retributive Theory

The purely retributive moral justification of punishment has a gap at its centre. It fails to explain why the offender should not be protected from punishment by the intuitively powerful moral idea that afflicting another person (other than to avoid a greater harm) is always wrong. Attempts to close the gap have taken several different forms, and only one is discussed in this paper. This is the attempt to push aside the ‘protecting’ intuition, using some more powerful intuition specially invoked by the situations to which criminal justice is addressed. In one aspect of his complex defence of pure retributivism, Michael S. Moore attempts to show that the emotions of well-adjusted persons provide evidence of moral facts which justify the affliction of culpable wrongdoers in retribution for their wrongdoing. In particular, he appeals to the evidential significance of emotions aroused by especially heinous crimes, including the punishment-seeking guilt of the offender who truly confronts the reality of his immoral act. The paper argues that Moore fails to vindicate this appeal to moral realism, and thus to show that intrinsic personal moral desert (as distinct from ‘desert’ in a more restricted sense, relative to morally justified institutions) is a necessary and sufficient basis for punishment. Other theories of the role of emotions in morality are as defensible as Moore’s, while the compelling emotions to which he appeals to clinch his argument can be convincingly situated within a non-retributivist framework, especially when the distinction between the intuitions of the lawless world, and those of the world of law, is recognised.     

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.     

The possible ��backfire�� effects of hot spots policing: an experimental assessment of impacts on legitimacy, fear and collective efficacy

Objectives  

To examine the impacts of broken windows policing at crime hot spots on fear of crime, ratings of police legitimacy and reports of collective efficacy among residents of targeted hot spots.     

China��s exports in information communication technology and its impact on Asian countries

This paper analyzes the export growth of China??s information communication technology (ICT) products in two major markets Japan and the US from 1995 to 2008 and its competition with six East Asian countries: Indonesia, Malaysia, Philippines, Thailand, Singapore and Korea. The analysis shows that China has emerged as the largest single supplier of ICT products to both markets. By 2008, China??s exports accounted for 44 and 38% of total Japanese and the US ICT imports respectively. On the other hand, market shares of the six East Asian countries either remained stagnant or decreased substantially. The analysis by destination markets and by product categories indicates that, there exist significant negative correlations between market shares of China and that of the six East Asian countries, implying that the rapid expansion of China??s ICT exports crowded out exports of its East Asian competitors.     

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.     

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.     

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.     

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.