Psychic investment in cruelty: three parables on race and imprisoning the mentally ill

Drawing on ethnographic and activist work in New York, I analyze three contemporary cases of mentally ill people charged violent crimes. State violence against them can be characterized as a differential and differentiated set of racial and gendered practices. The case studies offer something between a parable, a field report, and a cautionary tale of the dystopian tendencies already embedded within the criminal justice system in the United States. Based on these cases, I will argue that despite recent liberal reform, scant evidence suggests any deep shift in the web of agencies that pipe people, especially the mentally ill, into prison and jail, or a shift in the cruel and humiliating practices these agencies embody. For the society to achieve what Du Bois called an abolition democracy, the affective infrastructure and psychic investment in debasing subordinated others would have to be abolished.     

Śubhagupta on the Cognitive Process

In his *Bāhyārthasiddhikārikā (BASK), “Verses on the Establishment of the External Object”—extant only in Tibetan translation—?ubhagupta (720–780 CE), a philosopher connected with the logical-epistemological school of Buddhism, argues the reality of external objects of cognitions. In this article, I shall provide an account of ?ubhagupta's theory of the cognitive process, as expressed in BASK 35–44, particularly in light of his view that the images (ākāra) of those objects do not appear in cognition. BASK is part of an internal Buddhist debate over the reality of external supports of perceptions, wherein ?ubhagupta disproves the views of thinkers like Di?nāga and Vasubandhu. On the other hand, he is one of the main opponents addressed in the Bahirarthaparīk?ā (BAP) of the Tattvasa?graha (TS) by ?āntarak?ita (725–788 CE) and the Tattvasa?grahapañjikā (TSP) by Kamala?īla (740–795 CE). Therein, the two authors, while demonstrating the absence of the characteristics of apprehended (grāhya) and apprehender (grāhaka) with regard to cognition, keenly refute his ideas and quote selected Sanskrit verses that can be identified as the original Sanskrit of stanzas in BASK. Accordingly, I shall examine ?ubhagupta’s theory of the cognitive process in two steps: (i) analyzing the arguments that ?āntarak?ita and Kamala?īla advance against him based on their interpretation of ?ubhagupta’s views; and (ii) analyzing the arguments that he brings forward against his opponents (namely, Di?nāga and Vasubandhu), by means of the investigation of BASK 35–44 in their original context.     

Classical Sāṁkhya on the Authorship of the Vedas

The question as to whether the Vedas have an author is the topic of vivid polemics in Indian philosophy. The aim of this paper is to reconstruct the classical Sāṁkhya view on the authorship of the Vedas. The research is based chiefly on the commentaries to the Sāṁkhyakārikā definition of authoritative verbal testimony given by the classical Sāṁkhya writers, for these fragments provide the main evidence (both direct and indirect) for the reconstruction of this view. The textual analysis presented in this paper leads to the following conclusion. According to most classical Sāṁkhya commentaries, the Vedas have no author. Two commentators state directly that the Vedas have no author, and four commentators allude to the authorlessness of the Vedas. Only one commentator seems to hold the opposite view, stating that all the authoritative utterances are based on perception or inference of imperceptible objects by authoritative persons, from which it follows that the Vedas too have an author or authors.     

Additional Notes on the Sadvitīyaprayoga

The present paper defends a position advanced in Oetke (J Indian Philos 41:43–55, 2013 (= BS)) to the effect that a piece of reasoning allegedly advocated by proponents of Indian Materialism (Lokāyata, Cārvāka) does not deserve to be dismissed as a sophism but embodies a significant philosophical criticism. In addition the article argues for the contention that for this type of theoretical assessment consideration of history of reception possesses at best a limited relevance and is even apt to impede the attainment of an adequate evaluation of the matter.     

Final Notes on the Sadvitīyaprayoga

The following response first points out the obvious methodological disadvantages of Oetke’s decline to use both primary and secondary sources for his interpretation of the sadvitīyaprayoga (sp). Oetke believes that he is able to provide an “objectively adequate” presentation of the sp and describe “the objective properties” of its content without taking the historical context into account. By divorcing meaning from (historical) context, he distorts the presumed original meaning and intention of the sp, and superimposes on it an anachronistic concern with what he calls “the extrapolation principle.” The second part of the response explores the usage of the term sapak?a as a collective term.     

Once Again on the *Hetucakraḍamaru: Rotating the Wheels

The little versified treatise on the elements of Buddhist logic, often referred to as the Hetucakra?amaru, is usually attributed to Dignāga. It is only available in a Tibetan translation and quotations from a few of its verses are extant in Sanskrit sources. On the basis of a novel interpretation that is based on a critical edition of the text, we argue that there is a good reason why its title was Hetucakra?amaru - a ?amaru is a two-headed drum. The “heads” of the drum are circular and they refer to the sapak?a and vipak?a conditions of the logical reason (hetu). These “wheels” can be turned clock-wise and counter clock-wise. The nine positions that are located on the wheels do remind one of a dharmacakra, which has a center and eight positions that are placed around it as if it were a compass. We illustrate our interpretation of the text by means of various diagrams.     

trespass on the case之正名及其他

作为英法史上最重要的诉讼形式之一种,trespass on the case有不同中译法,各有依据。对现有译法和史料稍作考察可见,曾为主流的"类案侵害之诉"和"间接侵害之诉"的译法并不合适,其他现有中译法亦有缺陷。"个案侵害之诉"的译法似更符合史实,并可依英国法的开放性线索对其稍作阐释。通过对各译法背后的不同学说加以探究,不难梳理英法史研究的新旧交替过程。     

Hybrids: on the crime–terror nexus

Terrorist organisations may complement their military capability with functioning infrastructures and profitable activity in economic ventures as well as in crime. This leads many commentators to focus on the increasing overlap between terrorism and crime, including and particularly organised crime. The present paper is devoted to the analysis of this controversial overlap, and after providing a concise outline of definitions of organised crime and terrorism found in criminology, highlights similarities and differences between the two forms of criminality, along with the ambiguity of the very notion of “crime–terror nexus.”     

Can international law improve mental health? Some thoughts on the proposed convention on the rights of people with disabilities

This paper examines the promise of the proposed Convention on the Rights of People with Disabilities to improve the position of people with mental illness. Proponents of the new Disability Convention argue that the state of human rights abuses experienced by people with disabilities is intolerable, that the existing international law is inadequate, that additional international law will increase the visibility of people with disabilities and will clarify the fundamental entitlement to equality, and that, as a result, the position of people with disabilities will be greatly enhanced. This paper questions the value of international law to achieve real change and warns against placing too much faith in the law. The potential of a new international law to rectify the wrongs experienced by people with psychiatric disabilities will depend on whether the new law specifically displaces the existing international law which undermines the rights of people with mental illness and on the final terms of the Convention with respect to recognition and enforcement. Ironically, it is the process of developing the Convention which has been empowering, and the utility of the new law will ultimately turn on the continuation of the momentum built through this process.     

Some Further Comments on the First Section of the Vigrahavyāvartanī

The publication deals with topics concerning the interpretation of the Vigrahavyāvartanī in as much as they are relevant for the understanding of (early) Madhyamaka-philosophy in general. A major part of the article is dedicated to a critical assessment of a number of views which have been propagated recently in a paper by Sharma (In: Nagoya studies in Indian culture and Buddhism, Saṃbhāṣā, 2011). A primary goal of the present investigation consists in substantiating the claim that early Madhyamaka represents a metaphysical teaching which stands in sharp contrast not only to stances of common sense but also to tenets propagated in Buddhist dogmatics.     

Localization Path of the Research Paradigms of Legal Commentary in China — Focusing on the Public Legal Service Function of the Case-Commentary Research on the Style of Civil Litigation Documents

Conducting case-commentary research on the style of civil litigation documents is a key method for judges to produce legal documents, develop professional writing and creative skills, and enhance legal thinking. Such a study is an important way to deepen the reform of the judicial power operation mechanism and to improve the trial management mode. Considering the background of the judicial responsibility system reform, the localization of the research paradigms and case-commentary methods of the style of litigation documents can help reach the consensus of the legal professional community. It also helps promote judgment rules and the spirit of the law. Legal commentaries convey the important functions of public legal services to the public. It is necessary to integrate the Style of Civil Litigation Documents, the “one-stop” litigation service with the reform practice of judicial committees in China, and conduct detailed research on the procedural ruling function and guiding function of the style of civil litigation documents. By studying the guiding function of civil litigation document style for judicial behavior, litigation procedure, and entity processing, it is good for judges to broaden their ideas and methods to write civil litigation documents, enabling an examination of the localization path and method of the legal commentary research paradigm and demonstrating how to continue using the paradigm within the context of the comprehensive reform of the judicial system. Moreover, the study emphasizes how to exert the function of public legal services integrated with the style of civil litigation documents.     

Praj?��karagupta on the Two Truths and Argumentation

How is it possible to say that truth can be of one kind at the conventional level and totally different in the ultimate plane? As Matilal (1971, p. 154) points out, Kum??rila (ca. 600?C650), a M??m???saka philosopher, claims that the Buddhist doctrine of two truths is ??a kind of philosophical ??double-talk??.?? It is Prajñ??karagupta (ca. 750?C810), a Buddhist logician, who tries to give a direct answer to this question posed by Kum??rila from the Buddhist side. He argues that even a M??m???saka cannot demonstrate the validity (pr??m???ya) of the Veda without accepting two truth levels. His point is this. Consider the proposition to be proved: the Veda is valid. If the Veda is already known as valid, then it is useless to prove this proposition. But if it is already known as invalid, then it is impossible to prove this proposition. Therefore in the argument to prove the proposition, the Veda is not to be regarded either as valid or as invalid. This means that at the first stage of the argument one has the concept of the Veda as neutral in validity. However, as soon as one acquires the knowledge of the Veda as valid through the argument, one has to repudiate such a conception of the Veda. The acceptance of the Veda as neutral in validity is to the acceptance of the Veda as valid as the conventional truth is to the ultimate truth.