Experiencing Critique<Superscript>⋆</Superscript>

Over the past two centuries, criticism has assumed an indispensable role in the production of truth in many academic contexts. Furthermore, a dominant conception of critique emerged out of disciplinary truth regimes – evident as much in right wing think tanks as in critical theories. This ‘grammar of critique’ requires critics to judge specific contexts against founded criteria. However, in an epistemological ethos beset by obdurate uncertainty, where disciplinarity is increasingly under attack, a judgmental grammar faces intractable challenges. For one thing, intransigent ambiguities defy the silencing required to achieve certainty, or universal agreement, on ‘founded criteria’. This predicament creates a distinctive semantic disquiet and a unique opportunity to prize critique loose from its previously privileged grammar. Allegorically referring to Derrida’s images of hospitality, this paper offers a different grammar of critique as an experience of imagined prospects, a promise that rallies against ossified thought systems of the now. This experience is structured through the impossible to the extent that it defies absolute definition, finitely encounters infinite possibilities, involves preconceptions, and opens critics up to promises that never fully arrive. As such, critical experiences invite existential anticipations whose contours, paradoxically, are imagined from within, and yet promise an escape from, local historical circumstances.A version of this paper was presented at Birkbeck, University of London, 24th September, 2004. I would like to thank Peter Fitzpatrick, Claire Valier, Ronnie Lippens, Costas Douzinas and Julia Chryssostalis for their helpful comments.     

A contextual analysis of crime rates: The Korean case<Superscript>⋆</Superscript>

During recent attempts to understand crime in relation to its environments, studies have focused on a single aspect of either economic or organizational context. Furthermore, scant attention has been given to the independent role of the political influence on response to criminal activity. This study examines the relative roles of economic conditions, organizational constraints of police, and political climate in explaining changes in crime rates by incorporating these three contexts into a single study. By using a variety of official statistics, we conducted time-series analyses to examine the social context of crime over the past three decades in South Korea. Findings indicate, first, that the unemployment rate is the best predictor of changes in crime rates; it consistently increased the level of both property and violent crimes. Second, organizational capacity, as indicated by police per capita, is found not to have any consistent effect on crime rates. Third, the impact of political repression, measured by the presence of extraordinary laws and the number of political prisoners, also shows inconsistent effects on crime. However, crime rates were somewhat lower during the past three military regimes, which support the argument that authoritarian governments exercised more punitive sanctions to deter crimes. Implications are discussed and suggestions are offered for future research on this topic.This work was supported by Korean Research Foundation Grant (KRF-2004-003-BO0142). An earlier version of this paper was presented at the 2004 mettings of the American Society of Criminology. We would like to thank Ivan Sun for his insightful comments and helpful suggestions.     

Measurement Properties of the Communities That Care<Superscript>®</Superscript> Youth Survey Across Demographic Groups

Prevention science has produced information about risk and protective factors that predict adolescent drug use and related problem behaviors. This paper investigates the Communities That Care Youth Survey that measures multiple risk and protective factors. Using a sample of 172,628 students who participated in surveys administered in seven states in 1998, analyses were conducted to test the factor structure of these risk and protective factors and to test the equivalence of the factor models across five racial/ethnic groups (African Americans, Asians or Pacific Islanders, Caucasians, Hispanic Americans, and Native Americans), four grade levels (6th, 8th, 10th, and 12th) and both gender groups. Results support the construct validity of the surveys risk and protective factor scales and indicate that the measures are equally reliable across males and females and five racial/ethnic groups. Implications of these findings for science-based prevention planning are discussed.     

A New Alliance of De-legalisation and Legal Formalism? Reflections on Responses to the Social Deficit of the European Integration Project<Superscript>⋆</Superscript>

This paper will cover a wide range of issues. It will start with a reconstruction of the European Community’s ‘social deficit’, arguing that a credible response to this deficit would be a pre-condition for the democratic legitimacy of the deepened integration project. Such a response can be developed in a re-conceptualisation of European law as a new type of supranational/trans-statal conflict of laws – this is the thesis defended in the second section. This vision is contrasted in the third section, first with the steps towards Social Europe envisaged in the Draft Constitutional Treaty, and then with the messages of the recent judgments of the European Court of Justice (ECJ) in Viking and Laval. It goes without saying that the theoretical premises of the argument, let alone its many interdisciplinary dimensions and empirical background, can often only be signalled, but not developed systematically.

<Emphasis Type="Italic">Mokṣa</Emphasis> and <Emphasis Type="Italic">Dharma</Emphasis> in the <Emphasis Type="Italic">Mokṣadharma</Emphasis>

This essay asks what the terms mok?a and dharma mean in the anomalous and apparently Mahābhārata-coined compound mok?adharma, which provides the title for the ?āntiparvan’s third and most philosophical anthology; and it further asks what that title itself means. Its route to answering those questions is to look at the last four units of the Mok?adharmaparvan and their three topics—the story of ?uka, the Nārāya?īya, and a gleaner’s subtale—as marking an “artful curvature” that shapes the outcome of King Yudhi??hira’s philosophical inquiries of Bhī?ma into a ”return” to this world to take up the topic of the fourth anthology, a King’s generous giving, in the Anu?āsanaparvan’s Dānadharmaparvan. Usages of the term mok?a in the narratives in these units are considered in the light of The Laws of Manu’s usage of mok?a to define the “renunciatory asceticism of a wandering mendicant” after the fulfillment of one’s debts (Olivelle et al., in Life of the Buddha by A?vagho?a, 2008). Usages of mok?adharma are discussed in conjunction with its overlapping term niv?ittidharma. With the term dharma itself, it is a matter of finding the best contextual translation. A pitch is made that these four units, and particularly the Nārāya?īya, should no longer be thought of as “late” additions.     

Linking <Emphasis Type="Italic">Signifié</Emphasis> with <Emphasis Type="Italic">Signifiant:</Emphasis> The Court of Justice of European Union as a Product-Defining Authority

Saussurean concept of signifie-signifiant agnation can be used to explain the EU law product-nomenclature referrals. The CJEU has an especially important role in developing detailed rules of product nomenclature interpretation in cases where ambiguities emerge. In its jurisprudence, the CJ pursues preservation of the predominant intuitive model of that interpretation even in cases involving composite products. Only in cases where the composition can easily be identified, the Court relies on the concept of the defining element—i.e. it takes the dominant element of the product as a product nomenclature determining one. With respect to novel products, the CJ applies the same general penchant. Therefore, with respect to such products, the Court attempts to establish their signifié-signifiant match by referring to analogous features and characteristics of already existing products. Such an approach is an evidence of the CJ’s self-constraint of its otherwise Demiurgic power concerning the product nomenclature. This argumentation implies that even the CN classification offers a catalogue of relatively rigid designators and that their rigidity is respected by the CJ. The CN designators are not perfectly rigid because the CJ takes into account not only the logical values of respective CN positions, but also the practical aspects (including transactional costs) of the CN classification, as well as the general objectives of EU rules underlying the CN position identification.     

<<老子>><<庄子>>两处原文新解

前人多把《老子》“道生一”的“一”理解为最高存在者“道”本身，本文从动态角度指出，“一”应为在形而下的世界中存在的“道”；《庄子·大宗师》中“其一也一，其不一也一”一句，本文结合庄子“齐物”思想指出，这里讲的应是事物自身究竟以什么方式存在的问题。     

论<<霸言>><<五辅>><<君臣上>><<形势解>>篇的成书年代和学派倾向: …

本文认为，《霸言》篇可能是完成于齐襄王时期，而不是“写于田齐强盛之时”；是具有儒家倾向的谋略学说，而不是“齐法家的政治、军事作品”。《五辅》篇可以从一般地定为“作于战国”，进一步确定为作于公元前３１８年至公元前２８３年之间；它不是“齐法家之作”，而是吸收了法家思想的儒家理论。《君臣上》篇不是“齐法家著作”，其主导思想是儒学。《形势解》篇并不是“无疑属于齐法家学派”，而是吸收了法家、道家思想的儒学作品。     

The Girl Who Knew Her Brother Would Be Coming Home: <Emphasis Type="Italic">Ārṣajñāna</Emphasis> in <Emphasis Type="Italic">Praśastapādabhāṣya</Emphasis>, <Emphasis Type="Italic">Nyāyakandalī</Emphasis> and <Emphasis Type="Italic">Vyomavatī</Emphasis>

Although seldom mentioned in the secondary literature on Vai?e?ika, the cognitive category of ār?ajñāna (??i cognition) is accepted as a distinct category of vidyā (knowledge) within both early and later Vai?e?ika texts. This article deals with how ār?ajñāna is conceptualized in Pra?astapādabhā?ya (PBh), ?rīdhara’s Nyāyakandalī (NK), and Vyoma?iva’s Vyomavatī (Vy). The main focus lies on how ??i cognition is treated in these texts and what terms are used in the process. I aim to clarify the analysis of ??i cognition apparent in the above sources and outline the implications this might have for the somewhat grander objective of a mapping of the semantic landscape of cognition and knowledge in Vai?e?ika texts. The categories of yogic perception (yogipratyak?a) and siddhic vision (siddhadar?ana) are also treated since they are included within a shared discourse.     

Is <Emphasis Type="Italic">Viveka</Emphasis> a Unique <Emphasis Type="Italic">Pramāṇa</Emphasis> in the <Emphasis Type="Italic">Vivekacūḍāmaṇi</Emphasis>?

This is an enquiry based on the Vivekacū?āma?i (VC), the primary focus of which is to present viveka (discrimination) along with its three catalysts, namely, ?ruti, tarka, and anubhava as the unique pramā?a of Ultimate Knowledge. This paper discusses the significance of the six popular pramā?as of Advaita Vedānta (AV) and reiterates that as far as AV is concerned epistemologically those pramā?as have merely a provisional value (vyāvahārika). In accordance with the purport of VC this paper argues that ?ruti and tarka, culminating in anubhava (trans-empirical insight sans experience) are blind in themselves and are enthusiastically carried forward by viveka (discrimination) for the attainment of the final realisation. This paper concludes that viveka, along with its three catalysts namely, ?ruti, tarka, and anubhava is the sole pramā?a of the trans-empirical experiential knowledge of Brahman.     

Reply to Five Critics of <Emphasis Type="Italic">Why Tolerate Religion?</Emphasis>

This is my contribution to a symposium on my book Why Tolerate Religion? (Princeton, 2013), in which I respond to essays by François Boucher (Montreal) and Cécile Laborde (University College London), Frederick Schauer (Virginia), Corey Brettschneider (Brown), and Peter Jones (Newcastle). I clarify and revise my view of the sense in which some religious beliefs are “insulated from reasons and evidence” in response to the criticisms of Boucher and Laborde (2015), but take issue with other aspects of their critique. I defend most of my original argument against utilitarian and egalitarian objections from, respectively, Schauer and Brettschneider. I also discuss and defend the “No Exemptions” approach to conscientious objection to neutral laws of general applicability against a variety of objections, arguing, in particular, that my view is probably not very different from that of Jones.     

Revisiting <Emphasis Type="Italic">Plato’s Pharmacy</Emphasis>

In this essay, one of Derrida’s early texts, Plato’s pharmacy, is analysed in detail, more specifically in relation to its reflections on writing and its relation to law. This analysis takes place with reference to a number of Derrida’s other texts, in particular those on Freud. It is especially Freud’s texts on dream interpretation and on the dream-work which are of assistance in understanding the background to Derrida’s analysis of writing in Plato’s pharmacy. The essay shows the close relation between Derrida’s analysis of Plato’s texts and Freud’s study of the dream-work. The forces at work in dreams, it appears, are at play in all texts, which in turn explains Derrida’s contentions in relation to the pharmakon as providing the condition of possibility of Plato’s texts. The essay furthermore points to the continuity between this ‘early’ text of Derrida and his ‘later’, seemingly more politico-legal texts of the 1990s. A close reading of Plato’s pharmacy, with its investigation via ‘writing’ of the foundations of metaphysics, and thus also of the Western concept of law, is obligatory should one wish to comprehend how Derrida attempts to exceed the restricted economy of metaphysics through his analysis of concepts such as justice and hospitality.     

Some Reflections on the Term <Emphasis Type="Italic">Sautrāntika</Emphasis> in Vinaya Context: <Emphasis Type="Italic">vinayadharaḥ sautrāntikaḥ</Emphasis> in the <Emphasis Type="Italic">Mahāparinirvāṇa-mahāsūtra</Emphasis>

The word sautrāntika is known to designate one of the philosophical schools in later documents, but its earlier phase remains uncertain. The discovery of this term in the Mahāparinirvā?a-mahāsūtra thus brings forward new evidence essential for solving the problem of sautrāntika. In this paper, I will attempt to establish the interpretation of the context, in which the phrase vinayadhara? sautrāntika? appears.     

“<Emphasis Type="Italic">Peer effects</Emphasis>” or “<Emphasis Type="Italic">quasi</Emphasis>-<Emphasis Type="Italic">peer effects</Emphasis>” in Spanish labour court rulings

The current work seeks to ascertain whether rulings on dismissal cases issued by incumbent judges in Spanish labour courts are influenced by whether they are acting alone in their own court or sharing duties with other judges such as replacement judges, support judges or incumbent judges from other courts. We consider that a court is treated when more than one judge rules in it. Then, an analysis is conducted so as to determine the effect of such a treatment on the percentage of cases ruled in favour of the dismissed worker. The data used in the research are taken from the information recorded at court level provided by the statistics kept by the General Council of the Spanish Judiciary. A total of 2888 observations were available, corresponding to the period spanning 2004 to 2012. As regards the findings, it may be concluded that there is a significant positive impact on the number of dismissal cases ruled in favour of workers when incumbent judges are not acting alone in their court, particularly when the incumbent judge solves cases together with another professional judge.     

Psychiatric Patients’ Comprehension of <Emphasis Type="Italic">Miranda</Emphasis> Rights

Seventy-five psychiatric inpatients were evaluated with respect to their Miranda-related abilities using Grisso’s (1998, Instruments for assessing understanding and appreciation of Miranda rights. Sarasota, FL: Professional Resource Press) instruments and Goldstein’s (2002, Revised instruments for assessing understanding and appreciation of Miranda rights) revision to determine: whether different versions of Miranda warnings translate into differences in understanding; the influence of psychiatric symptoms, diagnostic categories, and IQ upon Miranda comprehension; and the relative performance of persons with psychiatric impairment on Miranda-relevant abilities. Results indicated that although the Miranda language used in Goldstein’s revision generally showed lower grade reading levels and higher reading ease scores than Grisso’s original instruments, this did not translate into improved understanding. In addition, psychiatric symptoms were negatively correlated with Miranda comprehension, even after controlling for IQ. Finally, results revealed that psychiatric patients’ understanding and appreciation was substantially impaired compared to Grisso’s adult validation samples, and was roughly comparable to Grisso’s juvenile validation sample. Implications of these results for policy reform are discussed.