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.     

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.     

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.     

<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.     

Self-Awareness (<Emphasis Type="Italic">svasaṃvedana</Emphasis>) in Dignāga’s <Emphasis Type="Italic">Pramāṇasamuccaya</Emphasis> and -<Emphasis Type="Italic">vṛtti</Emphasis>: A Close Reading

The concept of “self-awareness” (svasaṃvedana) enters Buddhist epistemological discourse in the Pramāṇasamuccaya and -vṛtti by Dignāga (ca. 480–540), the founder of the Buddhist logico-epistemological tradition. Though some of the key passages have already been dealt with in various publications, no attempt has been made to comprehensively examine all of them as a whole. A close reading is here proposed to make up for this deficit. In connection with a particularly difficult passage (PS(V) 1.8cd-10) that presents the means of valid cognition and its result (pramāṇa/pramāṇaphala), a new interpretation is suggested, inspired by the commentary of Jinendrabuddhi. This interpretation highlights an aspect of selfawareness that has hitherto not been claimed for Dignāga: self-awareness offers essentially subjective access to one’s own mental states and factors.     

“<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.     

The <Emphasis Type="Italic">Mahābhārata</Emphasis> and the Revival of Brahmanism

There are good reasons to think that Brahmanism initially belonged to a geographically limited area, with its heartland in the middle and western parts of the Gangetic plain. It was in this region that Brahmanism was at that time the culture of a largely hereditary class of priests, the brahmins, who derived their livelihood and special position in society from their close association with the local rulers. This situation changed. The most plausible hypothesis as to the reasons of this change sees a link with the political unification of northern India, begun by the Nandas and continued by the Mauryas. Both the Nandas and the Mauryas had their home base in the region called Magadha and had no particular interest in brahmins and their sacrificial tradition. As a result Brahmanism as an institution was under threat; it either had to face disappearance, or reinvent itself. It did the latter. Brahmanism underwent a transformation that enabled it to survive and ultimately flourish in changed circumstances. This paper will argue that the Mahābhārata can be looked upon as an element in this Brahminical project. Far from being a mere collection of stories and general good advice, it was an instrument in the hands of a group of people who were determined to change the world in ways that suited them, and who to a considerable extent succeeded in doing so during the centuries that lay ahead.     

Natural Liberation in the <Emphasis Type="Italic">Sāṃkhyakārikā</Emphasis> and Its Commentaries

The subject of this article is the concept of natural liberation in classical Sā?khya. On the basis of the Sā?khyakārikā by ī?varak???a and its traditional commentaries, I will attempt to demonstrate that liberation from suffering in Sā?khya is not the result of rational inquiry—the prevailing view among contemporary scholars. The Sā?khya does not necessarily prescribe yogic practice as argued by other scholars. Instead, I will defend a position expressed by K.C. Bhattacharyya and Frank R. Podgorski, according to which liberation in classical Sā?khya is a natural and spontaneous process of suffering transforming into its own cure. I will argue that although traditional authorities may disagree over the form the liberating process takes on the phenomenal level (as yogic practice, instruction from a teacher, etc.), there is a general agreement that the natural forces are the primary drives and agents of liberation.     

Freedom of association in labour relations in the context of the <Emphasis Type="Italic">Maqasid</Emphasis>-<Emphasis Type="Italic">al</Emphasis>-<Emphasis Type="Italic">Shari’ah</Emphasis> principles

Labour relations are an important chapter in economic and industrial development. Labour relations are divided into personal employer-employer relationship and collective relationship between employer and trade union. The collective relationship forms the core of the employees’ right to freedom of association. This article discusses the right of employees to freedom of association including the right to strike from the Islamic perspective. The Islamic principles applicable in this context are Maqasid-al-Shari’ah (the higher objective of Islamic law), Haqq and Jama’ah (the functional concepts in Islamic law). Freedom of association in labour relations which is basically a western concept suits the three Islamic principles and the Islamic principles are in line with the ILO standards and European law. This article is written by using pure legal research method, i.e. adopting a content analysis approach with the Islamic sources such as the Qur’an and Hadith as a point of reference.     

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.     

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.     

Reading Non-Dualism in Śivādvaita Vedānta: An Argument from the <Emphasis Type="Italic">Śivādvaitanirṇaya</Emphasis> in Light of the <Emphasis Type="Italic">Śivārkamaṇidīpikā</Emphasis>

This article examines Appaya Dīk?ita’s intellectual affiliation to ?ivādvaita Vedānta in light of his well-known commitment to Advaita Vedānta. Attention will be given to his ?ivādvaitanir?aya, a short work expounding the nature of the ?ivādvaita doctrine taught by ?rīka??ha in his ?aiva-leaning commentary on the Brahmasūtra. It will be shown how Appaya strategically interprets ?rīka??ha’s views on the relationship between ?iva (i.e., Brahman), its power of consciousness (cicchakti) and the individual self (jīva), along the lines of pure non-dualism (?uddhādvaita). In this context, the hermeneutical role of the daharavidyā doctrine will be considered with reference to Appaya’s ?ivādvaita magnum opus, the ?ivārkama?idīpikā.     

<Emphasis Type="Italic">Ālayavijñāna</Emphasis> from a Practical Point of View

In 1987, Lambert Schmithausen published an important extensive monograph on the origin of ālayavijñāna (ālayavijñāna: On the Origin and the Early Development of a Central Concept of Yogācāra Philosophy). In his opinion, the introduction of ālayavijñāna was closely linked to nirodhasamāpatti, but it was not meditative experience itself that directly lead to the introduction of this new concept. Rather, according to Schmithausen, it was dogmatic speculation on a sūtra passage about nirodhasamāpatti. My own hypothesis is that the introduction of ālayavijñāna was more directly based on meditative experiences. Focusing on the “Proof Portion” of the Vini?cayasa?graha?ī of the Yogācārabhūmi, the present paper examines this hypothesis. My examination reveals that ālayavijñāna is the physiological basis of the body, and as such it is correlated to the state of the body and mind. When one’s body and mind are transformed from an inert to a well-functioning state through meditative practice, the transformation seems to hinge on the transformation of ālayavijñāna itself. It appears that Yogācāra meditators intuitively realized this mechanism at the stage of dar?anamārga. This paper also responds to some points raised by Schmithausen on my hypothesis in his recent monograph on early Yogācāra (The Genesis of Yogācāra-Vijñānavāda: Responses and Reflections, 2014). Through these discussions, this paper sheds light on the importance of the correlation between body and mind in meditative contexts and proposes that this was the key issue in the introduction of the ālayavijñāna theory.     

Philosophy in the <Emphasis Type="Italic">Mahābhārata</Emphasis> and the History of Indian Philosophy

The study of philosophical terms and doctrines in the Mahābhārata touches not only on important aspects of the contents, composition and the historical contexts of the epic, but also on the historiography of Indian philosophy. General ideas about the textual history of the epic and the distinction between “didactic” and “narrative” parts have influenced the study of epic philosophy no less than academic discussions about what is philosophy in India and how it developed. This results in different evaluations of the place of philosophical texts in the epic and their relationship to the history of Indian philosophy. While some scholars have suggested that there is a “philosophy of the epic” its composers wished to propagate, others have argued that “philosophy” is included in the epic either in a “proto” form or in a variety of doctrines (often presented is “mixed” or “unsystematic” ways) they deemed relevant. The article discusses these views and some of the heuristic assumptions on which they are based. It proposes to widen the scope of analysis by paying more attention to the interplay of narrative and didactic passages, the various ways in which philosophy is presented in the epic, and its connection to a larger spectrum of the reception of philosophy in textual genres and by audiences outside the expert circles of the philosophical schools.     

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.