On the Distinction Between Epistemic and Metaphysical Buddhist Idealisms: A Śaiva Perspective

Modern scholarship has often wondered whether Indian Buddhist idealism is primarily epistemic or metaphysical: does this idealism amount to a kind of transcendental scepticism according to which we cannot decide whether objects exist or not outside of consciousness because we can have no epistemic access whatsoever to these objects? Or is it rather ontologically committed, i.e., does it consist in denying the very existence of the external world? One could deem the question anachronistic and suspect that with such an inquiry we project onto Ancient and Medieval India a distinction that remains profoundly alien to it, were it not for a few preserved texts where Indian authors themselves distinguish between two such kinds of idealism within the Buddhist philosophical tradition. As already pointed out by Dan Arnold, this is the case in the commentary by Manorathanandin on Dharmakīrti’s Pramā?avārttika; but the difference between two varieties of Buddhist idealism is also alluded to in Hindu sources, both Mīmā?saka and ?aiva. The present article offers a new analysis of Manorathanandin’s short and somewhat ambiguous distinction, and it examines in this connection some important remarks found in the works of the ?aiva nondualists Utpaladeva (c. 925–975) and Abhinavagupta (c. 975–1025). It shows that according to these authors, in fact the epistemic version of the Buddhist argument in favour of idealism is already metaphysical insofar as it necessarily involves a denial of the existence of the external world, and it attempts to assess the faithfulness of this ?aiva interpretation to its Buddhist sources.     

White-collar offenders and the jail experience: a comparative analysis

The incarceration experiences of white-collar offenders have received relatively little attention among criminological researchers, and the research that has been conducted has focused on offenders’ experiences in prisons rather than jails. The purpose of this study was to fill this gap by examining approximately 6500 inmates incarcerated in local jails, comparing those classified as white-collar offenders to violent and other non-violent offenders. The differences between offender types based on demographics, psychological adjustment (i.e., mental health issues since arrival to jail), and behavioral adjustment (i.e., institutional misconduct) are examined to see whether white-collar inmates have more difficulty than others adjusting to the jail environment (consistent with the special sensitivity hypothesis). Findings suggest that white-collar jail inmates do not appear to experience symptoms indicative of poor psychological or behavioral adjustment to the jail environment. Implications for policy and future research are discussed.     

Sailing Towards the Brave New World of Zero Transaction Costs

The Coase Theorem is in essence an if-A-then-B statement. Previous discussions of the Theorem have mostly focused on the then-B part and examined that, given the condition of A, whether B is true or not. The present study attempts to analyze the Theorem from a different angle. In particular, we push the if-A assumption, i.e., the zero transaction costs assumption, to its logical limit, and then explore the implications. We argue that the price mechanism, which is implicitly employed as the foundational basis of the Coase Theorem, is the result of positive transaction costs. Consequently, if transaction costs are zero, then money and prices as commonly understood would not exist, and the value of production would become a vague concept without any operational content. As such, the world of zero transaction costs may be even more peculiar than Coase might have thought!     

Predictive Efficacy and the Preventive Detention of Dangerous Sexual Offenders: Contributions from Nonlinear Dynamical Systems Theory

Behavioral scientists are regularly summoned by the legal system to make predictions about the likelihood of future dangerous behavior (i.e., violence prediction/risk assessment). In recent years, such efforts have been subjected to considerable scrutiny as, despite the evolution of risk assessment instruments, social scientists have yet to demonstrate the ability to predict violence with a reasonable degree of accuracy. Yet concerns with predictive efficacy may be rooted in the limitations of prediction itself. Nonlinear dynamical systems theory (i.e., chaos theory) and quantum physics jointly paint a picture of human behavior as fundamentally unpredictable; in their light, we are asked to question whether future violence can ever be predicted with a tolerable level of error. In this article, I provisionally explore this very issue, particularly as it appears in the context of decisions concerning the disposition of criminal sexual offenders.     

School environment, self-esteem, and delinquency

The positive and negative effects of one's school environment (and interracial contact within this environment) have been widely debated. A question of great concern is whether the racial composition (e.g., school environment) of a school affects one's self-esteem. The present study explored whether self-esteem, race-esteem, school commitment, and delinquency differ by the racial composition of a school. Self-report questionnaires were administered to a random sample of 1,100 high school students in a large midwestern city of the United States. The findings (a) suggest that all four measures differ by school environment, and (b) provide partial support for earlier studies claiming that, within racially homogeneous school environments, African American students, in particular, enjoy higher self-esteem. Moreover, this finding might suggest that racial diversity within certain school environments (e.g., mostly Caucasian or equally mixed) carries with it lower levels of self-esteem. Higher rates of self-reported delinquency, however, were found in the equally mixed school environment than in racially homogeneous school environments.     

Matters of Identity

Abstract.  The aim of this paper is to provide a philosophic answer to a question, which is not at all rhetoric, as it may seem. The author, in fact, wonders whether identity has to be framed, as usual, as an absolute value, i.e., as an "all-or nothing" question. The conclusion of this inquiry is clearly a negative one: Identity, on the contrary, has to be seen as a value which is highly complex, fuzzy, and allowing for degrees, nuances, and trade-offs. In modern societies there must be an interplay between identity and difference which is capable of ensuring institutional fairness and ongoing multicultural dialogue.     

May,Should, or Do,Administrative Judges Participate in the Management of the Public Sphere in the Rule of Law?

The article concerns the actual impact of courts controlling the activity of public administration on the direction of its activities and the content of issued decisions. In particular, it concerns sovereign individual decisions that affect the sphere of civil rights and freedoms. The aim of the article is to seek an answer to the question of whether independent judges actually participate in the process of management in the public sphere, which is characterised by elements of politics and (regardless of the answer to this question) whether such participation is allowed or (even) necessary in modern rule of law states. The main argument is that regardless of whether the courts controlling the administration have reformatory or exclusive cassation powers, they influence the decision-making process in the public sphere. At the same time, such influence not only does not violate the fundamental values of the rule of law, but is even sometimes necessary. This does not mean that courts should interfere in the management processes in the public sphere in every case.

     

Reconsidering discrimination grounds in the data economy: An EU comparison of national constitutions

The principle of equal treatment (i.e., all people have the right to be treated equally) is protected by non-discrimination provisions in national constitutions across the EU as well as the EU Charter of Fundamental Rights (CFEU). These provisions specify which grounds (e.g., gender, race, religion) are prohibited to use as the basis for making decisions on people, such as offering a person a job. In the data economy, in which large amounts of personal data are collected and analyzed, it has become possible to make decisions on people on the basis of all kinds of grounds, also grounds that are not protected in anti-discrimination law (e.g., zip code, shoe size, wealth). Even though mostly unintentional, patterns revealed by sophisticated data analysis can turn out to be discriminatory, either directly or indirectly. Particularly indirect discrimination (i.e., discrimination by proxy) can be hard to discover and enforce. From a substantive perspective, these technological developments also raise the question which discrimination grounds should be protected, since discrimination grounds are in flux and not harmonized across the EU. In this paper, through legal comparison, discrimination grounds across EU national constitutions and the CFEU are compared, to identify overlaps and differences. This overview is then used to start the discussion on the extent to which current legislation is still appropriate in the data economy or should perhaps be reconsidered.     

重思“特拉华迷思”——兼与傅穹教授商榷

在美国州际吸引公司注册的竞争中,特拉华州胜出,学界对此提出不同派别的猜想。特拉华州公司法偏向管理层而牺牲股东的利益还是偏向股东,目前尚无定论。特拉华的成功,很可能不仅仅在于其立法的先进,独特的司法体系和政治文化背景也在其中发挥了重要的作用。更重要的是超越特拉华成功的更深层次的问题：对公司注册有吸引力的公司法是否等同于有效率的公司法。     

The antidepressant debate and the balanced placebo trial design: an ethical analysis

There is ongoing debate about whether randomized, placebo-controlled trials under a double-blind have reliably established the pharmacological efficacy of antidepressants. Numerous meta-analyses of antidepressant efficacy trials, e.g., Kirsch et al. [Kirsch, I., Moore, T. J., Scoboria, A., & Nicholls, S. (2002). The emperor's new drugs: An analysis of antidepressant medication data submitted to the U.S. food and drug administration. Prevention and Treatment, 5, Article 23. (Retrieved July 19, 2007 from http://journals.apa.org/prevention/volume5)], have shown a modest drug-placebo difference but methodological problems with standard trial design preclude a definitive conclusion that this difference results from specific biological effects of antidepressants or the nonspecific factors that have not been adequately excluded. Standard trial design assumes the additivity thesis of pharmacological efficacy, being the assumption that the specific or "true" magnitude of the pharmacological effect is limited to the difference between the drug and placebo responses in a standard trial. If the drug effects are as small as these meta-analyses suggest, then their clinical effectiveness is questionable. If the drug effects are actually larger but masked by placebo effects, then the additivity thesis is not valid and we risk false negative results with standard trial design. Kirsch et al. propose an alternative, four arm balanced placebo trial design (BPTD) that can accurately test the additivity thesis. The BPTD uses antidepressants, active placebos and the intentional deception of research subjects. My focal question is whether the BPTD is ethically defensible. I will explore two objections that can be raised against it: 1) lying to BPTD research subjects violates their autonomy and exploits their illness and 2) the BPTD may not enable us to test the additivity thesis with accuracy, i.e., it may contribute to the masking of drug effects that it aims to avoid. I argue that these objections support the conclusion that the BPTD is ethically indefensible.     

The Paradox of Complaining: Law, Humor, and Harassment in the Everyday Work World

This article addresses the question of women's seeming rejection of sexual harassment law by refusing to apply the label "sexual harassment" in the face of incidents that would easily qualify as such. Building on the work of Bumiller (1988) and the tradition of sociolegal studies focusing on understanding the power of the law in its everyday context (e.g., Merry 1979; Engel 1987; Sarat and Kearns 1993), this analysis explores the "tactical milieu" in which both hostile work environment sexual harassment and tactics for its resistance are produced. Using in-depth interviews with both women and men, the author explores the ways a particular form of hostile work environment harassment–dubbed "chain yanking"–poaches on the realm of ambiguous humor to effect male group solidarity and women's disempowerment. A common countertactic–"not taking it personal"– is analyzed for its simultaneous power as resistance and unwitting collaboration. The contradictory effects of this tactic-countertactic pairing on the naming and claiming of the harm of sexual harassment are examined, as well as the implications this has for combating sexual harassment in the workplace.     

Indian Copyright Act and new communication technologies: A special focus on webcasting

The main aim of this paper is to consider whether the Indian Copyright Act 1957 (ICA) gives protection to future technologies. It follows an earlier paper on Webcaster's protection under copyright published in [2011] 27 CLSR 479–496. By way of asking that question it is sensible to examine whether webcasting/streaming is protected by ICA or not. In order to enquire the same, we need to study the penetration of streaming/webcasting technology into the Indian market and its application. Since the technology is linked with the Internet, it is also essential to examine its penetration and the availability of bandwidth and the potential market for such communications. All these aspects are studied in the first part of this paper. In the second part a brief outline is offered of the relevant provisions of the Act. At issue is whether they give protection to the future technologies or not. This will be considered in part three. The same will be examined with the proposed amendment to the Act too. The paper concludes that the Act fails to give protection to future technologies and therefore that streaming/webcasting is not protected in India under the copyright regime.     

Framing and perceptions of stalking: the influence of conduct severity and the perpetrator–target relationship

Research has demonstrated that the way in which questions are presented (i.e. framed) has the capacity to influence responses to subsequent questions. In the context of stalking, perception research has often been framed in terms of whether or not particular behaviours constitute stalking. The current research investigates whether the framing of the opening question (question frame), conduct severity and the perpetrator–target relationship influence perceptions of stalking. Two studies employed experimental 3×3 independent factorial designs: one to examine question frame and conduct severity, the other to examine question frame and the perpetrator–target relationship. Participants in both studies (total N=449) were presented with vignettes and asked to answer six questions relating to the behaviour described. Question frame was found to impact on the classification of behaviour, with a greater proportion of participants indicating that the behaviour represented harassment or stalking rather than an illegal act. Consistent with previous research, conduct severity and the perpetrator–target relationship influenced perceptions of stalking. However, there was no evidence to suggest that the framing of the opening question influenced these perceptions. The implications of these findings for previous perception research are discussed.     

Between a rock and a hard place – An international law perspective of the difficult position of globally active Internet intermediaries

With its ability to create a global legal risk exposure, combined with contradicting rights and duties, and limited enforcement possibilities, the Internet has created a unique environment where persons and corporations legitimately can question whether they should comply with all the laws that apply to them. Focussing on the role of globally active Internet intermediaries, this article attempts to tackle this issue by discussing the potential for, and potential features of, an international law doctrine of selective legal compliance.     

Negative governmentality through fundamental rights: The far side of the European Convention on Human Rights

This essay analyses those statements that mention legal norms in negative terms. Specifically, it analyses those statements that define a legal system by mentioning how legal protection does not work and where legal protection ends, and those statements that identify what rights‐holders do not have to with their legally protected free capacities. This essay argues that these statements address a systemic question. It calls such a dynamic as negative governmentality. The argument proceeds in four steps. It introduces the concept of negative governmentality by arguing that the idea of freedom requires both the positive affirmation of moral agency and the constraining of moral agency (Section 2 ). It then explores how rights constitute freedom by limiting rights or making exceptions to them (Section 3 ). Later, it analyses how rights‐based norms prevent abuse of rights by holders of rights (Section 4 ). Finally, it sees how rights‐based norms constrain the legal guarantor of rights, i.e., a state (Section 5 ). The essay concludes by mentioning the importance of negative governmentality (Section 6 ).     

The Limits of Emotivism. Some Remarks on Professor von Wright's Paper "Valuations"

According to the old tradition in ethical theory that Professor von Wright attempts to revive in his paper "Valuations," value judgments are to be viewed as nothing but expressions of approving or disapproving emotional attitudes. The present paper argues against this view on the grounds that (i) to have an emotional attitude towards an object o does not merely mean to express our liking or disliking of it, but to make a genuine (i.e., true or false) judgment about o ; and that (ii) this judgment, and not the emotional attitude o arises in us, is what we are justified to properly call a "value judgement."     

把证据学打造成全人类的科学──三论实质证据观

事实是一切学科的对象。事实不是陈述、命题、描述和断定。事实是指客观外界存在或不存在、发生或未发生的全部情况和过程。事实可分为如下类型：一、静态事实和动态事实;二、积极事实和消极事实;三、自然事实和人为事实;四、历史事实和当前事实。事实有四大功能,即认识的基础、证明的根据、检验的标准、思想的指南。事实有两重属性：一为客观性;二为关联性。证据也有两重属性。证据的客观性指的还是事实的客观性,证据的关联性指的也还是事实的关联性。可见,事实就是证据。事实有四大功能,证据自然也有四大功能。证据不限于司法工作需要,全人类都需要。因此,要把证据学打造成全人类的科学。     

Online Obsessive Relational Intrusion: Further Concerns About Facebook

Use of online social networking sites such as Facebook has burgeoned in the last 5 years. We examine these sites as facilitators of Online Obsessive Relational Intrusion (o-ORI)—a much-talked about, but relatively un-researched online phenomenon. We draw parallels between the types of behaviors conducted online and those identified in the literature on relational intrusion and its more extreme relative, stalking. We present a frequency analysis of students’ behavior on Facebook and find evidence of relational intrusion from both offenders and targets. The behaviors can be classified into five different categories, including: primary contact attempts, secondary contact attempts (i.e., contacting others connected to the target), monitoring or surveillance, expressions, and invitations. We conclude that Facebook facilitates behaviors that are indicative of obsessive relational intrusion and that such behaviors have implications for users’ privacy and security.     

A probabilistic approach to the joint evaluation of firearm evidence and gunshot residues

The present paper addresses issues that affect both the separate as well as the joint evaluation of firearm evidence (i.e., marks) and gunshot residues (GSR). Mark evidence will be used as a basis to discriminate among barrels through which a bullet in question might have been shot whereas GSR will be used to draw inferences about the distance of firing. Particular attention is drawn to the coherent handling of uncertainties associated with the various parameters considered within each item of evidence. The proposed analysis relies on a probabilistic viewpoint that uses graphical models (i.e., Bayesian networks) as an aid to cope with the complexity induced by the number of variables considered. The paper discusses how an approach based on a probabilistic network environment can be used for the formal analysis and construction of arguments. Emphasis is made on the gain of insight into structural dependencies that may be uncovered when the evaluative process is extended beyond single items of scientific evidence.     

ASSESSING AND EXPLAINING MISPERCEPTIONS OF PEER DELINQUENCY*

Peer delinquency is a robust correlate of delinquent and criminal behavior. However, debate continues to surround the proper measurement of peer delinquency. Recent research suggests that some respondents are likely to misrepresent their peers’ involvement in delinquency when asked in survey questionnaires, drawing into question the traditional (i.e., perceptual) measurement of peer delinquency. Research also has shown that direct measures of peer delinquency (e.g., measures obtained via networking methods such as Add Health), as compared with perceptual measures, differentially correlate with key theoretical variables (e.g., respondent delinquency and respondent self‐control), raising the question of whether misperception of peer delinquency is systematic and can be predicted. Almost no research, however, has focused on this issue. This study, therefore, provides detailed information on respondents’ misperceptions of peer behavior and investigates whether individual characteristics, the amount of time spent with peers, and peer network properties predict these misperceptions. Findings indicated that 1) some individuals—to varying degrees—misperceived the delinquent behavior of their peers; 2) self‐control and self‐reported delinquency predicted misperception; 3) respondents occupying densely populated peer networks were less likely to misperceive their peers’ delinquent involvement; and 4) peers who occupy networks in which individuals spend a lot of time together were more likely to misperceive peer delinquency. Implications are discussed.