Amendment to new regulations enabling exempt private trust companies to be established in the British Virgin Islands

The Financial Services (Exemptions) (Amendment) Regulations,2007 (the ‘Amendment Regulations’) were made bythe British Virgin Islands Cabinet on 27 December 2007.¹ The Amendment Regulations amend the Financial Services (Exemptions)Regulations, 2007² by extending until 31 July 2008 the periodduring which paragraphs (c) and (d) of Direction 7 of the Banksand Trust Companies (Application Procedures) Directions, 1991(the ‘Directions’) apply. The effect     

A Śaiva Theory of Meaning

The Pauṣkara briefly discusses the meaning-expressing nature of śabda (constituted of phonemes, varṇa) and the means to the cognition of word and sentence meaning. According to this dualistic Śaiva Tantra, meaning is denoted by nāda, a capacity of varṇas. Varṇas also are the means to the cognition of meaning through a capacity (saṃskāra) manifested in them. Although the meaning-denoting capacity is natural to varṇas, the relation of words (which are nothing but groups of varṇas) with objects is fixed by convention. This article translates and analyzes the relevant passages from the sixth and eighth chapters. Certain arguments of plagiarism levelled against the eighth chapter of the Pauṣkara are examined in the concluding part of the article.     

The political-criminal nexus in the united states

Summary The 1967 Task Force Report on Organized Crime (TFR) found that “...all available data indicate that organized crime flourishes only where it has corrupted public officials.” 48 From that standpoint, neutralizing local law enforcement would appear to be central to criminal operations. That conclusion would depend on (a) how one defines “organized crime” and (b) the assumption that organized crime described by the Task Force covers all cases and species of it including what is referred to as “non-traditional” organized crime. A conclusion that seems unchallengeable in the Report is the observation that it was impossible to determine “the extent of the corruption of public officials in the United States.” The lack of information on this question was aggravated by the fact that many of those who provided information to the Task Force were themselves public officials.     

Bahrain: Central Bank of Bahrain succeeds Bahrain Monetary Agency

The Central Bank of Bahrain came into existence on 7 Septemberand has taken over all the tasks previously conducted by theBahrain Monetary Agency (‘BMA’). The Central Bankof Bahrain and Financial Institutions Law (‘CBB Law’)issued by Decree No. 64 of 2006 gives the CBB strong operationalindependence and a wider range of enforcement powers. The CBBLaw has also replaced the Insurance Law (Legislative DecreeNo. 17     

Crimes against water: non-enforcement of state water pollution laws

In the United States water pollution is a serious problem criminalized not only by the federal government, but by all states. These laws vary greatly in content, but are widely disobeyed and universally under-enforced. Statutes, case law, histories and journalism show “law in action” typologies of non-enforcement efficacious for analysis including: (1) jurisdiction issues like federal pre-emption, inter-state compacts, and constitutional limitations; (2) legislative issues such as failure to legislate, or legislating ineffectively; (3) agency issues, including administrative obstacles, delegation, power vacuums, procedure, and “agency capture”; (4) policing issues like apathy, under-funding/training, jurisdictional confusion, and “following the path of least resistance”; (5) prosecutorial issues, including isolation, intimidation, and ideological priority bias; (6) trial and appellate court issues, including unclear culpability, erroneous holdings, bias, and lack of judicial independence; and (7) citizen, victim, and defendant issues, including legal intellectual influence, environmentalist criminalization apathy, industry lobbying, environmental justice, reporting failures, self-policing, ethics and flight. The conclusion is non-enforcement in this area of criminal law shows that while federally there may exist a relatively consistent, content neutral enforcement system, at the state level resistance to enforcement is seen across a number of fronts. Ultimately, states can be seens as colonized frontiers servicing venture capitalism, consistent with a “race to the bottom.”     

Drunk and dangerous: a randomised controlled trial of alcohol brief intervention for violent offenders

To assess the effectiveness of an alcohol brief intervention administered to violent offenders in a judicial (Magistrates’ court) setting, a randomised controlled trial was conducted. Participants (n = 269) were men aged 16–35 years, who resided within a 30-mile radius of Cardiff, UK, and who had been sentenced for a violent offence committed whilst intoxicated with alcohol. Recruitment occurred on-site. Participants were randomly allocated to receive an alcohol brief intervention (n = 135) or to a control group (n = 134). Objective measures comprised re-offending and injury rates. Self-reported outcome measures comprised Alcohol Use Disorders Identification Test (AUDIT); number of drinking days in the past 3 months; total weekly standard units of alcohol; and stage of change with respect to alcohol consumption (as measured by the Readiness to Change Questionnaire). Participants were followed up 3 months (n = 234; 87%) and 12 months (n = 202; 75.1%) after sentence. No significant between-group differences were observed in any of the alcohol measures or in re-offending. Injury was significantly less likely in offenders who had received the intervention (27.4%) than those who had not [39.6%; 95% confidence interval (CI) = −0.23, −0.009]. At 3-month follow-up, significantly more participants in the intervention group (31%; n = 37) than control group (16%; n = 18) demonstrated an increase in their readiness to change drinking behaviour (χ² = 8.56; df = 2; P = 0.014), but this did not persist at 12-month follow-up.

Breaking the Circle. Dharmakīrti’s Response to the Charge of Circularity Against the Apoha Theory and its Tibetan Adaptation

This paper examines the Buddhist’s answer to one of the most famous (and more intuitive) objections against the semantic theory of “exclusion” (apoha), namely, the charge of circularity. If the understanding of X is not reached positively, but X is understood via the exclusion of non-X, the Buddhist nominalist is facing a problem of circularity, for the understanding of X would depend on that of non-X, which, in turn, depends on that of X. I distinguish in this paper two strategies aiming at “breaking the circle”: (i) conceding the precedence of a positive understanding of X, from which a negative understanding (i.e., the understanding of “non-X”) is derived by contrast, and (ii) denying any precedence by proposing a simultaneous understanding of both X and non-X. I consider how these two options are articulated respectively by Dharmakīrti in his Pramāṇavārttika cum Svavṛtti and by one of his Tibetan interpreters, Sa skya Paṇḍita, and examine the requirements for their workability. I suggest that Sa skya Paṇḍita’s motivation to opt for an alternative solution has to do with his criticism of notions shared by his Tibetan predecessors, an outline of which is given in Appendix 1. In Appendix 2, I present the surprising use of the charge of circularity by an early Tibetan logician against his coreligionists.     

The Descent of Power: Possession,Mysticism, and Initiation in the Śaiva Theology of Abhinavagupta

This paper surveys the key terms śaktipāta and samāveśa (both of which refer to religious experience) in the primary sources of Tantric Śaivism over several centuries of textual development, building up a theory as to their range of meanings. It specifically focuses on their usage by Abhinavagupta (Kāshmīr, 10th century) by presenting a complete translation of chapter 11 of his Tantrasāra. The paper thus serves to (a) illuminate the nature of spiritual experience and the qualifcations for religious praxis in Śaivism, (b) give insight into the worldview of the Tantric Śaivas, and (c) help in pinpointing a specific and significant issue in the phenomenological study of religion generally. An earlier version of this paper has been published in a somewhat different form in Evam: Forum on Indian Representations vol. 4, published by Samvad India, New Delhi, India. This paper could not have been written without two years of intensive study with Professor Alexis Sanderson of All Souls College, Oxford, whose scholarship has proved essential in advancing my understanding of Śaivism. Also very helpful was Dr. Somadeva Vasudeva, now of Columbia University, whose database and encyclopedic knowledge have been invaluable. The germ of the idea for this article was suggested to me when Professor Paul Muller-Ortega (University of Rochester) first pointed out to me the passage beginning at MVT 2.14.     

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.     

Transboundary water interaction II: the influence of ‘soft’ power

This paper seeks to broaden the analysis of transboundary water interaction, by examining and interpreting the influence of ‘soft’ power therein. The ‘soft’ power of persuasion is understood to be exercised through discursive and to a lesser extent ideational means, and is interpreted in terms of compliance related to distributive (conflictual) or integrative (consensual) ends (after Scott (1994)). The focus is on inter-state water conflicts in hegemonic political contexts, where, it is found, the ‘first among equals’ has a greater ability to exploit ‘soft’ power and to determine the outcome. ‘Soft’ power is also seen to influence the choices states make or avoid in their transboundary water interaction, which explains in part how treaties intending to manage conflict may in fact delay or perpetuate it. For example, ‘soft’ power can be used by the basin hegemon to frame inequitable forms of cooperation in a cooperative light, such that unfair and ultimately unsustainable transboundary arrangements are replicated by the international donor community. Non-hegemonic riparian states also employ their capacity of ‘soft’ power, though may find themselves with little choice other than to comply with the arrangement established by the basin hegemon. The findings stress the importance of analysts questioning claims of interaction promoted as ‘cooperative’, and of examining the ‘soft’ power plays that underlie all transboundary water arrangements. Exemplification is provided through transboundary river basins and aquifers around the globe.     

The Two Pratyabhij?ā Theories of Error

In this essay, it is argued that Abhinavagupta’s theory of error, the apūrṇakhyāti theory, synthesizes two distinguishable Pratyabhij?ā treatments of error that were developed in three phases prior to him. The first theory was developed in two stages, initially by Somānanda in the Śivadṛṣṭi (ŚD) and subsequently by Utpaladeva in his Īśvarapratyabhij?ākārikās (ĪPK) and his short autocommentary thereon, the Īśvarapratyabhij?āvṛtti (ĪPVṛ). This theory served to explain individual acts of misperception, and it was developed with the philosophy of the Buddhist epistemologists in mind. In a third phase, Utpaladeva developed in his Śivadṛṣṭivṛtti (ŚDVṛ) a second theory of error, one that involved the noncognition of non-duality (abhedākhyāti) and served to explain both the appearance and perception of multiplicity, despite the strict monism to which all Pratyabhij?ā authors subscribe. Abhinavagupta’s treatment of error, then, is significant not only because it was meant to explain all the various theories of error offered by opposing philosophical schools, as Rastogi has shown, but more importantly because it synthesized the thinking of his predecessors on the matter in a single, elegant account of error.     

Shared Typologies of Kāmaśāstra,Alaṅkāraśāstra and Literary Criticism

This paper brings kāmaśāstra into conversation with poetics (alaṅkāraśāstra) and modes of literary criticism associated with Sanskrit literature (kāvya). It shows how historical intersections between kāvya, kāmaśāstra, and alaṅkāraśāstra have produced insightful cross-domain typologies to understand the nature and value of canonical works of Sanskrit literature. In addition to exploring kāmaśāstra typologies broadly as conceptual models and analytical categories useful in literary-critical contexts, this paper takes up a specific formulation from the kāmaśāstra (the padminī-citriṇī-śaṅkhinī-hastinī type-casting of females) used by a twentieth century literary critic to frame the relationships between canonical poets of Sanskrit literature.     

Is there such thing as ‘global sex trafficking’? A patchwork tale on useful (mis)understandings

This article intends to respond to a recent call (e.g., Zhang Global Crime 10(3):178–195, 2009; Brunovskis and Surtees International Migration 48(4):1–38, 2010) for more innovative studies and methodologies in order to move beyond the current discourse on human trafficking. We do so by describing three ethnographic fragments on the dynamics of (dealing with) sex trafficking within Europe. The concepts of ‘friction’ and ‘collaboration’ (Tsing Cultural Anthropology 15(3):327–360, 2000, 2005) are used to analyse these fragments. These concepts refer to creative processes that occur as people interact across differences. They give insight into how universal ideas on freedom and justice enable collaboration between parties involved in fighting human trafficking who do not necessarily share a common goal. We conclude that the presented method of ‘patchwork ethnography’ is useful in studying sex trafficking as it implies a strong focus on connections between ‘sites of diverse knowledge’, without losing sight of individual stories of people making those connections. ‘Patchwork ethnography’ is innovative and it allows researchers to expose and untangle the workings of the supposedly all-powerful phenomenon and the encompassing, uniform, hegemonic discourse surrounding human (sex) trafficking.     

Police and Alcohol Use: A Descriptive Analysis and Associations with Stress Outcomes

Alcohol misuse is a significant problem in police work. This study describes alcohol use correlates and examines psychological outcomes of stress associated with the use and level of alcohol by police officers. Measures: (1) AUDIT-Alcohol Use Disorders Identification Test; (2) demographics; (3) Center for Epidemiological Studies Depression scale; (4) Impact of Events Scale (PTSD); and (5) life events scale. The mean AUDIT score was M = 5.64 (low risk <8). Male officers had significantly higher scores in overall AUDIT total, hazardous alcohol use domain, and dependent symptoms domain (p = 0.004, 0.002, 0.031, respectively). Women officers in the hazardous drinking range on the AUDIT were significantly younger than women officers in the lower AUDIT range (p = 0.050). Males in the hazardous drinking range had significantly higher external life event scores than females (p = 0.037), suggesting a need for increased attention to the spillover effect of police work.     

Development of a Marketing Campaign to Recruit Non-adjudicated and Untreated Abusive Men for a Brief Telephone Intervention

Although voluntary enrollment by abusive men in domestic violence perpetrator treatment programs occurs, most men enter treatment only after they have injured a partner or family member and have been arrested, convicted and sentenced. This leaves a serious gap for those who engage in abusive behavior but who have not been served by the legal or social service systems. To address this gap, the researchers applied social marketing principles to recruit abusive men to a telephone-delivered pre-treatment intervention (the Men’s Domestic Abuse Check-Up—MDACU), designed to motivate non-adjudicated and untreated abusive men who are concurrently using alcohol and drugs to enter treatment voluntarily. This article discusses recruitment efforts in reaching perpetrators of intimate partner violence, an underserved population. Informed by McGuire’s communication and persuasion matrix, the researchers describe three phases of the MDACU’s marketing campaign: (1) planning, (2) early implementation, and (3) revision of marketing strategies based on initial results. The researchers’ “lessons learned” conclude the paper. This project is supported by a grant from the National Institute on Drug Abuse, 1 RO1 DA017873.