Is Word-Meaning Denoted or Remembered? Śālikanātha’s Cornerstone in Defence of Anvitābhidhāna

Journal of Indian Philosophy - The role of memory in one’s cognition of sentential meaning is a pivotal topic in Indian philosophical debates on the nature of language. The...     

The Mūlāvidyā Controversy Among Advaita Vedāntins: was Śaṅkara Himself Responsible?

The concept of avidyā or ignorance is central to the Advaita Vedāntic position of Śȧnkara. The post-Śaṅkara Advaitins wrote sub-commentaries on the original texts of Śaṅkara with the intention of strengthening his views. Over the passage of time the views of these sub-commentators of Śaṅkara came to be regarded as representing the doctrine of Advaita particularly with regard to the concept of avidyā. Swami Satchidanandendra Saraswati, a scholar-monk of Holenarsipur, challenged the accepted tradition through the publication of his work Mūlāvidyānirāsaḥ, particularly with regard to the avidyādoctrine. It was his contention that the post-Śaṅkara commentators brought their own innovations particularly on the nature of avidyā. This was the idea of mūlāvidyā or ‘root ignorance’, a positive entity which is the material cause of the phenomenal world. Saraswati argues that such an idea of mūlāvidyā is not to be found in the bhāṣyas (commentaries) of Śaṅkara and is foisted upon Śaṅkara. This paper attempts to show that although Śaṅkara may not have explicitly favoured such a view of mūlāvidyā, his lack of clarity on the nature of avidyā left enough scope for the post-Śaṅkara commentators to take such a position on avidyā.     

Nirvāṇa and Tathatā in the Early Yogācāra Texts: The Bodhisattva’s Adaptation of the Śrāvaka-Path

Indian and Chinese commentaries on the Bodhisattva-path assign to it a path of seeing analogous to that of the ?rāvaka-path. Consequently, the non- discursive insight of the bodhisattva is usually taken to be equivalent to the insight of the ?rāvaka when s/he experiences the unconditioned. Yet a matter of concern for the bodhisattva in the Prajñāpāramitā literatures and many other earlier Mahāyāna texts is that s/he should not realize the unconditioned (=nirvā?a) in the practice of the path before s/he attains Buddhahood. Because the bodhisattva has to accumulate immeasurable kalpas of merits in order to attain Buddhahood, s/he does not want to end the circle of existence by realizing the unconditioned. Ending the circle of existence would deprive her/him of the chance to attain Buddhahood. An early extant system of the Bodhisattva-path delineated in the Yogācārabhūmi (YBh), especially in the Bodhisattvabhūmi (BoBh) follows these early Mahāyāna sūtras in the treatment of the unconditioned. However, according to BoBh, the bodhisattva beginning from the first level can take rebirths at will and at the eighth level s/he enters into Suchness (tathatā) with non-discursive knowledge (nirvikalpajñāna). On the other hand, the bodhisattva has no esteem for the unconditioned and abstains from the abandonment of all defilements and the realization of nirvā?a. By comparing the Bodhisattva-path in BoBh with the ?rāvaka-path delineated especially in the ?rāvakabhūmi (SrBh) of the same YBh system this paper tests whether the insight of the bodhisattva or the insight of Suchness is endowed with properties equivalent to the transcendental status of nirvā?a or whether the insight of Suchness is a mundane insight, which still falls short of nirvā?a.     

The Compulsory Jurisdiction of the International Court of Justice: How Compulsory Is It?

The "compulsory jurisdiction" of the International Court ofJustice is not truly compulsory. The Court's jurisdiction isbased on the consent of the parties. States have the optionto accept or not to accept the Court's jurisdiction and cando so under terms and conditions they determine themselves.However, once a State has granted its consent, and when a disputethat falls within the scope of that consent is submitted tothe Court, the State must subject itself to the Court's jurisdiction.It is that legal obligation that is at the root of the term"compulsory".     

A South Indian ?ākta Anthropogon?: An Annotated Translation of Selections from Mahe?varānanda’s Mahārthama?jarīparimala, gāthās 19 and 20

This article represents the first of a projected series of annotated translations of the Mahārthama?jarīparimala of Maheśvarānanda, a Śaiva Śākta author active in Cidambaram around the turn of the fourteenth century of the Common Era. The present translation includes excerpts from the text’s presentation of two of the levels of reality (tattvas), puruṣa and prakṛti. These two tattvas, the apex of the older Sāṃkhya scheme incorporated centuries earlier by the Śaivas, provide for Maheśvarānanda the centerpiece and climax of his understanding of the structure of the Śaiva cosmos. Fundamental to the rhetoric of Maheśvarānanda’s idiosyncratic presentation is his reliance upon a simultaneous strategy of integration and distinction of his argument within the wider world of Śaiva doctrinal common sense. He seeks to integrate the characteristic meditative structure of his Krama or Mahārtha system within a theological framework shared by all Śaiva theists. It can be seen that Maheśvarānanda’s interpretation of the junction between these two reality levels delineates a picture of what it is to be a human being, equipped with an inner life and a personality. The article also reviews the quality of the published editions of the Mahārthama?jarī, discusses its textual history, and offers a number of suggested emendations to the passages translated.     

Evaluation of the Postmortem Glucose and Glycogen Levels in Hepatic,Renal, Muscle,and Brain Tissues: Is It Possible to Estimate Postmortem Interval Using These Parameters?

The aim of our study was to investigate the postmortem levels of glucose and glycogen in hepatic, renal, muscle, and brain tissues and then examine the changes in those levels that could be useful for estimating postmortem interval. We established an animal model. Seventy female BALB/c albino mice were used in this study. After being sacrificed, the mice were randomly divided into six groups according to time elapsed since death (Group 1: 0 h; Group 2: 12 h; Group 3: 24 h; Group 4: 36 h; Group 5: 48 h; and Group 6: 60 h). Glucose levels were significantly different between groups for all tissues studied. Slope of the change per unit time was higher for the hepatic glucose levels. Based on these results, it is possible to estimate postmortem interval using postmortem glucose levels in hepatic tissue. Tissue‐specific assessment may contribute valuable information to postmortem interval studies.     

<Emphasis Type="Italic">It’s Right,It Fits,We Debated,We Decided,I Agree,It’s Ours,and It Works</Emphasis>: The Gathering Confluence of Human Rights Legitimacy

How should we understand human rights and why might we respect them? The current literature – both philosophical and historical – presents a barrage of conflicting accounts, including moral, functional, deliberative, legal, consensual, communitarian and pragmatic approaches. I argue that each approach captures a unique, common-sense – and, in principle, compatible – insight into why human rights warrant respect. Acknowledging this compatibility illuminates the myriad different avenues for legitimacy human rights enjoy, and provides a historical window into explaining how human rights rose to become the international community’s ethical lingua franca. The depth and spread of convergence on human rights proved possible precisely because myriad people the world over found a wealth of disparate reasons for rallying under its banner. But even as human rights enjoy seven distinct sources of legitimacy, I argue that they are thereby opened for normative challenge on seven distinct fronts.     

(Close) the Door,the King (is Going): The Development of Elliptical Resolution in Bhāṭṭa Mīmāṃsā

This paper examines three commentaries on the ?abdapariccheda in Kumārila Bha??a’s ?lokavārttika, along with the the seventeenth century Bhā??a Mīmā?sā work, the Mānameyodaya. The focus is the Mīmā?sā principle that only sentences communicate qualified meanings and Kumārila’s discussion of a potential counter-example to this claim–single words which appear to communicate such content. I argue that there is some conflict among commentators over precisely what Kumārila describes with the phrase sāmarthyād anumeyetvād, although he is most likely describing ellipsis completion through arthāpatti. The paper attempts both a cogent exegesis and philosophical evaluation of the Bhā??a Mīmā?sā view of ellipsis completion, arguing that there remain internal tensions in the account of ellipsis preferred by the Bhā??a, tensions which are not entirely resolved even by the late date of the Mānameyodaya.     

It’s a Man’s World,Try to Convince the Men Otherwise: The Role of Women in Irish Policing

Police organizations are historically and predominantly male organizations; as such, the purpose of this study is to examine the role of women in Irish policing. The literature review will analyze gender-specific organizational literature, focused on the United States. Theoretical components include biological determination and social constructivism in the policing context. The study is conducted through qualitative interviews and thematic analysis of 10 current and former Gardaí in Ireland. This study empirically contributes to how the organization views gender and how those differences are institutionalized in that Gardaí are treated differently based on their gender.     

Is It the What or the How? The Roles of High‐Policing Tactics and Procedural Justice in Predicting Perceptions of Hostile Treatment: The Case of Security Checks at Ben‐Gurion Airport,Israel

What affects perceptions of hostile treatment by police, characterized by feelings such as humiliation and intimidation? Is it what the police do to the citizen, or is it about how they do it? The important effects of procedural justice are well documented in the policing literature. Yet, it is not clear how high‐policing tactics, coupled with procedural justice, affect one's sense of hostile treatment: is it the case that what the police do does not matter as long as they follow the principles of procedural justice, or do some invasive or unpleasant tactics produce negative emotions regardless of the amount of procedural justice displayed by the officer? In the present study we examine this question in the context of security checks at Ben‐Gurion Airport, Israel. Using a survey of 1,970 passengers, we find that the behavioral elements of procedural justice are an important antidote, mitigating the negative effects of four “extra” screening measures on the perceived hostility of the checks. At the same time, two security measures retain an independent and significant effect. We discuss the implications of our findings and hypothesize about the characteristics of policing practices that are less sensitive to procedural justice.     

The Google conundrum: Perpetrator or facilitator on the net? - Forging a fair copyright framework of rights, liability and responsibility in response to search engine 2.0 - Part II: The Google Books Search Project

Is Google in its quest for search engine optimization through the creation of new technologies, which not only improves its search algorithms but also refines its search functions for users, doing it in a manner that makes it a perpetrator of primary copyright infringement or an invaluable facilitator for Internet functionality? How should the balance of interests in the treatment of creative works be recalibrated in the face of changes in search engine technology and operations, and the disputes that have arisen within the last decade in the context of the digital age and its needs? Using Google as a case study, this paper will look at the two main areas of dispute over the operations of information locator tools and services that either threatens search engine functionality and efficiency or weakens copyright holders’ exclusive rights. It proposes a concerted set of solutions through a reassessment and amendment of copyright law to optimize the social benefits and objectives of both the copyright regime and technological innovations in the electronic model of information archiving, indexing and delivery. A fair distribution of responsibilities and allocation of rights and liabilities will be suggested. In the process, due consideration will be given to both public and private interests, with the former taking precedence; while the recommended solutions will be made within the currently outdated framework for Internet intermediary protection (i.e. safe harbor laws) and exceptions (i.e. specific statutory exemptions and the general fair use defense) under the existing copyright regime. Thus, the proposed changes will be far reaching without being too radical a departure from current law, an evolution that will likely be more acceptable and realistic a solution to the problem.This paper is published in two parts. Part One of this paper published in the previous edition of the CLSR at [2011] 27 CLSR 110-131 dealt with the challenges to the copyright regime posed by the operations and technology behind the Google Images Search Engine, while Part Two will assess the benefits of the Google Books Search Project vis-à-vis the effects it will have on the scope of copyright protection. Recommendations are made to copyright law to accommodate both functions while generally preserving the main objectives of copyright protection.     

‘The referring court asks,in essence’: Is reformulation of preliminary questions by the Court of Justice a decision writing fixture or a decision‐making approach?

The Court of Justice can rephrase or otherwise depart from the questions referred to it by national courts under Article 267 of the Treaty of the Functioning of the European Union. It does so routinely: a practice known as reformulation. Legal literature often argues that reformulation is used to clarify national court questions and bring them within the scope of European Union law. The aim of the present article is to explore this claim systematically. To this end, it compiles a unique dataset consisting of the Orders for Reference, in which the referring courts embed the preliminary questions, and the judgments, in which the Court of Justice communicates the answers. The findings suggest that reformulation is a decision‐making approach rather than a fixture of decision writing. It's main function is to neutralize conflicts and Europeanise disputes. It underlines the Court's power to shape the preliminary ruling procedure and its outcomes.     

Reproducing Whiteness: Feminist Genres,Legal Subjectivity and the Post-racial Dystopia of <Emphasis Type="Italic">The Handmaid’s Tale</Emphasis> (2017-)

This article investigates the critical potential of a contemporary dystopia, The Handmaid’s Tale (Miller 2017-), a U.S. television series adapted from a popular novel by Canadian author Margaret Atwood (1985). The text is widely understood as a feminist intervention that speaks to ongoing struggles against gender oppression, but in this article I consider the invitations that the show offers its viewers in treating race the way that it does, and consider what it means to refuse these invitations in pursuit of a critical feminist understanding of authority, legal subjectivity, and violence. Drawing on the recent turn to genre, my reading focuses on how whiteness is reproduced through this cinematic text and its inculcation of particular ways of seeing, modes of identification and attachment. The Handmaid’s Tale’s post-racial aesthetic means that its thematic engagement with gender, sexuality and resistance actively disavows national and international histories of racist state violence and white supremacy. Its problematic feminism is thus uniquely instructive for understanding how whiteness is reproduced in contemporary (neo)liberal configurations of legal subjectivity and state authority.