The Structure of the Sarvadarśanasaṃgraha

Journal of Indian Philosophy - This article shows in detail that the widely held view according to which the Sarvadar?anasa?graha has a hierarchical structure is mistaken. It further...     

An Early Bka’-gdams-pa Madhyamaka Work Attributed to Atiśa Dīpaṃkaraśrījñāna

Although Ati?a is famous for his journey to Tibet and his teaching there, his teachings of Madhyamaka are not extensively commented upon in the works of known and extant indigenous Tibetan scholars. Ati?a’s Madhyamaka thought, if even discussed, is minimally acknowledged in recent modern scholarly overviews or sourcebooks on Indian Buddhist thought. The following annotated translation provides a late eleventh century Indo-Tibetan Madhyamaka teaching on the two realities (satyadvaya) attributed to Ati?a Dīpa?kara?rījñāna (982–1054 c.e.) entitled A General Explanation of, and Framework for Understanding, the Two Realities (bden gnyis spyi bshad dang/ bden gnyis ’jog tshul). The text furnishes an exposition of the Middle Way (madhyamaka) thought of Nāgārjuna based on an exegesis of conventional reality and ultimate reality within the framework of Mahāyāna path structures found in texts attributed to Maitreyanātha. The General Explanation fills an important gap in the historical knowledge of Madhyamaka teachings in eleventh century India and Tibet. The text presents a Madhyamaka teaching brought to Tibet by Ati?a and provides previously unknown evidence for the type of pure Madhyamaka teachings that circulated among the communities of early followers of Ati?a. These teachings were disseminated before the rise of the early Bka’-gdams-pa monastery of Gsang-phu ne’u-thog and its debating traditions that, particularly beginning in the twelfth century, placed emphasis on the merger of Madhyamaka and Epistemology (pramā?a).     

Robots in the cloud with privacy: A new threat to data protection?

The focus of this paper is on the class of robots for personal or domestic use, which are connected to a networked repository on the internet that allows such machines to share the information required for object recognition, navigation and task completion in the real world. The aim is to shed light on how these robots will challenge current rules on data protection and privacy. On one hand, a new generation of network-centric applications could in fact collect data incessantly and in ways that are “out of control,” because such machines are increasingly “autonomous.” On the other hand, it is likely that individual interaction with personal machines, domestic robots, and so forth, will also affect what U.S. common lawyers sum up with the Katz's test as a reasonable “expectation of privacy.” Whilst lawyers continue to liken people's responsibility for the behaviour of robots to the traditional liability for harm provoked by animals, children, or employees, attention should be drawn to the different ways in which humans will treat, train, or manage their robots-in-the-cloud, and how the human–robot interaction may affect the multiple types of information that are appropriate to reveal, share, or transfer, in a given context.     

The Relationship Between the bhāvas and the pratyayasarga in Classical Sāṃkhya

The relationship between the two classical Sā?khya paradigms of the conditions (bhāva) and the intellectual creation (pratyayasarga) has been a matter of debate since the early days of modern Indology. The precise role of each of these paradigms in the broader Sā?khya system, as well as the relationship between them, is unclear from the text of ī?varak???a’s Sā?khyakārikā, and most of the classical commentaries on this text offer little clarification. Of these commentaries, the anonymous Yuktidīpikā provides the most detailed and extensive information on many philosophical issues, including the nature of the bhāvas and the pratyayasarga. This article aims to show that previous attempts by scholars to explain the relationship between these two paradigms have not taken the evidence of the Yuktidīpikā fully into account, and to reconstruct a more adequate understanding on the basis of this evidence.     

Commentators on the Cārvākasūtra: A Critical Survey

In spite of the fact that the mūla-text of the Cārvākasūtra is lost, we have some 30 fragments of the commentaries written by no fewer than four commentators, namely, Kambalāśvatara, Purandara, Aviddhakarṇa, and Udbhaṭa. The existence of other commentators too has been suggested, of whom only one name is mentioned: Bhāvivikta. Unfortunately no extract from his work is quoted anywhere. The position of the Cārvākas was nearer the Buddhists (who admitted both perception and inference) than any other philosophical system. But in order to brand the Cārvākas as pramāṇaikavādins they were made to appear as one with Bhartṛhari. Even though the commentators of the Cārvākasūtra had some differences among themselves concerning the interpretation of some aphorisms, they seem to have been unanimous in regard to the number of pramāṇas to be admitted. It was perception and inference based on perception. Only in this sense they were pramāṇaikavādins. Unlike other systems of philosophy, the Cārvāka/Lokāyata did not accord equal value to perception and inference. Inference, they said, must be grounded on perception first, so it was of secondary kind (gauṇa). From the available evidence it is clear that the commentators were unanimous in one point, namely, primacy of perception which includes admittance of such laukika inference as is preceded and hence can be tested by repeated observations. In this respect both Aviddkarṇa and Udbhaṭa were in agreement with Purandara. Bhaṭṭodbhaṭa or Udbhaṭabhaṭṭa was known as a commentator who differed from the traditional Cārvākas and broke new grounds in explaining some of the aphorisms. His commentary is creative in its own way but at the same time unreliable in reconstructing the original Cārvāka position. Udbhaṭa seems to have digressed from the original, monist materialist position by taking a dualist position concerning the body-consciousness relation. Moreover, he seems to verge on the idealist side in his explication of an aphorism. In this sense he was a reformist or revisionist. Aviddhakarṇa, like Udbhaṭa, attempted to interpret the Cārvāka aphorisms from the Nyāya-Vaiśeṣika point of view, perhaps without being converted to the Cārvāka. Since it is not possible at the present state of our knowledge to determine whether they were Cārvākas converted to Nyāya or Naiyāyikas converted to Lokāyata, the suggestion that they simply adopted the Cārvāka position while writing their commentaries without being converted to the Cārvāka, may be taken as a third alternative. In spite of the meagre material available, it is evident that (1) not unlike the other systems, there is a lack of uniformity in the commentary tradition of the Cārvākasūtra, (2) not all commentators were committed monistic materialists; at least one, namely, Udbhaṭa, was a dualist, and (3) in course of time Nyāya-Vaiśeṣika terminology, such as gamya, gamaka, etc., quite foreign to the traditional Cārvāka, has been introduced into the Cārvāka system.     

A Śaiva Interpretation of the Satkāryavāda: The Sāṃkhya Notion of Abhivyakti and Its Transformation in the Pratyabhijñā Treatise

It is a well-known fact that the ?aiva nondualistic philosopher Utpaladeva (fl. c. 925–975) adopted the Sā?khya principle according to which the effect must exist in some way before the operation of its cause (satkāryavāda). Johannes Bronkhorst has highlighted the paradox inherent in this appropriation: Utpaladeva is a staunch supporter of the satkāryavāda, but whereas Sā?khya authors consider it as a means of proving the existence of an unconscious matter, the ?aiva exploits it so as to establish his monistic idealism, in perfect contradiction with the Sā?khya dualism of matter and consciousness. How does Utpaladeva achieve this complete reversal of meaning of the satkāryavāda? The present article argues that the elliptical verses of the ī?varapratyabhijñākārikā dealing with this issue have been partly misunderstood so far due to the loss of Utpaladeva’s own detailed commentary (Vivr?ti) on this passage: Abhinavagupta’s two commentaries, however terse in this respect, clearly show that a crucial part of Utpaladeva’s reasoning remains implicit in the verses. The article therefore attempts to reconstruct the gist of Utpaladeva’s strategy by having recourse to various other ?aiva sources, including Somānanda’s ?ivadr???i and Utpaladeva’s own commentary thereon. This examination shows that Utpaladeva’s appropriation of the satkāryavāda rests on a profound transformation of the Sā?khya notions of manifestation (abhivyakti) and potentiality (?akti), and that his criticism of the Sā?khya understanding of causality might target the ?aiva dualists as well as Sā?khya authors.     

Natural Law and the ‘Resistance’: A Normative Approach to the Skywalker Narrative in The Last Jedi

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique - The motion picture The Last Jedi involves important decisions and actions taken by the...     

“A part to play”: the value of role-play simulation in undergraduate legal education

This article explores the argument for increased student participation in experiential learning approaches within the UK undergraduate law curriculum. It is supported by the findings of a very small-scale research study undertaken by the writer into law students’ perceptions of the efficacy of role-play simulation as a means of studying mediation, in an optional credit-based module within the final year of a UK undergraduate qualifying law degree. In order to provide situational context, the first part of this article will briefly address the experiential learning possibilities for undergraduate law students, a discussion of the study involving qualitative research methodology, which was used to demonstrate that role-play simulation as a method of experiential learning has a place within the UK undergraduate law curriculum. The final part of this article will consider the findings of the study which demonstrated that, inter alia, role-play simulation can be motivational, helps to build student confidence, enables deeper learning, assists graduate skills acquisition and arguably enhances employability. Based on the findings of this study and other empirical evidence, the article suggests that greater emphasis could be placed on experiential approaches such as role-play simulation for credit-based law courses, including those “core” foundational courses which form part of the undergraduate qualifying law degree in the UK, but achievement of this aspiration is not without its challenges.     

Contract Negotiations and the Common Law: A Move to Good Faith in Commercial Contracting?

Classically a duty to negotiate commercial contracts in good faith has been seen as part of the civil, not the common, law world. Common law commercial lawyers have long resisted the lure of “good faith” as a contractual concept, despite engagement with civil law principles in harmonisation projects, by virtue of membership of the European Union and their use in international conventions such as the United Nations Convention on Contracts for the International Sale of Goods (CISG). This paper will examine whether this situation is changing, focusing on two common law jurisdictions—England and Wales and Canada. In England and Wales and the common law of Canada, case-law in the last 10 years has indicated a movement towards acceptance of express and implied duties of good faith in relation to contractual performance, see e.g. Yam Seng Pte Limited v International Trade Corporation Limited [2013] EWHC 111 (QB) and, most recently, Essex CC v UBB Waste (Essex) Ltd (No. 2) [2020] EWHC 1581 (TCC) in England and Wales; Bhasin v Hrynew 2014 SCC 71 and Callow v Zollinger 2020 SCC 45 in Canada. This paper will examine the extent to which these cases may open the way more generally for a duty to negotiate commercial contracts in good faith. It will examine the reception of these cases and whether they indicate (i) greater acceptance of “good faith” as part of contract law thinking and (ii) a possible extension of good faith into the pre-contractual period.

     

The duty of the state to eradicate the legacy of apartheid in South Africa versus resistance to change： Critical analysis of the Chairperson＇s Association Case

South Africa was colonized by European powers from as early as the seventeenth century and all aspects of the indigenous population were transformed, alternatively, subjected to the norms of life of the colonial powers. This led to the erosion of African names and the replacement therefore by colonial names. The South African Geographical Names Council Act is intended to address this legacy.     

United Nations Mission to Kosovo: in Violation of the Right to Life?

International organisations are expected to abide to human rights standards in the course of their operations. However, to what standards are transitional regimes held accountable? Should the UN exercising executive powers be held accountable to the same or higher standard than a national government? In this article, the author discusses the legal basis relied upon by a UN internal human rights mechanism, the Human Rights Advisory Panel (HRAP), that declared the UNMIK in violation of its positive obligation to investigate enshrined in Article 2 of the EHRC. A closer look at the opinions issued by the HRAP reveals that it might have misapplied the standard set forth in the relevant jurisprudence of the European Court for Human Rights, and thereby held UNMIK accountable under stricter requirements.     

A Review of Sex Disparities in the “Key Players” of the Capital Punishment Process: From Defendants to Jurors

Extralegal disparities between defendants sentenced to the death penalty and those who receive life without parole disturb even the most resolute advocates of capital punishment. Extensive bodies of research document extralegal factors influencing death penalty outcomes. Although studies largely focus on race and ethnicity, a growing body of research considers the impact of sex on the capital sentencing process. This paper reviews the extant research on the impact of the sex of the victim, defendant, attorney, juror, and judge on capital case outcomes. Women’s scarcity on death row and a previously documented “female victim effect” condemning male defendants who kill female victims, particularly for those committing crimes of sexual degradation, suggests that death row policies and their implementation chivalrously protect female defendants and victims. Conversely, a limited amount of research documents a “domestic discount,” or greater leniency for death-eligible crimes commonly victimizing women than for those victimizing acquaintances or strangers. Although opinion polls document greater support for the death penalty among men than women, juror sex inconsistently predicts sentencing outcomes in the literature. Minimal research on judge and attorney sex finds female judges more liberal in death penalty sentencing than male judges and inconclusive relationships between attorney sex and adjudication. Findings in the research on sex and death penalty outcomes support the existence of a “sex effect” and inform recommendations for future research to expand the body of literature.     

Ready to leave the ivory tower?: Academic scientists’ appeal to work in the private sector

This study investigates the factors that shape the attitudes of scientists toward starting their own business or working in a private sector firm. The analysis is based on data collected from scientists working in the German Max Planck Society, a research institution devoted to basic science. We find that the scientists’ attractiveness of working in a private sector firm or of starting their own business differ considerably according to their academic discipline and the self-reported commercial potential of their research. The ability to take risks, prior work experience in private firms, and personal experience in cooperating with industry lead to a positive attitude towards switching to private sector employment or entrepreneurship. Strong willingness to freely distribute research findings is related to a low appeal of private sector work.     

“Memorialization Laws in the United Kingdom: A Response to Fear or an Increased Occurrence?”

Issues of sexual abuse, predation and rape have received an increased degree of attention over the last decade and as a result have overshadowed similarly offensive crimes. Various highly publicized cases of sexual violence against women and children have gripped both the United States and the United Kingdom and have resulted in the implementation of sexual violence laws. Media coverage of an ‘epidemic’ of sexual violence has led some to question whether the frenzy surrounding these publicized cases has created a “fear factor” among parents and caregivers, begging the question as to whether the incidence of sexual violence has increased or whether the heightened sensitivity is a result of increased media reporting. This article examines approximately 12 years of aggregate sexual abuse prevalence data (crimes reported to the police) in England, Wales, Scotland and Northern Ireland, and compared prevalence change points and sexual offense law implementation. The article then examines the possible theory of whether Sarah’s Law could potentially to be a result of increased fear or a moral panic. Findings indicate sex crime rates were declining prior to the law’s implementation, lending cautious support to the proposition that the genesis of Sarah’s Law may have been due to fear, rather than actual increases in sexual crimes.     

Aśvaghoṣa and His Canonical Sources I: Preaching Selflessness to King Bimbisāra and the Magadhans (Buddhacarita 16.73–93)

A?vagho?a’s Buddhacarita contains two sharply argumented critiques of the non-Buddhists’ self: one against Arā?a Kālāma’s (proto-)Sā?khya version of the ātman in Canto 12, and one of a more general import in Canto 16. Close scrutiny of the latter?s narrative environment reveals A?vagho?a’s indebtedness, in both contents and wording, to either a Mahāsā?ghika(/Lokottaravādin) or—much more plausibly—a (Mūla)sarvāstivāda account of the events that saw the Buddha preach selflessness to King Bimbasāra and his Magadhan subjects. Besides hinting at this genetic relationship, the present essay aims at exhibiting the structure and contents of A?vagho?a’s arguments against the self, some of which can pride themselves of a long posterity in the controversy over the self.