Bhaṭṭoji Dīkṣita’s “Small Step” for a Grammarian and “Giant Leap” for Sanskrit Grammar

This paper is devoted to theoretical and methodical considerations on our study and understanding of macroscopic transitions in the world of Sanskrit intellectuals from the sixteenth to the eighteenth century (cf. Pollock, Indian Economic and Social History Review 38(1):3–31, 2001). It is argued that compared to his immediate predecessors Bha??oji Dīk?ita’s contribution to Prakriyā grammars was modest. It was to a large extent on account of changed circumstances—over the centuries mainly a slow but steady decline—in the position of Sanskrit and the general public’s need for a simple definition of authoritatively correct Sanskrit that Bha??oji’s grammar met with success so quickly, so widely, and so solidly. I once knew a little boy in England who asked his father, “Do fathers always know more than sons?” and the father said “Yes.” The next question was, “Daddy, who invented the steam engine?” and the father said “James Watt.” And then the son came back with “But why didn’t James Watt’s father invent it?” Gregory Bateson (1972, p. 21)      

BETWEEN CLASSICISM AND POSITIVISM: CRIME AND PENALITY IN THE WRITINGS OF GABRIEL TARDE*

This study is a foray into a neglected but nevertheless important area in the intellectual history of the sociology of crime. Its focus is the writings of Gabriel Tarde (1843–1904), an elusive figure who was tremendously influential in his own time yet whose criminology was quickly lost in the even wider acclaim then accorded his contributions to political philosophy and social psychology. Three consistent lines of enquiry in Tarde's considerable discourse on crime are explained here, as follows: (1) his virulent opposition to biological positivism; (2) his attempt to transcend the crude scientism of the Franco-Belgian moral statisticians; and (3) his debate with Durkheim about the putative normality of crime. It is suggested that Tarde's engagement in these debates contributed to a protracted, neoclassical compromise in the domain of penality whereby the legal subject of classical jurisprudence was rescued from the positivist revolution in criminology.     

U. Vē. Cāminātaiyar and the Construction of Tamil Literary “Tradition”

U. Vē. Cāminātaiyar (1885–1942) is arguably one of the most influential figures of the so-called “Tamil Renaissance” of the nineteenth and early twentieth centuries; his work has profoundly shaped the study of Tamil literature, both in India and the Euro-American academy, for more than a century. Among his many literary works is a long and incomplete autobiographical treatise known as Eṉ Carittiram, literally “My Life Story,” initially published in 122 installments between 1940 and 1942. What little scholarly attention this fascinating autobiographical narrative has received thus far has largely read the text as an artless, transparent documenting of South Indian literary culture in the late nineteenth century. Yet the text reveals substantial rhetorical art on close reading. Greater attention to Cāminātaiyar’s specific context and probable concerns when composing (and publicly publishing) Eṉ Carittiram suggests alternative ways of reading Tamil literary history and those texts that he first made widely available.     

自然法复兴与纽伦堡审判

拉德布鲁赫终身信守其法律概念并无改变,只不过不同时期其所强调法律价值的着重点不同而已,并无所谓从古典实证分析法学到古典自然法的转向。同样,新自然法不过是对19世纪以来过于强调实证法而忽略法的内在价值的一种矫正,是传统实证分析法学和古典自然法学的一个折衷。历史表明纽伦堡审判受到了自然法复兴的影响,其审判过程可以看做是对新自然法精神的最好注解:自然法不再是一个法律体系中具体的高出实在法的存在。它指的是一种方法,一种判断实在法的标准。     

H. M. Seervai – Indian Advocate and Great Lawyer of the Commonwealth of Nations*

For much of the second half of the 20th century, H. M. Seervai was a leading advocate of the Bombay High Court. He argued some of the most important constitutional cases decided by the Supreme Court of India and in 1970 he resolved to write his Constitutional Law of India. It became the leading text on Indian constitutional law. It is still in widespread use. Many instances of recent citations are quoted. But Seervai’s book is not the usual commentary on the text of the Indian constitutional and case law. Instead, the book contains a running discussion on the shifts in direction, as well as sharp criticisms, where Seervai felt that the courts had strayed from correct constitutional doctrine. Seervai died in 1996 as the fourth edition was just completed. In this article, originally given as a lecture in Mumbai in 2007 on the centenary of Seervai’s birth, the author questions Seervai’s testamentary prohibition on posthumous editions of his text. He urges that a new edition should be produced to keep Seervai’s legacy alive not only in India but in other constitutional democracies where Indian judicial authority is increasingly cited.     

Koushal v Naz: Judges Vote to Recriminalise Homosexuality

In Koushal v Naz the Indian Supreme Court overturned a High Court judgment which had declared unconstitutional section 377 of the Indian Penal Code criminalising ‘carnal intercourse against the order of nature’. In doing so, it has rebranded gay and transgendered Indians as criminals. This case note explores some of the structural problems that led to this judgment. The first problem is the transformation of the Indian Supreme Court into a populist, quasi‐legislative, institution that sees itself as a tool of governance. This has put significant pressure on its counter‐majoritarian role. The second relates to the sheer size of the Court's docket (given its wide jurisdiction and lax standing rules), coupled with the Indian legal academy's inability and unwillingness to continuously demand judicial fidelity to the law. These factors have led to the normalisation of unreasoned or poorly‐reasoned judgments and a breakdown of stare decisis.     

‘Something older than law itself’: Sir Henry Maine,Niebuhr, and ‘the path not chosen’

This article re-evaluates the intellectual context of Maine's historical jurisprudence by emphasising the importance of his classical background. Maine's time at Cambridge coincided with the rise of ‘progressive classical scholarship’, especially the study of ancient history in its social, economic and institutional setting. By exploring the links between Maine's work and that of the ancient historian Barthold Georg Niebuhr, the article argues that an understanding of Maine's classical provenance enriches the appreciation of his work, especially its literary, interdisciplinary and educational challenge to the common law mind. Maine emerges on this account as a Victorian ‘neo-humanist’ whose later neglect is symptomatic of the more general separation of nineteenth-century English jurisprudence from mainstream European thought.     

Classical Sāṁkhya on the Authorship of the Vedas

The question as to whether the Vedas have an author is the topic of vivid polemics in Indian philosophy. The aim of this paper is to reconstruct the classical Sāṁkhya view on the authorship of the Vedas. The research is based chiefly on the commentaries to the Sāṁkhyakārikā definition of authoritative verbal testimony given by the classical Sāṁkhya writers, for these fragments provide the main evidence (both direct and indirect) for the reconstruction of this view. The textual analysis presented in this paper leads to the following conclusion. According to most classical Sāṁkhya commentaries, the Vedas have no author. Two commentators state directly that the Vedas have no author, and four commentators allude to the authorlessness of the Vedas. Only one commentator seems to hold the opposite view, stating that all the authoritative utterances are based on perception or inference of imperceptible objects by authoritative persons, from which it follows that the Vedas too have an author or authors.     

A distinct Y-STR haplotype for Amelogenin negative males characterized by a large Y(p)11.2 (DYS458-MSY1-AMEL-Y) deletion

The use of STR multiplexes with the incorporated gender marker Amelogenin is common practice in forensic DNA analysis. However, when a known male sample shows a dropout of the Amelogenin Y-allele, the STR system falsely genotypes it as a female. To date, our laboratory has observed 18 such cases: 12 from our Y-STR database and six from casework. A study on 980 male individuals in the Malaysian population using the AmpFlSTR Y-filer has revealed a distinct Y-chromosome haplotype associated with the Amelogenin nulls. Our results showed that whilst the Amelogenin nulls were noticeably absent among the Chinese, both the Indians and Malays exhibited such mutations at 3.2 and 0.6%, respectively. It was also found that the Amelogenin negative individuals predominantly belonged to the J2e lineage, suggesting the possibility of a common ancestor for at least some of these chromosomes. The null frequencies showed concordance with the data published in Chang et al. [Higher failures of Amelogenin sex test in an Indian population group, J. Forensic Sci. 48 (2003) 1309-1313] on a smaller Malaysian population of 338 males which used a Y-STR triplex. In the current study, apart from the absence of the Amelogenin Y-locus, a complete absence of the DYS458 locus in all the nulls was also observed. This study together with the 2003 study has indicated a similar deletion region exists on the Y(p)11.2 band in all the 18 Y-chromosomes. Using bioinformatics, this deletion has been mapped to a region of at least 1.13 Mb on the Y(p)11.2 encompassing the Amelogenin, MSY1 minisatellite and DYS458 locus. Further, the Y-filer haplotypes revealed an additional null at Y-GATA H4 in two of the Indian males presented here.     

Inferring ethnicity using 15 autosomal STR loci—Comparisons among populations of similar and distinctly different physical traits

The forensic utility of short tandem repeat (STR) polymorphisms for ethnic inference (EI) has recently received limited attention from the research community. The large volume of population specific STR data available from public literature affords us the opportunity to assess the reliability of EIs based on STR profiles, and present significant results. We applied a binary Bayesian approach using 15 autosomal STR loci from computer-simulated and real STR profiles of Han Chinese, Japanese, Korean, American Caucasian, and a South Asian Indian aboriginal tribal group called Lodha. A correct classification rate of ≥90% was achieved via simulation for each East Asian group (Han Chinese, Japanese, and Korean) when paired with the American Caucasian or the tribal Indian group. Similar result was obtained between the Caucasian and the Indian group, while the correct classification rates among the three East Asian groups were much lower (70%). Results based on real profiles closely matched those achieved via simulation, establishing the credibility of our classifier performance metrics. This study shows that binary Bayesian classifier performed best for ethnic groups with distinctly different physical traits. This observation might be due to accidental differences caused by bottlenecks, genetic drift, etc. However, it could also be taken as an indication that STRs, commonly referred to as “junk” DNA, may have an effect on phenotype, a possibility that warrants further research.     

Homicide and economic conditions: A replication and critique of M. Harvey Brenner's new report to the U.S. Congress

M. Harvey Brenner has produced two influential studies of the social costs of unemployment, economic inequality, and economic growth, both sponsored by the Joint Economic Committee of the U.S. Congress. This paper reports the results of an effort to reproduce Brenner's findings for homicide from his more recent (1984) study. Our conclusions are as follows. (1) Although not obvious from his write-up, Brenner's 1984 results differ substantively from his earlier results. (2) We are unable to reproduce his reported findings. (3) There are serious methodological problems with his procedure for choosing a regression specification.     

William R. Maples, forensic historian: four men, four centuries, four countries.

Prior to 1984, William R. Maples, Ph.D. worked primarily with Medical Examiners in the State of Florida in investigation of and testimony in criminal cases. In 1984 the Republic of Peru requested him to identify skeletal remains thought to be those of Francisco Pizarro, conqueror of Peru and the Incas in the early 16th Century. Dr. Maples made a positive identification of those remains as Pizarro, resulting in their substitution in a glass-sided coffin in the Cathedral of Lima, where other remains had been displayed as those of Pizarro for a hundred years. In addition, it was proved that the remains removed could not have been those of Pizarro. In 1988, Dr. Maples examined the skeletal remains of Joseph Merrick ("The Elephant Man") at Royal London Hospital, Whitechapel, and made photographic studies of them for comparison with death casts of limbs and skull to ascertain depth of tissue by video-superimposition. In 1991, Dr. Maples, headed a team which removed President Zachary Taylor (1779-1842) from his tomb in Louisville, Kentucky. The purpose was to determine if he had been poisoned, as had been proposed by some at the time. Test results showed that he had not been. In 1992, Dr. Maples and a team of forensic specialists went by invitation to Ekaterinburg, Russia to study skeletal remains which the Russians had tentatively identified as the Russian Royal Family, and entourage, murdered in 1918. The American team identified them as Tsar Nicholas II, his wife, three of his children, his physician, and three of his servants. William Ross Maples died in Gainesville, Florida, 27 February 1997.     

In Defense of His Guru: Dratsepa’s Rebuttal to the Challenges Articulated by the Proponents of the Other-Emptiness Doctrine

The buddha-nature literature has a significant place within the Indian Mahāyāna tradition and Tibetan Buddhism. While it is usually included in the so-called Last Wheel of the Buddha’s teachings, many Tibetan thinkers began to cast doubts about the textual significance of buddha-nature discourse in fourteenth-century Tibet. In this article, I will examine one particular case where there is apparent tension between multiple Tibetan masters over the importance of buddha-nature teachings. This paper primarily analyzes Dratsepa’s commentary to the Ornament (mdzes rgyan) written by his teacher, Buton. Dratsepa construes the Ornament as a work critiquing Dolpopa’s interpretation of the buddha-nature literature. He levels a barrage of criticisms against Dolpopa by referring to Indian śāstras and sūtras that are equally important to both of them, and also by tracing his own assessment of the tathāgata-essence teachings to early Tibetan scholars. In contradistinction to Dolpopa’s claims, Dratsepa offers several nuanced readings of the buddha-nature literature and complicates the notion of what it means to have tathāgata-essence, what a definitive or provisional meaning entails, and the relationship between the Middle Wheel and the Last Wheel teachings. In brief, Dratsepa’s text sheds light on one of the earliest discourses on the tension between self-emptiness and other-emptiness presentations.     

Mother India: The Role of the Maternal Figure in Establishing Legal Subjectivity

Psychoanalytic jurisprudence attempts to understand the images used by law to attract and capture the subject. In keeping with the larger psychoanalytic tradition, such theories tend to overemphasise the paternal principle. The image of law is said to be the image of the paterfamilias—the biological father, the sovereign, or God. In contrast to such theories, I would like to introduce the image of the mother and analyse its impact on the subject’s relation to law. For this purpose, I examine the history and use of the figure of Bharat Mata or Mother India and how it influences the Indian subject’s relation to law. When the subject is torn between his loyalties to the lawmaker–as–father and the nation–as–mother, who does he side with? Eschewing Greek myths and the Oedipus complex, I focus instead on Hindu mythology and the notion of an oedipal alliance to understand legal subjectivity in India. Lastly, I analyse a defining Indian political trial, the Gandhi murder trial, in which all these notions come to play and the accused justifies his decision to murder the father of the nation in the name of the motherland.     

Tarka as Cognitive Validator

The meaning of the term ‘tarka’ is not clear in the modern literature on Classical Indian Philosophy. This paper will review different modern readings of this term and try to show that what the Nyāyasūtra and its classical commentaries called a ‘tarka’ should be understood as the following: a tarka is a cognitive act that validates a content (of a doubt or a cognition or a speech-act) by demonstrating its logical fitness or invalidates a content by demonstrating its logical unfitness. A tarka can act as a metatheory too. Generating certainty is, according to the Classical Nyāya, a job assigned to an epistemic instrument (pramāṇa). It fails to do so when there arises a doubt regarding it. The moment a tarka dispels the doubt, the epistemic instrument generates certainty. Tarkas of different types will be exemplified by critically analyzing Gaṅgeśa’s applications of tarka in his magnum opus Tattvacintāmaṇi. These examples will clarify the definition of tarka formulated in this paper.     

Was elusive carnivore a panther? DNA typing of faeces reveals the mystery

In this study, we report the findings of a recent case in which the officials of an Indian zoo claimed that an animal, possibly a carnivore, is periodically visiting the zoo from a nearby vast forest area and causing panic in zoo and nearby villages. They collected some elusive faecal material from the vicinity of an herbivore enclosure. Looking to the pugmarks found in that area and faecal matter ceased, the officials could not decide whether it was a lioness, a tiger or a panther. We resolved this mystery by DNA-based analysis of the faecal material, using our recently developed novel universal primers to amplify and sequence a specific fragment of mitochondrial cytochrome b gene. The findings of the DNA-based analyses were confirmed after few days when the zoo officials trapped the animal of same species as suggested in our report. The potential of our procedure to investigate the cases related to wildlife offence is discussed.     

Initiation of formal death investigation procedures among the Northern Plains Indians: a necessary adjunct in the study of American Indian sudden infant deaths

The high rate of infant mortality among native peoples in the Aberdeen Service Area of the Indian Health Service (primarily North and South Dakota) prompted a multi-institutional study of this problem. The study investigators assumed that local coroners or medical examiners would be able to perform suitable death scene investigations. However, during the design portion of the study it became apparent that, with one exception, none of the participating Indian Nations had a death investigator or even a legal mandate to provide death investigation. To allow the study to go forward, and ultimately to better the community health within its service area, the Aberdeen Area Indian Health Service submitted a draft enabling coroner legislation/resolutions to the area tribes. By November of 1996, 6 of the 19 Indian Nations enacted enabling coroner legislation. To facilitate both the study and general death investigation within the area, the Aberdeen Area Indian Health Service since 1993 has held five 2-day death investigation training programs covering a variety of death investigation topics which were attended by 68 participants. Without further recognition of the need for tribal death investigation and additional funding, these gains in tribal death investigation will probably be transitory.