Sa skya Paṇḍita’s Classification of Arguments by Consequence Based on the Type of the Logical Reason: Editorial Conundrum and Mathematics for Commentators

This paper examines a passage of the eleventh chapter of the Rigs gter of Sa skya Pa??ita (1182–1251) on the division of arguments by consequence (thal ?gyur) of the form “Because S is P, it follows that it is Q” with respect to the type of relation between P and Q. This passage appears in quite different versions in several available recensions of the Rigs gter, all of which are problematic to some extent. The different interpretations of the commentators can be shown to derive from their reliance on different versions of the text, which they strove to make sense of through two distinct strategies. Following up on the examination of a division of arguments by consequence along the same line in the works of Sa skya Pa??ita’s Tibetan predecessors, in particular Phya pa Chos kyi seng ge (1109–1169) and mTshur ston gZhon nu seng ge (ca. 1150–1210) (see Hugon, in J Indian Philos 44(5):883–938, 2016b), I evaluate the diverging versions of the Rigs gter against a coherent logical scenario founded on Sa skya Pa??ita’s discussion pertaining to the types of logical reasons in inference in the tenth chapter of his work and comparison with the classification by Phya pa. I offer a hypothesis regarding the genesis of the problematic versions of the passage on the classification of consequences in the Rigs gter based on the comparison with the classification found in mTshur ston’s epistemological work. I propose that the composition of this portion of the Rigs gter might have involved a textual reuse of mTshur ston’s classification, even though mTshur ston and Sa skya Pa??ita disagree on background issues. This very disagreement imposed changes to the reused text that led to problematic readings.     

Self-awareness (svasa?vedana) and Infinite Regresses: A Comparison of Arguments by Dign��ga and Dharmak��rti

This paper compares and contrasts two infinite regress arguments against higher-order theories of consciousness that were put forward by the Buddhist epistemologists Dign??ga (ca. 480?C540 CE) and Dharmak??rti (ca. 600?C660). The two arguments differ considerably from each other, and they also differ from the infinite regress argument that scholars usually attribute to Dign??ga or his followers. The analysis shows that the two philosophers, in these arguments, work with different assumptions for why an object-cognition must be cognised: for Dign??ga it must be cognised in order to enable subsequent memory of it, for Dharmak??rti it must be cognised if it is to cognise an object.     

The Scope for and the Significance and Desirability of the Use of the Term ‘Genocide’ by Politicians: Joint Advisory Report by the Netherlands Advisory Committee on Issues of Public International Law and the External Advisor on Public International Law (March 2017)

Netherlands International Law Review -     

Remarks on the Visuddhimagga,and on its treatment of the Memory of Former Dwelling(s) (pubbenivāsānussatiñāṇa)

Journal of Indian Philosophy -     

The Preferences of al-Kisāʾī (d. 189/805): Grammar and Meaning in a Canonical Reading of the Qur’an

The Qur’an has been transmitted as both a written text and an oral recital. This has led to the development of a reading tradition that permits numerous different vocalisations to be made upon the basic skeletal text of the established ?Uthmānī codex. Ibn al-Jazarī (d. 833/1429) chose ten early readers whom he felt were most representative of this tradition and whose readings are treated as canonical up until this day. One of these, the Kufan linguist al-Kisā?ī (d. 189/805) has been characterised in the literature as more focused on the grammar of the Qur’an than his reader peers. This article explores al-Kisā?ī’s process of ikhtiyār (preference) when deciding between various possible readings. The sample for analysis consists of Kisā?ī’s tafarrudāt, the approximately fifty cases in which his reading differs from the other nine readers. By comparing his reading with the comments of early scholars of Qur’anic linguistics, especially his near-contemporary al-Farrā? (d. 208/822), it is possible to construct a typology of the suspected principal reasons for al-Kisā?ī’s tafarrudāt. Not only are many of these based on grammatical preferences, but they demonstrate a significant degree of consistency. Furthermore, analysis of a cluster of readings with implications for the interpretation of the sharī?a (divine law and moral code) provides evidence for a subtle exegetical dimension to al-Kisā?ī’s work as a reader-grammarian.     

Traces of Yogācāra in the Chapter on Reality (<Emphasis Type="Italic">artha</Emphasis>) Within a Work on the Paths and Stages by Gling-ras-pa Padma rdo-rje (1128–1188)

This article aims to introduce some features of the literary output of Gling-ras-pa Padma rdo-rje, who was the teacher of the ‘Brug-pa bKa’-brgyud-pa school’s founder, gTsan-pa rGya-ras Ye-shes rdo-rje (1161–1211) in Tibet. The work that I draw upon here is titled A Torch of Crucial Points. A Condensation and Presentation of all Dharmas that are to be Practiced (gCes pa bsdus pa’i sgron ma ‘am| bslabs par bya ba’i chos thams cad mdor bsdus te bstan pa), a presentation of the entire outline of Buddhist practice that resembles the doctrinal stages (bstan rim) literary genre. Based on an edition and translation of the fifth chapter of the 17 that comprise the work, here I focus on several concepts, such as the three natures (trisvabhāva) and the allground consciousness (ālayavijñāna), that pertain to the system of Yogācāra and the terminology related to it. These are shown as they appear in the framework of the work, which is heavily influenced by the tradition of Mahāmudrā and the background of its author’s life as a wandering yogin in the lineage of Mi-la ras-pa (1040–1132).     

Data processing by police and criminal justice authorities in Europe – The influence of the Commission's draft on the national police laws and laws of criminal procedure

The proposal for a fundamental reform of the European data protection law, published by the EU Commission on 25 January 2012 is composed of two elements. Apart from a General Data Protection Regulation, the Commission proposes a second regulatory instrument, namely a Directive with regard to data processing by police and criminal justice authorities that shall supersede the Council Framework Decision 2008/977/JHA. This paper seeks to analyse the draft Directive in the context of the entire reform approach and scrutinizes a number of specific issues in regard to the scope, the requirements of data processing, notification duties and data transfer to third countries.     

Law by human intent or evolution? Some remarks on the Austrian school of economics’ role in the development of law and economics

In the late nineteenth century, economic analysis of law experienced an outright rejection by the German-speaking legal community. In the second half of the twentieth century, it became a dominant approach in American legal inquiry. We argue that this success was partly due to the insights of Austrian economics which the second wave of law and economics has incorporated. We argue that Austrian legal and economic scholars marked the two cornerstones between which the subsequent discussion oscillated: social planning versus evolution (spontaneous order).     

‘Vulnerable by law (but not by nature)’: examining perceptions of youth and childhood ‘vulnerability’ in the context of police custody

This paper, drawing upon qualitative data produced through interviews with custody officers (COs) at two custody suites in England, examines how the vulnerability of children and young people is conceptualised generally, within the criminal process, and then, more specifically, in police custody. It uses the appropriate adult (AA) safeguard under Code C to the Police and Criminal Evidence Act 1984 as the point of reference and explores, firstly, how childhood is conceptualised and, secondly, how childhood vulnerability is understood by COs. The responses of COs are perhaps indicative of a wider issue within the criminal process – the construction of youth and childhood and, accordingly, the criminal law response to children and young people. Within this paper, whilst it is accepted that childhood and vulnerability are non-static concepts, it is nevertheless contended that children and young people are vulnerable, particularly when facing the criminal process.     

The Role of Fear (Bhaya) in the Nikāyas and in the Abhidhamma

According to Buddhist soteriology, fear is a direct cause of suffering and one of the main obstacles in the path to liberation. Pāli Suttas and Abhidhamma present a number of sophisticated strategies to deal with fear and to overcome it. Nevertheless, in the Nikāyas and in the Abhidhamma there are also consistent instructions about implementing fear in meditative practices and considering it as a valuable ally in the pursuit of nibbāna By means of a lexicographical study of selected passages and especially of two compounds (bhayūparata and abhayūparata), this paper demonstrates that fear may have the crucial function of stimulating the meditator: through reiterated admonishments and reflections that evoke a feeling of dread, the meditator gets weary of unwholesome patterns and is prompted to put effort in his/her own practice. Evidence proves that this set of instructions is ultimately consistent with the several teachings that emphasize the importance of counteracting fear and fostering fearlessness, which is described as a quality of liberation as well as an attitude to be cultivated. In fact, a close analysis of the dynamics involved in bhaya (fear) and abhaya (fearlessness) as graphically depicted in the Nikāyas and in the Abhidhamma texts, reveals that stirring fear and letting go of fear are two essential steps of the same process.     

Compared to what? Instructing the jury on product defect under the Products Liability Act and the Restatement (Third) of Torts: Products Liability

This Article is based on a presentation given at Seton Hall University School of Law's Seventh Annual Health Law Symposium on February 12, 1999.     

Reflections on Mortgage Keynesianism: Applying Prasad’s (2012) Abundance and the Paradox of Poverty in the United States to Contemporary China

Social Justice Research -     

A comparative study on the concentrations of 11-nor-Δ9-tetrahydrocannabinol-9-carboxylic acid (THCCOOH) in head and pubic hair

In this study, the concentrations of 11-nor-Δ(9)-tetrahydrocannabinol-9-carboxylic acid (THCCOOH) in pubic, axillary and beard hair were measured and the correlation between the concentrations of THCCOOH in head and pubic hair from same cannabis users were evaluated. The papers on body hair analysis for THCCOOH were rarely found although police officers submit body hair as a complimentary specimen to forensic laboratories in case cannabis users had no hair. Head, pubic, axillary, and beard hair were collected. All hair samples were cut into 0.5mm segments and decontaminated with methanol, digested with 1 mL of 1M NaOH at 85 °C for 30 min and extracted in 2 mL of n-hexane:ethyl acetate (9:1) two times after adding 1 mL of 0.1N sodium acetate buffer (pH = 4.5) and 200 μL of acetic acid followed by derivatization with 50 μL of PFPA and 25 μL of PFPOH for 30 min at 70 °C. The extracts were analyzed using gas chromatography tandem mass spectrometry operating in negative chemical ionization mode (GC/MS/MS-NCI). We determined the concentrations of THCCOOH in both pubic and head hair. The concentrations of THCCOOH in pubic hair were higher than those in head hair. We also evaluated the concentrations of THCCOOH in body hair (pubic, axillary and beard hair) and head hair according to the positive/negative urine test results. There was no statistically significant difference in the concentrations of THCCOOH in head and body hair according to urine results.     

Picking up the pace – legal slowness and the authority of the judiciary in the acceleration society (a Dutch case study)

This paper inquires into the nature of the crisis haunting the judiciary in our contemporary society. Drawing upon the work of Hartmut Rosa, it is stated that our society is an acceleration society and that this puts the judiciary under great pressure. The resulting crisis is twofold since it is both of an organizational and fundamental nature. The focus of this paper is on the – in our view – underexposed latter crisis because of its effect on the very core of the judiciary, namely the legitimacy and authority. The judiciary is confronted with the demand to speed up, whereas the nature of the legal system seems to reject an accelerated tempo and even needs a certain degree of slowness to communicate its accuracy. It is not just the process of acceleration that erodes or at least changes the authority of the judiciary but it concerns a complex interplay of expectations induced by acceleration, both externally by justice seeking citizens and internally by the judiciary’s own management and politics, and how these expectations are met, or not. This is illustrated by a case study on the position of the Dutch judiciary, but holds true for other national and international adjudication as well.     

Evaluating the impact of Project Safe Neighborhoods (PSN) initiative on violence and gun crime in Tampa: does it work and does it last?

Journal of Experimental Criminology - Project Safe Neighborhoods (PSN) is an increasingly popular violence and gun crime prevention program which aims to identify prolific violent offenders, and...