<Emphasis Type="Italic">Mokṣa</Emphasis> and <Emphasis Type="Italic">Dharma</Emphasis> in the <Emphasis Type="Italic">Mokṣadharma</Emphasis>

This essay asks what the terms mok?a and dharma mean in the anomalous and apparently Mahābhārata-coined compound mok?adharma, which provides the title for the ?āntiparvan’s third and most philosophical anthology; and it further asks what that title itself means. Its route to answering those questions is to look at the last four units of the Mok?adharmaparvan and their three topics—the story of ?uka, the Nārāya?īya, and a gleaner’s subtale—as marking an “artful curvature” that shapes the outcome of King Yudhi??hira’s philosophical inquiries of Bhī?ma into a ”return” to this world to take up the topic of the fourth anthology, a King’s generous giving, in the Anu?āsanaparvan’s Dānadharmaparvan. Usages of the term mok?a in the narratives in these units are considered in the light of The Laws of Manu’s usage of mok?a to define the “renunciatory asceticism of a wandering mendicant” after the fulfillment of one’s debts (Olivelle et al., in Life of the Buddha by A?vagho?a, 2008). Usages of mok?adharma are discussed in conjunction with its overlapping term niv?ittidharma. With the term dharma itself, it is a matter of finding the best contextual translation. A pitch is made that these four units, and particularly the Nārāya?īya, should no longer be thought of as “late” additions.     

Transition,Trust and Partial Legality: On Colleen Murphy’s <Emphasis Type="Italic">A Moral Theory of Political Reconciliation</Emphasis>

In A Moral Theory of Political Reconciliation Colleen Murphy develops a rich and potentially transformative account of political reconciliation. The potential of this account is not fully realized because of limitations in how Murphy conceptualizes political relationships. For example, group-differentiated integration into states opens up important questions about partial legality and group-differentiated experiences of repression that Murphy does not address. However, Murphy’s framework is well-suited to take up these questions, once they are acknowledged, and this is an important strength of the work.     

Freedom of association in labour relations in the context of the <Emphasis Type="Italic">Maqasid</Emphasis>-<Emphasis Type="Italic">al</Emphasis>-<Emphasis Type="Italic">Shari’ah</Emphasis> principles

Labour relations are an important chapter in economic and industrial development. Labour relations are divided into personal employer-employer relationship and collective relationship between employer and trade union. The collective relationship forms the core of the employees’ right to freedom of association. This article discusses the right of employees to freedom of association including the right to strike from the Islamic perspective. The Islamic principles applicable in this context are Maqasid-al-Shari’ah (the higher objective of Islamic law), Haqq and Jama’ah (the functional concepts in Islamic law). Freedom of association in labour relations which is basically a western concept suits the three Islamic principles and the Islamic principles are in line with the ILO standards and European law. This article is written by using pure legal research method, i.e. adopting a content analysis approach with the Islamic sources such as the Qur’an and Hadith as a point of reference.     

The Girl Who Knew Her Brother Would Be Coming Home: <Emphasis Type="Italic">Ārṣajñāna</Emphasis> in <Emphasis Type="Italic">Praśastapādabhāṣya</Emphasis>, <Emphasis Type="Italic">Nyāyakandalī</Emphasis> and <Emphasis Type="Italic">Vyomavatī</Emphasis>

Although seldom mentioned in the secondary literature on Vai?e?ika, the cognitive category of ār?ajñāna (??i cognition) is accepted as a distinct category of vidyā (knowledge) within both early and later Vai?e?ika texts. This article deals with how ār?ajñāna is conceptualized in Pra?astapādabhā?ya (PBh), ?rīdhara’s Nyāyakandalī (NK), and Vyoma?iva’s Vyomavatī (Vy). The main focus lies on how ??i cognition is treated in these texts and what terms are used in the process. I aim to clarify the analysis of ??i cognition apparent in the above sources and outline the implications this might have for the somewhat grander objective of a mapping of the semantic landscape of cognition and knowledge in Vai?e?ika texts. The categories of yogic perception (yogipratyak?a) and siddhic vision (siddhadar?ana) are also treated since they are included within a shared discourse.     

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.     

Psychiatric Patients’ Comprehension of <Emphasis Type="Italic">Miranda</Emphasis> Rights

Seventy-five psychiatric inpatients were evaluated with respect to their Miranda-related abilities using Grisso’s (1998, Instruments for assessing understanding and appreciation of Miranda rights. Sarasota, FL: Professional Resource Press) instruments and Goldstein’s (2002, Revised instruments for assessing understanding and appreciation of Miranda rights) revision to determine: whether different versions of Miranda warnings translate into differences in understanding; the influence of psychiatric symptoms, diagnostic categories, and IQ upon Miranda comprehension; and the relative performance of persons with psychiatric impairment on Miranda-relevant abilities. Results indicated that although the Miranda language used in Goldstein’s revision generally showed lower grade reading levels and higher reading ease scores than Grisso’s original instruments, this did not translate into improved understanding. In addition, psychiatric symptoms were negatively correlated with Miranda comprehension, even after controlling for IQ. Finally, results revealed that psychiatric patients’ understanding and appreciation was substantially impaired compared to Grisso’s adult validation samples, and was roughly comparable to Grisso’s juvenile validation sample. Implications of these results for policy reform are discussed.

Derrida’s <Emphasis Type="Italic">The Purveyor of Truth</Emphasis> and Constitutional Reading

In this article the author explores Jacques Derrida’s reading in The Purveyor of Truth of Edgar Allan Poe’s The Purloined Letter. In his essay, Derrida proposes a reading which differs markedly from the interpretation proposed by Lacan in his Seminar on ‘The Purloined Letter’. To appreciate Derrida’s reading, which is not hermeneutic-semantic in nature like that of Lacan, it is necessary to look at the relation of Derrida’s essay to his other texts on psychoanalysis, more specifically insofar as the Freudian death drive is concerned. The present article explores this ‘notion’ as elaborated on by Freud in Beyond the Pleasure Principle as well as Derrida’s reading of this text. It also investigates the importance of the ‘notion’ of the death drive as well as the significance of Derrida’s reading of The Purloined Letter for constitutional interpretation. This is a modified version of a paper presented at the Critical Legal Conference, 14–16 September 2007 at Birkbeck Law School, University of London.

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Reply to Five Critics of <Emphasis Type="Italic">Why Tolerate Religion?</Emphasis>

This is my contribution to a symposium on my book Why Tolerate Religion? (Princeton, 2013), in which I respond to essays by François Boucher (Montreal) and Cécile Laborde (University College London), Frederick Schauer (Virginia), Corey Brettschneider (Brown), and Peter Jones (Newcastle). I clarify and revise my view of the sense in which some religious beliefs are “insulated from reasons and evidence” in response to the criticisms of Boucher and Laborde (2015), but take issue with other aspects of their critique. I defend most of my original argument against utilitarian and egalitarian objections from, respectively, Schauer and Brettschneider. I also discuss and defend the “No Exemptions” approach to conscientious objection to neutral laws of general applicability against a variety of objections, arguing, in particular, that my view is probably not very different from that of Jones.     

<Emphasis Type="Italic">Alice’s Adventures</Emphasis>, Abductive Reasoning and the Logic of Islamic Law

How does a Muslim jurist think the law and how, accordingly, he judges a fact? Using Alice in Wonderland as hermeneutical device to explore the logic of fiqh, this article identifies a divergence between Western and Islamic legal thinking in the application of abduction as key form of inference in the law of Islam. In particular, looking at the fact/law relation in symbolic terms, the article highlights how, while a dichotomy between fact and law characterizes Western legal thinking, fiqh upholds a connection between the “real” and the “right” (?aqq), where the effort (ijtihād) in understanding sharī‘ah postulates the actualization of the “rule” (?ukm) in God’s creation. Thus, if sharī‘ah pre-scribes the Law, not only is the rule discovered through the sources (u?ūl), but the right has to be justified through a verdict de-scribing the fact, for the law to be validly stated for the given situation. In this sense, abduction as explanatory “hypothesis” (Peirce) and “inference to the best explanation” (Harman) of sharī‘ah provides an account for the probabilistic nature of fiqh, its ramification (furū‘) through verdicts, as well as for the epistemic and narrative function of the tradition as core aspects of the logic of Islamic law. At the same time, doubts can be raised about the compatibility between this logic and the deductive logic of modern state law, as a sub-product of Western legal thinking.     

The <Emphasis Type="Italic">Mahābhārata</Emphasis> and the Revival of Brahmanism

There are good reasons to think that Brahmanism initially belonged to a geographically limited area, with its heartland in the middle and western parts of the Gangetic plain. It was in this region that Brahmanism was at that time the culture of a largely hereditary class of priests, the brahmins, who derived their livelihood and special position in society from their close association with the local rulers. This situation changed. The most plausible hypothesis as to the reasons of this change sees a link with the political unification of northern India, begun by the Nandas and continued by the Mauryas. Both the Nandas and the Mauryas had their home base in the region called Magadha and had no particular interest in brahmins and their sacrificial tradition. As a result Brahmanism as an institution was under threat; it either had to face disappearance, or reinvent itself. It did the latter. Brahmanism underwent a transformation that enabled it to survive and ultimately flourish in changed circumstances. This paper will argue that the Mahābhārata can be looked upon as an element in this Brahminical project. Far from being a mere collection of stories and general good advice, it was an instrument in the hands of a group of people who were determined to change the world in ways that suited them, and who to a considerable extent succeeded in doing so during the centuries that lay ahead.     

Some Reflections on the Term <Emphasis Type="Italic">Sautrāntika</Emphasis> in Vinaya Context: <Emphasis Type="Italic">vinayadharaḥ sautrāntikaḥ</Emphasis> in the <Emphasis Type="Italic">Mahāparinirvāṇa-mahāsūtra</Emphasis>

The word sautrāntika is known to designate one of the philosophical schools in later documents, but its earlier phase remains uncertain. The discovery of this term in the Mahāparinirvā?a-mahāsūtra thus brings forward new evidence essential for solving the problem of sautrāntika. In this paper, I will attempt to establish the interpretation of the context, in which the phrase vinayadhara? sautrāntika? appears.