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1.
Valerie Stoker 《Journal of Indian Philosophy》2007,35(2):169-199
This article explores the way in which Madhva (1238–1317), the founder of the Dvaita Vedānta system of Hindu thought, reformulates
the traditional exegetic practice of nirukta or “word derivation” to validate his pluralistic, hierarchical, and Vaiṣṇava reading of the Ṛgvedic hymns. Madhva’s Ṛgbhāṣya
(RB) is conspicuous for its heavy reliance on and unique deployment of this exegetical tactic to validate several key features
of his distinctive theology. These features include his belief in Viṣṇu’s unique possession of all perfect attributes (guṇaparipūrṇatva)
and His related conveyability by all Vedic words (sarvaśabdavācyatva). Such an understanding of Vedic language invokes the
basic nirukta presupposition that words are eternally affiliated with the meanings they convey. But it is also based onMadhva’s
access to a lexicon entitled Vyāsa’s Nirukti with which his critics and perhaps even his commentators seem to be unfamiliar.While
the precise status of this text is the subject of ongoing debate, Madhva’s possession of special insight into the sacred canon
is established in part by his unique claim to be an avatāra of the wind god Vāyu and a direct disciple of Viṣṇu Himself in
the form of Vyāsa1. Thus, Madhva’s use of nirukta invokes his personal charisma to challenge not only conventional understandings of the hymns
but traditional exegetic norms. Madhva’s provision of an alternative tradition of nirukta provoked sectarian debate throughout
the Vijayanagara period over the extent to which one could innovate in established practices of reading the Veda. Articulating
the Veda’s precise authority was a key feature of Brahmin debates during this period and reflects both the empire’s concern
with promoting a shared religious ideology and the competition among rival Brahman sects for imperial patronage that this
concern elicited. By looking at how two of Madhva’s most important commentators (the 14th-century Jayatīrtha and the 17th-century Rāghavendra) sought to defend his niruktis, this article will explore how notions of normative nirukta were articulated
in response to Madhva’s deviations. At the same time, however, examining Madhva’s commentators’ defense of his niruktis also
demonstrates the extent to which Madhva actually adhered to selected exegetic norms. This reveals that discomfort with Madhva’s
particular methods for deriving words stemmed, in part, from a more general ambivalence towards this exegetical tactic whose
inherent open-endedness threatened to undermine the fixity of the canon’s very substance: its language.
Vyāsa’s Nirukti is one of several ”unknown sources” cited in Madhva’s commentaries whose exact status continues to be debated.
Some scholars (e.g. Rao, Sharma, Siauve) maintain that these texts are part of a now lost Pāṅcarātra tradition that Madhva
is attempting to preserve. This may be true for many of these citations. However, in addition to claiming to be both an avatāra
of Vāyu and Viṣṇu-as-Vyāsa’s student, Madhva states in several places (e.g., VTN 42, RB 162) that the canon has suffered loss
during transmission and that only Viṣṇu can reveal it in its entirety. Thus, it is possible that Madhva intends texts like
Vyāsa’s Nirukti to be viewed as part of an ongoing and corrective revelation, a notion that is compatible with many Vaiṣṇava
traditions (Halbfass, 1991: 4). 相似文献
2.
David Shulman 《Journal of Indian Philosophy》2008,36(4):481-505
Sanskrit poeticians make the visionary faculty of pratibhā a necessary part of the professional poet’s make-up. The term has a pre-history in Bhartṛhari’s linguistic metaphysics, where
it is used to explain the unitary perception of meaning. This essay examines the relation between pratibhā and possible theories of the imagination, with a focus on three unusual theoreticians—Rājaśekhara, Kuntaka, and Jagannātha
Paṇḍita. Rājaśekhara offers an analysis of pratibhā that is heavily interactive, requiring the discerning presence of the bhāvaka listener or critic; he also positions pratibhā in relation to Bildung (vyutpatti) and practice. For Kuntaka, pratibhā, never an ex nihilo creation by a poet, serves as the basis for the peculiar forms of intensified insight and experience that constitute poetry;
these may also involve the creative scrambling and re-articulation of the object in terms of its systemic composition. At
times, Kuntaka’s pratibhā comes close to a strong notion of imaginative process. But the full-fledged thematization of the imagination, and of pratibhā as its support and mechanism, is best seen in the seventeenth-century debates preserved for us by Jagannātha. A link is suggested
between the discourse of poetic imagination in Jagannātha and similar themes that turn up in Indo-Persian poets such as Bedil. 相似文献
3.
Legal context: Directive 2001/84/EC, on the resale right for the benefit ofthe author of an original work of art, introduced the harmonisationof artist's resale right within the EU (and subsequently withinthe EEA). Resale right already existed in many EU States, butthe Directive also required its creation in others (such asthe UK) to which it was previously unknown. The implementationof the Directive in the UK was accordingly a matter of somecontroversy. Key points: This article concentrates on the legal difficulties involvedin that implementation, viewed against the background of theUK Government's stated general policy on the transposition ofEU Directives. From several points of view, the rules laid downin the Directive called for elaboration or clarification, andin a number of cases such an approach was appropriate. In othercases, however, this turned out not to be appropriate. Practical significance: As a result, although in the main it was possible to transposethe Directive into a clear and workable set of domestic rules,a number of issues had to remain unresolved. Among the mostimportant were: whether works of applied art shouldattract resale right, and the territorial scope of the transactionscovered by the right. 相似文献
4.
Alastair R. McGlashan 《Journal of Indian Philosophy》2009,37(3):291-310
This paper presents an English translation from the original Tamil of the canonical Saivite hagiographical work, the Tiruttoṇṭar Tiruvantāti of Nampi Āṇṭār Nampi. The date of this work is disputed, but it was probably composed at some point between 870 and 1118
CE. This classical Tamil poem gives in summary form the lives of the sixty three Saivite saints of the sixth to ninth centuries
known as the Nāyaṉmār, or Tiruttoṇṭar (“holy servants”, sc. of the Lord Siva). The paper also includes an Introduction, setting
out the context of the poem and its place in the Saivite literary tradition from which the Saiva Siddhanta philosophy subsequently
developed, and Notes which explain the mythological and other references which the poem contains. 相似文献
5.
因私法制度中代数算法规范(代数规范)的缺陷,一些指导性案例未能给出判决的明确算法,私法制度中的代数算法黑箱导致了判决书中的算法瑕疵。传统私法制度深受古希腊几何学的影响,因而疏离了代数算法且轻视相应的代数规范,人工智能中机器算法的繁荣无助于缓解私法中的代数算法黑箱,反而将新的算法黑箱叠加于传统黑箱之上。代数规范是私法制度中规定定量计算的法律规范,它是私法规范中的定量维度和必不可少的组成部分,且随着代数算法在认识论中的地位上升而日益重要。私法制度应当改变疏离代数算法的传统,完善其代数规范,适用代数规范作为判决的依据,并结合定性规范以指导与检验法律人工智能,以限缩判决书中的算法瑕疵。 相似文献
6.
Daniel Raveh 《Journal of Indian Philosophy》2008,36(2):319-333
The article offers a close reading of the famous upanişadic story of Indra, Virocana and Prajāpati from the eighth chapter
of the Chāndogya-Upanişad versus Śankara’s bhāşya, with special reference to the notions of suşupti and turīya. That Śankara is not always loyal to the Upanişadic texts is a well-known fact. That the Upanişads are (too) often read
through Śan-kara’s Advaitic eyes is also known. The following lines will not merely illustrate the gap between text and commentary
but will also reveal an unexpected Upanişadic depiction of ‘dreamless sleep’ and ‘transcendental consciousness’. Suşupti is described here as ‘one step too far’, as a ‘break’ or discontinuity in one’s consciousness; whereas turīya is depicted positively, and surprisingly even in wordly terms. Unlike the third state of consciousness in which there is
no ‘world’ nor ‘me’, and which is described through Indra’s character as ‘total destruction’ (vināśa); in turīya, the world ‘comes back’, or rather the ‘renouncer’ returns to the world. Sankara’s position, as far as the story under discussion
is concerned, is radically different. For him, the Upanişadic story illustrates the continuity of consciousness in all its states. For him, the identification with merely one of the consciousness-states
is an error (adhyāsa) which causes suffering. Consciousness prevails even in suşupti, and turīya has nothing to do with ‘coming back to the world’, since there is nowhere to come back from or to. Turīya, as seen by the Advaitin, consists of all the other states of consciousness together, or as K. C. Bhattacharyya puts it,
‘It is not only a stage among stages; it is the truth of the other stages’.
The article is dedicated to Prof. Daya Krishna (1924-2007). 相似文献
7.
In the svārthānumāna chapter of his Pramāṇavārttika, the Buddhist philosopher Dharmakīrti presented a defense of his claim that legitimate inference must rest on a metaphysical
basis if it is to be immune from the risks ordinarily involved in inducing general principles from a finite number of observations.
Even if one repeatedly observes that x occurs with y and never observes y in the absence of x, there is no guarantee, on the basis of observation alone, that one will never observe y in the absence of x at some point in the future. To provide such a guarantee, claims Dharmakīrti, one must know that there is a causal connection
between x and y such that there is no possibility of y occurring in the absence of x. In the course of defending this central claim, Dharmakīrti ponders how one can know that there is a causal relationship
of the kind necessary to guarantee a proposition of the form “Every y occurs with an x.” He also dismisses an interpretation of his predecessor Dignāga whereby Dignāga would be claiming non-observation of y in the absence of x is sufficient to warrant to the claim that no y occurs without x. The present article consists of a translation of kārikās 11–38 of Pramānavārttikam, svārthānumānaparicchedaḥ along with Dharmakīrti’s own prose commentary. The translators have also provided an English commentary, which includes a
detailed introduction to the central issues in the translated text and their history in the literature before Dharmakīrti. 相似文献
8.
Jonathan Geen 《Journal of Indian Philosophy》2007,35(1):33-102
In The Varieties of Religious Experience, William James suggests that the human experience of a fundamental and existential uneasiness can be found at the core of
most religious traditions, and that these traditions constiute essentially a proposed solution to this uneasiness. The present
investigation focuses upon the notion of uneasiness, particularly fear, and its solution in the early Hindu tradition. Through
a close examination of textual expressions of both desire and fear from the R̥gveda, the Śatapatha Brāhmaṇa, and the Br̥hadāraṇyaka
Upaniṣad, it is proposed that “liberation” in the early Upaniṣadic period, or at least the precursor to the traditional notion
of liberation, actually meant freedom from fear, rather than freedom from karma or saṁs̥ra. The Br̥hadāraṇyaka Upaniṣad suggests that the origin of duality is desire, and duality necessarily results in
fear. By relinquishing the sorts of desires so frequently expressed in the earlier vedic literature, together with an understanding
of the essentially non-dual relationship between the ātman and brahman, a state of complete freedom from fear (abhaya) may be achieved. 相似文献
9.
Mark Greenberg 《Law and Philosophy》2011,30(4):453-476
In a circulated but heretofore unpublished 2001 paper, I argued that Leiter’s analogy to Quine’s “naturalization of epistemology”
does not do the philosophical work Leiter suggests. I revisit the issues in this new essay. I first show that Leiter’s replies
to my arguments fail. Most significantly, if – contrary to the genuinely naturalistic reading of Quine that I advanced – Quine
is understood as claiming that we have no vantage point from which to address whether belief in scientific theories is ever
justified, it would not help Leiter’s parallel. Given Leiter’s way of drawing the parallel, the analogous position in the
legal case would be not the Legal Realists’ indeterminacy thesis, but the very different position that we have no vantage
point from which to address whether legal decisions can ever be justified. I then go on to address the more important question
of whether the indeterminacy thesis, if true, would support any replacement of important legal philosophical questions with
empirical ones. Although Ronald Dworkin has argued against the indeterminacy thesis, if he were wrong on this issue, it would
not in any way suggest that the questions with which Dworkin is centrally concerned cannot fruitfully be addressed. The indeterminacy
thesis is a bone of contention in an ordinary philosophical debate between its proponents and Dworkin. Of course, if the determinacy
thesis were true, no one should try to show that it is false, but this triviality lends no support to the kind of replacement
proposal that Leiter proposes. I conclude with some general reflections on naturalism and philosophical methodology. 相似文献
10.
As law originates in violence, it is always haunted by its constitutive trauma. Recourse to law's origin, which is implicitly
or explicitly sought in (constitutional) adjudication, thus requires a way to deal with law's trauma. What is needed is a
cover, to be provided through (legal) interpretation. Four such interpretive ‘cover up’ operations, all necessarily somewhat
duplicitous, are discussed. The first three represent main currents in legal theory. First, the standard legal view, which
denies the trauma but relies on traditional authority to cover it. Second, a ‘neurotic’ solution, in which trauma is also
denied but nevertheless cover is produced through collective interpretation. In the third, ‘perverse’ solution, trauma is
admitted, and even enjoyed; on the other hand, it is denied that cover can be produced by any interpretive authority. The
fourth option provides an alternative: recognition of law's trauma, covering it through the collectively shared practice of
interpretation. It is shown that an example of such a collective effort can be found in the Dutch practice of gedogen, the deliberate under-enforcement of law, which is capable of creating an ‘informal rule of law’ that deals with intractable
social problems more successfully than attempts formally to enforce applicable law.
This revised version was published online in November 2006 with corrections to the Cover Date. 相似文献
11.
Ronald M. Davidson 《Journal of Indian Philosophy》2009,37(2):97-147
The Mahāyāna Buddhist term dhāraṇī has been understood to be problematic since the mid-nineteenth century, when it was often translated as “magical phrase”
or “magical formula” and was considered to be emblematic of tantric Buddhism. The situation improved in contributions by Bernhard,
Lamotte and Braarvig, and the latter two suggested the translation be “memory,” but this remained difficult in many environments.
This paper argues that dhāraṇī is a function term denoting “codes/coding,” so that the category dhāraṇī is polysemic and context-sensitive. After reviewing Western scholarship, the article discusses dhāraṇī semantic values and issues of synonymy, the early applications of mantras, the sonic/graphic background of coding in India
extended into Buddhist applications, and the soteriological ideology of dhāraṇīs along with some of its many varieties. 相似文献
12.
Dennis Kurzon 《International Journal for the Semiotics of Law》2007,20(4):285-303
The article deals, on the one hand, with a legal conflict between a musical performer/arranger, Mike Batt, and the estate
of a composer of avant-garde music, John Cage, over copyright. It is also concerned with the field of intertextuality – how
meaning is created in a text or in a work of art, whether it is visual, musical or verbal, through allusions and quotations
to previous texts or works of art. The controversy, which did not reach the courts because of a pre-trial settlement, was
over an author’s rights to silence, or, as in this case, a silent piece of music. The central issue discussed is the way in
which silence may be considered – if at all, to be protectable. 相似文献
13.
André Couture 《Journal of Indian Philosophy》2006,34(6):571-585
There are good reasons to think that Vāsudeva, Saṃkarṣaṇa, Pradyumna and Aniruddha already form a sort of implicit tetrad
in the HV. The aim of this paper is to draw attention to often overlooked data related to this tetrad. (1) Upon first reading,
the sequence of the HV episodes appears to be somewhat disconnected, and might lead one to conclude that no such grouping
of these figures had as of yet taken place. Nevertheless, a closer look at the structure of the text makes it clear that these
four characters are one of the main focuses of the narrator’s interest. (2) The relationships of these four heroes to one
another and to other deities will be examined. In addition to their close kinship, these heroes with the exception of Aniruddha,
are also said to be incarnations of other entities; thus the logic underpinning this grouping must be located at this other
level. (3) Considered against the backdrop of the entire HV, one realizes that a basic pattern is established in which the
presence of the goddess, under various names and functions, is required not only to facilitate Saṃkarṣaṇa’s and Kr̥ṣṇa’s births
and actions on earth, but also the actions of Pradyumna and Aniruddha. In fact, neither Kr̥ṣṇa Vāsudeva, nor Saṃkarṣaṇa, nor
Pradyumna nor Aniruddha can act entirely independently of her assistance. (4) The HV does not employ the word vyūha in connection with the group of Vāsudeva, Saṃkarṣaṇa, Pradyumna and Aniruddha. Nevertheless, during the battle waged to deliver
Aniruddha, the idea of vyūha is present even if the word itself is not. HV 110.47–49 describes a true trivyūha composed of three fighters (Vāsudeva, Saṃkarṣaṇa and Pradyumna), who are arranged in such a way as to protect one another.
The episode of Aniruddha’s liberation appears to be the missing link, showing clearly that at least Kr̥ṣṇa, Saṃkarṣaṇa and
Pradyumna are capable of assuming a vyūha as they fight the Rudraic forces. 相似文献
14.
15.
Jane Johnson 《Criminal Law and Philosophy》2008,2(3):291-307
The standard view of Kant’s retributivism, as well as its more recent reworking in the ‘limited’ or ‘partial’ retributivist
reading are, it is argued here, inadequate accounts of Kant on punishment. In the case of the former, the view is too limited
and superficial, and in the latter it is simply inaccurate as an interpretation of Kant. Instead, this paper argues that a
more sophisticated and accurate rendering of Kant on punishment can be obtained by looking to his construction of the concept
of justice. In so doing, not only is a superior account of Kant furnished, but also one up to the task of resolving the vexed
issue of justifying legal punishment.
相似文献
Jane JohnsonEmail: |
16.
Hjørdis Brandrup Kortbek 《Journal of Arts Management, Law & Society》2019,49(1):30-44
This article addresses the current focus within urban cultural policy on using art as a tool in urban development. Based on theories of participation, democracy, and public art, the article sets out to investigate critically the concept of placemaking. The discussion is based on an analysis of the public art project Placemaking, which took place during 2015 in eight municipalities around Copenhagen in Denmark. I argue that, when used as a tool in urban development, participatory public art engenders contradictory encounters. These encounters challenge the cultural political effort to democratize art and culture. 相似文献
17.
Marty Slaughter 《Law and Critique》2007,18(2):143-169
This article traces the repression of a signifying elements like color in the art of the late medieval period and coordinates
it with the rise of text, sovereignty and legal order in the 16th century. It uses Deleuze’s notions of life and the virtual
as a springboard for an analysis of the power of color in Giotto, Fra Angelico, Grunewald, Cranach and Holbein. It traces
a trajectory from an art in the late Middle Ages that decodes and escapes judgment through a joyful use of color to a privileging
of text (be it biblical or legal), repression of color and its reterritorialization in classical representation, a despotic
regime of signs – seen quite literally in the portrait of the imperial and despotic monarch, Henry VIII. This trajectory in
art is linked to an analogous movement: the imposition and extension of sovereignty and the legal system as well as the colonization
of social life by law in the formative period of the nation state. The challenge is to create a world of technicolor, to actualize
the color of living and the living of color. Without it, there is only law, in black and white.
相似文献
Marty SlaughterEmail: |
18.
19.
Christopher Framarin 《Journal of Indian Philosophy》2009,37(4):399-414
In his Brahmasūtrabhāṣya 1.1.4, Rāmānuja argues that the knowledge of the liberated person precludes ignorance and its effects, and therefore precludes
the possibility of jīvanmukti (embodied liberation). The Advaitin replies that the knowledge of the liberated is consistent with a certain kind of karma that prolongs embodiment, hence jīvanmukti is possible. In his Bhagavadgītābhāṣya 2.12, however, Rāmānuja points out that even if the jīvanmukta (embodied liberated person) still experiences appearances, he does not count them as reasons for acting, and therefore does
not act. Hence Rāmānuja’s objection to jīvanmukti is both conceptual and practical, and it is the practical problem that is the more difficult to resolve. 相似文献
20.
Tess Davis 《Crime, Law and Social Change》2011,56(2):155-174
Looters are reducing countless ancient sites to rubble in their search for buried treasures to sell on the international market.
The trafficking of these and other stolen cultural objects has developed into a criminal industry that spans the globe. For
numerous reasons, the small Southeast Asian nation of Cambodia presents an opportunity to ground this illicit trade in reality.
This paper supplements previous studies that have detailed the pillaging of the country’s archaeological sites, and aims to
better comprehend the trafficking of its artifacts, through an investigation of their final destination: the international
art market. Of course, the global market for Cambodian art is wide, but Sotheby’s Auction House provides an excellent sample.
For over 20 years, its Department of Indian and Southeast Asian Art in New York City has held regular sales of Cambodian antiquities,
which have been well published in print catalogues and on the web. These records indicate that Sotheby’s has placed 377 Khmer
pieces on the block since 1988—when those auctions began—and 2010. An analysis of these sales presents two major findings.
Seventy-one percent of the antiquities had no published provenance, or ownership history, meaning they could not be traced
to previous collections, exhibitions, sales, or publications. Most of the provenances were weak, such as anonymous private
collections, or even prior Sotheby’s sales. None established that any of the artifacts had entered the market legally, that
is, that they initially came from archaeological excavations, colonial collections, or the Cambodian state and its institutions.
While these statistics are alarming, in and of themselves, fluctuations in the sale of the unprovenanced pieces can also be
linked to events that would affect the number of looted antiquities exiting Cambodia and entering the United States. This
correlation suggests an illegal origin for much of the Khmer material put on the auction block by Sotheby’s. 相似文献