Natural Law and the Bhagavad-Gita: The Vedic Concept of Natural Law

Abstract. Western natural law theory emphasises the derivation of principles of right action said to be universal and objective from the application of practical reasonableness to the pursuit of basic human goods that are self‐evident or based on human nature. Critics say its methodology is inherently subjective. In contrast, the Vedic approach to natural law of the Bhagavad‐Gita emphasises the full development of a universal aspect of human nature—consciousness—to promote right action. A healthy person with a developed intellect, clear mind, balanced emotions and full perception is best placed to fulfil his or her society's highest ideals of ethical and lawful conduct. The Vedic approach advocates a supportive social environment and the use of meditation techniques to promote such development. Research has found that the Transcendental Meditation (TM) program promotes improvement in mind, body and behaviour. For example, offenders in Australia, the United States and Senegal practising the technique experienced decreased substance abuse and recidivism and improved wellbeing. From a scientific perspective, TM promotes these improvements by producing a unique psychophysiological state of restful alertness that dissolves stress that blocks the unfoldment of full potential in life.     

Asian values revisited

  With Asia's economy still booming in the second half of the 1990's “Asian values” were announced by some politicians (Lee Kuan Yew, Mahatir, Ishihara, Mahbubani etc.) and contrasted with “Western values”. Soon a controversial debate within Asia ensued (Kim, Fidel Ramos ea..), into which also the western democracies joined. The “West” however reacted rather defensively to the new assertiveness of some Asian statesmen, inspite of the fact that the authors of this debate put into question the western dominance in global value setting which has been in existence since the French revolution. But has this debate withstood the test of time, the challenges posed by the recession in Asia and by the ever increasing globalization? Hardly. The crisis has destroyed the notion that “Asian values” had been the main cause and guarantor of Asia's exorbitant growth rates. While in the West Christianity forms the essential basics of culture, in Asia there is a multitude of coexisting - and frequently confronting world religions. There is no other continent which in cultural and political terms is so contradictory and potentially conflict ridden like Asia. “Asianism” as a concept was surely also intended as an instrument to integrate multiethnic Asian societies with weak internal cohesion. At the same time it served to neutralize the human rights issue. In the meantime the debate has become quieter and more dispassionate. In the developed West the notion gained acceptance to abandon “Eurocentrism”. At the same time there is recognition that “Asian values” are not exclusive. Also in Europe the family plays a special role. A debate on values is needed for societal integration – also in the “West” which should become more aware of the need to reassert the origins of its own spiritual foundations. Following September 11th the west is well advised to continue the dialogue on values with Asia. Update and expanded version of an article first published in: Au?enpolitik IV/1996, p. 326 “Beginnt das pazifische Jahrhundert?” I would like to thank Julia Prati for the translation of the updated and expanded version of this article     

The Relational Principle of Trust and Confidence

This article seeks to explain why, in terms of Iain Macneil'srelational theory of contract, the implied mutual duty of trustand confidence can be described as a quintessentially relationalnorm. The role played by the duty in the development of a relationalapproach to variation of the employment contract is examined.The potential for the trust duty to become a relational principleinforming the content of the employment contract is explored.The impact of litigation based on the trust duty in creatinga relational approach to employees’ contractual remediesat common law, which have traditionally been dominated by thenotice rule, is assessed. Finally, the potential for there todevelop a relational principle of trust and confidence capableof, to some extent, unifying the contractual, statutory andtortious elements of the law of the employment relationshipis examined.     

Impact of tropical conditions on thin layer chromatography in analytical toxicology: high temperatures and moderate humidities.

The impact of high temperatures (24 to 39 degrees C) and low to moderately high humidities (20 to 70%) on the applicability of TLC systems for drug identification was studied during a 6 month climatologic cycle in Burkina Faso (West Africa). In general, the Rf values as observed on the plates were found to be substantially affected as compared with values obtained at temperate climates. Some TLC systems were more affected than others and the largest deviations of up to 30 Rf units were at low humidities. Tropical conditions also had a negative effect on the reproducibility of Rf values. However, when an Rf-correction procedure was applied, using reference mixtures of known drugs on each plate, accuracy as well as reproducibility of the resulting Rfc values were drastically improved and data thus corrected were found to be compatible with existing TLC data bases developed under moderate climatological conditions. The impact of high to extremely high humidities (70 to 100%) remains to be investigated.     

Law enforcement information sharing: A Florida case study

Many attempts have been made over the last several decades to improve communication among law enforcement agencies. This article is a case study of a “low-level” data sharing project in Florida that could serve as a national model. The Florida Law Enforcement Data Sharing Consortium is a partnership between the University of Central Florida and more than one hundred law enforcement agencies. It offers an inexpensive, yet technically advanced alternative to the proprietary data sharing model. Its distributed architecture was endorsed by the Markle Foundation, the 9/11 Commission, and the 2004 National Security Act. Civil liberties concerns raised by this and other types of data sharing projects are discussed.     

Traditions of governance: interpreting the changing role of the public sector

The role of the state is changing under the impact of, for example, globalization. The changes have been variously understood as the new public management (NPM), the hollowing–out of the state and the new governance. This special issue of Public Administration explores the changing role of the state in advanced industrial democracies. It focuses on the puzzle of why states respond differently to common trends.
This introductory article has three aims. First, we provide a brief review of the existing literature on public sector reform to show that our approach is distinctive. We argue that the existing literature does not explore the ways in which governmental traditions shape reform. Second, we outline an interpretive approach to the analysis of public sector reform built on the notions of beliefs, traditions, dilemmas and narratives. We provide brief illustrations of these ideas drawn from the individual country articles. Finally, we outline the ground covered by all the chapters but we do not summarize and compare their experiences of reform. That task is reserved for the concluding article.     

Logical evaluation of evidence when a person is suspected of committing two separate offences.

We consider the problem of drawing inferences within a legal framework when a person is a suspect for two separate offences. Although we are primarily concerned with scientific evidence the issue inevitably arises as to how that evidence interacts with other, non-scientific evidence. We show that, in this particular context, the evidence can be conveniently classified into three categories that concern, respectively: the first crime only; the second crime only; and evidence that relates to similarities between the two crimes. Two case examples are considered and we consider DNA, fibres and eyewitness evidence. These are viewed from the perspective of a prosecutor who has to decide whether or not to charge a suspect with one or both crimes. Graphical sensivity analyses are presented which have features that are not intuitively obvious.     

Influence of electricity on post-mortal body temperature

In a case of suicidal application of electricity differences between the rectal temperature of the body and the suspected time of death were observed.In order to answer the question whether an electric current from hand to hand over >30 min led to a rise in body temperature FEM-based computer simulations and animal experiments were carried out. Both resulted in a warming of the soft parts in the arm without warming the body core. Thus a temperature-based estimation of the time since death can also be used in cases with electricity as the cause of death. Besides, in the animal experiment we found a spontaneous rise in the body core temperature even without application of electricity which may be a reason for the typical temperature plateau after death.     

Race as a factor in university admissions

In two recent cases, Grutter v. Bollinger, 539 U.S. 306. (2003) and Gratz v. Bollinger, 539 U.S. 244. (2003), the Supreme Court held that the Equal Protection Clause permitted state schools to use race-sensitive admissions in order to obtain the educational benefits that flow from a diverse student body. The diversity-based argument for race-sensitive admissions, scholarships, awards, and other opportunities at universities should have been rejected because it does not consider the full range of costs and benefits and because the more narrow educational effects probably weigh against such programs. However, this does not suggest that applicants’ race, ethnicity, and gender should be ignored. Rather the same consideration that led to the defeat of the diversity argument, i.e., reasoning capacity, supports the consideration of demographic factors. However, attention to such factors further undermines the consequentialist case for affirmative action.