Madhav Khosla’s brilliant book, India’s Founding Moment, is self-consciously a work on the history of ideas. Nonetheless, the subtitle of India’s Founding Moment—The Constitution of a Most Surprising Democracy—implies that Khosla draws a connection between the ideas that shaped the creation of constitutional democracy in India and its endurance. In this review, I pose the question of whether the design of the Constitution can be a source of constitutional resilience against the rising threat of authoritarianism and Hindu majoritarianism.

The judgment of the Supreme Court of Canada in the Quebec Secession Reference has produced a torrent of public commentary. Given the fundamental issues about the relationship between law and politics raised by the judgment, what is remarkable is that that commentary has remained almost entirely in a pragmatic perspective, which asks how positive politics entered into the motivations and justifications of the Court, and looks at the results in terms of their political consequences, without deep or sustained reflection on (...) the ultimate grounds for the role the Court took upon itself, or on the normative sources of its reasoning. In this article, we explore the Quebec Secession Reference through the lens of constitutional theory. In particular, we highlight three unconventional aspects of the Court’s reasoning: (a) the supplementation of the written constitution through an explicit process of amendment-like interpretation to craft a new legal framework governing the secession of a province from Canada, (b) the vesting by the Court of substantial, if not exclusive responsibility for interpreting the constitutional rules on secession in particular situations or contexts with political organs, not the courts, and (c) the ascent by the court to abstract normativity, in articulating a normative vision of the Canadian constitutional order, whence it derived the legal framework governing secession. In addition to drawing attention to these unusual aspects of the judgment, we articulate the theoretical justifications that both explain and justify those features of the judgment, and identify issues for future discussion. (shrink)

The migration of constitutional ideas across jurisdictions is one of the central features of contemporary constitutional practice. The increasing use of comparative jurisprudence in interpreting constitutions is one example of this. In this 2007 book, leading figures in the study of comparative constitutionalism and comparative constitutional politics from North America, Europe and Australia discuss the dynamic processes whereby constitutional systems influence each other. They explore basic methodological questions which have thus far received little attention, and examine the complex relationship between (...) national and supranational constitutionalism - an issue of considerable contemporary interest in Europe. The migration of constitutional ideas is discussed from a variety of methodological perspectives - comparative law, comparative politics, and cultural studies of law - and contributors draw on case-studies from a wide variety of jurisdictions: Australia, Hungary, India, South Africa, the United Kingdom, the United States, and Canada. (shrink)

Medical research with children has been the subject of ongoing debate. The reason for controversy is clear. As with research on adults, one must strike a balance between two goals – promoting the health of children through advances in scientific knowledge and protecting child research subjects from exploitation and harm. However, because of their age and relative immaturity, children cannot protect their own interests as well as adult subjects can. Yet as they progress toward adulthood, increasing care must be taken (...) to involve children in decisions that affect them, even to the extent of allowing them to make choices that may have serious and long-term consequences. (shrink)

Throughout the world, research ethics committees are relied on to prevent unethical research and protect research subjects. Given that reliance, the composition of committees and the manner in which decisions are arrived at by committee members is of critical importance. There have been Instances in which an inadequate review process has resulted in serious harm to research subjects. Deficient committee review was identified as one of the factors In a study in New Zealand which resulted in the suffering and death (...) of many women diagnosed with carcinoma in situ. (shrink)

The recent review of the Unrelated Live Transplant Regulatory Authority provides administrative and statistical information regarding living donor kidney transplantation in the United Kingdom.1 However, it leaves much unsaid. For example, although the report does mention the number of live kidney donations from unrelated donors that ULTRA has approved, it fails to mention that the United Kingdom has a low live kidney donation rate compared with other European countries .2 More importantly, the report does not address the fundamental question of (...) whether the legal framework underlying ULTRA is morally justified. The legal regime in the United Kingdom proceeds on the tacit assumption that genetically unrelated donors are much more vulnerable to coercion than are related donors, and hence are more in need of protective regulation. In this article, we argue that the distinction drawn in the United Kingdom between genetically related and unrelated donors is difficult to justify, that it unnecessarily discourages live organ donation, and that the law should be changed.BACKGROUNDThe Unrelated Live Transplant Regulatory Authority is a creature of the Human Organ Transplant Act , which was enacted by parliament in 1989, and which came into force, with regulations, on 1 April 1990.3–5 The Human Organ Transplant Act was enacted hastily after the General Medical Council’s inquiry into the notorious case of a British physician’s involvement in transplants involving Turkish peasants.6 Young men were inveigled by an agent to travel to London, ostensibly to take up new jobs. In fact, they were being recruited as living donors of kidneys transplanted into fee paying foreign patients. The consequent debate in the media attracted an emotional …. (shrink)

Management is presently under intense scrutiny and criticism for its simplistic objective of enhancing shareholders’ wealth, and for lacking the ability of integrating plurality, inclusivity, and ethical conduct. Most western management principles are based on theoretically deducted cause-effect relationships, and on structured planning towards a single purpose, using relatively standardized frameworks, processes and ways of thinking. However, the complexities of management require cognition of interdependencies and the ability to deal with ambiguity, and thus needs a new paradigm that moves away (...) from the present reductionist doctrine towards an holistic framework that is adaptable and integrative. However, such a transformation requires a completely distinct ideology based on a heterodoxy that syncretises purpose-oriented approach with the present profit-oriented approach. This paper proposes that Hinduism is ideally positioned to offer such a heterodoxy. In Hinduism, the connotation for management is more a process of selection from amongst the myriad choices along multiple levels, based on inductive and supplemented by deductive logic, and mostly devoid of any absolutes or singularity in process. Under Hinduism's influence, the ‘Indian way’ is a hybrid of individualistic, collective and context sensitive ways of thinking, that sets it apart from other cultures, and thus is uniquely positioned to offer an alternative management paradigm for today’s world. This paper will present how the values and norms embedded in the philosophy and religious principles of Hinduism, evolved and continue to influence Indian management thinking and behaviour, and how the lessons from the ‘Indian way’ might contribute towards the development of an alternative management paradigm. (shrink)

In this paper I made an attempt to discuss how the concept of alienation has been discussed in G.W.F. Hegel’s (1770–1831) social philosophy. In Hegel’s philosophy, alienation is part of the process of self-creativity and self-discovery. According to Hegel, initially our consciousness is alienated from itself. It cannot understand its own true nature. In order to realize its own true nature consciousness’s needs to develop absolute knowledge. The development of consciousness’s absolute knowledge is possible through the overcoming of self-alienation of (...) consciousness. Here, concept of alienation plays an important role in bringing consciousness to the shape of itself called absolute knowing. According to Hegel, consciousness cannot easily know itself with certainty. Consciousness has to develop its self-understanding to fully understand itself. In his discussion of the concept of alienation Hegel compares the dialectic of self-consciousness and consciousness which is not self-realised with the famous dialectic of the lord and the bondsman. It means while discussing the relation of lord and bondsman Hegel compares lord with independent consciousness and bondsman with dependent consciousness. This dialectic of lord and bondsman is sometimes referred to as the dialectic of the master and the slave relationship. In the productive system when everybody regards themselves to be producer and as a member of productive activity, when everybody participates in the large collaborative activity, then there exists no alienation in the society. But when people forget this identity then alienation arises in the society. Hegel thinks that when our consciousness reaches at the stage of itself called Absolute knowledge then it clearly comes to know that it is a differentiated spiritual unity of subjectivity and objectivity. Then it comes to know its own true nature and it overcomes its self-alienation. In the same way in society people overcome their self-alienation when everyone can think themselves to be a part of the whole community. In the present study, I shall deal with how Hegel has applied the concept of alienation in his social philosophy and how does he try to show that through overcoming his alienation a man gets united with the other or the whole community. (shrink)

The present study is an attempt to revisit how Feuerbach discusses the concept of alienation from religious point of view. According to Feuerbach, Religion and God do not exist beyond the human reach; rather they are the creation of human being. True religion is the relation of man with himself or with his own true nature. God according to Feuerbach is the manifested inward nature of man. But when man cannot understand that the religion and God are nothing but the (...) creation of human being, he becomes alienated from his actual nature. Worshiping external God is nothing but expression of human emotion. If God is regarded as something different from man, man becomes separated from his own true nature and ultimately he becomes alienated. In other words, if human essence is considered as truly belongs to God who exists beyond human reach, man becomes alienated from himself. Later on Marx regards this religious alienation as means of capitalists’ process of exploitation. In other words, with the help of religious alienation capitalists’ perpetuate their class exploitation. Thus, the present work will mainly focus on Feuerbach’s concept of religious alienation and how subsequently Marx has adopted and critically analyzed this concept of religious alienation in his philosophy. (shrink)

The ‘best interests’ standard is a highly seductive standard in English law. Not only does it appear to be fairly uncontroversial but it also presents as the most sensible, objective and ‘fair’ method of dealing with decision making on behalf of those who are perceived to be the most vulnerable within society. This article aims to provide a critical appraisal of how the standard has been applied within family law, to outline how the standard is to be applied within healthcare (...) law and, finally, to assess the relevance of the family law experience of the best interests standard to the operation of the standards as envisaged by the MCA. (shrink)

Journal of Human Values, Volume 28, Issue 1, Page 44-56, January 2022. The children of today inhabit the planet when CO2 levels have exceeded 400 parts per million. Crucial planetary boundaries are breached, and the climate crisis has manifested itself menacingly along with several accompanying civilizational crises be it health, socio-economic, political or humanitarian. It is, according to us, the crisis of Industrialism. At this crucial juncture of converging planet-scale disasters where the very survival of humanity is at severe risk, (...) we explore fresh insights into alternative imaginations that can foster a new world where we not just survive but flourish.One such alternative imagination of a good society is that by Gandhi. A century ago, he outlined this vision as Swaraj and, over the years, fleshed out this vision. It is for this Swaraj that in 1937, Gandhi, conceptualizing his educational ideas, initiated a programme known as Nai Talim. Swaraj was diametrically opposite to Industrialism. And, therefore, Nai Talim was in sharp contrast to the state-approved school education that promoted Industrialism.In this article, we give a brief outline of Swaraj; highlight the interconnections between Swaraj and Nai Talim; and expand on ways in which one can reimagine Gandhi’s Nai Talim for contemporary times. We also argue that such an imagination of reinvented Nai Talim is possible today in Indigenous communities, where there is a spirited resistance to industrialism. And as an example, we look at the ongoing experiment of the Zapatistas of Chiapas, Mexico. (shrink)

In the first half of the nineteenth century, race and science were interconnected. The emergence of a science of race has been mistakenly aligned with the spread of Darwinism across the imperial realms. The sciences were central to the identification of racial and national types and thus were an important part of the framework that upheld empire. Biology showed how races and peoples could be “improved,” providing a justification for rule by the supposedly superior colonizers and neutralizing the question of (...) whether empire was moral. The fundamental synergies between race and empire emphasize the role of the study of the human body in European expansion from the very beginning. Before addressing race, empire, and biology before Darwinism, this chapter focuses on what might be called the Atlantic world of Europe, America, and to a lesser extent, the Caribbean and West Africa. It then looks at the greater Indian Ocean, stretching from the South Pacific to South Asia, to demonstrate how and why biology was globalized. (shrink)

Medical science brings innovations in patient care at an astounding pace today - new chemotherapeutic agents, coated stents, and minimally invasive surgery are just few recent examples. For physicians, though, the specter of malpractice liability can overshadow the marvel of practicing in this era. Many physicians are working in a volatile liability environment; they face spiraling costs for malpractice insurance, have difficulties purchasing liability coverage at any price, and see record payouts in a growing number of claims against their colleagues. (...) The American Medical Association has declared that at least 20 states are currently in a malpractice “crisis,” with another 24 states showing early signs of an impending crisis.There have been two comparable periods of instability in the last thirty years, but these predecessor crises differ from the current one in important ways. First, while physicians mainly experienced dwindling options for obtaining coverage in the mid-1970s and exorbitant prices in the mid-1980s, the current crisis appears to have elements of both availability and affordability. (shrink)

Medical science brings innovations in patient care at an astounding pace today - new chemotherapeutic agents, coated stents, and minimally invasive surgery are just few recent examples. For physicians, though, the specter of malpractice liability can overshadow the marvel of practicing in this era. Many physicians are working in a volatile liability environment; they face spiraling costs for malpractice insurance, have difficulties purchasing liability coverage at any price, and see record payouts in a growing number of claims against their colleagues. (...) The American Medical Association has declared that at least 20 states are currently in a malpractice “crisis,” with another 24 states showing early signs of an impending crisis.There have been two comparable periods of instability in the last thirty years, but these predecessor crises differ from the current one in important ways. First, while physicians mainly experienced dwindling options for obtaining coverage in the mid-1970s and exorbitant prices in the mid-1980s, the current crisis appears to have elements of both availability and affordability. (shrink)

The Yogic literatures are replete with examples of several unique mystical experiences in deeper states of meditation. These experiences have nevertheless remained largely untouched by the scientific community, possibly because of the extreme inexplicability of such states and the lack of sophistication in evaluating them. More amenable to scientific research, however, would seem to be the simpler states of awareness in meditation such as that of inner light perception. While a few studies have attempted to explore this state by objective (...) means, the subjective experience of this state remains largely unexplored. The present study originates from an interesting sub-theme identified in an earlier study focused on interpretative phenomenological analysis of the experience of inner light perception among Vihangam Yogis. The original study found that the Yogis were very confident in differentiating their experience of inner light perception from other similar experiences. It was thus decided to use IPA to explore the clarity of the differences perceived by the Vihangam Yogis between these experiences. The present study reveals that the meditators could clearly differentiate the state colloquially termed “inner light perception” from external light perception, imagination and dreams. The meditators gave detailed descriptions of their perception of the differences between these experiences, which suggests that the subjective state of inner light perception could be quite different from that of those experiences which the authors have termed differentials of inner light perception. The conclusion reached is that, in addition to further empirical study by means of the traditional modalities and measures, vigorous qualitative study of the subjective dimensions of the state of inner light perception is warranted, with this study indicating that IPA is especially effective in the latter regard. (shrink)

The ontological model framework for an operational theory has generated much interest in recent years. The debate concerning reality of quantum states has been made more precise in this framework. With the introduction of generalized notion of contextuality in this framework, it has been shown that completely mixed state of a qubit is preparation contextual. Interestingly, this new idea of preparation contextuality has been used to demonstrate nonlocality of some \(\psi \) -epistemic models without any use of Bell’s inequality. In (...) particular, nonlocality of a non maximally \(\psi \) -epistemic model has been demonstrated from preparation contextuality of a maximally mixed qubit and Schrödinger’s steerability of the maximally entangled state of two qubits (Leifer and Maroney, Phys Rev Lett 110:120401, 2013). In this paper, we, show that any mixed state is preparation contextual. We, then, show that nonlocality of any bipartite pure entangled state, with Schmidt rank two, follows from preparation contextuality and steerability provided we impose certain condition on the epistemicity of the underlying ontological model. More interestingly, if the pure entangled state is of Schmidt rank greater than two, its nonlocality follows without any further condition on the epistemicity. Thus our result establishes a stronger connection between nonlocality and preparation contextuality by revealing nonlocality of any bipartite pure entangled states without any use of Bell-type inequality. (shrink)

Well-designed pragmatic clinical trials (PCTs) are critical for improving healthcare delivery and patient outcomes (Haff and Choudhry 2018), and the article written by Garland et al. (2023) advance...

During the last several decades, professional medicine has undergone profound changes in its organization. In particular, the growth of managed care organizations and publicly funded medicine has increasingly standardized physician working conditions and reimbursement. While it is sometimes disputed whether the profession of medicine is suffering reduced autonomy as a whole, there is little doubt that individual physicians are losing autonomy (Burdi and Baker 1999; Harrison and Schulz 1989; Iglehart 1992). As a result, physicians are increasingly attracted to various mechanisms (...) for retaining some control over their individual practice (Choudhry and Brennan 2001). Such mechanisms may include organization .. (shrink)

The fear of “communist subversion” in Thailand from the 1950s to the 1970s played a crucial role in the ongoing government control of public knowledge and the anti-communist propaganda. The companion piece novellas Made in USA and A Complete Idiot by Sujit Wongthes, a leading independent writer, disclosed the truth about the Vietnam War and challenged the pro-American hype in the context of 1970s Thailand. Made in USA achieved this through a blend of travelogue and journalist distance; A Complete (...) Idiot through a portrayal of the internal struggle of a young Thai man who grew up under the extensive influence of the Thai state’s pro-American, anti-communist propaganda. In A Complete Idiot, the protagonist’s state of blissful ignorance crumbles when his old “knowledge” of the “evil communist” and Thai-American relations are juxtaposed with new information about the 1971 reconciliation between the US and the People’s Republic of China. Reading the two novellas critically, this article investigates how the state-instilled perceptions of communism and propaganda construct a Thai identity that becomes inadequate vis-à-vis a different set of information. It also looks at the extent to which Thai internal politics was subsumed into the international politics of the Cold War and how such an entanglement informed Thai national identity. Finally, this article argues that the two novellas at once challenge the Thai government at the time and subvert its projection of the US. In doing so, the novellas open up a new space for alternative Thai cultural identities. (shrink)

This article comments briefly on three specific issues in Shazia Choudhry’s paper “‘Best Interests’ What can healthcare law learn from family law?” The three issues are: (1) the implications of ‘best interests’ and ‘welfare science’ for women within the family law and the health care law context, (2) the risk of capture by the ‘welfare science’ industry, and (3) the proposal that a committee of medical experts and medical ethicists should be set up to provide reports to the Court (...) of Protection on cases brought under the Mental Capacity Act 2005 (MCA). I argue that the risk of capture by ‘welfare science’ is equally large in health care law and that a committee of the kind envisaged by Choudhry is unlikely to contribute significantly to conflict resolution under the MCA. (shrink)

This seventh volume of Collected Papers includes 70 papers comprising 974 pages on (theoretic and applied) neutrosophics, written between 2013-2021 by the author alone or in collaboration with the following 122 co-authors from 22 countries: Mohamed Abdel-Basset, Abdel-Nasser Hussian, C. Alexander, Mumtaz Ali, Yaman Akbulut, Amir Abdullah, Amira S. Ashour, Assia Bakali, Kousik Bhattacharya, Kainat Bibi, R. N. Boyd, Ümit Budak, Lulu Cai, Cenap Özel, Chang Su Kim, Victor Christianto, Chunlai Du, Chunxin Bo, Rituparna Chutia, Cu Nguyen Giap, Dao The (...) Son, Vinayak Devvrat, Arindam Dey, Partha Pratim Dey, Fahad Alsharari, Feng Yongfei, S. Ganesan, Shivam Ghildiyal, Bibhas C. Giri, Masooma Raza Hashmi, Ahmed Refaat Hawas, Hoang Viet Long, Le Hoang Son, Hongbo Wang, Hongnian Yu, Mihaiela Iliescu, Saeid Jafari, Temitope Gbolahan Jaiyeola, Naeem Jan, R. Jeevitha, Jun Ye, Anup Khan, Madad Khan, Salma Khan, Ilanthenral Kandasamy, W.B. Vasantha Kandasamy, Darjan Karabašević, Kifayat Ullah, Kishore Kumar P.K., Sujit Kumar De, Prasun Kumar Nayak, Malayalan Lathamaheswari, Luong Thi Hong Lan, Anam Luqman, Luu Quoc Dat, Tahir Mahmood, Hafsa M. Malik, Nivetha Martin, Mai Mohamed, Parimala Mani, Mingcong Deng, Mohammed A. Al Shumrani, Mohammad Hamidi, Mohamed Talea, Kalyan Mondal, Muhammad Akram, Muhammad Gulistan, Farshid Mofidnakhaei, Muhammad Shoaib, Muhammad Riaz, Karthika Muthusamy, Nabeela Ishfaq, Deivanayagampillai Nagarajan, Sumera Naz, Nguyen Dinh Hoa, Nguyen Tho Thong, Nguyen Xuan Thao, Noor ul Amin, Dragan Pamučar, Gabrijela Popović, S. Krishna Prabha, Surapati Pramanik, Priya R, Qiaoyan Li, Yaser Saber, Said Broumi, Saima Anis, Saleem Abdullah, Ganeshsree Selvachandran, Abdulkadir Sengür, Seyed Ahmad Edalatpanah, Shahbaz Ali, Shahzaib Ashraf, Shouzhen Zeng, Shio Gai Quek, Shuangwu Zhu, Shumaiza, Sidra Sayed, Sohail Iqbal, Songtao Shao, Sundas Shahzadi, Dragiša Stanujkić, Željko Stević, Udhayakumar Ramalingam, Zunaira Rashid, Hossein Rashmanlou, Rajkumar Verma, Luige Vlădăreanu, Victor Vlădăreanu, Desmond Jun Yi Tey, Selçuk Topal, Naveed Yaqoob, Yanhui Guo, Yee Fei Gan, Yingcang Ma, Young Bae Jun, Yuping Lai, Hafiz Abdul Wahab, Wei Yang, Xiaohong Zhang, Edmundas Kazimieras Zavadskas, Lemnaouar Zedam. (shrink)