It is implicit in a western understanding of law that law is a series of generalisations, which are universal and which aim to promote social community. At the same time ‘law’ is expected to operate in a territory where it applies, and to apply to a community of rights-bearing subjects. Such a view of law may have reflected part of the values of the European Enlightenment where law was seen as a rational science and where religion has been seen as (...) excluded from law. An alternative route in the study of law is to study ‘transgressions’. The literature on ‘transgression’ suggests transgressions form an amorphous category and a proper examination of them is not closed by the normal taxonomy between the studies of ‘law as obedience’ versus ‘laws as violation’. In one sense transgressions are part of the rule, yet a separate category in their own right. I use the concept of ‘transgression’ to attempt to describe the legal significance of ‘violations’ in the rules of the Buddhist monks. I conclude that a proper consideration of the role of sexual desire in the Vinaya allows me to show that ‘violations were accepted within an institutional framework, that ‘violators’ were not excluded from the order of monks and that sexual experience could be seen as an alternative, if controversial, path of spiritual development. (shrink)

The Vimokkhakathā, a section of the Paṭisambhidāmagga, expounds the longest list of vimokkhas found in Pali; it also finely elaborates on the notion of vimokkha through a crucial shift in Theravāda exegesis. In order to explore the meaning and nuances of vimokkha in the Paṭisambhidāmagga, this article focuses on its classifications and definitions, discussing their relation to the standard lists found in the Nikāyas. This examination highlights a multifaceted soteriology that supplies meditative practice with a consistent wholesome attitude; I will (...) also demonstrate how various microstructure-levels affect the macrostructure of the Paṭisambhidāmagga, which in turn draws upon the wider structure of the Tipiṭaka. In addition, the commentary to the enunciation of the releases, translated in Appendix, clarifies the structure of the vimokkhas, and their relationship with the whole Paṭisambhidāmagga. (shrink)

This article provides a philosophical overview of some of the central Buddhist positions and argument regarding animal welfare. It introduces the Buddha's teaching of ahiṃsā or non-violence and rationally reconstructs five arguments from the context of early Indian Buddhism that aim to justify its extension to animals. These arguments appeal to the capacity and desire not to suffer, the virtue of compassion, as well as Buddhist views on the nature of self, karma, and reincarnation. This article also considers how versions (...) of these arguments have been applied to address a practical issue in Buddhist ethics; whether Buddhists should be vegetarian. (shrink)

ABSTRACT Dependent Origination is one of the fundamental concepts of early Buddhism. Traditionally, it is interpreted as a description of saṃsāra, the cycle of rebirth. This article offers a psychological interpretation of Dependent Origination as a model that describes how the forming unconscious of the foetus develops into the self-conscious mind of the adult human. This perspective opens new possibilities for the integration of Buddhist mind development, cognitive psychology and psychotherapy.

There is a long tradition in philosophy of blaming passions for our unhappiness. If only we were more rational, it is claimed, we would live happier lives. I argue that such optimism is misguided and that, paradoxically, people with desires, like us, cannot be both happy and rational. More precisely, if someone rational has desires he will not be fully happy, and if he has some desires that are rational and – in a yet-to-be-specified sense – demanding, he will be (...) frankly unhappy. Call this claim Rational Pessimism. The argument for Rational Pessimism can be considered as a variation on a Schopenhauerian argument that bluntly claims that, because desires involve lack and suffering, desiring souls like us cannot be happy. I argue that, even if Schopenhauer’s argument escapes most attacks that have been targeted against it, it faces decisive empirical objections. I argue that Schopenhauer’s argument can, however, be rescued if it is assumed that we are rational. (shrink)

In recent years, discussions of Buddhist ethics have increasingly drawn upon the concepts and tools of modern ethical theory, not only to compare Buddhist perspectives with Western moral theories, but also to assess the meta-ethical implications of Buddhist texts and their philosophical context. Philosophers aiming to defend the Madhyamaka framework in particular – its ethics and soteriology along with its logic and epistemology – have recently attempted to explain its combination of moral commitment and philosophical scepticism by appealing to various (...) forms of meta-ethical anti-realism. This paper argues that those attempts do not succeed, even in their own terms. Their emphasis on universal compassion, among other features of their approaches, is difficult to explain normatively so long as it is embedded within an anti-realist framework. Soteriological values – such as enlightenment and liberation – also seem to require a realist account of their normativity. Though many Buddhist philosophers disagree, there is at least one form of Buddhist philosophy, that of the Yogācāra school, that can be interpreted as articulating a meta-ethical realism of the kind that the broader Mahāyāna tradition (if not other Buddhist traditions as well) seems to require. To a greater extent than stressing common anti-realist themes would allow, the paper argues that finding common ground, where Western moral realism and Buddhist moral realism can coalesce and jointly vindicate a repertoire of shared ethical concepts, may also facilitate the efforts of those engaged in comparative ethical theory. (shrink)