Hindu Law is the first comprehensive study of the Sanskrit-language literatures on dharma since the publication of P. V. Kane’s five-volume History of Dharmaśāstra. The present essay offers a detailed review of this significant new work’s contents and its contributions to the study of the Dharmaśāstras. Particular attention is paid to the various places where Hindu Law revises the historical record or furnishes new insight into religious and other practices, symbols, and social institutions defined by dharmaśāstric works. This (...) essay concludes with a suggestion for future research, which is made possible in no small part by the contributions of the volume here under review. (shrink)

. Hindu law represents one of the least known, yet most sophisticated traditions of legal theory and jurisprudence in world history. Hindu jurisprudential texts contain elaborate and careful philosophical reflections on the nature of law and religion. The nature of Hindu law as a tradition has been subject to some debate and some misunderstanding both within and especially outside of specialist circles. The present essay utilizes the familiar framework of legal realism to describe the fundamental concepts of (...) law and legal procedure in Hindu jurisprudence. Questions about the place of natural law theory and legal positivism in relation to Hindu law are also considered. (shrink)

Studies in Hindu Law and Dharmaśāstra. By Ludo Rocher. Edited with an introduction by Donald R. Davis, Jr. Anthem South Asian Normative Traditions Studies. London: Anthem Press, 2012. Pp. 759. £80, $130.

It has long been recognized that the Indian subcontinent is home to two markedly different systems of kinship that broadly correspond to prominent linguistic and geographical divisions in the region: those of the Indo-Āryan North and the Dravidian South. Moreover, scholars have widely agreed that the most distinctive feature of Dravidian kinship is the widespread practice of cross-cousin marriage in its various forms. In the Indo-Āryan North, by contrast, a man is generally forbidden from marrying a woman to whom he (...) is biologically related in any way within a fairly large number of generations. Nevertheless, by the close of the first millennium CE, Brāhmaṇa intellectuals throughout India shared in common both a canon of scriptural sources and a complex tradition of jurisprudence known as Dharmaśāstra. Hence, this raises the question: How did classical Brāhmaṇical jurists of the North and the South deal with the controversial issue of cross-cousin marriage? It is this question that this article aims to address in comprehensive detail. In particular, it will trace the treatment of cross-cousin marriage within Dharmaśāstra from the earliest texts of the tradition up to the two earliest and most prominent juridical defenses of the custom, composed in the thirteenth and fourteenth centuries. It will then conclude by drawing attention to a rare case where a particular Dharmaśāstra work can be seen to have influenced the marriage practices in a particular region of South India in the premodern past. (shrink)

The collection of Malayalam records entitled Vanjeri Grandhavari, taken from the archives of an important Namputiri Brahmin family and the temple under its leadership, provides some long-awaited information regarding a wide range of legal activities in late medieval Kerala. The organization of law and the jurisprudence represented by these records bear an unmistakable similarity to legal ideas found in dharmastra texts. A thorough comparison of the records and relevant dharma texts shows that landholding Namputiri Brahmins, who possessed enormous political and (...) economic power in the region, mediated the implementation of dharmastra into the legal system. From this comparison arise new understandings of law and legal categories such as custom and positive law. Moreover, such comparisons begin to elucidate the problems involved in Western assumptions that it is textual law, not its interpretation and application by humans, which controls behavior. The Vanjeri records demonstrate not only the importance of dharmastra as a historical document but also the manner and extent to which dharmastra provided the foundation for legal systems in Kerala as well as in other regions of India. (shrink)

The author offers a commentary on the question, “Are there Hindu bioethics?” After deconstructing the term “Hindu,” the author shows that there are indeed no Hindu bioethics. He shows that from a classical and Brahminical perspective, medicine is an inappropriate and impure profession.

Not much work has been done on Hindu bioethics other than by a select few scholars and medical doctors. Professor Cromwell Crawford, author of Dilemmas of Life and Death: Hindu Ethics in a North American Context and Hindu Ethics for the Twenty-first Century, for example, is well known in the field of Hindu bioethics. Others scholars include Dr. Uma Mysorekar, who is a gynecologist as well as the president of the board of trustees of the Ganesha (...) Temple of Flushing New York. She has published several short pieces on Hindu bioethics, and has even been interviewed by PBS for their “Religion and Ethics” program. Dr. H. L. Trivedi, director of the Institute of Kidney Diseases and Research Center at the Civil Hospital Campus in Ahmedabad, India, is also prominent. His pithy paragraph in Transplant Proceedings on Hinduism and organ transplantation is cited with enormous frequency on the Internet and elsewhere. These thinkers, however, are unequivocally wrong in their position that Hinduism supports organ transplantation, and, more importantly, that it offers any coherent or systematic bioethics whatsoever. (shrink)

Hinduism is considered one of the most ancient religions in the world. Although the technological innovation of modernization has undermined the reliance on their traditions, Hindus may still rely on Hindu Scripture when making decisions. From their standpoint, contrary to Western medicine, human lives cannot be reduced to statistical and empirical facts. They focus more on preserving the spirit, rather than considering survival as one of the goals of medicine. Consequently, when a preterm infant is born, Hindu parents (...) might struggle to understand the goals of Western neonatologists. This divergence may create misunderstandings when discussing end-of-life decisions. Since they value relational aspects to be of utmost importance, they may accept treatments only in the likelihood of good neurological outcomes. Being able to interact allows Hindus to act virtuously with the aim of purifying their soul toward moksa. When it comes to end-of-life decisions on behalf of newborns, Hindu parents may opt to forgo treatments and let the baby peacefully die, while praying for their soul to have a better rebirth. This paper aims to evaluate quality-of-life assessment in the Hindu tradition in comparison with the Catholic tradition. It draws parallelisms between these two different religions to investigate whether an inter-religious dialogue is possible. This work will help Catholic, and more broadly Western, doctors to have a better understanding of the Hindu end-of-life views. (shrink)

This is a breakthrough work expanding the debate of the dilemmas of life and death in contemporary American society by carrying it beyond the insights of Western religious and philosophic thought to include ethical perspectives of the Hindu tradition. The topics covered are the timely ethical issues that concern both Americans and all people of the world — abortion, suicide, euthanasia, and the environment. A lively East-West dialogue probes the roots of each issue in its native setting, and the (...) fruit of this historical approach is a clear-cut analysis of up-to-date cases, giving their current status in terms of ethics, religion, philosophy, medicine, and law. Unlike traditional textbooks that concentrate on a theoretical analysis to the exclusion of practical issues, this book does justice to both theoretical and practical ethics. (shrink)

This article examines the phenomenon of same-sex unions, both joint suicides and weddings, mostly among young, low-income, non-English speaking women, that have been reported from many parts of India over the last three decades. Most of the women were Hindus and many of the weddings took place by Hindu rites. None of these women had contact with any LGBT or women's movement or activists before their weddings. Ancient as well as modern texts show that people can and do draw (...) on traditional Hindu ideas about love (as the product of attachments formed in former lives), rebirth (attachments persist from one birth to another) and marriage (which is supposed to outlast one lifetime) to legitimize socially disapproved unions, both cross-sex and same-sex. Right-wing Hindu forces today mistakenly argue that the idea of same-sex love and marriage, and indeed of marriage based on love itself, are Western imports. In fact, same-sex marriages were reported from rural areas and small towns long before the Indian LGBT movement took cognizance of the issue. When families accept them, female couples are generally able to stay together but when families violently oppose them, often with the collusion of local police, couples may be forced to separate or driven to suicide, even though law courts have uniformly upheld the right of consenting adults to live together. Modern Hindu teachers and priests are divided on the question of the validity and desirability of same-sex marriage; a doctrinal debate is now developing. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:VIOLENCE AND NONVIOLENCE IN HINDU RELIGIOUS TRADITIONS Francis X. Clooney, SJ. Boston College Outline I.Violence, Sacrifice and Ritual 1. Some basic attitudes toward the killing of animals 2.Resolving the problem of sacrificial violence by internalization 3.Substitutions 4.Renunciation and nonviolence: an elite pathway 5.Violence andnonviolenceinrelation to vegetarianism: Hans Schmidt's theses?. Traditional Hindu Theorizations of Violence in Mimamsa Ritual Theory and Vedanta Theology 1. The ritual analysis (at Mimamsa (...) Sutra 1.1.2) of the Shyena rite which is performed in order to harm enemies 2.The Vedanta analysis (at Uttara Mimamsa Sutra 3.1.25) of ritual violence in relation to the prohibition of violence??. Violence in the Life of the State HOFrancis X. Clooney, S.J. 1. The royal power to punish (danda) 2.The synthesis of the ideals of brahmin and king a..The distribution and management of violence in the Laws ofManu (1st century CE) b. Policy toward warfare in the Arthashastra of Kautilya 3.The collapse of the brahmanical synthesis—and the emergence of a (seemingly) more nonviolent Hinduism 4.A comment on Gandhi (1 869-1948) and the contemporary emergence of post-Gandhian Hindu perspectives IV.Alternate Views from Outside the Sanskritic Tradition 1. Tamil Wisdom on Violence and Nonviolence: a.Tirukkural (c. 2nd century CE) b.Cilappatikaram (5th century CE) 2.Blood and Goddesses 3.From a Village Perspective a. Some Trouble with Cows b.Mahasweta Devi and the Literary Exposure of Violence V.The Question of a Christian Perspective on the Hindu Treatment of Violence and Religion: Are Victims Necessary? Some Presuppositions: • The following reflections, complex as they are, are governed by a reluctance to simplify Hindu teaching. I seek to avoid the view that the Hindu traditions had only one view of violence and nonviolence. • I use the term "Hindu" loosely and as a shorthand, without claiming that there is a single Hindu tradition, or a single creed shared by all Hindus, or a single attitude toward violence. But neither do I claim that there are simply many traditions without any common elements which justify the appellation "Hindu." • I am reluctant to idealize the Hindu traditions as if nonviolence must necessarily be taken as the epitome ofHindu thought. India's traditions are complex, and require complex treatment. • A serious artificiality of this paper is that I treat Hinduism without simultaneously lookinginto Buddhist andJain materials, though both were traditions with important and enduring commitments to nonviolence. Particularly with respect to the renunciant, marginal components of traditions, one ought not to make overly neat or decisive distinctions Violence and Nonviolence in Hindu Religious Traditions 1 1 1 between the Hindu, Buddhist, and Jain theories and practices related to violence and nonviolence. • I attempt to give preference to indigenous discussions ofissues related to violence and nonviolence; the context and mode of thinking are important, notjust the conclusions drawn. I therefore avoid simply mining Hindu texts for an answer to a contemporary question, "What is the Hindu attitude toward violence and nonviolence?" • In most ofwhat follows we must distinguish contexts where "violence" indicates "physical action which causes pain to some living being," from contexts where "violence" indicates "an intention, rooted in anger or malice, to hurt someone." I use the word "violence" for both in order to highlight the complex issues of distinction involved. In considering the Sanskrit formulations, one likewise has to distinguish himsa as "causing pain" from himsa as "intending to harm." • It is often difficult to date ancient texts, and even when one narrows down a date—within 200-300 years—its significance still depends on other, often equally broadly stated dates. Nevertheless, I do offer dates throughout, as summarized here: •ancient Vedic sacrificial practices, from before 1200 BCE •Vedic ritual analyses and reformulations of sacrifices as ritualized acts, in the Brahmanas, from after 1000 BCE •the Upanishadic exploration of the deeper meanings of ritual and interiorized alternatives to ritual, from after 900 BCE •the Buddha, c. 500 BCE •key texts in the theorization of royal power, The Laws of Manu (beginning of Common Era) and Arthashastra (c. 150 CE) •the Tamil wisdom text Tirukkural (100 CE) •Goddess texts as evidenced in Sanskrit formulations, from after 500 CE... (shrink)

Currently, much of sociology lacks an accurate understanding of what it means to be human. Hence, as a discipline, it often finds itself erroneously searching for probabilistic social laws based on inadequate philosophical anthropologies derived from the natural sciences. This article proffers a solution by re-acknowledging an overlooked axis of ‘human nature’. By conceiving of human beings as fundamentally moral, believing creatures, I argue that more adequate explanations of social life require a hermeneutical, historical and moralistic reading. Employing this alternative (...) approach to sociological analysis, I unearth the moral groundwork under-girding the debate between Easterners and Westerners over the question of whether the Hindu caste system is exploitative. Having done so, I conclude that only a more in-depth acknowledgment and articulation of the moral sources from which we draw our beliefs can propel debaters of both Eastern and Western philosophical dispositions towards resolution. (shrink)

Pandit Gopinath Kaviraj of Varanasi, India was a well-known interpreter of the Hindu Tantric traditions, who also practiced kundalini yoga according to his own understanding of four sequential paths. This study attempts to reconstruct the stages of Kaviraj's system of Tantric yoga by analyzing and integrating innumerable partial discussions scattered throughout his writings, in an effort to reveal the hidden structure of transformations. Primary research materials include collections of Kaviraj's essays on the Hindu Tantric traditions written in Bengali (...) and Hindi, and his philosophical notebook, Svasambedana . ;The concepts of formal and material ontologies, developed for linguistic theory by Ashok Kumar Gangadeen, are adopted in analyzing the category structure of Kaviraj's four paths. A synchronic methodology is used to present Kaviraj's interpretations of the Kashmir Saiva, S akta Tantric and Sahajiy a Vaisnava traditions in relation to known Tantric concepts and practices, found in the classical texts and secondary literature on these traditions. Categories that belong to the material ontologies of the various Tantric sects are examined for trans-sectarian thematic unity and for explicating the processual patterns that constitute the formal ontology which Kaviraj sees as underlying his own four paths. This formal ontology is based on the principle of increments of consciousness by which kundalini/ develops. ;Each of Kaviraj's Tantric paths incorporates orthodox Hindu forms of spiritual realization, but utilizes different means to them, as well as moves beyond them to uniquely Tantric forms of integral realization. Technical terms are discussed from the relevant traditional Hindu perspective and then from their revalorization in relation to uniquely Tantric forms of yogic realization. ;Kaviraj's systemic perspective on the architectonics of his four Tantric paths is also reconstructed and systematized from various schemata found in Svasambedana. Analyses are concerned both with structural replication and with understanding the series of paths as a single continuum based on laws of dialectical synthesis. Finally, there is a discussion of Kaviraj's supreme integral yoga , his own advanced practice for universal integral Self-realization, as taught by his guru and other adepts of the Jnanaganj asram of Tibet. An inquiry is made into its kala-structure, and it is suggested to be an innovative fifth path which utilizes the structure of the other four paths for the bestowal of universal grace. (shrink)

The study of South Asian ethics presents a variety of problems for the comparative ethicist. This response focuses on one such problem relating to Hinduism: the pervasive use of nonsystematic lists as a source of ethical injunctions and guidelines. The author demonstrates how an indigenous hermeneutic may unpack a list that contains the gift of fearlessness among other gifts. The source of this interpretation is Pūrva Mīmāṃsā, an ancient Indian school of philosophy that specialized in language and the application of (...) sacrificial logic to law and ethics. The same principles that allowed ritual specialists to sort out a huge array of rules into proper injunctions also allow us to make sense of ethical principles embodied in puzzling lists of concrete items. (shrink)

The study of South Asian ethics presents a variety of problems for the comparative ethicist. This response focuses on one such problem relating to Hinduism: the pervasive use of nonsystematic lists as a source of ethical injunctions and guidelines. The author demonstrates how an indigenous hermeneutic may unpack a list that contains the gift of fearlessness among other gifts. The source of this interpretation is Purva Mimamsa, an ancient Indian school of philosophy that specialized in language and the application of (...) sacrificial logic to law and ethics. The same principles that allowed ritual specialists to sort out a huge array of rules into proper injunctions also allow us to make sense of ethical principles embodied in puzzling lists of concrete items. (shrink)

Ratna Kapur’s recent book entitled Erotic Justice proposes a new politics of postcolonialism whereby the sexual subaltern disrupts the normative principles of the universal, liberal, legal domain. Kapur traces legal strategies regarding censorship, sex-work, homosexuality, sexual harassment, trafficking and migration which travel a treacherous path, countering allegations of ‘unIndian’ and Western practice with cultural histories of ‘authentic’ sexual legitimacies, towards a new politics of desire. Kapur frames her analysis through postcolonial feminist theory as providing a tool for feminist struggle, yet (...) distinct from and disruptive of a liberal project of global sisterhood. This review deeply values the role of the sexual subaltern which disrupts the tenets of a linear, progressive liberalism. Drawing upon Indian feminist and Western feminist perspectives, the review considers how the distinct position of the postcolonial sexual subaltern subject informs the generic role of law as a tool constructing relations of domination regarding gender, sexuality, caste, property and religion. Kapur observes that both the West and the Hindu Right have engaged with liberal legal principles. This engagement, I argue, exposes and informs law as a historical and contemporary tool of gendered legal colonialism, for sisters to disrupt across the Western and Eastern terrains. (shrink)

In the ground-breaking 2018 judgment of Navtej Singh Johar v. Union of India, the Hon'ble Supreme Court of India ushered in a new era by decriminalizing homosexuality, marking a pivotal moment in the country's legal history. However, this progressive stride was accompanied by persistent questions concerning homosexual rights that remained unexplored within both cultural and legal frameworks. Despite the legal acknowledgment, members of the homosexual community are often professed merely as 'individuals' and not fully integrated into mainstream society. This perception (...) is aggravated by the absence of a societal 'stamp of marriage,' reinforcing their marginalization. In the realm of Hindu law, the sanctity of marriage is deeply rooted in the scriptures, which explicitly define it as the union of 'two souls.' Remarkably, these very scriptures also assert that a soul is inherently without gender, elucidating that gender is a characteristic exclusive to the human body. It is crucial to recognize that Hindu law, including the relevant Acts, draws extensively from these scriptures, making them a fundamental source of legal principles. The legislation, such as the Hindu Marriage Act, essentially serves to codify and organize the pre-existing Hindu law without seeking to undermine the intrinsic values enshrined within the Holy Scriptures. This article aims to delve into the unaddressed aspects of homosexual rights within the contemporary legal framework, shedding light on the denied rights that persist. While global attitudes are progressing towards recognizing and safeguarding homosexual rights, the Indian government and cultural factors appear hesitant to renounce orthodox and conservative stances. This article seeks to analyse and critique these aspects, exploring the challenges hindering the full acceptance and integration of homosexual individuals into the broader societal fabric despite the transformative legal landscape initiated by the Navtej Singh Johar case. (shrink)

This introductory work proposes a fresh take on the ancient Indian concept dharma. By unfolding how, even in its developments as "law" and custom, dharma participates in nuanced and multifarious understandings of the term that play out in India's great spiritual traditions, the book offers insights into the innovative character of both Hindu and Buddhist usages of the concept. Alf Hiltebeitel, in an original approach to early Buddhist usages, explores how the Buddhist canon brought out different meanings of dharma. (...) This is followed by an exposition of the hypothesis that most, if not all, of the Hindu law books flowered after the third-century BC emperor Asoka, a Buddhist, made dharma the guiding principle of an entire realm and culture. A discussion built around the author's expertise on the Sanskrit epics shows how their narratives amplified the new Brahmanical norms and brought out the ethical dilemmas and spiritual teachings that arose from inquiry into dharma. A chapter on the tale of the Life of the Buddha considers the relation between dharma, moksa/nirvana, and bhakti. Here, Hiltebeitel ties together a thread that runs through the entire story, which is the Buddha's tendency to present dharma as a kind of civil discourse. In this sense, dharma challenges people to think critically or at least more creatively about their ethical principles and the foundations of their own spiritual values. A closing chapter on dharma in the twenty-first century explores its new cachet in an era of globalization, its diasporic implications, its openings into American popular culture, some implications for women, and the questions it is still raising for modern India. (shrink)

This introductory work proposes a fresh take on the ancient Indian concept dharma. By unfolding how, even in its developments as "law" and custom, dharma participates in nuanced and multifarious understandings of the term that play out in India’s great spiritual traditions, the book offers insights into the innovative character of both Hindu and Buddhist usages of the concept. Alf Hiltebeitel, in an original approach to early Buddhist usages, explores how the Buddhist canon brought out different meanings of dharma. (...) This is followed by an exposition of the hypothesis that most, if not all, of the Hindu law books flowered after the third-century BC emperor Asoka, a Buddhist, made dharma the guiding principle of an entire realm and culture. A discussion built around the author’s expertise on the Sanskrit epics shows how their narratives amplified the new Brahmanical norms and brought out the ethical dilemmas and spiritual teachings that arose from inquiry into dharma. A chapter on the tale of the Life of the Buddha considers the relation between dharma, moksa/nirvana, and bhakti. Here, Hiltebeitel ties together a thread that runs through the entire story, which is the Buddha’s tendency to present dharma as a kind of civil discourse. In this sense, dharma challenges people to think critically or at least more creatively about their ethical principles and the foundations of their own spiritual values. A closing chapter on dharma in the twenty-first century explores its new cachet in an era of globalization, its diasporic implications, its openings into American popular culture, some implications for women, and the questions it is still raising for modern India. (shrink)

This study makes a sizeable leap forward in our understanding of the philosophical and jurisprudential thought related to ownership and inheritance in medieval and early modern India. A seminal 1962 monograph by J.D.M. Derrett has long provided the best account of the intellectual history of Indic ideas of ownership and property. Both concepts in turn underpinned debates about inheritance that later became central to the British colonial administration of what came to be known as Hindu law in the nineteenth (...) century. Fleming's book clears away extraneous detours in Derrett's work to focus instead on three clear lineages of legal thought that each draw on distinct philosophical foundations. The result is a story with... (shrink)

The Sanskrit term dāya is generally understood as inheritance. This study examines an influential inheritance treatise from medieval Bengal, the Dāyabhāga, to explore how dāya conceptually overlaps with gifts, even though in inheritance, the deceased does not physically hand over the inheritance to the heir, a situation which appears remarkably distinct from gift-giving. Recent Euro-American research has explored the overlap between gift and inheritance considering primarily testate situations. However, attention has not been paid to this overlap by Indological scholarship, though (...) abundant work on Hindu inheritance exist. Apart from certain debates regarding etymology of dāya, there has not been much scholarly reflection on the conceptual understanding of dāya, perhaps due to the practical application of Hindu law during its times. This article, through a close textual study of the Dāyabhāga, attempts to fill in a small gap by demonstrating a conceptual overlap between inheritance and gifts, not just in testate, but in intestate situations as well. The study suggests that dāya is, in essence, gift-like, even though there are distinctions between gifts and inheritance. (shrink)

Indian theistic solution to the problem of evil – or universal injustice – is an off‐shoot of the logical theism of Nyāya and philosophical theologies of Vedānta thought. Their respective teleo‐cosmologies embed an ontology of divine creation, sustention and periodic dissolution of our world. An N‐factor is introduced governing the moral sphere, namely, the principle of karma. The presence of karma (admitting freely‐will choices) potentiates individuals’ actions, good and bad; this then mitigates the need to seek justification for God allowing (...) horrendous amounts of suffering to occur. God cannot be held morally responsible for the evil in the world, because he depends on the laws of karma toward maintaining just order. Hence, it is consistent within Hindu philosophy to hold both that there is evil qua karma in our world and there exists an omnipotent God. The role assumed by karma theory is a unique feature of Indian theodicy (theistic and nontheistic). (shrink)

Psychoanalytic jurisprudence attempts to understand the images used by law to attract and capture the subject. In keeping with the larger psychoanalytic tradition, such theories tend to overemphasise the paternal principle. The image of law is said to be the image of the paterfamilias—the biological father, the sovereign, or God. In contrast to such theories, I would like to introduce the image of the mother and analyse its impact on the subject’s relation to law. For this purpose, I examine the (...) history and use of the figure of Bharat Mata or Mother India and how it influences the Indian subject’s relation to law. When the subject is torn between his loyalties to the lawmaker–as–father and the nation–as–mother, who does he side with? Eschewing Greek myths and the Oedipus complex, I focus instead on Hindu mythology and the notion of an oedipal alliance to understand legal subjectivity in India. Lastly, I analyse a defining Indian political trial, the Gandhi murder trial, in which all these notions come to play and the accused justifies his decision to murder the father of the nation in the name of the motherland. (shrink)

Proceedings of the National Seminar on "Dharmaśāstra and Human Rights" held at University of Pune during 22-24 March 2010.

Preparation for the Study of Theories of Law: Non-Universality of Law, Irreconcilable Epistemologies, Ideological Incipience; Theories in Metaphysical-Rational Epistemology: Divine and Prophetic Theories; Natural Law: Early Hindu, Chinese, Greek, Roman, and Modern; Theories in Idealist Epistemology; Theories in Empiricist Epistemology; Positivist: Early Hindu, Chinese, Later Bentham, Austin, Kelsen, Hart; Historical Von Savigny, Maine, Marx and Engels; Sociological Jhering, Ehrlich, Duguit, Jurisprudence of Interests, Free Law; Psychological Petrazycki; American Realist; Philosophical Framework; Expressions; Scandinavian Realist; Phenomenological; The Critical Legal Studies (...) and its Offshoots: Critical Legal Studies, Feminist Jurisprudence, Critical Race Theory; Legal Polycentricity. (shrink)

An Asian Indian Hindu family chose no intervention and hospice care for their newborn with hypoplastic right heart syndrome as an ethical option, and the newborn expired after five days. Professional nursing integrates values-based practice and evidence-based care with cultural humility when providing culturally responsive family-centered culture care. Each person’s worldview is unique as influenced by culture, language, and religion, among other factors. The Nursing Team sought to understand this family’s collective Indian Hindu worldview and end-of-life beliefs, values, (...) and practices, in view of the unique aspects of the situation while the team integrated evidence-based strategies to provide family-centered culture care. Parental care choices conflicted with those of the Nursing Team, and some nurses experienced moral distress and cultural dissonance when negotiating their deeply held cultural and religious views to advocate for the family. The inability to reconcile and integrate a stressful or traumatic experience impacts nurses’ well-being and contributes to compassion fatigue. Nurses need to be intentional in accessing interventions that promote coping and healing and moral resilience. Reflection and cultural humility, assessment, and knowledge in context, increase evidence-based culture care and positive outcomes. U.S. society’s views on ethical behavior continue to evolve, and some may argue that the law should place more limits on parents’ right to choose or to refuse treatment for their infants and children. Moral distress can lead to moral resilience and satisfaction of compassion when nurses provide family-centered culture care with cultural responsiveness and integrate values-based practice with evidence-based care, and aim to first do no harm. (shrink)

A Brilliant Introduction To The Essence Of Living Hinduism The Thirteen Principal Upanisads, Sanskrit Texts In The Religious Traditions Of The Vedas, Lie At The Heart Of Hinduism. Devoted To Understanding The Inner Meaning Of The Religion, They Explicate Its Crucial Doctrines Rebirth, The Law Of Karma, The Means Of Conquering Death And Of Achieving Detachment, Equilibrium And Spiritual Bliss. They Emphasize The Perennial Search For True Knowledge Especially That Of The Connection Between The Self And The Transcendental Absolute. In (...) This Translation, Marked By Empathy And Erudition, Valerie Roebuck Approaches The Upanisads As Belonging To The Tradition Of 'Sruti', Literature Which Is Heard, As Distinct From 'Smriti', Which Is Remembered. Seeking To Reveal The Intent Of The Authors, She Attempts To Represent What, In Fact, Constitutes The Original Text. Care Is Taken To Exclude Later Accretions Of Commentaries. The Invocations Included Underline The Traditional Recitation Of These Texts, And The Literary Devices Repetitions, Dialogue And Word Combat, Riddles, Paradoxes And Word Play Used By The Sages To Express Their Teachings. This Accurate And Exceptional Rendering, While Making Accessible To The Modern Reader Something Of The Beauty And Variety Of The Original Language, Reaffirms The Place Of The Upanishads As One Of The Most Profound Works Of World Literature. This Authentic And Nuanced Rendering Makes Accessible To The Modern Reader Something Of The Beauty And Variety Of These Ancient And Rich Texts Of Hinduism. The Upanisads Belong To The Tradition Of Literature That Is Heard Rather Than Remembered , And In Her Translation Roebuck Seeks To Reveal The Intent Of The Authors And Arrive At 'The Original' Text. (shrink)

With unflinching gaze and uncompromising intensity Julius Evola analyzes the spiritual and cultural malaise at the heart of Western civilization and all that passes for progress in the modern world. As a gadfly, Evola spares no one and nothing in his survey of what we have lost and where we are headed. At turns prophetic and provocative, Revolt against the Modern World outlines a profound metaphysics of history and demonstrates how and why we have lost contact with the transcendent dimension (...) of being. The revolt advocated by Evola does not resemble the familiar protests of either liberals or conservatives. His criticisms are not limited to exposing the mindless nature of consumerism, the march of progress, the rise of technocracy, or the dominance of unalloyed individualism, although these and other subjects come under his scrutiny. Rather, he attempts to trace in space and time the remote causes and processes that have exercised corrosive influence on what he considers to be the higher values, ideals, beliefs, and codes of conduct--the world of Tradition--that are at the foundation of Western civilization and described in the myths and sacred literature of the Indo‑Europeans. Agreeing with the Hindu philosophers that history is the movement of huge cycles and that we are now in the Kali Yuga, the age of dissolution and decadence, Evola finds revolt to be the only logical response for those who oppose the materialism and ritualized meaninglessness of life in the twentieth century. Through a sweeping study of the structures, myths, beliefs, and spiritual traditions of the major Western civilizations, the author compares the characteristics of the modern world with those of traditional societies. The domains explored include politics, law, the rise and fall of empires, the history of the Church, the doctrine of the two natures, life and death, social institutions and the caste system, the limits of racial theories, capitalism and communism, relations between the sexes, and the meaning of warriorhood. At every turn Evola challenges the reader’s most cherished assumptions about fundamental aspects of modern life. A controversial scholar, philosopher, and social thinker, JULIUS EVOLA (1898-1974) has only recently become known to more than a handful of English‑speaking readers. An authority on the world’s esoteric traditions, Evola wrote extensively on ancient civilizations and the world of Tradition in both East and West. Other books by Evola published by Inner Traditions include Eros and the Mysteries of Love, The Yoga of Power, The Hermetic Tradition, and The Doctrine of Awakening. (shrink)