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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

Playing the mystery card -- "But it fits!" -- Going nuclear -- Moving the semantic goalposts -- "But I just know!" -- Pseudo-profundity -- Piling up the anecdotes -- Pressing your buttons -- Conclusion -- The Tapescrew letters.

Life, the universe, and everything -- Thinking robots and mysterious minds -- The good, the bad, and the ugly -- Is seeing believing?

From Descartes to designer babies, The Philosophy Gym poses questions about some of history's most important philosophical issues, ranging in difficulty from pretty easy to very challenging. He brings new perspectives to age-old conundrums while also tackling modern-day dilemmas -- some for the first time. Begin your warm up by contemplating whether a pickled sheep can truly be considered art, or dive right in and tackle the existence of God. In this radically new way of looking at philosophy, Stephen Law (...) illustrates the problem with a story, then lets the argument battle it out in clear, easily digestible and intelligent prose. This perfect little mental health club is sure to give each reader's mind a great workout. (shrink)

"What is a military aircraft? John Law shows in his beautiful analysis that it is a constant oscillation between multiplicity and singularity.

This paper develops a challenge to theism. The challenge is to explain why the hypothesis that there exists an omnipotent, omniscient and all-good god should be considered significantly more reasonable than the hypothesis that there exists an omnipotent, omniscient and all-evil god. Theists typically dismiss the evil-god hypothesis out of hand because of the problem of good–there is surely too much good in the world for it to be the creation of such a being. But then why doesn't the problem (...) of evil provide equally good grounds for dismissing belief in a good god? I develop this evil-god challenge in detail, anticipate several replies, and correct errors made in earlier discussions of the problem of good. (shrink)

There is an old and powerful argument for the claim that divine foreknowledge is incompatible with the freedom to do otherwise. A recent response to this argument, sometimes called the “dependence response,” centers around the claim that God’s relevant past beliefs depend on the relevant agent’s current or future behavior in a certain way. This paper offers a new argument for the dependence response, one that revolves around different cases of time travel. Somewhat serendipitously, the argument also paves the way (...) for a new reply to a compelling objection to the dependence response, the challenge from prepunishment. But perhaps not so serendipitously, the argument also renders the dependence response incompatible with certain views of providence. (shrink)

Cyberspace, a term popularized in the 1984 novel Neuromancer, was used by William Gibson to describe the ‘consensual hallucination’ and interstitial online world that lies between the reality of our world and that of the surreal terrain of dreamscapes. While many attempts have been made to describe this intangible, yet seemingly perceptible space, the digital domain as a metaphor mirrors in many ways our own inadequate understanding of consciousness. Conversely, the physicist Michio Kaku explains that our reality is bounded by (...) hyperspace – a multi-dimensioned space beyond our quotidian 3D existence that runs parallel, or tangential, to us along with the phenomenon of time. Indeed, if space and time (here considered as space–time) are a consolidated whole in the physical sense, perhaps our consciousness, as a structure manifest within this continuum may itself be thought of as a sensorial projection of this amalgam that attempts to observe and make sense, or meaning, of this condition. In truth, what if our need and delight in storytelling is driven by the evolution of our biology, as well as our impulse to locate our place in the universe? This article will attempt to examine and delimit the narrative confines of space–time as an appeal to, and an endeavour at, uncovering the alterity of storytelling as a function of consciousness. It will visit the realms of the holograph, quantum mechanics, virtual and augmented realities, as well as other scientific and philosophical tracts as a means to investigate and explore the physiology of space and our imperative desire to share stories. (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)

Revisiting Dawkin’s proposal of memes – a piece of thought copied from person to person – raises the question: can narrative, and by extension narratology, be utilized to explore the ‘infecting’, or transferring agent of cultural ideas, identity and the creation of self? Intriguingly, and perhaps even more relevant to the role of emergent models and the shifting divide between engineered and organic constructions, what role does media play in the fabrication of self? This article proposes to examine various attempts (...) to define modes of being using the formative and delimiting lens of narrative. It will investigate the role of media as the carrier agent for memetic modes of being, and their application in creating and sustaining cultural individuation. Jung’s declarative of the collective unconscious and archetypes, as well as Hofstadter’s loops, a common, but neglected field of enquiry that interrogates how memetic transference begins with the stories we tell, will inform the exploration of narrative as a means to define, delineate and bound the self. (shrink)

Although much recent social science and humanities work has been a revolt against simplification, this volume explores the contrast between simplicity and complexity to reveal that this dichotomy, itself, is too simplistic. John Law and Annemarie Mol have gathered a distinguished panel of contributors to offer—particularly within the field of science studies—approaches to a theory of complexity, and at the same time a theoretical introduction to the topic. Indeed, they examine not only ways of relating to complexity but complexity _in (...) practice._ Individual essays study complexity from a variety of perspectives, addressing market behavior, medical interventions, aeronautical design, the governing of supranational states, ecology, roadbuilding, meteorology, the science of complexity itself, and the psychology of childhood trauma. Other topics include complex wholes in the sciences, moral complexity in seemingly amoral endeavors, and issues relating to the protection of African elephants. With a focus on such concepts as multiplicity, partial connections, and ebbs and flows, the collection includes narratives from Kenya, Great Britain, Papua New Guinea, the Netherlands, France, and the meetings of the European Commission, written by anthropologists, economists, philosophers, psychologists, sociologists, and scholars of science, technology, and society. _Contributors._ Andrew Barry, Steven D. Brown, Michel Callon, Chunglin Kwa, John Law, Nick Lee, Annemarie Mol, Marilyn Strathern, Laurent Thévenot, Charis Thompson. (shrink)

Assume that, even with a time machine, Tim does not have the ability to travel to the past and kill Grandfather. Why would that be? And what are the implications for traditional debates about freedom? We argue that there are at least two satisfactory explanations for why Tim cannot kill Grandfather. First, if an agent’s behavior at time _t_ is causally dependent on fact _F_, then the agent cannot perform an action (at _t_) that would require _F_ to have not (...) obtained. Second, if an agent’s behavior at time _t_ is causally dependent on fact _F_, then the agent cannot perform an action (at _t_) that would prevent _F_ from obtaining. These two explanations have distinct upshots for more traditional debates over freedom. The first implies that causal determinism is incompatible with the ability to do otherwise and also raises questions about the traditional arguments for the incompatibility of divine foreknowledge and the ability to do otherwise; the second does neither. However, both explanations imply that the Molinist account of divine providence renders agents unable to do otherwise, at least in certain circumstances. (shrink)