We live in a period of enormous contradictions, so well reflected in social life as well as in legal discourse. A pluralistic society as diverse as India in this age of globalization is a challenge to both the lawmakers and the courts, with new problems emerging in new avatars with alarming consistency. In the last six decades or so, Constitutional democracy has witnessed some of the unprecedented upheavals both in the social and political life of the nation as well as (...) in the arena of life. Laws have been enacted to deal with emerging problems. Courts have been innovative, and exemplary as regards their judicial courage and craft to uphold rule of law and democracy in a country of billion hopes and aspirations. The present book is an ensemble of contributions from young legal scholars from some of the major legal institutions of India. The topics discussed are contemporary and address some of the challenging and emerging problematic areas of law. (shrink)

The idea of natural law has a long history. It has had different meanings for different people and continues to occupy intellectual engagements as to the connotations of the expression ‘natural law’ in diverse and different contexts. This requires delving deep into the hoarypast and analyzing the gradual development of the idea of natural law through the ages. Understanding natural law necessitates exploring its relation with positive law, its application, and, notably, the import of the word ‘natural’ in the expression (...) ‘natural law’. Be that as it may, there is no denying the fact that there is an element of exclusivity in natural law that has kept it alive and going across generations. Even some of the jurists who adhered to the principles and tenets of legal positivism have shown an inclination towards the principles of natural law, especially as regards the relation between law and morality. It has survived the tests of time. The present paper seeks to explicate the various dimensions of natural law and explore its growth application. (shrink)

Domestic courts have attained prominent status in the international human rights system. While adjudicating individual claims and interpreting legal provisions, domestic courts have conveyed meanings that are integral to the working of the international human rights system. The dynamism of domestic courts is an undeniable quality, through which they incorporate diverse perspectives based on principles linked to individual sovereignty, justice, peace, etc. In this paper, the role of the Indian Supreme Court has been discussed in light of three landmark decisions (...) where the court applies international and domestic human rights standards to substantiate its interpretations. In light of the cases of Navtej Singh v. Union of India, Joseph Shine v. Union of India, and KS Puttaswamy v. Union of India, the paper examines the approach of the court under five broad headings: (a) the domestic context, (b) autonomy and determination, (c) constitutional parameters and validity of laws (d) vulnerability, and (e) other courts and other contexts. On the role of domestic courts in general, the paper outlines a list of the contributions that domestic courts are making in the field of human rights. (shrink)

Biography of Jiddu Krishnamurti, 1895-1986, Indian philosopher.

Contributed articles on Indic philosophy, Vedic grammer, and classical Sanskrit literature; includes some on the life of Kr̥ṣṇa Mādho Jha, Sanskrit scholar.

Suniti Kumar Pathak. Chapter II INDO-TIBETAN CULTURAL CONTACT Regarding the earliest reference of the Indo-Tibetan cultural contact the Tibetan chronicles mention the miraculous appearance of the Indian Buddhistic scriptures Za-ma ...

Treatise with auto-commentary on Dvaita philosophy.

The folklore studies scholar, such as Dorson (1976, Folklore and fakelore: Essays toward the discipline of folk studies, Harvard: Harvard University Press), was emphatic about the distinction between folklore and ‘fake lore’, one being authentic and the other as invented by the popular industry; however, he paradoxically maintained interest in the contemporariness of folklore. This was a paradox since the contemporariness of folklore is largely, and usually, due to intersections of folk with popular and political. Nevertheless, the emphasis on contemporariness (...) was a harbinger of discussion on the potential dynamics of folklore, and everything buried therein, including value orientation. This essay is guided by the observations emerging from folklore studies, socio-cultural anthropology and performance studies in order to get into a specific case of Bihu, a folk performance inclusive of songs, dance, attires and instruments inter alia in Assam, in the northeast of India. The curious case of Bihu in flux divulges dynamics of value orientation and intersections of identity politics, in the wake of the contemporariness of folklore. (shrink)

This book presents a unique collection of papers on various philosophical aspects of the unknown and unvoiced truth and reality of the cosmic world. It offers a systematic analysis of the three philosophical theories of Quietism, Agnosticism and Mysticism and introduces readers to the fundamentals of mystical knowledge claimed by philosophical schools of the east and the west. It discusses, debates and deliberates on philosophical issues concerning the acquisition of truth, its objectivity and its various dimensions along with the application (...) of thoughts pertaining to Quietism, Agnosticism, and metaphysical-mystic traditions in philosophy. It examines and precisely defines the scope and limits of knowledge, the respective way of life, its expressions and morality, mystical revelation, ineffability of the ultimate, value realism, and faith and reason - with a primary focus on the classical Indian schools of Hinduism, Buddhism, Jainism, Agnosticism, the Bāuls, Greek traditions, modern western meta-philosophy, and contemporary quietist debate in religion and theology. This insightful collection should be of great interest to independent researchers, students and teachers of philosophy, theology, Mysticism and Agnosticism, cultural studies and religious studies. (shrink)

Biographical fragments of a leading Indian sociologist.

Explanation of terms in Mīmāṃsā, an orthodox school in Hindu philosophy.

The large number of hungry people in a global economy based on industrialization, privatization, and free trade raises the question of the ethical dimensions of the worsening food crisis in the world in general and in developing countries in particular. Who bears the moral responsibility for the tragic situation in Africa and Asia where people are starving due to poverty? Who is morally responsible for their poverty - the hungry people themselves? the international community? any particular agency or institution? In (...) the context of Article 3 of the UN Declaration of Human Rights, which states that "Everyone has the right to life, liberty and security" (UNDHR, 1948), the ethical question of poverty and hunger becomes a major human concern that should be discussed publicly and resolved by whatever means available. But how can the poor and hungry realize their right to life and security if their very survival is at stake? This paper maintains that responsibility for global poverty at present lies in recent neo-liberal trends in the global economy and with those individuals and organizations who, though small in number, have acquired a disproportionate share of the world's assets and financial resources. That being the case, it is suggested that our monetary and financial policies are in need of drastic changes with regard to global responsibility towards the hungry and impoverished. (shrink)

Study of the views of Mohandas Karamchand Gandhi, 1869-1948, on the ethics and philosophy.

This article is a critical examination of MacIntyre’s notion of morality in reference to Kant’s deontological moral theory. The examination shows that MacIntyre (a) criticizes Kant’s moral theory to defend virtue ethics or neo-Aristotelian ethics with a weak notion of morality; (b) favors the idea of local morality, which does not leave any room for moral assessment and reciprocity in an intercultural domain; and (c) fails to provide good arguments for his moral historicism and against Kant’s moral universalism.

Neo-Nyaya treatise on verbal testimony, presenting semantic approaches to Sanskrit case and suffix; includes seven Sanskrit commentaries and exhaustive introduction in English.

The issue of worker alienation in the context of business ethics is critically examined. From a normative perspective, it is assumed that the minimal ethical requirement in business should include accountability for adverse consequences of management practice for workers in organizations. Using this standard, managerial actions that are responsible for worker alienation are considered unethical. The nature of work alienation and the organizational conditions responsible for it are outlined. Several dealienation measures in the form of empowerment strategies for management are (...) presented as ethical imperatives. (shrink)

This essay examines the ways in which postcoloniality and autoethnography can be integrated to create a space of scholarly inquiry that disrupts the colonialist enterprise prevalent in the academy. By utilizing González's four ethics of postcolonial ethnography, this essay presents an ethics for postcolonial autoethnography as a mode to build a body of scholarly research that disrupts scientific imperialism.

Research work on birth place of Śaṅkarācārya, Hindu philosopher.

Many different professionals play a key role in maintaining welfare in a welfare society. These professionals engage in moral judgements when using (new) technologies. In doing so, they achieve that radical responsibility towards the other that Levinas describes as being at the very core of ethics. Also, professionals try to assess the possible consequences of the involvement of specific technologies and adjust their actions in order to ensure ethical responsibility. Thus, ethics is necessary in order to obtain and sustain one's (...) professionalism. This presents care institutions with the challenge to design work processes and technology work in ways that include a sense of ‘the Other’ and make moral judgement an indispensable part of professional competence in technology. This article provides new understandings of the way ethics are involved in care institutions. Nurses’ moral judgements are sophisticated with regard to ethical perspectives. In hospitals, nurses combine Latour's notion of symmetry in human/technology relations with an ethics implying ethical priority to human beings over other beings. This combination of ethics is not only sophisticated; it is also paradoxical, as it puts together mutually contradictory ethics. Instead of causing moral confusion, this ethical paradox is employed to produce a particularly refined notion of care situations, allowing nurses’ care to include patients and technology alike. (shrink)

Work on Mimamsa philosophy; includes Āśutoṣiṇī commentary and Hindi translation.

John McDowell argues for minimal empiricism via using the notion of second nature of human beings. I should like to invite him to discuss Helmuth Plessner's Philosophical Anthropology in order to elaborate a more substantial conception of second nature. McDowell seems to think that it is adequate for his more epistemological aim to remind us of second nature as though it were to be taken for granted. But I think, following Plessner, that this right reminder needs a therapeutic elaboration in (...) Kant's sense of propaedeutics. What had been called our second nature found itself being questioned in order to limit the range of ways of treating the self we can authorize. (shrink)