‘On the 26th of January 1950, we are going to enter into a life of contradictions. In politics we will have equality and in social and economic life we will have inequality’. B. R. Ambedkar’s famous last speech to the Constituent Assembly on 25 November 1949 still resonates within contemporary Indian constitutional law, and even more so his following interrogation: ‘how long shall we continue to live this life of contradictions?’ Prima facie societal, the contradiction is however also a (...) temporal one, Indian constitutional law being founded on both the British traditional idea of ‘continuum’ and the American inspired revolutionary principles of ‘pursuance’ of a novel legal and social order. Two recent Indian Supreme Court decisions pertaining to the de-criminalisation of same sex relations ( Navtej Singh Johar v. Union of India) and for the right of menstruating women to enter the Sabarimala Temple in Kerala ( Indian Young Lawyers Association v. Union of India) offer through their differing and sometimes dissenting opinions a glimpse at those temporal contradictions. Through an analysis of both decisions and in particular that of Chandrachud J. and Malhotra J.’s judgements, this article seeks to highlight two radically differing conceptions of temporality applied to constitutional issues, which can themselves be linked back to the transposition of the legal positivist discourse in India within the colonial era: on the one hand, an attempt to continue Common law’s empirical-based tradition and on the other hand, an (apparently) a-historical perception of Law drawn from neo-Roman civilian legal discourse and later normative positivism. If both branches of legal reasoning aim at protecting minorities’ rights, the value they inscribe to History within the realm of Law cannot be further apart. (shrink)

The Bavarian and the Indian constitutions were developed in almost the same period of time. Because of historic experiences the prospect of legal certainty was the determining factor for the representatives of the people in India and Bavaria. They elaborated functioning constitutions and integrated their fundamental ideological principles quite naturally. The Indian and the Bavarian constitution are characterized by their aspirations to balance social injustice, particularly by striking a balance between individual liberty and social need.The history of (...) political economy demonstrates a broad variety of interpretations regarding the meaning and function of value concepts. When we review all these value concepts we identify two poles of the value-concept that still lack compatibility with each other in economical and philosophical schools to this day. Value systems have to be applied situation-sensitive and are in need of a frequent critical reflection; they need to be refused or changed if necessary.Examining some examples of the Bavarian Constitution, we indicate some concordances with regard to contents of the Indian Constitutional Law. The equivalences in the Bavarian and the Indian Constitution incorporate entitlements which should protect citizens against an unjustified economical assault upon their existence. The social value conflicts that occur more and more because of the hiatus to the constitutionally warranted values, and that cannot be solved simply by law or political adjustment, are therefore up for discussion. We then examine the disparity between entitlements and reality and discuss the hierarchy of our values. (shrink)

This volume examines various aspects of the Indian Constitution from the perspective of political theory. The essays view the Constitution as a political or ethical document, thereby reflecting configurations of power and interests or articulating a moral vision.

India has produced several drafts of data policies. In this work, they are referred to [1] JBNSCR 2018, [2] DPDPR 2018, [3] NSAI 2018, [4] RAITF 2018, [5] PDPB 2019, [6] PRAI 2021, [7] JPCR 2021, [8] IDAUP 2022, [9] IDABNUP 2022. All of them consider Artificial Intelligence (AI) a social problem solver at the societal level, let alone an incentive for economic growth. However, these policy drafts warn of the social disruptions caused by algorithms and encourage the careful use (...) of computational technologies in various social contexts. Hence, the emerging data society and its implications in India's social contexts demand immense social science attention, which needs to be improved in the policy drafts, primarily because they are creations of industry stakeholders, technocrats, bureaucrats, and experts from tech schools. In the larger social milieu of digital infrastructure emerging, the fundamental question is whether India's national philosophy envisioned in the Indian constitution is reflected in the policy papers. The paper enquires whether the national data policy upholds the core values dispersed through the philosophy of the Indian constitution, which, among other things, is not confined only to inclusion, diversity, rights, liberty, justice and equality. By focusing on constitutional values, the paper seeks to offer a broader and more critical understanding of India's approach to AI policy by bringing together analyses of a wide array of policy documents available in the public realm. (shrink)

To follow the legacy of Dr. B.R. Ambedkar, a RUSA Sponsored One-Day Facutly Development Programme on “Dr. B.R. Ambedkar, Indian Constitution and Indian Society” organised by the Department of Philosophy and P.G. Department of Public Administation held on 20th January, 2016 was a creative and fruitful effort to bring together the scholars and academicians from several disciplines to participate in the deliberations related to the conceptual understanding and insights of the philosophy of Dr. B.R. Ambedkar.

Liberalism and pluralism are seen as being in tension in liberal Western nation-states, while multiculturalism, as a policy of resource allocation to minority groups, has been the standard response to pluralization. This limits the pluralist potential of a constitutional liberalism. The fusion of a liberal theory of autonomous individuality with a pluralist theory of multiple belonging has to look beyond multicultural policy in order to enhance liberal commitments to citizens through pluralist provisions. An analysis of the Indian Constitution's (...) Fundamental Rights, as a normative document, shows that the citizen can be understood as an autonomous individual given identity through belonging to a plurality of groups. Consequently, rights are taken to accrue to all citizens equally as autonomous individuals, but also by virtue of their belonging to groups, with special provisions made available for vulnerable ones. Rights for a plurality of vulnerable groups should not be seen as illiberal additions but integral to the conception of liberalism. If such a view of citizenship were to be integrated into the liberal constitutions of irreversibly pluralizing Western democracies, then a pluralistic constitutional patriotism could be fostered amongst members of vulnerable groups, while demonstrating that standard liberal rights guarantee equal citizenship for all. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Books ReceivedThe Ambitions of Curiosity: Understanding the World in Ancient Greece and China. By G.E.R. Lloyd. Cambridge: Cambridge University Press, 2002. Pp. xvi + 175. Price not given.The Art of the Han Essay: Wang Fu's Ch'ien-Fu Lun. By Anne Behnke Kinney. Tempe: Center for Asian Studies, Arizona State University, 1990. Pp. xi + 154. Paper $10.00.The Autobiography of Jamgön Kongtrul: A Gem of Many Colors. By Jamgön Kongtrul Lodrön (...) Thayé and translated by Richard Barron (Chökyi Nyima). Ithaca, New York: Snow Lion Publications, 2003. Pp. xxii + 549. Price not given.Awesome Nightfall: The Life, Times, and Poetry of Saigyō. By William R. LaFleur. Boston: Wisdom Publications, 2003. Pp. xiii + 173. Paper $14.95.Becoming the Compassion Buddha: Tantric Mahamudra for Everyday Life. By Lama Thubten Yeshe, edited by Robina Courtin, and foreword by Geshe Lhundub Sopa. Boston: Wisdom Publications, 2003. Pp. xi + 194. Paper $14.95.Between Two Worlds East and West: An Autobiography. By J. N. Mohanty. New Delhi: Oxford University Press, 2002. Pp. ix + 134. Hardcover RS 525.00.The Chinese Face of Jesus Christ. Edited by Roman Malek, S.V.D. Sankt Augustin, Germany: Institut Monumenta Serica and China-Zentrum; and Nettetal, Germany: Steyler Verlag, 2002. Pp. 391. EUR 40.00.Chinese Medicine in Contemporary China: Plurality and Synthesis. By Volker Scheid. Durham and London: Duke University Press, 2002. Pp. xiv + 407. Hardcover $69.95. Paper $23.95.Confucian Feminist: Memoirs of Zeng Baosun (1893-1978). Translated and adapted by Thomas L. Kennedy. Philadelphia: American Philosophical Society, 2002. Pp. xxi + 170. Price not given.Consciousness Studies: Cross-Cultural Perspectives. By K. Ramakrishna Rao. Jefferson (North Carolina) and London: McFarland and Company, 2002. Pp. 367. Hardcover $65.00.Constituting Communities: Theravāda Buddhism and the Religious Cultures of South and Southeast Asia. Edited by John Clifford Holt, Jacob N. Kinnard, and Jonathan S. Walters. Albany: State University of New York Press, 2003. Pp. viii + 224. Hardcover $65.50. Paper $21.95.Developments in Indian Philosophy from Eighteenth Century Onwards: Classical and Western. By Daya Krishna. Volume X Part 1 of History of Science, Philosophy and Culture in Indian Civilization, edited by D. P. Chattopadhyaya. New [End Page 110] Delhi: Centre for Studies in Civilizations, 2001. Pp. xxiii + 417. Hardcover RS 1200.East and West: Identità e dialogo interculturale. By Giangiorgio Pasqualotto. Venezia: Marsilo Editori, 2003. Pp. 210. EUR 16.00.Effortless Action: Wu-wei as Conceptual Metaphor and Spiritual Ideal in Early China. By Edward Slingerland. New York: Oxford University Press, 2003. Pp. xii + 352. Price not given.Encountering Kā lī: In the Margins, at the Center, in the West. Edited by Rachel Fell McDermott and Jeffrey J. Kripal. Berkeley and Los Angeles: University of California Press, 2003. Pp. xviii + 321. Hardcover $55.00, £37.95. Paper $21.95, £15.95.Encyclopedia of Chinese Philosophy. Edited by Antonio S. Cua. New York and London: Routledge, 2003. Pp. xx + 1020. Hardcover $150.00.Essays on Indian Philosophy. By J. N. Mohanty and edited by Purushottama Bilimoria. New Delhi: Oxford University Press, 2002. Pp. xxxvii + 347. Paper RS 525.00.Faith, Humor, and Paradox. By Ignacio L. Götz. Westport, Connecticut: Praeger Publishers, 2002. Pp. 136. Hardcover $61.95.Four Illusions: Candrakīrti's Advice for Travelers on the Bodhisattva Path. Translated by Karen C. Lang. New York: Oxford University Press, 2003. Pp. xv + 240. Price not given.The Great Awakening: A Buddhist Social Theory. By David R. Loy. Boston: Wisdom Publications, 2003. Pp. 223. Paper $16.95.The Hidden History of The Tibetan Book of the Dead. By Bryan J. Cuevas. New York: Oxford University Press, 2003. Pp. xi + 328. Price not given.Huang Di nei jing su wen: Nature, Knowledge, Imagery in an Ancient Chinese Medical Text. By Paul U. Unschuld. Berkeley and Los Angeles: University of California Press, 2003. Pp. xii + 520. Hardcover $75.00, £52.00.In Dewey's Wake: Unfinished Work of Pragmatic Reconstruction. Edited by William J. Gavin. Albany: State University of New York Press, 2003. Pp. vi + 249. Hardcover $71.50. Paper $23.95.Knowledge and Freedom in Indian Philosophy. By Tara Chatterjea. Lanham, Maryland: Lexington Books, 2002. Pp. xvi + 159. Hardcover... (shrink)

This book is an unconventional articulation of the political thinking in India in a refreshingly creative manner, in more than one way. Empirically, the book becomes innovative by providing an analytically more grasping contextual interpretation of Indian political thought evolved during the nationalist struggle against colonialism. Insightfully, it attempts to unearth the hitherto unexplored yet vital subaltern strands of political thinking in India as manifested through the mode of numerous significant socio-economic movements operating side by side, and sometimes as (...) part of the mainstream nationalist movement. This book articulates the main currents of the Indian political thought by locating the text and themes of the thinkers within the socio-economic and politico-cultural contexts in which such ideas were conceptualized and articulated. The book also tries to analytically grasp the influences of the various British constitutional devices that appeared as the responses of the colonial government to redress the genuine socio-economic grievances of the various sections of Indian society. The book breaks new ground in not only articulating the main currents of the Indian political thought in analytically more sound approach of context-driven discussion but also provokes new research in the field by chartering a new course in grasping and articulating the political thought in India. This volume will be useful to the students, researchers and faculty working in the field of political science, political sociology, political economy, and post-colonial contemporary Indian politics in particular. It will also be an invaluable and interesting reading for those interested in South Asian studies. (shrink)

INDIAN THOUGHT AND ITS DEVELOPMENT by ALBERT SCHWEITZER.Originally printed in 1936. PREFACE: I HAVE written this short account of Indian Thought and its Development in the hope that it may help people in Europe to become better ac quainted than they are at present with the ideas it stands for and the great personalities in whom these ideas are embodied. To gain an insight into Indian thought, and to analyse it and discuss our differences, must necessarily make (...) European thought clearer and richer. If we really want to understand the thought of India we must get clear about the problems it has to face and how it deals with them. What we have to do is to set forth and explain the process of develop ment it has passed through from the time of the Vedic hymns down to the present day. I am fully conscious of the difficulty of describing definite lines of development in a philosophy which possesses in so remarkable a degree the will and the ability not to perceive contrasts as such, and allows ideas of heterogeneous character to subsist side by side and even brings them into connection with each other. But I believe that we, the people of the West, shall only rightly comprehend what Indian thought really is and what is its significance for the thought of all mankind, if we succeed in gaining an insight into its processes. Like every European who studies Indian philo sophy, I am deeply indebted to the scholars who have published the texts and been responsible for the fundamental work of research. I am specially grateful to Professor Moriz Winternitz of Prague, not only for what I have learnt from his great work on Indian Literature, but also because he has allowed me a share in the wealth of his knowledge by giving me a fund of information in response to my questions. I have also found it a great advantage to have been able to discuss the problems of Indian thought with my friend Mr C. F. Andrews. I found Romain Hollands penetrating studies on Ramakrishna and Vivekananda very inspiring. And I have to thank my friend Mr A. B. Ashby for valuable help in connection with the English edition. Indian thought has greatly attracted me since in my youth I first became acquainted with it through reading the works of Arthur Schopenhauer. From the very beginning I was convinced that all thought is really concerned with the great problem of how man can attain to spiritual union with infinite Being. My attention was drawn to Indian thought because it is busied with this problem and because by its nature it is mysticism. What I liked about it also was that Indian ethics are concerned with the be haviour of man to all living beings and not merely with his attitude to his fellow-man and to human society. But the closer my acquaintance with the docu ments of Indian thought the more I was assailed by doubts as to whether the view made familiar to us Europeans by the works of Arthur Schopenhauer, Paul Deussen and others the view namely that Preface vii Indian thought is completely governed by the idea of world and life negation is right. I was compelled to admit the fact that world and life affirmation is present at the back of this thought from the very dawn of its history, and that the existence and inter fusion within it of world and life negation and world and life affirmation constitute its special character istic and determine its development. I am not merely describing the thought of India, but at the same time I am making a critical examina tion of it... (shrink)

The Oxford Handbook of Indian Philosophy tells the story of philosophy in India through a series of exceptional individual acts of philosophical virtuosity. It brings together forty leading international scholars to record the diverse figures, movements, and approaches that constitute philosophy in the geographical region of the Indian subcontinent, a region sometimes nowadays designated South Asia. The chapters provide a synopsis of the liveliest areas of contemporary research and set new agendas for nascent directions of exploration. Each of (...) the chapters provides compelling evidence that in the global exercise of human intellectual skills India, throughout its history, has been a hugely sophisticated and important presence, host to an astonishing range of exceptionally creative minds engaged in an extraordinary diversity of the most astute philosophical exploration conceivable. It spans philosophy of law, logic, politics, environment, and society, but is most strongly associated with wide-ranging discussions in the philosophy of mind and language, epistemology and metaphysics, ethics, meta-ethics, and aesthetics, and meta-philosophy. The reach of Indian ideas has been vast, both historically and geographically, and it has been and continues to be a major influence in world philosophy. In the breadth as well as the depth of its philosophical investigation, in the sheer bulk of surviving texts and in the diffusion of its ideas, the philosophical heritage of India easily stands comparison with that of China, Greece, the Latin West, or the Islamic world. (shrink)

Religion is a deriving force for social change in India since ancient times. Although we boast about ancient Indian ideals of social stratification, which made a long lasting discrimination within society, and most of the times we do not do any justice to social-political life of a billion peoples. The study of the relation between religion and politics showed that this relation always made a problematic situation for the indigenous people and always benefitted invaders. The idea of the interface (...) or mixing of religion and politics being problematic and potentially dangerous is a byproduct of the rise of secularism, often regarded as one of the hallmarks of modern society. The concept of social justice is an important concept for the social-political harmony in present times. Social justice denotes the equal treatment of all citizens without any social distinction based on caste, colour, race, religion, sex and so on. It means absence of privileges being extended to any particular section of the society, and improvement in the conditions of backward classes (SCs, STs, and OBCs) and women. Social justice is a public and collective good that involves an equitable sharing of the earth’s power, resources and opportunities to enable people individually and collectively to develop their talents to the fullest. Its realisation requires social relations embedded in trust, acceptance, mutuality, reciprocity and solidarity. Under Indian Constitution the use of social justice is accepted in wider sense, which includes social and economical justice both. Ancient social structure allows us to see the discrimination made to indigenous people with reference to their socio-political life. These evils not only effects Hindu social order rather it also haunts the social structure of newly established religions in Indian continent. The objective of this paper is to disuses the role of religions in imparting social justice to Indian socio-political structure of our society. First we will see the place of religion in society then sees its effect on socio-political order whether it is affirmative or negative which allow us to make any rational conclusion. (shrink)

This article is an attempt to understand “Bounds of Ethics in a Globalized World”, the hiatus between principles, norms and values and how they are codified on the one hand and the risks that follow when the actualisations of regulative principles fail in political reality on the other hand. Considering the political, economic and social reality, it is frequently diagnosed that reality is lagging far behind the potential of constitutionally guaranteed rights and duties. A variety of constitutionally guaranteed values suffers (...) from devaluation. Taking examples from Bavaria in Germany, questions concerning whether the Bavarian society is at the borders of ethical capacities, or whether the limits of possible ethical regulation have been reached are dealt with. Important parallels in the genesis of the Bavarian and the Indian constitution are highlighted in this context. Through an understanding of the ideas of Ludwig Erhard, a pragmatic approach and an innovative model is proposed for cultivating values in a sustainable way. The importance of values of virtues is discussed and an emphasis is put on the importance of practiced virtues. (shrink)

In Tibetan monasteries depictions of eight Indian Buddhist philosophers collectively referred to as the “six ornaments and two supreme ones” are often found. These “six ornaments” are Nāgārjuna, Āryadeva, Asaṅga, Vasubandhu, Dignāga, and Dharmakīrti. These paintings are usually grouped around a central representation of Buddha Śākyamuni. This iconographic set gives a straightforward way of dividing Indian Buddhist philosophical thought into four intellectual streams: Abhidharma, Madhyamaka, Yogācāra and what is often referred to as the epistemological‐logical school of Dignāga and (...) Dharmakīrti. Each of these four schools constitutes a philosophical system of considerable complexity dealing with questions in metaphysics, epistemology, the philosophy of logic and language, ethics, and so forth. (shrink)

Ancient allures the postmodern social subject trapped in the strangeness of time—the time after the end of history. For that time-beaten subject ancient is the unconscious of coherence, predictability, and certainty. Or perhaps that ancient is a glory fled. Whatsoever, ancient is generally sacralized—irrespective of the type of socialization that happened in the past—and journey to the ancient is often deemed to be a pilgrimage. When ideas of the ancient in their individuality and totality inter alia become the natural intellectual (...) resource for rebuilding postmodern societies, discriminative ingenuity becomes an essential faculty. Any uncritical reverence of the ancient becomes antithetical to modern social and political values, inviting the risk of reproducing inequities of the past. This article problematizes such uncritical dependence on the ancient using Ancient Indian Jurisprudence, which has been looked up on as a repository of moral and legal values, as a case in point. It meditates from the experiences and perspectives of an imaginary ‘teaching subject’ on the many pitfalls and possibilities of the ancient as it builds a framework of teaching and learning, and a representative scheme of evaluation for Ancient Indian Jurisprudence. (shrink)

The learned editor of this new four-volume collection from Routledge argues that its subject matter is ‘a vast—and vastly undersurveyed—body of inquiry into the most fundamental problems of philosophy. As the broader discipline of philosophy continues to evolve into a genuinely international field, "Indian Philosophy" stands for an unquantifiably precious part of the human intellectual biosphere. For those who are interested in the way in which culture influences structures of thought, for those who want to study alternative histories of (...) ideas, and for those who are merely curious to know what some of the world’s greatest thinkers have thought about some of the most intractable and central philosophical puzzles, Indian Philosophy is a domain of unparalleled richness and importance. And in its potential for cross-fertilization with ideas from other philosophical cultures—Greek, Chinese, European, African, Arabic, and Anglophone—Indian Philosophy is a resource that any creative philosopher can and should draw upon.’ The first of the four volumes collects the best scholarship on how Indians have understood the purpose and importance of philosophy; what philosophy as a discipline consists of; the relationship between the study of philosophy and the aims, arts, and ways of life; and, indeed, whether philosophical inquiry is possible. Volume II, meanwhile, surveys the great diversity of Indian thinking about the mind, with particular emphasis on the vibrant and dynamic work done by a new generation of scholars working at the interface between Buddhist Studies, Cognitive Science, Philosophy of Mind, and Phenomenology. Volume III focuses on the thought of the most important individual thinkers in the Indian tradition, including: Nāgārjuna, Śankara, Dignāga, Dharmakīrti, Patañjali, Kumārila, and Śrīharṣa. The final volume in the collection collates canonical and cutting-edge pieces on Indian theories of being and what there is; realism and antirealism; the nature of truth and representation; and language and logic. The materials gathered here will enable users to get a grip on the remarkable range of Indian thinking about the structure of the world and its fundamental constitution, as well providing insight into fundamental Indian theories about how we reason and how we talk. With a comprehensive introduction, newly written by the editor, this ambitious collection of major works simultaneously presents Indian philosophy as an autonomous intellectual tradition, with its own internal dynamic and approach, while also demonstrating how the richness of this tradition can have a crucial role in a newly emerging global and international discipline of philosophy, a discipline described by the collection’s editor as one ‘in which no one philosophical tradition claims priority for itself, but rather in which a diversity of traditions exchange ideas and grow through their interaction with one another’. (shrink)

What is the relevance of the Indian case for South Africa? And what should South Africans, and the rest of the world, make of the claim in Madhav Khosla’s India’s Founding Moment that we should recognize India as ‘the’ paradigm case for modern constitutional democracy? The constitutional projects of India and South Africa are naturally connected, but Khosla’s book helps to bring out what is perhaps the most important of the connections. Both are founded on an insistently democratic constitutionalism, (...) in places where most inhabitants had long been told they were not suited or ready for democracy. Both display the conviction that boldly giving the vote to all, in these circumstances, is a powerful way to construct a democracy. This idea is crucial for understanding many aspects of both constitutions. This makes India a natural paradigm case for South Africa and many others. The stronger claim, that it is ‘the’ paradigm case and should succeed the United States to this status, can become more complicated once one tests it out globally. Finland and Ireland are especially strong and earlier examples of what Khosla sees as ground-breaking in India. Latin America’s somewhat different post-colonial trajectory makes India a more imperfect paradigm there. But that said, treating India and its founding as paradigmatic may well be the single best step to take for a more balanced view of the constitutional world, and this book’s elegant erudition makes it a real scholarly pleasure to do so. (shrink)

Durban, a coastal city in KwaZulu-Natal (one of the nine provinces in South Africa) boasts the Durban Harbour. One hundred and sixty-two years ago, this harbour was referred to as the Port of Natal. Between the year’s of 1860 and 1911, 152 184 indentured Indian labourers entered the British owned Colony of Natal through this port. Even though indentureship was officially abolished in Natal on 21 July 1911, the hardships and challenges endured by Indian nationals in Natal continued. (...) This article shines a spotlight on the period 1895–1960 through the theoretical prism of indentureship by focusing on the reflective memories of the respondent, Mr J.S. Singh, a nonagenarian. Using oral history methodology, face-to-face interviews were held with the respondent. His reflective memories brought alive the reality of life experiences in Natal between 1895 and 1960. He shared the journey of his Indian born paternal grandmother, Mrs Takurine Mahesh Singh who constitutes the cohort that left their country of birth as Indian nationals but subsequently created the Indian diaspora in Natal, where their descendants now call South Africa their home. Contribution: The content of this article is not simply described but also briefly reflected upon and explored as certain issues may be of interest to new, emerging and established oral historians. Furthermore, audio and video recordings of the interviews, which clearly illustrate oral history as the methodology as applied in this research, are available for academic, education and research purposes. (shrink)

Buddhist thought flourished in India for well over a thousand years after the life of the Buddha around the fifth century BCE. During this time there were many diverse developments, but for the purpose of the overview in this chapter, two central traditions will be featured. The first centers on the original teaching of the Buddha as represented in a set of texts written in Pāli called the “Three Baskets”. The second tradition is rooted in a set of texts written (...) in Sanskrit called the “Perfection of Wisdom Sūtras” that began to emerge a few centuries later, around the beginning of the new millennium. These texts constitute the historical heart of Mahāyāna Buddhism. This chapter demonstrates that in both traditions Buddhist thought in India was fundamentally concerned with ethical values. (shrink)

'ā no bhadrāḥ kratavo yantu viśvato ' Let good thoughts come from all around; inspired by this timeless epic of Rigveda. India has presented an excellent model of Multiculturalism to the world. The multiculturalist model of the West, as established by contemporary thinkers like Wilkymalika, is based on the separate political existence of different cultural classes. been made for thousands of years. India has maintained Multiculturalism not only at the socio-cultural level but also at the political level. Through federal structure, (...) universal suffrage, constitutionally guaranteed civil rights, with other constitutional institutions and provisions, multiculturalism is being addressed at the political level for a population of 13 million people .Thus in India , multiculturalism is not only is not only a political tool for diversity but also a socio-political concept. Therefore, Indian multiculturalism presents a comprehensive, effective, and more sustainable model which have to be discussed. (shrink)

As the broader discipline of philosophy continues to evolve into a genuinely international field, "Indian Philosophy" stands for an unquantifiably precious part of the human intellectual biosphere. With a comprehensive introduction, newly written by the editor, this ambitious collection of major works simultaneously presents Indian philosophy as an autonomous intellectual tradition, with its own internal dynamic and approach, while also demonstrating how the richness of this tradition can have a crucial role in a newly emerging global and international (...) discipline of philosophy. The materials gathered here will enable users to understand the remarkable range of Indian thinking about the structure of the world and its fundamental constitution, as well providing insight into fundamental Indian philosophical theories. (shrink)

Featuring leading scholars from philosophy and religious studies, The Bloomsbury Research Handbook of Indian Ethics dispels the myth that Indian thinkers and philosophers were uninterested in ethics. -/- This comprehensive research handbook traces Indian moral philosophy through classical, scholastic Indian philosophy, pan-Indian literature including the Epics, Ayurvedic medical ethics, as well as recent, traditionalist and Neo-Hindu contributions. Contrary to the usual myths about India (that Indians were too busy being religious to care about ethics), moral (...) theory constitutes the paradigmatic differentia of formal Indian philosophy, and is reflected richly in popular literature. Many of the papers make this clear by an analytic explication that draws critical comparisons and contrasts between classical Indian moral philosophy and contemporary contributions to ethics. -/- By critically addressing ethics as a sub-discipline of philosophy and acknowledging the mistaken marginalization of Indian moral philosophy, this handbook reveals how Indian contributions can illuminate contemporary philosophical research on ethics. -/- Unlike previous approaches to Indian ethics, this volume is organized in accordance with major topics in moral philosophy. The volume contains an extended introduction, exploring topics in moral semantics, the philosophy of thought, (metaethical and normative) ethical theory, and the politics of scholarship, which serve to show how the diversity of Indian moral philosophy is a contribution to the discipline of ethics. With an overview of Indian moral theory, and a glossary, this is a valuable guide to understanding the past, present and future research directions of a central component of Indian philosophy. (shrink)

This paper is organized around the theme of political representation in India. Its first section deals with the changing politics of representation in India in the past two decades, the growing demands for proportional representation, and for political inclusion of two influential groups: the scheduled castes and tribes and Other Backward Classes. In the second section, representation is briefly explored in relation to women and minorities. The third section deals with some reflections on the challenges of political representation in India’s (...) diverse democracy. The author aims to account for the varied trajectories of caste, community and gender in Indian politics through an analysis of the politics of representation. The main argument developed here is that the politics of presence does not offer a resolution to the problems of under-representation nor to the more fundamental issue of the representation of the interests of constituents, especially the needs of the most vulnerable. (shrink)

In the Indian tradition, the identification of pure consciousness as an independent monistic principle identical with Being can be traced, as is well known, to the earliest Upaniṣadic speculations. The general picture to emerge from these reflections on the nature of subjective experience and external reality, although far from systematic, described consciousness as the ultimate subject of all mental states, itself ever precluded from becoming an object; as a universal type, it transcends the psychophysical complex constituting the empirical individual (...) and the three associated levels of waking, dream, and deep-sleep consciousness common to all. Ubiquitous, pure consciousness is the foundation for the knowledge .. (shrink)

Musical knowledge is largely implicit. It is acquired without awareness of its complex rules, through interaction with a large number of samples during musical enculturation. Whereas several studies explored implicit learning of mostly abstract and less ecologically valid features of Western music, very little work has been done with respect to ecologically valid stimuli as well as non-Western music. The present study investigated implicit learning of modal melodic features in North Indian classical music in a realistic and ecologically valid (...) way. It employed a cross-grammar design, using melodic materials from two modes that use the same scale. Findings indicated that Western participants unfamiliar with Indian music incidentally learned to identify distinctive features of each mode. Confidence ratings suggest that participants' performance was consistently correlated with confidence, indicating that they became aware of whether they were right in their responses; that is, they possessed explicit judgment knowledge. Altogether our findings show incidental learning in a realistic ecologically valid context during only a very short exposure, they provide evidence that incidental learning constitutes a powerful mechanism that plays a fundamental role in musical acquisition. (shrink)

The Caraka Saṃhitā (ca. first century BCE–third century CE), the first classical Indian medical compendium, covers a wide variety of pharmacological and therapeutic treatment, while also sketching out a philosophical anthropology of the human subject who is the patient of the physicians for whom this text was composed. In this article, I outline some of the relevant aspects of this anthropology – in particular, its understanding of ‘mind’ and other elements that constitute the subject – before exploring two ways (...) in which it approaches ‘psychiatric’ disorder: one as ‘mental illness’ ( mānasa-roga), the other as ‘madness’ ( unmāda). I focus on two aspects of this approach. One concerns the moral relationship between the virtuous and the well life, or the moral and the medical dimensions of a patient’s subjectivity. The other is about the phenomenological relationship between the patient and the ecology within which the patient’s disturbance occurs. The aetiology of and responses to such disturbances helps us think more carefully about the very contours of subjectivity, about who we are and how we should understand ourselves. I locate this interpretation within a larger programme on the interpretation of the whole human being, which I have elsewhere called ‘ecological phenomenology’. (shrink)

India now constitutes approximately 17% of the world’s population and has a high proportion of younger people. Philosophy for school children aims to create better citizens of the future. In this article, I establish the need to teach philosophy to children in schools, especially in India. Subsequently, I discuss the readiness of Indians to accept philosophy in the school curriculum, their conundrum in understanding the need for philosophy in a school setting, and the East-West dilemma concerning the teaching of philosophy (...) in schools. The concept of self-realization is important in education. Socrates claimed that an unexamined life is not worth living. However, the self-realization concept of the West differs from that in India. While the former perceives self-realization as a way to construct a good individual, the latter has always emphasized the cessation of the individual and focused on the incomprehensible truth human languages cannot capture. Western philosophy is concerned with questioning, inquiry, and the problems of philosophy. The East is concerned with bringing such questioning to an end. Matthew Lipman focuses on increasing curiosity, accelerating the thinking process, teaching logic and formal reasoning, and the intellectual enhancement of children. Indian philosophy, yoga, and meditation are all concerned with the cessation of consciousness. The key question concerns the approach one may choose to adopt in teaching philosophy – accelerating or decelerating the thought processes of children? Indian parents are the primary decision-makers in their children’s education, and sometimes throughout their careers and lives. Unless clarity emerges in the Indian and global community regarding this issue, there is no clear starting point for teaching philosophy to children in India. This article aims to raise critical awareness among global citizens regarding this conundrum in the collective Indian psyche. Unless the world’s psyche is inserted into the place of the Indian psyche, the great barrier between the West and the East regarding philosophy in the school curriculum cannot be bridged. (shrink)

The research is a comparative study of the atomic theories of Kanada and Democritus. Because of their pluralistic tendencies, emphasis on causality, their materialistic account of sense knowledge, and their attempt to explain the physical system by means of reduction to the configuration of its constitutive elements, both philosophers present an epistemological base that could accommodate scientific inquiry. Notwithstanding the early and expansive beginning of Indian atomism, modern scientific atomic theory traces its origin to Democritus. Through cross-cultural critical engagement (...) of parallel ideas between Kanada and Democritus, the paper aims to discover the common problems that they dealt with in order to further our understanding of the early history of atomic theory, to evaluate the relative merits and limitations of their proposed solutions, to resolve some difficulties that each account faces by appealing to the other, and to highlight their contributions to the emergence of atomic worldview. (shrink)

The complementary systems of Nyaya and Vaisesika constitute one of the oldest and most important traditions within Indian philosophy. This volume offers a systematic and detailed exposition of the two schools from their beginning to the time of Gangesa. An extensive interpretive essay introduces summaries of most of the known works written within the tradition. The result is both an excellent introduction for students and an indispensable guide to the thought and literature of early Nyaya-Vaisesika. Originally published in 1978. (...) The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905. (shrink)

Max Weber has shown that the informing spirit of Western capitalism originated from the Christian Reformation. The capitalist spirit can be regarded as a stand-in of Western modernity as a whole. Western modernity was initially the outcome of the theology of Calvinism. Calvinist modernity inspired political revolutions that since the seventeenth century irreversibly transformed Western feudal societies into bourgeois democratic nation-states. Something comparable happened in India in the nineteenth century with the rediscovery of Vedanta. Rediscovery, reinterpretation and public dissemination of (...) Vedanta constituted the Indian version of a Reformation. In the beginning of the twentieth century this Vedantic Reformation inspired the revolutionary political movement, which sought to free India from foreign domination. Vedanta was regarded as informing the spirit of Indian modernity because Vedanta emphasizes individual emancipation. This same emancipation was to imply collective emancipation from the bonds of colonialism and tyranny. These values of Vedantic modernity remain an important source of inspiration for the socio-political emancipation of the whole of the Indian population. (shrink)

Tropical cyclones posed unique challenges to the mobility and durability of British colonial capital in the late nineteenth- and early twentieth-century Indian Ocean world. Although a veritable community of scientists studying these storms in the Bay of Bengal and the Mascarene Islands developed in the second half of the nineteenth century, knowledge about cyclone generation, movement, and internal makeup remained opaque. This article analyzes one response to these limitations: the growth of “agrometeorology” on the African island of Mauritius. Agrometeorology, (...) a field of study that integrated knowledge produced on cyclones with that in sugar cultivation, the industry at the heart of the island’s economy, studied how cyclonic winds and rains constituted part of a broader ecology of sugar cultivation, rather than focusing exclusively on developing models of prediction. (shrink)

This paper explores the history of two central categories of ancient Indian moral philosophy: trivarga and puruṣārtha. After an exhaustive analysis of the textual evidence from the earliest times until the middle of the first millennium CE, the paper concludes that the classificatory term trivarga requires an implicit referent and that its reference is artha in the sense of things that are beneficial. The term puruṣārtha, furthermore, is an elaboration of artha as the referent of trivarga: something that is (...) beneficial to a human being. The term artha in the compound puruṣārtha does not mean aim or goal, even though that meaning may occasionally seep into it in actual usage especially in later texts. Within this compound artha has the same meaning it has in Mīmāṃsā and Kauṭilya: something that is beneficial, as opposed to anartha: something that is detrimental. The expression puruṣārtha is rare with reference to the trivarga in the early literature until at least the middle of the first millennium CE. Its absence in the comprehensive lexicon, the Amarakośa, which records the trivarga and caturvarga, shows its marginal status in the Sanskrit vocabulary relating to trivarga. For the authors of the ancient Indian texts, the three concepts—dharma,artha,kāma—comprehended by trivarga do not constitute goals or aims of human life, as they are so often depicted in modern scholarship. They represent three major domains of human activities and pursuits that are beneficial to persons who perform them. (shrink)

This bibliography signals a monumental event in philosophical research and for the future of comparative philosophy, East and West. It is in effect the first volume of the proposed multi-volumed Encyclopedia of Indian Philosophies which has been inaugurated with this research tool. The outline of the bibliography will constitute the table of contents for the subsequent volumes of the forthcoming encyclopedia, now being written by an international team of scholars. The entire enterprise is sponsored by the American Institute of (...) Indian Studies and is under their general supervision. The bibliography, which has taken five years to complete and consists of 9222 entries, will be revised periodically as more material is compiled from the Indian languages and as contemporary work continues. Since Indian thought systems do not clearly differentiate between religious and philosophical expression, the compiler limited his selections to the Indian darsanas and vyakaranas. Indian literature is included if it is philosophical throughout, theoretical in function, and expository in content. This excludes the more didactic literature such as religious scriptures and classics. Three general sections divide the work: Sanskrit texts with authors known; Sanskrit texts with authors unknown; secondary literature arranged according to the various philosophical schools. General sections on Jainism, the traditions of Buddhism, and Hinduism offer philosophical sources for the major Indian religions. The listings are chronological within a particular subject. This not only facilitates additions to the bibliography but also gives a focus to scholarly discussion on a particular point. The work ends with three indices: Index of Names of Persons; Index of Titles ; Index of Books and Articles. The final index should prove the most useful to the researcher and general scholar. The publishing of the bibliography, done in India and according to Indian standards, is inferior in binding and paper stock. The price, Rs.80., has been listed in American bookstores at various prices from $18.00 to $24.00 for those who do not wish to order directly from the Indian publisher. The American Institute of Indian Studies should be commended for directing this work and every effort should be made for the completion of the entire encyclopedia. In terms of Asian studies it is the most significant publishing venture since the appearance of Max Mueller’s Sacred Books of the East over a century ago. Mueller opened the world of Asian religions to Western investigation while this bibliography should expose the breadth of Indian philosophy both in its intrinsic value and its effect upon world philosophy.—W. C. C. (shrink)

Michel Henry is regarded as one of the most important French philosophers of the second half of the 20th century. Yet, he is still not widely cited as Edmund Husserl, Martin Heidegger, Jacques Derrida and Jean Paul Sartre are. His thought constitutes a philosophy of life, distancing itself not only from the phenomenology of the 20th century, but also from the science and technology inaugurated by Galileo Galilei and Rene Descartes. Furthermore, Leopold Sedar Senghor is an African philosopher whose philosophy (...) has often been misunderstood in both African as well as in most Western philosophical scholarly circles. Critiquing representation in Western thought only makes sense if it is made clear that it is entirely conceivable that this critique squanders its meaning elsewhere, in the East. It is inherent in it. However, very few academics have felt that this should be done. It is essential to make connections, because what Henry discovers puts him in an immediate proximity of the radical approach of Vedanta and the approach of Senghor’s Negritude theory of emotion. The objective of this article is to find significant points of convergence between absolute subjectivity, the idea of affectivity, and Negritude and Vedanta in Henry’s speculative thought. The reading of Henry, Indian philosophy (Vedanta) and Negritude (Senghor) allows for establishing a bridge between Indian philosophy (Vedanta) and phenomenology, most notably a bridge between Negritude and the phenomenology of life. (shrink)

Discusses the journey of Buddhist ideas on awareness and personhood from India to China. Encounters of Mind explores a crucial step in the philosophical journey of Buddhism from India to China, and what influence this step, once taken, had on Chinese thought in a broader scope. The relationship of concepts of mind, or awareness, to the constitution of personhood in Chinese traditions of reflection was to change profoundly after the Cognition School of Buddhism made its way to China during (...) the sixth century. India’s Buddhist philosophers had formulated the idea that, in order for human beings to achieve perfect enlightenment, they had to produce a state of awareness through practice that they described as “luminous.” However, once introduced to the Chinese tradition, the concept of the “luminous mind” was to become a condition already found within human nature for the possibility of achieving human ideals. This notion of the luminous mind was to have far-reaching significance both for Chinese Buddhism and for medieval Confucianism. Douglas L. Berger follows the transforming path of conceptions of the luminosity of consciousness and the perfectibility of personhood in order to bring into clearer relief the history of Indian and Chinese philosophical dialogue, as well as in the hope that such dialogue will be reignited. (shrink)

Mourning, especially melancholic mourning, has recently emerged as a significant site of expressing and addressing loss in feminism. While feminism’s hard-won successes in achieving institutional power globally have brought exuberance over achievement, they have also come with an acute sense of despondency and loss; one that is not easily mourned or relinquished. The institutionalization of feminism in governmental, non-governmental and academic sites has precipitated this sense of loss in India, wherein the discussion of this article is located. In exploring the (...) politics of loss in contemporary feminist discourse in India, feminist melancholia is seen to condition a fetishized attachment to the past, and to past modes of knowledge, action and consciousness in ways that demand the generational reproduction of feminism rather than its renewal in times of perceived crisis. Present-day anxieties over the ‘co-option’ and resultant depoliticization of the Indian women’s movement constitute a narrative of loss in which a politically more ‘authentic’ past functions as a normative standard for feminist politics in the present, and as a prescriptive model of feminism’s future. Advancements in Women’s Studies and activist (now ‘NGOized’) practice that are seen to be deviating from the redemption of such an idealized past are thus deemed apolitical. In interrogating contemporary anxieties about feminism’s present and impending future (that resonate beyond the bounds of India), the article demonstrates how melancholic loss can inform a potentially conservative politics that seeks to contain feminism in a once loved but now lost ‘home’. (shrink)

According to the Hindu tradition, the origin of the various philosophical ideas that were developed in the philosophical systems lies in the Vedas, a body of texts that seem to have been composed around two thousand years Before the Common Era (BCE). While the Vedas contain a myriad of different themes, ranging from hymns for deities and rules of fire sacrifices to music and magic, there is no doubt that one finds in them an exemplary spirit of inquiry into “the (...) one being” (ekam sat) that underlies the diversity of empirical phenomena, and into the origin of all things. (“Was there being or non‐being at the beginning?”) One finds also predelineations of such concepts of ṛta (truth or moral order), karma and the afterlife, and the three qualities (or guṇas: sattva, rajas, and tamas) constituting nature (prakṛti). It is in the Upaniṣads (a group of texts composed after the Vedas and ranging from 1000 bce to the time of Gautama, the Buddha), that the thinking, while still retaining its poetic flavor, develops a more strictly philosophical character. While still concerned with many different themes belonging to cosmology (“How did the one being become many?”) and psychology (“What does the empirical person consist of?”), the Upaniṣads contain attempts to reinterpret, in symbolic terms, the elaborate Vedic sacrifices, and to defend, in many different ways, one central philosophical thesis – that is, the identity of Brahman (the highest and the greatest, the source of all things) and ātman (the self within each person). With this last identification, a giant step was taken by the authors of the Upaniṣads, a step that was decisive for the development of Indian philosophy. The Vedas had already decided, famously in the Nāsadiya Sukata, that at the beginning of things there must have been being and not non‐being (for something cannot come out of nothing); now this primeval being was said to be the same as the spirit within. The highest wisdom was intuitively realizing this identity of subject and object (tat tvarn asi). How to know it was the issue. Suggestions ranged from contemplative meditation to austere self‐mortification. The idea of yoga and a picture of the yogin make their appearance – possibly having a different origin – and blend with the central thesis of the Upaniṣads. If the reality underlying outer appearance is the universal spirit within, is then the world merely phenomenal appearance (like the magician's creation, māyā), or is the brahman‐ātman to be construed as the indwelling spirit of all things? These become the leading disputational questions amongst the commentators on the Upaniṣads, and amongst the various schools of the Vedānta philosophy. (shrink)

The two volumes together may be described as search for the original ideational foundations of Indian Culture. In one way this work recalls the tradition of Coomaraswamy but seeks to join it to the mainstream of critical history. It argues that the living continuity of Indian Culture is rooted in a unique spiritual vision and social experience. Indian Culture is neither the result of merely accidental happenings through the centuries, nor a mere palimpsest of migrations and invasions. (...) It is, in its essence, a development of foundational ideas constituting a creative matrix. Behind its changing historical forms lies a deep and persistent source of creativity which is spiritual in character. The Present volume I deals with the spiritual vision and symbolic forms. Here is has been upheld that the spiritual vision of India had two original aspects, the integral or synoptic vision of the Vedas, and the Sramanic vision of Transcendence. Purnata and Sunyata constituted the two poles round which Indian spirituality revolved. The author not only elucidates this bipolar matrix of Indian spirituality revolved. The author not only elucidates this bipolar matrix of Indian spiritual praxis or sadhana, but also traces its intricate ancient history. He goes on to trace the great symbolic forms-language, myth, science, literature and art-in which this basic vision expressed itself. In all these areas he brings out the basic general principles expressive of inner consciousness rather than present a mere selection of well-known details. (shrink)

_ Source: _Volume 11, Issue 2, pp 117 - 148 The paper examines the problem of self-knowledge from the perspectives of Plotinus and the Indian Advaita school. Analyzing the subject-object relation, I show that according to both Plotinus and Advaita thinkers, full self-knowledge demands complete absence of otherness. Plotinus argues that if self-consciousness is divided into subject-object relation then one will know oneself as contemplated but not as contemplating and no real self-knowledge obtains in this case. Śaṅkara, who constitutes (...) an important representative of Advaita thought, points out that the self cannot know itself as an object because what is called an object to be known becomes established when it is separated from the self, the subject. I argue that at the level of the One, similar to the state of _ātman_ consciousness in Advaita framework, the soul experiences itself in expansive non-dual consciousness. Lastly, I examine the role of non-duality as the foundation of knowledge. (shrink)

The topic of this dissertation is one that has been in the forefront of contemporary metaphysics in the Anglo-American philosophical tradition, namely, the problem of personal identity through time. Although we generally believe that we remain the same persons throughout our lives, the answers to questions concerning just what it is that remains the same about us prove to be elusive. Contemporary debate on the subject has its roots in the challenges posed by Locke and Hume to theories which assert (...) that persisting and substantial selves, or souls, constitute the ground for personal identity, and their efforts to suggest alternative theories based on such concepts as memory and causality. It is remarkable that a similar debate, aroused by the "non-self" doctrine of the Buddha, occupied a central position in Indian philosophical discourse during the last centuries B.C.E. and the first millennium C.E. While much historical and philological research has been devoted to Buddhist approaches to this problem, the task of interpreting these materials in the light of recent refinements of philosophical method has not yet been undertaken. It is this task to which the present thesis is devoted, drawing on the works of such Buddhist philosophers as Vasubandhu and Santaraksita, and their Brahmanical opponents such as Uddyotakara, as well as recent contributions to the debate on personal identity by Chisholm, Parfit and others. The dissertation is divided into three main sections: Part One, in six chapters, traces out the history of the problem of personal identity in Indian philosophy, and is especially concerned with the role played by refinements of Indian philosophical method in the developments discussed; Part Two presents a selection of the most important Buddhist and Brahmanical contributions to the problem, newly translated from the Sanskrit for the present dissertation; and Part Three includes three supplementary essays on personal identity in the work of Derek Parfit and Steven Colline, Buddhist idealism, and Buddhist hermeneutics. (shrink)

While the coffee house as a space of political deliberation has been a common feature across the globe, there are few historical cases in which one can analyze the role of such face-to-face political deliberation under totalitarian moments in heretofore democratic states. Of the analogous cases of democratic reversal, India is one of the most important and under-researched. In 1975, then Prime Minister Indira Gandhi was convicted of corrupt election practices. Rather than concede to the high court ruling, she suspended (...) the constitution and installed herself as India’s sole political authority. The Indian Coffee House in New Delhi became the key site of resistance to the Emergency. The totalitarian moment pushed contentious politics into the Coffee House, initially galvanizing it: even the older members of Indira Gandhi's Congress Party, who were active participants in India's Freedom Movement, were key participants in coffee house deliberations. Eventually, however, Indian Coffee House was bulldozed and political deliberation crushed. The space of the coffee house may foster political deliberation among different viewpoints, but when interaction is concentrated in one such space, it becomes easier for the state and its agents to suppress oppositional politics and more difficult for both establishment and oppositional politics themselves to retain a diversified public sphere character. While coffee houses and analogous institutions are not adequate substitutes for other forms of democratic politics, therefore, they can encourage expression when other avenues are closed off and nourish the memory of a democratic political culture for the future. (shrink)

Quest after values and their realization constitute innate necessity for human being. This presupposes knowledge of Reality and knowledge of the value-schema. In this context, a distinction can be drawn between descriptive awareness of Reality and prescriptive awareness of Values. For the latter, the pῡrva mimāmsā system postulates ‘codanā’ as a means of knowledge. In Indian Culture, two types of values are enunciated, viz. preyas and śreyas. The Taittirῑya upaniṣad puts forth a five-dimensional theory of human constitution and (...) accordingly advocates a fivefold value-schema. In general, theory of puruṣartha has been accepted by all the cultural traditions of India with variant details. It would be interesting and enlightening to discuss different aspects and issues concerning this theory. Knowledgeable scholars may delineate on related issues as well. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 63.3 (2002) 425-446 [Access article in PDF] Giving Orders: Theory and Practice in the Fundamental Constitutions of Carolina Vicki Hsueh Indians. Of Edisto Ashapo and Combohe to the South our friends. Of Wando Ituan Sewee and Sehey to the north came to our assistance and were zealous and resolute in it 1000 bowmen In our want supplied us. Q. Spaniards. What we shall (...) doe to the Spaniards if we invade them we brake the peace, if we sit still we loose our reputation with the Indians our friends. Westoes. Inland man eaters. Country. To the northward more sickly, about Ashley River fertile and of a wonderful growth. Tatchequea. A very fruitfull Country 8. days jorney by the North west the Emperor our friend and enemy to the Westoes and to hard for them. Q. Settlem't. 500 people will secure the settlement 1000 perfect it. desires supplys of necessarys till that time Excerpt from Carolina Memoranda in the handwriting of John Locke, Esq., 15 September 1670 Within the last decade, scholars such as James Tully, Barbara Arneil, and Bhikhu Parekh have performed a crucial intervention on modern constitu-tionalism's behalf. 1 Not only has constitutionalism in the modern age been [End Page 425] plagued by assumptions of cultural uniformity and an on-going inability to adjudicate between competing cultural claims, but it has been unable effectively to diagnose those limitations and dilemmas. The root of the problem, James Tully suggests, is ultimately a matter of historical perspective. "[T]he tendency," he writes, "is not to notice the philosophical and ideological debates over the last three hundred years... only the result of these debates is seen—the victorious modern language of constitutional uniformity—and claims for recognition are viewed through its framework as if it were impartial and universal." 2 In response Tully and others have sought to tackle this predicament at its historical root. Identifying modern constitutionalism's colonial origins as a significant part of the problem, their studies address the development of constitutionalism and colonialism as an entwined phenomenon in the early modern period, focusing particularly on the British-American context. In this sense, Locke's Two Treatises of Government stands as an exemplary illustration of the period's entangled colonial and constitutional temperaments. Well-known for its influential articulation of compact and resistance, the Two Treatises, Barbara Arneil argues "were written as a defence of England's colonial policy in the new world against the sceptics in England and the counter-claims of both the aboriginal nations and other European powers in America." 3 Accordingly, present-day constitutionalism continues to bear the weighty legacy of those colonial rationales. "[T]he language of modern constitutionalism," Tully further explains, "which has come to be authoritative was designed to exclude or assimilate cultural diversity and justify uniformity. The design is difficult to see because this 'modern' language has become the customary way of thinking about, reflecting on and envisioning a just constitutional order." Ultimately, Tully submits, citing Wittgenstein, "A picture held us captive. And we could not get outside it, for it lay in our language and language seemed to repeat it to us inexorably." 4This much-needed thickening of constitutionalism's historical context has enriched our awareness of constitutionalism's vexed origins, as it has proffered potent tools for interrogating current cultural adjudication. Yet, a troubling predicament persists. As if caught within the tenacious grip of the language of modern constitutionalism, Tully, Arneil, and Parekh insistently portray seventeenth-century British-American colonialism solely as a straightforward process of appropriation and assimilation without addressing or incorporating the [End Page 426] complex and contingent elements of that history in its emergence. Lacking the various negotiations and accommodations between settler and indigene in ambition and actualization, their portrayals crucially underplay the dynamic relationship between theories of constitutionalism and practices of colonialism—an approach that ultimately serves to reinscribe the narrative of triumphalist progress within their critiques. 5This problematic is the context for my reading of the Fundamental Constitutions of Carolina,1669... (shrink)

This article is about the Indian Evidence Act. It explains how evidence is the script that carries law's unconscious. One one hand, evidence is the site of reason, and on the other hand it is the performative site of the unconscious. The operation of the Evidence Act requires a court, arguments, ways of producing evidence, counter-arguments, scrutiny of the nature of the evidence submitted, and finally the disputation around what constitutes an evidence – and then the judgement. This article (...) argues, through a brief presentation of the history of the Act, how law in this way combines the normative and the performative – science of inquiry and the unpredictable script of the outcome, procedure and the spectacle built around elements such as live deposition and the hermeneutic power of the image, rational considerations and emotion, virtuality and the event, serious business in the court and the element of drama. The article suggests (with a bit of irony) the injunction that to see what law is and how it functions we can go to the cinema, and to see what cinema is we can go to the court. (shrink)

Human Rights are fundamental. Rights should be considered natural to all human beings. Man, is born with some rights. These rights exist irrespective of the fact whether they are recognized by the society or not. Some rights of man are eternal to man and they are prior to States. These rights are known as “natural rights”. Para 3 of the Preamble to Universal Declaration of Human Rights says that whereas it is essential, if man is not be compelled to have (...) recourse, as a last resort to rebellion against tyranny and oppression, that human right should be protected by the rule of law. All men and women, everyone in the world, are entitled to the rights and freedom contained in the Declaration without any discrimination. The human rights contained in the Universal Declaration may be divided intotwo categories: civil and political rights, which are usually insisted upon in the western liberal democracies; and economic, social and cultural rights, which are generally emphasized in the socialist democracies. The Constitution of India has issued two broad mandates to the Parliament, the Legislatures of the States and to all institutions of the Government. They are: (1) not to take away or abridge certain rights described as fundamental rights; and (2) to apply certain principles described as Directive Principles of State Policy. Both are interrelated. The social and economic obligations of the State are to protect the rights of the citizens prescribed in the ancient texts. To show the importance of human rights and to protect it, the President of India promulgated an Ordinance on September 28,1993 with a view to provide for the setting up of a National Human Rights Commission for better protection of Human Rights and for matters connected therewith. (shrink)

The author examines the symbolism of the Indian politician's common dress: white coarse khadi cham pioned by Gandhi. Does its continued survival during the post-independence era signify merely hypocrisy, empty ritual? What does it implicitly communicate about the public and private intents ofpoliticalfigures? What values does the khadi conceal in its texture? Do they serve any purpose? Chakrabarty's analysis concludes by admitting that though khadi no longer conveys any message as to the prevalence of Gandhian convictions, yet it constitutes (...) a deep-seated resistance by Indian democracy and politics to the wholesale loss of their identity in the rising surge of global capitalism. (shrink)