This book provides the most concise, accessible account yet available of modern Western cultural and social explorations of 'other' forms or aspects of life that are devalued or coded as unacceptable, even unthinkable, in the modern ethos.

This unique publication outlines the development of legal theory from pre-Roman times to the twentieth century. It aims to relate the evolution of legal theory to parallel developments in political history, and accordingly offers the reader an account of relevant contemporaneous political, religious, and economic events. Each chapter commences with a general historical background for the relevant period, and discusses how political events and political and legal theory are both related to one another and occasionally influence one another.No other English (...) publication aims to anchor legal theory to contemporary general history in this way, shunning the more conventional approach to legal theory via the study of 'traditions' or 'schools', and it is hoped that this study will provide a much-needed basic text for students of jurisprudence, legal theory and politics. (shrink)

This book presents the major teachings of Mahāyāna Buddhism in a precise, dramatic, and even humorous form. For two millennia this Sūtra, called the “jewel of the _Mahāyāna Sūtras_,” has enjoyed immense popularity among Mahāyāna Buddhists in India, central and southeast Asia, Japan, and especially China, where its incidents were the basis for a style in art and literature prevalent during several centuries. Robert Thurman’s translation makes available in relatively nontechnical English the Tibetan version of this key Buddhist scripture, previously (...) known to the English-speaking world only through translations from Chinese texts. The _Tibetan_ version is generally conceded to be more faithful to the original Sanskrit than are the Chinese texts. The Tibetan version also is clearer, richer, and more precise in its philosophical and psychological expression. The twelve books of the Sūtra are accompanied by an introduction and an epilogue by Dr. Thurman and by three glossaries: Sanskrit terms, numerical categories, and technical terms. (shrink)

This article examines two modalities of law, depicted spatially as the vertical and the horizontal. The intellectual background for seeing law in vertical and horizontal dimensions is to be found in much socio-legal scholarship. These approaches have challenged the modernist, legal positivist and essentially vertical view of law as a system of imperatives emanating from a hierarchically superior source such as a sovereign. In keeping with the socio-legal critical tradition, but approaching it from the perspective of legal philosophy, my aim (...) is to address three matters. First, why is vertical law problematic for feminists? Second, what are the theoretical characteristics of law in its horizontal register? Third, how is an appreciation of this ‘flat’ law useful for feminist legal theory and practice? In particular, I consider the ways in which feminist legal theory operating in the horizontal dimension can transgress, without transcending, the vertically determined perimeters of the nation state. (shrink)

David Webster explores the notion of desire as found in the Buddhist Pali Canon. Beginning by addressing the idea of a 'paradox of desire', whereby we must desire to end desire, the varieties of desire that are articulated in the Pali texts are examined. A range of views of desire, as found in Western thought are presented as well as Hindu and Jain approaches. An exploration of the concept of ditthi (view or opinion) is also provided, exploring the way in (...) which 'holding views' can be seen as analogous to the process of desiring. Other subjects investigated include the mind-body relationship, the range of Pali terms for desire, and desire's positive spiritual value. A comparative exploration of the various approaches completes the work. (shrink)

In the study of Buddhism it is commonly accepted that a monk or nun who commits a pārājika offence is permanently and irrevocably expelled from the Buddhist monastic order. This view is based primarily on readings of the Pāli Vinaya. With the exception of the Pāli Vinaya, however, all other extant Buddhist monastic law codes (Dharmaguptaka, Mahāsāṅghika, Mahīśāsaka, Sarvāstivāda and Mūlasarvāstivāda) contain detailed provisions for monks and nuns who commit pārājikas but nevertheless wish to remain within the saṅgha. These monastics (...) are not expelled. Rather, they are granted a special status known as the śikṣādattaka. In this paper I explore the rules. concerning pārājika penance and the śikṣādattaka with specific regard to monastic celibacy. Given that five out of six extant law codes recognise this remarkable accommodation to the rule of celibacy, I argue that we must look to Vinayas other than the Pāli Vinaya if we are to arrive at a nuanced and representative view of Indian Buddhist monasticism. Grant me chastity and continence, but not yet.Augustine of Hippo (354–430 C.E.). (shrink)

With the same intellectual courage with which she addressed issues of gender, Judith Butler turns her attention to speech and conduct in contemporary political life, looking at several efforts to target speech as conduct that has become subject to political debate and regulation. Reviewing hate speech regulations, anti-pornography arguments, and recent controversies about gay self-declaration in the military, Judith Butler asks whether and how language acts in each of these cultural sites.

Contends that Freud's theory of civilization is substantially sociological, and examines the philosophical and sociological implications of key Freudian ...

Morrison offers an illuminating study of two linked traditions that have figured prominently in twentieth-century thought: Buddhism and the philosophy of Nietzsche. Nietzsche admired Buddhism, but saw it as a dangerously nihilistic religion; he forged his own affirmative philosophy in reaction against the nihilism that he feared would overwhelm Europe. Morrison shows that Nietzsche's influential view of Buddhism was mistaken, and that far from being nihilistic, it has notable and perhaps surprising affinities with Nietzsche's own project of the transvaluation of (...) all values. (shrink)

In this book, Arnold Davidson elaborates a method for considering the history of concepts and the nature of scientific knowledge, a method he calls "historical epistemology." He applies this to the history of sexuality, with consequences for our understanding of desire, abnormality, and sexuality.

This article outlines the relationship between the Buddhist Vinaya (the rules of Buddhist monks) and the Dharmaà15Bà101stra in ancient India. My purpose is to show that the Vinaya should not be seen as a form of customary law, but as a wider system of jurisprudence linked to Dharmaà15Bà101stra principles and precepts. I make this argument to show that particular aspects of the Vinaya and the legal relationship with the Dharmaà15Bà101stra are examples of the operation 'legal pluralism'. This concept is useful (...) as a starting point to develop analytical criteria for distinguishing various bodies of law and their interrelationships. I use this concept to show that in the context of the Vinaya and the Dharmaà15Bà101stra, the term 'legal pluralism' helps us to delineate the relationship between the Sangha (Buddhist order of monks) and the Dharmaà15Bà101stra. (shrink)

In this classic work, Herbert Marcuse takes as his starting point Freud's statement that civilization is based on the permanent subjugation of the human instincts, his reconstruction of the prehistory of mankind - to an interpretation of the basic trends of western civilization, stressing the philosophical and sociological implications.