Legal awareness among women for their rights is an important issue these days. A girl child is least welcome although in India women were respected from the early ages. Even though there are growing instances of girls excelling in education, tradition, custom, and social practices place greater value on sons than on daughters, who are often viewed as an economic burden. This attitude of the society also stands in the way of the girl child being able to achieve her full (...) potential. A recent report on the girl child makes the following observations: “Girls are the world's most squandered gift. They are precious human beings with enormous potential, but across the world, they are generally the last to have their basic needs met and first to have their basic rights denied (NIOL, 2014). (shrink)

In india each and every minute one person become internet users. its convergence with digitally supported platforms and gadgets, safeguarding the parents as well as students from the cybercrimes is becoming a challenging task. In addition to, the pinching reality is that the internet users are not getting updated on the vulnerable cyber threats and security issues, at the pace they are getting updated with the usage of internet enabled tools and apps. Thus the current research paper focuses in finding (...) out the answers to alarming questions - "Is the netizen really aware that he she is vulnerable to various cyber crimes " "If netizen is aware, to what extent ", "If not aware of cybercrimes, what measures can be adopted to make the nitzens more aware and updated. The paper suggested a conceptual model explaining how to uphold and implement the awareness programmes among internet users regarding cybercrimes. Jigar Shah "A Study of Awareness About Cyber Laws for Indian Youth" Published in International Journal of Trend in Scientific Research and Development (ijtsrd), ISSN: 2456-6470, Volume-1 | Issue-1 , December 2016,. (shrink)

India is a party to several international laws which speak of the duty to prosecute, investigate, and punish crimes. In light of India’s commitments to international law, the scope of its criminal laws appears to be failing on several counts. The following are a few general and specific recommendations for penal law reforms in India. These have been framed in light of several international developments, international laws, and relevant Indian laws and judgments. The recommendations concern the following themes: 1. (...) gaps in criminal law, 2. harmonization of standards 3. liabilities for derogations from fundamental duties (cultural heritage), and 4. a project for decolonization. (shrink)

Comparative religion scholar Thomas Berry’s influential concept of “Earth jurisprudence” has been helpfully elaborated in three principal books. My first section identifies four of their common themes, deriving therefrom an implicit narrative: (1) the basis of ecology is autopoiesis, which (2) originally generated human communities and Indigenous vernacular laws, which were (3) later reasserted by forest defenders who fought to create the Magna Carta’s “Charter of the Forest,” which is (4) now championed globally by the Indian physicist and eco-activist (...) Vandana Shiva’s Earth Democracy movement. My next three sections identify mutually exclusive elements of the three books, deriving the following alternative narrative: self-conscious new dancing rituals (Cullinan) could empower an historically informed reconstruction of private property (Burdon) via commons-based vernacular law (Weston and Bollier). And my conclusion offers one template for such a strategy, namely a new environmental variation on my dancing-poetic conception of legal justice, christened “emerald star-law.”. (shrink)

The Human Rights Studies Programme, School of International Studies (JNU), in collaboration with the Centre for Inner Asian Studies, School of International Studies (JNU), and the Indian Law Institute (Delhi), organized a Human Rights Day Webinar on the Intersections of Human Rights and Criminal Law on December 9-10, 2021. Experts and young scholars from the field shared their insights and research on the webinar theme. The presentations were organized under four sessions, including Session I on Rights Jurisprudence and Criminal (...) Law, Session II on Proposals for Criminalisation and Decriminalisation, Session III on Crimes, Victims, and Punishments, and Session IV on Reforms in the Future. The Webinar was conceptualized keeping in view the responsibility of states under international human rights law to prohibit and punish for the protection of human rights and the redressal of violations. The obligations of States to prohibit and punish inform the development of criminal rules and procedures under different legal systems, leading to the near universalization of legislative frameworks, legal justifications, and punishments. In the working of international human rights institutions, the criminal laws adopted by States are an indicator or marker of the level of compliance of States with the international mandates. In recent years, the interface between the two fields, i.e., international human rights and domestic criminal laws, has sparked great jurisprudential, political, and constitutional debates in different parts of the world. Against this backdrop, the Webinar was organized on Human Rights Day to discuss the relevant issues. (shrink)

The celebrated Greek philosopher Plato had dreamed of a philosopher-king to rule his ideal state. Keeping in socratarian tradition Aristotle said in similar way "it is better for a city to be governed by a good man than even by good laws ". According to Plato, “The philosopher is he who has in his mind the perfect pattern of justice, beauty, truth; his is the knowledge of the eternal; he contemplates all time and all existence; no praises are too high (...) for him.”1 Presently the world is facing leadership crisis. We do not find a humanitarian global mindset of leaders in present times and that is the reason that this world despite of so many material developments is facing the crises of ethics, values and humanity. In the light of these insightful quotes of Greek thinkers, here I am going to discuss about the idea of the philosopher king or Rajrishi in Indian context. Rajarshi is an ancient Indian concept of ideal leadership is offered as a solution for the modern world. (shrink)

The Indian banking system evolved from an exclusive private enterprise controlled by a few wealthy families and trusts, leaving the majority reliant on high-interest private lenders, perpetuating economic disparity. Nationalization of 21 banks under Indira Gandhi aimed to rectify this, aligning with India's constitutional goal of equitable wealth distribution. However, globalization and privatization reshaped the landscape, emphasizing profit-seeking and catering to the corporate sector and affluent classes. The marginalized rural and small business sectors suffered in this pursuit, evident in (...) neglected rural branch postings. To address this, an ethical foundation merging Marxist economics and Shariah banking principles is proposed, seeking inclusivity and ethical grounding. Shariah principles, rooted in Islamic law, extend beyond religious boundaries, while Marxist values amplify voices of the marginalized. By combining these principles, a more inclusive, morally anchored, and holistic Indian banking system can be envisioned. The priority sector's Non-Performing Assets challenge can be addressed without jeopardizing inclusivity. (shrink)

Vitoria’s 1537 lecture On the American Indians asserts moral equality and fundamental rights for all humans but is contradicted by the significant inequalities between Spanish conquistadores and indigenous peoples of Mexico and Peru. Despite recognizing these rights, Vitoria’s vision supports an unequal Euro-American relationship regarding territorial sovereignty, self-defense, self-determination, and religious freedom. His insights have implications for contemporary international law concerning indigenous rights. However, his theological framework limits this potential. To better address indigenous issues today, I advocate reframing Vitoria’s perspective (...) by replacing his natural law-based human-rights essentialism with a naturalistic approach that views human rights as social constructs. This shift can help develop international law to prevent violent interactions and promote equality between indigenous and non-indigenous peoples, reducing reliance on nation states to safeguard indigenous rights. Received: 03 August 2023 Accepted: 18 April 2024. (shrink)

This paper calls attention to matsyanyaya, or state of nature theories, in classical Indian thought, and their significance. The focus is on those discussions of matsyanyaya found in the law books, political treatises and the Mahabharata epic. The significance and relevance of matsyanyaya theories are shown through a comparison with early modern state of nature theories and an elaboration on the possible place of rights and dharma in matsyanyaya and the consequences of this for classical Indian political theory.

Every organization, as they grow has many stakeholders like shareholders, employees, customers, vendors, community, etc. For survival and growth, they have to rely upon healthy relations with all these stockholders. Hence organizations need to provide good returns for shareholders but also good jobs for employees, reliable products for consumers, responsible relations with the community and a clean environment. -/- Business ethics is the application of general ethical principles to business dilemmas and encompasses a broader range of issues and concerns than (...) laws do, as everything that is legal is not ethical. Ethics involves learning what is right or wrong, and then doing the right thing -- but "the right thing" is not nearly as straightforward. -/- Business Ethics has the following purposes: - To give people the tools for dealing with moral complexity in business - Business decisions have an ethical component - Ethical implications must be weighed before acting -/- Corporate governance is concerned with the ownership, control and accountability of companies, and how the corporate pursuit of economic objectives relates to a number of wider ethical and societal considerations. It is the application of best management practices, compliance of law in true letter and spirit and adherence to ethical standards for effective management and distribution of wealth and discharge of social responsibility for sustainable development of all stakeholders. -/- Good Corporate Governance is key to Growing Profits and Reputation. It represents the relationship among stakeholders that is used to determine and control the strategic direction and performance of organizations. Accountability is a key element as well as requirement for corporate governance, fortifying the latter in such a way that it provides a transparent template for governing critical decisions, procedures, and activities. -/- Corporate Governance deals with the questions: (1) Who benefits from corporate decisions/senior management actions? (2) Who should benefit from corporate decisions/senior management actions? -/- There are a number of reasons why businesses should act ethically .As behavior is based on values priorities, a mutual effort at all levels to deal with corporate ethics begins with a clear understanding of core values, both individually and organizationally. -/- Good corporate governance begins with a company's own internal practices and policies. While corporate governance issues are common across organizations, each company requires governance principles that are unique in their approach. Good governance is, ultimately, the sine qua non for continued growth and prosperity. -/- Corporate governance ensures that long term strategic objectives and plans are established and that the proper management structure is in place. Companies that provide good governance, both in terms of practices and results can expect the backing not only of investors but of customers too. -/- Corporate Governance represents the moral framework, the ethical framework and the value framework under which an enterprise takes decisions. In the long run ethical behavior has a positive impact on the company's performance. -/- This paper discusses the elements of corporate governance, inter-relationship between business ethics and corporate governance with reference to some of the Indian companies over the years and their impact in this era of globalization and liberalization. (shrink)

It cannot be overstated that in recent times the gravity and complexity of irregular maritime migration have triggered concerns and debates in the academic domains of International Relations and International Law. The article examines how states’ compliance with, and enforcement of, international law and legal norms would tackle the challenges of irregular migration in the Indian Ocean region. The legislative and policy challenges regarding irregular migration can be analyzed under two segments. First, there is a lack of comprehensive discussion (...) about the sending and the receiving states’ commitments (regarding irregular migrants) to international law and legal norms. Secondly, deficit of comparative analysis to show how the littoral states comply with international law norms on migration and refugee influx. Such analysis from multiple perspectives would be helpful to get insights and make policy recommendations about how effectively international law norms could be enforced through national legislation and policy framework. (shrink)

Whilst India has been debating how to regulate 'surrogacy' the UK has undergone a major consultation on increasing the amount of 'expenses'paid to egg 'donors', while France has recently finished debating its entire package of bioethics regulation and the role of its Biomedicine Agency. Although it is often claimed that there is no alternative to the neo-liberal, market-based approach in regulating (or not) reproductive medicine--the ideology prevalent in both India and the UK--advocates of that position ignore the alternative model offered (...) by France's tighter regulation, as well as its overarching concern with protecting the vulnerable and ensuring social justice. Whilst the concepts underpinning the French model of regulation also have their provenance in Western political philosophy and not in the developed world, they embody a very different attitude and suggest that there is indeed an alternative to letting the market decide. However, even in France that alternative is highly contested. (shrink)

The process of economic globalization has over the years accelerated the pace of labour policy convergence. In the Indian context, labour law since 1991 has witnessed a paradigm shift while embracing a policy of global integration. The ambit of labour relations is now being related with private practice or the informal settings, leading to multiple concerns over labour justice and security. In compliance with global standards, the continuous emphasis upon labour flexibility characterised by flexible labour employment, performance based remuneration, (...) increasing portion of casual labour, has raised several concerns. This paper is an attempt to highlight the attempted and achieved labour law policy convergence in India, coupled with a few suggestions for balance in global national comittments towards labour welfare. (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)

This essay investigates the tensions between traditional music and its modern codification as intellectual property. It will begin by considering the myths concerning the divine source of music. In traditional music and in folk music, music is closely connected to religious ritual. In these rituals the source of the music is recognized and attributed to certain deities. For instance, in Thai traditional music, the Wai Khru ceremony venerates the Duriyathep or devatas drawn from Indian mythology: Phra Visawakarm, Phra Panjasinghkorn, (...) and Phra Parakhonthap (Narot). Much of modern and contemporary music has long been disengaged from ritual and its traditional forms of transmission. Especially since the nineteenth century with the growth of popularity of music printing, it has been subject to copyright law. With these restrictions in transmission, the more fluid routes of transmission have become broken and the ritualistic and religious identifications have been transferred to the cult of performers, to legal codification, to the control of corporations, and the construction of new mythologies through marketing. This essay will use Walter Benjamin’s reflections on the loss of “aura” in the reproduced work of art to try to understand the consequences of this transition in the function of music. And it will consider the situation in Thailand where traditional music and mythology stands side by side with marketed music, and traditional performance stands side by side with commercial performance. It will demonstrate that these conflicts cannot be resolved. But it is precisely in the appreciation and preservation of these conflicts, that traditional culture can itself be recognized and preserved. (shrink)

This is a technical treatise for the scientific-minded readers trying to expand their intellectual horizon beyond the straitjacket of materialism. It is dedicated to those scientists and philosophers who feel there is something more, but struggle with connecting the dots into a more coherent picture supported by a way of seeing that allows us to overcome the present paradigm and yet maintains a scientific and conceptual rigor, without falling into oversimplifications. Most of the topics discussed are unknown even to neuroscientists, (...) biologists, philosophers, and yet are based on the findings published in their own mainstream peer reviewed literature or on deep insights of the scientific, philosophical and spiritual giants of the past. -/- A scientific, philosophical, and spiritual overview of the relationship between science and spirituality, neuroscience and the mystery of consciousness, mind and the nature of reality, evolution and life. A plaidoyer for a science that goes beyond the curve of reason and embraces a new synthesis of knowledge. The overcoming of the limitations of the intellect into an extended vision of ourselves and Nature. A critique of physicalism, the still-dominant doctrine that believes that all reality can be reduced to matter and the laws of physics alone. A review and reassessment of the old and new philosophical and metaphysical ideas which attempts to bring closer Western and Eastern traditions where science, philosophy, consciousness, Spirit and Nature are united in a grand vision that transcends the limited conventional scientific and philosophical paradigm. A possible answer to the questions of purpose and meaning and the future evolution of humankind beyond a conception that posits a priori a purposeless and meaningless universe. A report of the new scientific discoveries of a basal intelligence in cells and plants, on the question if mind is computational, the issue of free will, the mind-body problem, and the so called ‘hard problem of consciousness’. An essay on ancient as modern philosophical conceptions, from the One of Plotinus, the God of Spinoza until the recent revival of panpsychism or the universal consciousness. A journey into quantum physics from the perspective of philosophical idealism and an invitation to adopt new ways of seeing that might help us to transform our present understanding, expanding it into an integral cosmology, with a special emphasis on the spiritual and evolutionary cosmology of the Indian seer Sri Aurobindo. -/- Not just a philosophical and metaphysical meditation but, rather, an appeal to work towards a change of consciousness, a widening of our perspective towards a new way of seeing beyond a purely mechanistic worldview to avoid a social, environmental and economic collapse. Humans are transitional beings that will have to make a choice: relapse into a pre-rational state or evolve towards a new trans-rational species supported by an ideal of human unity in diversity as the expression of a spiritual evolutionary process, the call of the Spirit on Nature. (shrink)

In different parts of the world, attempts have been made to define the principle of fraternity as a political and legal value as compared to a historic/rhetoric one. Fraternity or fraternal relations (occasionally also referred to as solidarity, humanity, compassion, brotherhood) are forged in the everyday lives of societies, when they share common aspirations and vulnerabilities. The wider use or the linking of the principle to conditions of conflict and mass frustration makes it a sort of mirror of realities. These (...) lived experiences and contexts also give the principle a dynamic and propelling quality within law and politics. (shrink)

The structure of my investigation is as follows. I will begin with Schopenhauer’s very brief explicit mention of dance, and then try to understand the exclusion of dance from his extended discussion of the individual arts. Toward this latter end I will then turn to Francis Sparshott essay, which situates Schopenhauer’s thought in terms of Plato’s privileging of dance (in the Laws) as the consummate participatory art, and which observes that Schopenhauer’s dance is that of Shiva, lord of death. In (...) light of these two moments, I will then offer a brief examination of the Laws’ account of dance, and two essays by Avanthi Meduri’s on classical Indian dance. Next, to help explain Schopenhauer’s negative position vis-à-vis Plato and Vedantic thought, I will invoke Schopenhauer’s own conception of madness qua disconnection. Finally, I will attempt to cure this “madness” in Schopenhauer—as Wendy did for Peter Pan when he lost his shadow and could not reattach it himself—by sewing together Schopenhauer’s conceptions of embodiment and music, and in effect reattaching the shadow to the body of Schopenhauer’s position on dance using the thread of his own philosophy. In short, I will show how even a thought as life-denying as Schopenhauer’s can—with the help of dance—overcome itself into life-affirmation. (shrink)

In Gandhi's Printing Press, Isabel Hofmeyr introduces readers to the nuances of the newspaper in a far-flung colony in the age when mail and news traveled by ship and when readers were encouraged by Gandhi to read slowly and deeply. This article explores the ways in which Thoreau's concept of slow reading influenced Gandhi and Hofmeyr herself. She discusses the community that surrounded Gandhi and the role it played in supporting the newspaper. Yet, I argue, the role of women of (...) all races as well as Coloured and black South African men in leading, modeling, and shaping the movement of resistance to pass laws and other racist legislation might have been integrated more into the main narrative. Gandhi's newspaper, Indian Opinion, reported on the pass law protests of the African women of Bloemfontein, and Abdurahman's APO newspaper (popular in the Coloured community) reported on Gandhi's protests. Indian Opinion included speeches given by John Dube, and it often praised Dube and the work at Ohlange and reprinted stories from the black press. I offer these remarks to supplement Hofmeyr's fascinating account by providing additional information in portraying the newspaper in its historical and social context. (shrink)

In India, Dalits faced a centuries-old caste-based discrimination and nowadays indigenous people too are getting a threat from so called developed society. We can define these crimes with the term ‘atrocity’ means an extremely wicked or cruel act, typically one involving physical violence or injury. Caste-related violence has occurred and occurs in India in various forms. Though the Constitution of India has laid down certain safeguards to ensure welfare, protection and development, there is gross violation of their rights such as (...) killing, murder, torture, burning, abduction, rape and molestation. According to a report by Human Rights Watch, “Dalits and indigenous peoples (known as Scheduled Tribes or adivasis) continue to face discrimination, exclusion, and acts of communal violence. Laws and policies adopted by the Indian government provide a strong basis for protection, but are not being faithfully implemented by local authorities.” Human rights issues are very often understood and analyzed from socio-political and cultural perspectives. Apart from such perspectives, the issue of human rights also can be analyzed from a strictly philosophical perspective, which implies that the idea of human rights is centered on the inspiration of human dignity. Several studies on the situation of human rights of Dalits in several parts of India show more reports on violation of human rights than on protection of them. Dalits are discriminated against, denied access to land, forced to work in degrading condition, and routinely abused at the hands of the police and higher-caste groups that enjoy state protection. For example, Dalit women are regularly subjected to sexual violence as a result of their lower caste status-often in response to their demands of basic rights. Hate crimes towards indigenous peoples is a daily reality in many countries across the globe. The challenge is to change such a dehumanized situation. The challenge is to each one of us that whether engaged in governance of the civil society or voluntarily engaged in social and economic development of society, one thing to remember is that leaving behind the vulnerable units of our society – Dalits and indigenous peoples – will not take us to a prosperous society. This paper is an attempt to study the situation of human rights of two most neglected segments of society namely, Dalits and STs as a serious international human rights issue. (shrink)

The aim of this paper is to explain the emergence and use of DNA fingerprinting technology in India, noting the specific concerns faced by the Indian Legal System related to the use of this novel forensic technology in the justice process. Furthermore, the proposed construction of a National DNA Data Bank is discussed taking into consideration the challenges faced by the government in legislating the DNA Bill into law. A critical analysis of the DNA Technology (Use and Application) Regulation (...) Bill, 2019 is provided to throw light upon many ethical, social, and legal issues that need to be addressed before the operationalization of the Bill to ensure that this technology is governed democratically to protect the civil liberties of citizens. (shrink)

The author seeks to make the fewest changes that would allow Christianity to withstand the challenges of the problem of evil . The project includes a critical review of the theodicies of John Hick and David Griffin, and also draws upon the thought of Sri Aurobindo. ;From Augustinian thought, the author retains the emphasis upon moral evil. He argues that any theodicy resolving moral evil also resolves natural evil, and that natural evil, as such, would not create major barriers to (...) religious faith. ;The author accepts John Hick's ideas of epistemic distance and soul-making, with supplementation. But he rejects Hick's use of the Greater Good Defense, instead positing that evil cannot be justified. The only question is whether it can be healed. ;David Griffin's strategy of adjusting divine traits to solve the POE is rejected. Instead, the author modifies Christian ideas of human identity and human destiny. Griffin's definition of evil is also rejected. Instead, the author defines evil as "a horrendous violation of an important human value." ;The author posits that Aurobindo correctly identified the Christian doctrine of "one lifetime only" as posing major problems for theodicy. The Indian view of multiple lifetimes helps to resolve dysteleological evil. Karma does not solve the POE all by itself, the author holds, but a revised notion of karma as "a law of appropriate experience" can make an essential contribution. The Indian view of human identity in terms of Self and ego personality is also adopted, again with some modification. ;The author uses an analogy of evil with a wound to argue that all evil can be healed, and must be healed in the process of psycho-spiritual growth. The conclusion is that evil may be ultimate to the ego personality, but is not ultimate to the soul, as such. From the perspective of the Soul or Self, suffering can be self-chosen for important and positive reasons. ;In short, a total picture of human identity and destiny gained by borrowing and revising Indian doctrines enables the author to suggest a new format for the interpretation of evil. (shrink)

Buddhist Illogic. The 2nd Century CE Indian philosopher Nagarjuna founded the Madhyamika (Middle Way) school of Mahayana Buddhism, which strongly influenced Chinese, Korean and Japanese (Ch’an or Zen) Buddhism, as well as Tibetan Buddhism. Nagarjuna is regarded by many Buddhist writers to this day as a very important philosopher, who they claim definitively proved the futility of ordinary human cognitive means. His writings include a series of arguments purporting to show the illogic of logic, the absurdity of reason. He (...) considers this the way to verbalize and justify the Buddhist doctrine of “emptiness” (Shunyata). These arguments attack some of the basic tenets and techniques of reasoning, such as the laws of thought (identity, non-contradiction and the excluded middle), conceptualization and predication, our common assumptions of self, entities and essences, as well as our beliefs in motion and causation. The present essay demonstrates the many sophistries involved in Nagarjuna’s arguments. He uses double standards, applying or ignoring the laws of thought and other norms as convenient to his goals; he manipulates his readers, by giving seemingly logical form (like the dilemma) to his discourse, while in fact engaged in non-sequiturs or appealing to doubtful premises; he plays with words, relying on unclear terminology, misleading equivocations and unfair fixations of meaning; and he ‘steals concepts’, using them to deny the very percepts on which they are based. Although a critique of the Madhyamika philosophical interpretation and defense of “emptiness”, Buddhist Illogic is not intended to dissuade readers from Buddhism. On the contrary, its aim to enhance personal awareness of actual cognitive processes, and so improve meditation. It is also an excellent primer on phenomenological epistemology. (shrink)

The philosophy of ‘karma’ is a doctrine to consider being the foundation stone of the entire Indian Philosophical outlook. The Bhagavad Gita is most beloved scripture of Indian thought and one of the prime chapters of this scripture is the ‘law of karma’. According to it, every man profit from what he does and suffers from what he does. Karmayoga is mainly based on niskam-karma but not the mere renunciation of Karma. We have to give up the attachment (...) and the fruit regarding the action. So, the action is our Svadharma, fruit or result is not our concern. The Gita said that the nature of Karma was natural, inherent in man’s existence and everybody has to work. Hence an attempt is made here to discuss the law of karma as considered by the Bhagavad Gita. (shrink)

Abstract: The Present Article provides the Comprehensive Prudence behind the Intellectual Property Rights. In Indian sub-continent various Laws are enacted which grants Protection to the intellect. Intellectual Property has various domains and its kinds, it can be a Process, Product, Design, Literature, Music, Art, Computer programs or a Brand name. This Article covers the basic principles and the Rationality behind Intellectual Property Rights granted to the Proprietor by the Government.

The sixteenth century witnessed a major intellectual event: the birth of modernity. This book presents the School of Salamanca as the "first version of modernity", a modernity developed with a peculiarly Hispanic stamp. The Salamancans confronted the problems of a singular historical moment, in which Spain was playing a leading role in the encounter between Europe and America. The thinkers of Salamanca tackled crucial issues such as the right to property, economic ethics, freedom and slavery, the justice of war... In (...) the matrix of the Salamanca university, international law and the elements of reflection that would provide arguments for the abolition of slavery were born. This book brings together scholars from different geographical areas: several authors from Latin America, as well as from different European countries, sign their contributions. These diverse origins reflect the rich universality of the Hispanic project that had its heart in the reflections of the School of Salamanca. The diversity of topics addressed, ranging from the more practical questions of trade and the freedom of the American Indians to the subtleties of metaphysics or theology, is a good example of the richness of the issues addressed by those intellectuals who initiated modernity. (shrink)

The transitory and ever-evolving process of law making plays a role of primal importance in the regulation of human conduct of society. It goes without saying that in this entire process, judges have a participation. The power entrusted by law and the nature of judicial process, make judges the prime mover of the development of law. It matters how judges decide cases. It matters most to people unlucky or litigious or wicked or saintly enough to find themselves in court... The (...) effect emanating from the decision of a case affects the life of a person in many ways that at times has far reaching impact...When the law in question happens to be criminal law, it requires a cautious consideration to see how the interpretive tools used by judges affect the life of a litigant in ways both seen and unseen... Several areas concerning adjudication and judicial interpretation have been the subject matter of study. This paper includes a discussion on the principle of non- retrospectivity in light of judicial adjudication in criminal matters. (shrink)

The subprime mortgage crisis in the United States (U.S.) in mid-2008 suggests that stock prices volatility do spillover from one market to another after international stock markets downturn. The purpose of this paper is to examine the magnitude of return and volatility spillovers from developed markets (the U.S. and Japan) to eight emerging equity markets (India, China, Indonesia, Korea, Malaysia, the Philippines, Taiwan, Thailand) and Vietnam. Employing a mean and volatility spillover model that deals with the U.S. and Japan shocks (...) and day effects as exogenous variables in ARMA(1,1), GARCH(1,1) for Asian emerging markets, the study finds some interesting findings. Firstly, the day effect is present on six out of nine studied markets, except for the Indian, Taiwanese and Philippine. Secondly, the results of return spillover confirm significant spillover effects across the markets with different magnitudes. Specifically, the U.S. exerts a stronger influence on the Malaysian, Philippine and Vietnamese market compared with Japan. In contrast, Japan has a higher spillover effect on the Chinese, Indian, Korea, and Thailand than the U.S. For the Indonesian market, the return effect is equal. Finally, there is no evidence of a volatility effect of the U.S. and Japanese markets on the Asian emerging markets in this study. (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)

Suppose Molinism is true and God placed Adam in the garden because God knew Adam would freely eat of the fruit. Suppose further that, had it not been true that Adam would freely eat of the fruit, were he placed in the garden, God would have placed someone else there instead. When Adam freely eats of the fruit, is he free to do otherwise? This paper argues that there is a strong case for both a positive and a negative answer. (...) Assuming such cases are possible under Molinism, we are left with a puzzling question: if Molinism is true, what can you do? (shrink)

The dependence solution claims that God’s foreknowledge is no threat to our freedom because God’s foreknowledge depends (in a relevant sense) on our actions. The assumption here is that those parts of the world which depend on our actions are no threat to the freedom of those actions. Recently, Taylor Cyr has presented a case which challenges this assumption. Moreover, since the case is analogous to the case of God’s foreknowledge, it would seem to establish that, even if God’s foreknowledge (...) somehow depends on our actions, our freedom is still threatened. This paper defends the dependence solution, first, by offering an error theory for the intuitions that drive Cyr’s case and, second, by pointing out some arguably mysterious implications of accepting those intuitions. These points taken in conjunction show that Cyr’s case, although quite fascinating, is not as challenging as it might at first seem. (shrink)

Is the virtue of the good citizen the same as the virtue of the good man? Aristotle addresses this in Politics 3.4. His answer is twofold. On the one hand, (the account for Difference) they are not the same both because what the citizen’s virtue is depends on the constitution, on what preserves it, and on the role the citizen plays in it, and because the good citizens in the best constitution cannot all be good men, whereas the good man’s (...) virtue is uniform. On the other hand, (the account for Identity) the two virtues are identical in the good men in the best constitution, in which all are good citizens, each possessing the ability for ruling and for being ruled. This nuanced answer can be seen as Aristotle’s synthesis of a Periclean view (contribution to state blots out personal wrongs) and a Socratic view (no good citizen is without justice). Its nuances reflect the extent to which Aristotle’s conceptions of good citizenship and the best constitution accommodate deviations of what is probable from the human ideal set out in his ethical writings. In the present chapter, I will first address three puzzles regarding the nuances of Aristotle’s answer. Second, I will consider one question about its implication: Does Aristotle’s account for Difference turn out to entail something ultra-Periclean: that no one can simultaneously be a good man and a good citizen in any constitution other than the best? I shall argue the negative. (shrink)

Let (leeway) incompatibilism be the thesis that causal determinism is incompatible with the freedom to do otherwise. Several prominent authors have claimed that incompatibilism alone can capture, or at least best captures, the intuitive appeal behind Jorge Luis Borges's famous “Garden of Forking Paths” metaphor. The thought, briefly, is this: the “single path” leading up to one's present decision represents the past; the forking paths that one must decide between represent those possible futures consistent with the past and the laws (...) of nature. But if determinism is true, there is only one possible future consistent with the past and the laws and, hence, only one path to choose from. That is, if determinism is true, then we are not free to do otherwise. In this paper, I argue that this understanding of the Garden of Forking Paths faces a number of problems and ought to be rejected even by incompatibilists. I then present an alternative understanding that not only avoids these problems but still supports incompatibilism. Finally, I consider how various versions of (leeway) compatibilism fit with the Garden of Forking Paths as well as the broader question of whether metaphors, however intuitive, have any dialectical force in the debates over freedom. (shrink)

Libertarian views of freedom claim that, although determinism would rule out our freedom, we are nevertheless free on some occasions. An odd implication of such views (to put it mildly) seems to be that indeterminism somehow enhances or contributes to our agency. But how could that be? What does indeterminism have to offer agency? This paper develops a novel answer, one that is centred around the notion of explanation. In short, it is argued that, if indeterminism holds in the right (...) places, then the best explanation of the history of the world necessarily cites facts about our agency. Along the way, alternative proposals regarding the significance of indeterminism are considered and, ultimately, rejected in favour of the one developed in this paper. (shrink)

I have argued that emergentism is a non-computational theory of mind, because this theory says that mind or consciousness emerges from material objects, but it will not be reduced to that matter. That is to say that the higher level of quality emerge from a lower level of existence. It emerges therefrom, and does not belong to that level, but constitutes its possessor a new order of existence with its social laws of behaviour. Thus, emergentism is an anti-reductionists' theory of (...) the mind and has established the hardness of the problem of consciousness. The physicalistic theory of mind in all its hues faces the question as to how we can account for the qualitative content of our consciousness. It cannot ultimately tell us how the subjective content of our consciousness. (shrink)

Recent discussions on the explanation of action are permeated with two divergent models of explanation, namely causal model and non- causal model. For causalists the notion of explanation is intimately related to that of causation. As Davidson contends, any rudimentary explanation of an event gives its cause. More sophisticated explanations may cite a relevant law in support of a singular causal claim. The non-causalists, on the other hand, hold that when we explain an action we do not ask for the (...) cause, rather we try to understand the action in terms of its meaning. Moreover, they argue that the causal model fails to account for the conceptual priority of human agency. The aim of this paper is to show how Max Weber attempted a synthesis of the two divergent models of explanation in the realm of human actions. The first section of this paper gives an expository account of Weber’s theory of explanation. In the second section an attempt is made to interpret Weber’s thesis so as to assimilate the two divergent models of explanation. (shrink)

Recently, several authors have utilized the notion of dependence to respond to the traditional argument for the incompatibility of freedom and divine foreknowledge. However, proponents of this response have not always been so clear in specifying where the incompatibility argument goes wrong, which has led to some unfounded objections to the response. We remedy this dialectical confusion by clarifying both the dependence response itself and its interaction with the standard incompatibility argument. Once these clarifications are made, it becomes clear both (...) (1.) that the dependence response does not beg the question against the proponent of the incompatibility argument and (2.) that the dependence response advances the dialectic whether it is developed as a version of Ockhamism or as a version of multiple-pasts compatibilism. (shrink)

In present times, Science has become more and more contiguous to philosophy due to the advent of Relativity theory and Quantum Mechanics. Relativity has modified our concepts of mass, length, force, law of addition of velocities and simultaneity and has given a new interpretation of the laws of conservation of energy and momentum. It has demonstrated the inner necessity of the idea of dialectic contradiction in the theoretical development of the contents of physics. Quantum Mechanics has continued what began with (...) the theory of relativity. It rejects unlimited detailing of objects in space and of phenomena in time. The concept of energy, momentum and angular momentum have now to take into account the possibility of quantization and the limitations imposed by the uncertainty relations. It has shown that the basic laws of nature are statistical and that the probabilistic form of causality is the fundamental form. It lays emphasis on relations of qualitatively different dialectic types, like the relations of complementarity and relations of interference. In the article, an attempt is made to show that these theories have called for a drastic revision of the seminal kernels of the traditional philosophy of science. (shrink)

Today, property rights have occupied tremendous academic and political space because of their close affiliation to human rights. At the global forums, the right to property is often advocated as a "fundamental human right" essential for the integrity of the individual, and also crucial to freedom, prosperity, and realizing equality. However, beyond the human rights proposal, economic development in the globalization decade has affected the state policies that have disturbed the sanctity of property rights for many households. Owing to such (...) occurrences, the issue of ‘property’ is now one of the biggest concerns of the state and the society, giving adequate reasons to question or dispute illusionary human rights discourse on property. In India, the harsh reality of land acquisition in the exercise of the power of eminent domain has reduced property to a mere political construct. The conflicts over acquisition and subsequent social exclusion have begun to expand their ambit and have taken over the streets, courtrooms, and public spaces. This paper attempts to put forth substantial arguments to satisfy that a human rights discourse on the property is either faulty or ignorant of reality, if devoid of context. Also, theorizing on property rights does not suffice as a standard for reasonable reforms in state policy vis-à-vis property. -/- . (shrink)

Review of Causation and Free Will by Carolina Sartorio, Oxford University Press, 2016. viii + 188 pp. £35.00.

In the TACITUS project for using commonsense knowledge in the understanding of texts about mechanical devices and their failures, we have been developing various commonsense theories that are needed to mediate between the way we talk about the behavior of such devices and causal models of their operation. Of central importance in this effort is the axiomatization of what might be called commonsense metaphysics. This includes a number of areas that figure in virtually every domain of discourse, such as granularity, (...) scales, time, space, material, physical objects, shape, causality, functionality, and force. Our effort has been to construct core theories of each of these areas, and then to define, or at least characterize, a large number of lexical items in terms provided by the core theories. In this paper we discuss our methodological principles and describe the key ideas in the various domains we are investigating. (shrink)

A rational interpretation is proposed for two ancient Indian logics: the Jaina saptabhaṅgī, and the Mādhyamika catuṣkoṭi. It is argued that the irrationality currently imputed to these logics relies upon some philosophical preconceptions inherited from Aristotelian metaphysics. This misunderstanding can be corrected in two steps: by recalling their assumptions about truth; by reconstructing their ensuing theory of judgment within a common conceptual framework.

Contemporary Indian Philosophy is related to contemporary Indian thinkers and contains the proceedings of First Session of Society for Positive Philosophy and Interdisciplinary Studies (SPPIS) Haryana. It is neither easy nor impossible to translate into action all noble goals set forth by the eminent thinkers and scholars, but we might try to discuss and propagate their ideas. In this session all papers submitted electronically and selected abstracts have been published on a website especially develop for this session. In (...) this volume we included some papers from this session and also from open sources and contributors include teachers, research scholars and students etc. This volume is divided into two parts. First part contains papers on Swami Vivekananda and second part contains papers of B. G. Tilak, Sri Aurobindo, Mahatma Gandhi, Jawaharlal Nehru, Saheed Bhagat Singh and Dr. B.R. Ambedkar etc. It is the general intention of the Centre to produce informative as well as positive literature to inspire and motivate the students and the general readers. (shrink)

Although there is such a thing as Indian thought, it seems to play no role in the way social sciences and philosophy are practiced in India or elsewhere. The problem is not only that we no longer employ terms such as atman, avidya, dharma to reflect on our experience; the terms that we do indeed use—sovereignty, secularism, rights, civil society and political society, corruption—seem to insulate our experience from our reflection. This paper will outline Gandhi’s framing of our predicament (...) in Hind Swaraj. It will then discuss three very different examples taken from our peculiar life with concepts that will also serve to clarify and illustrate the framework I am outlining. It will then very briefly discuss how Gandhi saw the Gita as showing him a way out of the predicament. (shrink)

In this paper I critically engage with Pauline Kleingeld’s ‘volitional self-contradiction’ interpretation of Kant’s formula of universal law. I make three remarks: first, I seek to clarify what it means for a contradiction to be volitional as opposed to logical; second, I suggest that her interpretation might need to be closer to Korsgaard’s ‘practical contradiction’ interpretation than she thinks; and third, I suggest that more work needs to be done to explain how a volitional self-contradiction generates both a ‘contradiction in (...) conception’ and a ‘contradiction in will.’. (shrink)

B.K.Matilal, and earlier J.F.Staal, have suggested a reading of the `Nyaya five limb schema' (also sometimes referred to as the Indian Schema or Hindu Syllogism) from Gotama's Nyaya-Sutra in terms of a binary occurrence relation. In this paper we provide a rational justification of a version of this reading as Analogical Reasoning within the framework of Polyadic Pure Inductive Logic.

This book sheds new light on the fascinating - at times dark and at times hopeful - reception of classical Yoga philosophies in Germany during the nineteenth century. Written for non-specialists, Indian Philosophy and Yoga in Germany will be of interest to students and scholars working on 19th-century philosophy, Indian philosophy, comparative philosophy, Hindu studies, intellectual history, and religious history.

Rasa, the aesthetic experience, stands as the highest purpose of art according to Indian Aesthetics. In this paper we explore the concept of non-representational dance or nṛtta with the aim of integrating an answerability to rasa into the structure of Bharatanāṭyam, a present-day classical dance of India. Drawing from sage Bharata’s Nāṭyaśāstra and supplemented by insights from Anandavardhana's Dhvanyālōka, the study provides a śāstric (analytical and philosophical) framework for non-representational dance (nṛtta) using three overarching canons of Indian Aesthetics (...) – Rasa, Aucitya, and Dhvani. We present a significant advancement in the field of Indian dance aesthetics by offering a refined definition of non-representational dance or nṛtta by aligning it within the framework of the rasa sūtra (dictum on rasa). The definition is substantiated by a nuanced analysis and interpretation of Bharata’s delineation of nṛtta, and cross-examination with related concepts in the Nāṭyaśāstra. Furthermore, we explore non-representational dance within the frameworks of aucitya and dhvani, enhancing fundamental concepts established by this definition. (shrink)