Aakash Singh Rathore and Rimina Mohapatra
- Published in print:
- 2017
- Published Online:
- January 2017
- ISBN:
- 9780199468270
- eISBN:
- 9780199087464
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199468270.003.0005
- Subject:
- Philosophy, Philosophy of Mind, General
Hegel's first foray into the oriental world is apparent in a text entitled “Oriental Spirit”. The fragment clearly links one central preoccupation of Hegel's extended treatment of India in The ...
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Hegel's first foray into the oriental world is apparent in a text entitled “Oriental Spirit”. The fragment clearly links one central preoccupation of Hegel's extended treatment of India in The Philosophy of World History—i.e., the static nature of oriental spirit — back to a period earlier than the appearance of Indological writings by German Romantics. The chapter recapitulates rather precisely two of his crucial issues with India: in the Logic, that the notion of the absolute is insufficiently mediated; and in Right, the concrete problem of freedom. The relationship between substance (being, the one, infinite, essence) and change (becoming, determinateness, finite, accidental, perishable, non-essential) is not fully expressed in pantheistic systems. For Hegel, while the Hindu conception of trimurti reflects this spirit, it does so inadequately. The determination of the third principle of Mode and change, arising and passing away, does not bring concrete determination. It is ultimately reduced to nullity, unity or oneness.Less
Hegel's first foray into the oriental world is apparent in a text entitled “Oriental Spirit”. The fragment clearly links one central preoccupation of Hegel's extended treatment of India in The Philosophy of World History—i.e., the static nature of oriental spirit — back to a period earlier than the appearance of Indological writings by German Romantics. The chapter recapitulates rather precisely two of his crucial issues with India: in the Logic, that the notion of the absolute is insufficiently mediated; and in Right, the concrete problem of freedom. The relationship between substance (being, the one, infinite, essence) and change (becoming, determinateness, finite, accidental, perishable, non-essential) is not fully expressed in pantheistic systems. For Hegel, while the Hindu conception of trimurti reflects this spirit, it does so inadequately. The determination of the third principle of Mode and change, arising and passing away, does not bring concrete determination. It is ultimately reduced to nullity, unity or oneness.
Víctor M Muñiz-Fraticelli
- Published in print:
- 2014
- Published Online:
- April 2014
- ISBN:
- 9780199673889
- eISBN:
- 9780191752148
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199673889.003.0007
- Subject:
- Law, Constitutional and Administrative Law, Public International Law
Social-scientific legal pluralists have failed to provide criteria either for distinguishing legal from non-legal phenomena or for recommending for or against the recognition of a normative system as ...
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Social-scientific legal pluralists have failed to provide criteria either for distinguishing legal from non-legal phenomena or for recommending for or against the recognition of a normative system as law. However, legal positivists approaching the concept of law from a more philosophical perspective have emphasized institutionality and the presence of self-proclaimed legal officials as a distinctive feature of law. These institutionalist criteria also figure prominently in the work of normative legal pluralists issued from legal theory and jurisprudence. Brian Tamanaha argues that legal pluralism should abandon any conceptual explanation of law, and default instead to a purely conventional definition. But as Kenneth Himma objects, this leaves us with a category too thin to be of use. I propose that law is most readily identified in confrontation with other legal systems. The intelligibility of one legal system to another presupposes certain conceptual criteria, but allows for conventional variability and development.Less
Social-scientific legal pluralists have failed to provide criteria either for distinguishing legal from non-legal phenomena or for recommending for or against the recognition of a normative system as law. However, legal positivists approaching the concept of law from a more philosophical perspective have emphasized institutionality and the presence of self-proclaimed legal officials as a distinctive feature of law. These institutionalist criteria also figure prominently in the work of normative legal pluralists issued from legal theory and jurisprudence. Brian Tamanaha argues that legal pluralism should abandon any conceptual explanation of law, and default instead to a purely conventional definition. But as Kenneth Himma objects, this leaves us with a category too thin to be of use. I propose that law is most readily identified in confrontation with other legal systems. The intelligibility of one legal system to another presupposes certain conceptual criteria, but allows for conventional variability and development.
