Legal Theory Lexicon: Path Dependency


The phrase "path dependency" is used to express the idea that history matters–choices made in the past can affect the feasibility (possibility or cost) of choices made in the future.  This entry in the Legal Theory Lexicon introduces this idea to law students, especially first-year law students, with an interest in legal theory.

The General Idea of "Path Dependency"  

The general idea of path dependency is that prior decisions constrain (or expand) the subsequent range of possible or feasible choices.  That is, a decision, d, made at tmay affect the choice set, S = (c1, c2, . . . cn) at t2.  We can define a choice set as a set of actions that a given agent could take.  Or to expand the path metaphor, if we imagine a network of paths through time, from past to future, decisions to branch at an earlier point on the chosen path may affect the destinations that one can reach from a later point on the path.  Sometimes, if we choose the left fork, we may be able to reach exactly the same destinations we could have reached via the right fork, but sometimes, our choices foreclose some possibilities altogether.  It isn’t always the case that in the long run, there’s still time to change the road you’re on.

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The elements of living lightly

Think about it: when we have expectations, and things don’t go the way we expect (which happens quite often, as we’re not good prognosticators), we are disappointed, frustrated. It’s our expectations that force us to judge whether something is good or bad.

When you expect something of a friend, co-worker, family member, spouse, and they don’t live up to that expectation, then you are upset with them, or disappointed. It causes anger. But what if you had no expectations — then their actions would be neither good nor bad, just actions. You could accept them without frustration, anger, sadness.

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Legal Theory Lexicon: Efficiency, Pareto, and Kaldor-Hicks

Almost every law student get's some introduction to normative law and economics in their first year of law school.  One of the basic ideas of normative law and economics is that the law should be "efficient."  But what does efficiency mean?  For economists, "efficiency" is a technical idea–with only a tangential connection to the use of "efficiency" in ordinary speech.  In order to understand economic efficiency, we will look at what are called the Pareto principles and a related idea that is sometimes called Kaldor-Hicks efficiency.

In addition to explicating the idea of efficiency, we will take a qucik look at some of the criticisms that might be made of this concept.  Although many economists operate on the assumption that "efficiency" is an uncontroversial good, that conclusion is controversial both inside and outside of the discipline of economics.

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Legal Theory Lexicon: The Law Is A Seamless Web

F.W. Maitland, the famous legal historian wrote, “Such is the unity of all history that any one who endeavors to tell a piece of it must feel that his first sentence tears a seamless web.”  (A Prologue to a History of English Law, 14 L. Qtrly Rev. 13 (1898))  Maitland didn't actually say that the "law is a seamless web," but he is usually given credit for the idea that the law forms some kind of "organic unity" or is characterized by strong interconnections.  The idea that law is seamless web is ambiguous–the aphorism expresses different ideas on different occasions.  This post in the Legal Theory Lexicon series will explicate the seamless web metaphor and its several implications for legal theory.


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Experiencing the Planetary Shift on an Uptilt…an energetic sparkle in the air…..


When you feel genuine hope, care and compassion, your heart is sending harmonious and coherent signals to the brain/ mind, replacing feelings of separation with a sense of connection. The heart and brain are aligned and in sync. The higher cortical functions are enhanced, facilitating objective, sober assessment and intuitive perception. You perceive more wholeness, and solutions to problems are more apparent. 


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How does multitasking affect memory



The human mind can shift rapidly between tasks, on the order of a few hundred milliseconds. Recent research has uncovered supertaskers, the 2.5 percent of the population who are better than everyone else at texting and driving. But the average mind prefers something closer to a second or two between changes in input. The faster this shift, the less sense we can make of the information….


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Cutting the Cord to Materialism


In America and much of western culture, our infatuation with materialism comes from the opportunity to have such. Being a minimalist pre-cable/satellite television was not just a fad. It was a way of life. People were these things called ACTIVE and ENERGETIC. Once television became such a monumental part of our lives, we began being consumed by this sedentary form of life that co-existed with unhealthy and unfit lives.


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Legal Theory Lexicon: Contractarianism, Contractualism, and the Social Contract


Some of the key conceptual tools deployed by legal theorists are likely to be familiar to most law students from their undergraduate education.  One of these is the notion of the "social contract"–familiar from Hobbes, Locke, and Rousseau.  But unless you were an undergraduate philosophy major or have some graduate work in philosophy, you may not be as familiar with some of the ideas that have grown out of the social-contract tradition.

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Shin on Unconscious Discrimination


A steadily mounting body of social science research suggests that ascertaining a person’s conscious motives for an action may not always provide a complete explanation of why he did it. The phenomenon of unconscious bias presents a worrisome impediment to the achievement of fair equality in the workplace. There have been numerous deeply insightful articles discussing various aspects of this problem and canvassing its implications for antidiscrimination law.

      

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Advaita Vedanta – Adi Sankara’s views

Adi Sankara's treatises on the Upanishads, the Bhagavad Gita and the Brahma Sutras are his principal and almost undeniably his own works. Although he mostly adhered to traditional means of commenting on the Brahma Sutra, there are a number of original ideas and arguments. He taught that it was only through knowledge and wisdom of nonduality that one could be enlightened.

Sankara's opponents accused him of teaching Buddhism in the garb of Hinduism, because his non-dualistic ideals were a bit radical to contemporary Hindu philosophy. However, it may be noted that while the Later Buddhists arrived at a changeless, deathless, absolute truth after their insightful understanding of the unreality of samsara, historically Vedantins never liked this idea. Although Advaita also proposes the theory of Maya, explaining the universe as a "trick of a magician", Sankara and his followers see this as a consequence of their basic premise that Brahman is real. Their idea of Maya emerges from their belief in the reality of Brahman, rather than the other way around.

Sankara was a peripatetic orthodox Hindu monk who traveled the length and breadth of India. The more enthusiastic followers of the Advaita tradition claim that he was chiefly responsible for "driving the Buddhists away". Historically the decline of Buddhism in India is known to have taken place long after Sankara or even Kumarila Bhatta (who according to a legend had "driven the Buddhists away" by defeating them in debates), sometime before the Muslim invasion into Afghanistan (earlier Gandhara).

Although today's most enthusiastic followers of Advaita believe Sankara argued against Buddhists in person, a historical source, the Madhaviya Sankara Vijayam, indicates that Sankara sought debates with Mimamsa, Samkhya, Nyaya, Vaisheshika and Yoga scholars as keenly as with any Buddhists. In fact his arguments against the Buddhists are quite mild in the Upanishad Bhashyas, while they border on the acrimonious in the Brahma Sutra Bhashya.

The Vishistadvaita and Dvaita schools believed in an ultimatelysaguna Brahman. They differ passionately with Advaita, and believe that his nirguna Brahman is not different from the Buddhist Sunyata(wholeness or zeroness) — much to the dismay of the Advaita school. A careful study of the Buddhist Sunyata will show that it is in some ways metaphysically similar as Brahman. Whether Sankara agrees with the Buddhists is not very clear from his commentaries on the Upanishads. His arguments against Buddhism in the Brahma Sutra Bhashyas are more a representation of Vedantic traditional debate with Buddhists than a true representation of his own individual belief. (See link: Sankara's arguments against Buddhism)


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The Large Hadron Collider May Allow us to Read the Mind of God

Today the LHC may have the potential to explain the origin of all four fundamental forces: gravity, electromagnetism, and the strong and weak nuclear forces. Physicists believe that at the beginning of time there was a single superforce that unified these fundamental forces. Finding it could be the crowning achievement in the history of science.

Through the LHC, we hope to finally prove the existence of the Higgs boson, which is the only particle yet to be observed by the Standard Model. There is a hypothetical, ever-present quantum field that is supposedly responsible for giving particles their masses; this field would answer the basic question of why particles have the masses they do or why they have any mass at all. According to CERN, "The answer may be the so-called Higgs mechanism. According to the theory of the Higgs mechanism, the whole of space is filled with a ‘Higgs field,’ and by interacting with this field, particles acquire their masses. Particles that interact intensely with the Higgs field are heavy, while those that have feeble interactions are light. The Higgs field has at least one new particle associated with it, the Higgs boson. If such a particle exists, experiments at the LHC will be able to detect it.”


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Java Technologies to Build Social Capital to achieve UN -MDGs- Java World Congress-Sri Lanka


How to integrate Open source Java Technologies to Build Social Capital to achieve United Nations Millennium Development Goals ( MDGs) will be the theme of the Java World Congress to be held in Colombo, Sri Lanka from 26-28 Nov this year. Humans are social animals. From time immemorial history is replete with a plethora of examples of how humans interacted with family, small groups, society , country and the world at large to transact his business. While these social contacts are salutary to building health networks, others have used them to build tension, conflict and anxiety in our dealings. While interacting with a global village we observe how the multi-faceted technology and communication expansions have brought us very close to each other redefining the old boundaries.

If we go deeper into social capital we observe that Social capital is an instantiated informal norm that promotes cooperation between two or more individuals. The norms that constitute social capital can range from a norm of reciprocity between two friends, all the way up to complex and elaborately articulated doctrines like Christianity or Confucianism. They must be instantiated in an actual human relationship: the norm of reciprocity exists in potentia in my dealings with all people, but is actualized only in my dealings with my friends. By this definition, trust, networks, civil society, and the like which have been associated with social capital are all epiphenominal, arising as a result of social capital but not constituting social capital itself.

Not just any set of instantiated norms constitutes social capital; they must lead to cooperation in groups and therefore are related to traditional virtues like honesty, the keeping of commitments, reliable performance of duties, reciprocity, and the like. A norm like the one described by Edward Banfield as characterizing southern Italy, which enjoins individuals to trust members of their immediate nuclear family but to take advantage of everyone else, is clearly not the basis of social capital outside the family

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Ramayana & Historical Rawana- Latest Book By Mr.N.C.K Kiriella


Prof.Madurasinghe's foreword to this new book….


Sri Lanka is at a point of transition. The resultant collective consciousness will provide an ideal platform to critically re-examine certain historical and cultural assumptions carried over the years and a willingness to open to a paradigm shift in thinking. It is natural when critical  scholarship progresses, new names, places, and traditions will emerge challenging hitherto accepted views. This is an inevitable aspect of growth and progress if we embrace them with a spirit of humility and transcend the barriers of petty partisan polemics.

 

This book ‘Ramayana & Historical Rawana’ edited by Mr.Neil Kiriella  is a valiant attempt to capture such new findings and bring in historicity to our legends aimed at the general public. This effort is indeed salutary and hopefully will lead to a lively debate and help untangle many webs woven around the pre- historical myths that have been passed down from generation to generation.

 

There is a growing body of emerging research to suggest that modern human beings evolved in South Asia, South-East Asia, and perhaps in South China. This challenges the widely held view that they originated inAfrica. This will drastically change the current views we hold about our pre -history.

Dr. Siran Deraniyagala, Former Commissioner of Archaeology , at a discussion held at the Hotel Sigiriya in Dec 2000, as well as at several lectures he delivered subsequently stated that as a result of radiocarbon- tests and excavations carried out in the recent years, the picture of our early civilisation is beginning to drastically change.

The discovery of cultivation of oats and barley, and herding about 10,000 years ago (initially at 17,000 B.P.) in the Horton Plains has given a totally new dimension to what has been known about the origin of farming and herding in the world. It has so far been assumed that it was West Asia, South-East Asia and East Asia, which formed separate cradles of revolution in the subsistence strategy. But now we have yet another nucleus – namely, South Asia.

 

This research was taken further by Dr. D.T. Hawkey of Arizona State University, where she used dental morphological traits to establish the genetic distance between populations. It is comparative work of the greatest value, and what she says is that these dental traits are genetically determined, and have nothing to do with environment. She has done comparative work not only on the Sri Lankan population but various Indian groups and further a field into West Asia and South-East Asia on the one hand, and Australia on the other. She has come up with important results on the genetic affinities of our prehistoric humans. This has confirmed the results of the earlier work done by Cornell University.

There is a large volume of  evidence to suggest that Sri Lanka was a major player on the world stage. WhileChina was still engaged in formative and destructive wars, Sri Lanka had great kings, great art and monumental works of irrigation and buildings. This little island was evidently on a par with ancient Greece, Ancient Rome and Egypt of the Pharaohs. Long before the Romans (400 BC), Sri Lanka had hydro spas, swimming pools, public baths with spray-jet showers, major irrigation reservoirs and hydro-engineering skills that worked accurately to a fall of one inch in one kilometre.

In the light of emerging evidence , it is also salutary that a vast of people have started to appreciate an ancient ruler who lived in Sri Lanka by the name of Ravana. This name became familiar to people from the story of Rama and Seetha in Valmiki's Ramayana, which is the oldest edition of Ramayana and is the source of all Ramayana that is relevant in various cultures .  King Kumaradasa who lived in the sixth Century AD authored Janakiharana which reflects the Rama-Seetha story that was popular among the masses.

 

Legend has it that  King Ravana was  a very learned and pious man, a wise, just and peaceful Ruler, a loving husband, a fond father & brother. A famous flutist & composer well versed in Vedas, Angas and Sastras. He is called Dasis Ravana which means the king with 10 great talents. He was a descendant of Surya Wansha and Hela Raskshasa tribe. (Ancient Sinhalese tribe) He was one of the best fighters in Angampora, the traditional martial arts of the people.

King Dasis Ravana was a great Scholar in Ayurvedic medicine. He was the person who invented Arka Shastra. The book Arka Prakshaya reveals this truth to the present world. He wrote several books revealing the cures for many diseases. In one book he wrote "Eating beef is the cause to infect ninety eight new diseases to human beings. The book "Kumara Tantraya" which reveals the treatments for infant diseases was written by him accepting the request of his pregnant queen Mandodari. 

In available records Ravana also emerges as a just ruler who governed the country very well. There was internal peace and no feud. He was the head of civil, judicial, military and spiritual administration of his vast and extensive realm. There was obedience not through fear but out of love for the safety of the peace-giving monarch. Harmony prevailed.

Legend also has it that Ravana had his abode on the summit of an awesome rock,  and that his kingdom ofLankapura surrounded it. It is said that the rock itself was used as a device rather like a sundial to calculate time in his kingdom. In ancient times this rock was known as Lanka Pabbata or Lankagiri, both of which mean Rock of Lanka.

Going down to the southern coast to Galle is another interesting place associated with the Rama and Sita legend. It is a mountain called Rhumassala Kanda. From the top of this mountain you get a panoramic view of the Galle harbour and its environs. On a clear day you could even see Adam's Peak, Sri Pada.

As the author skillfully navigates from ancient legends to historical sites and dwells on Brahmi scripts , Rock inscriptions and Asura Empire, you will surely find it a rich source of many challenging views that may appear contrary to what you have hitherto believed. That would then serve the purpose of the authors well indeed !! In Sri Lanka there is historical and archaeological evidences Rishi Thrunabindu, Rishi Pulasthi, Rawana and his dynasty. Taking all these into thought an attempt is made to indicate the incidents that meet recorded history. The reader may be puzzled by the differing theories of the origins and its analysis.”

 

 

Ramayana Research Team

Kings of Sri Lanka   

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Human Physiology and Veda


The Unified Field of Natural Law

From Prof.Tony Naders’ book: Modern science has located the home of all of the Laws of Nature as a Unified Field, which gives rise to and administers the entire universe through its own self-interacting dynamics. It describes this field as the unified source of the four fundamental forces of Nature, from which all force fields throughout the universe are derived.

The above diagram shows the four fundamental forces of Nature, from which all force fields emerge. Modern science has discovered that these fundamental forces are unified on the level of the Unified Field.

 

The Unification of the Four 
Fundamental Forces of Nature
is the Unified Field of Natural Law

This discovery is described mathematically by the Lagrangian of Superstring Theory, which presents the detailed structure of the Unified Field.

Maharishi’s Vedic Science identifies the Unified Field as an unbounded field of consciousness—an eternal, silent ocean of intelligence that underlies all forms and phenomena. This field of pure consciousness is the unified element in Nature on the ground of which the infinite variety of creation is continuously emerging, growing, and dissolving.

Maharishi has provided a profound account of how this purely abstract field expresses itself into material creation. In his description, he explains how fully awake, self-referral consciousness moves within itself, and in this self-interaction it unfolds its own, infinitely dynamic structure. This dynamic structure is the totality of all the Laws of Nature that create and administer creation; this same structure is found in the forty branches of Veda and the Vedic Literature.

Veda and the Vedic Literature in Human Physiology

This historical discovery is that the human physiology, including the DNA at its core, has the same structure and function as the holistic, self-sufficient, self-referral reality expressed in the forty branches of Veda and the Vedic Literature. He explains that each of the forty branches of Veda and the Vedic Literature can be located in both structure and function in the human physiology.

Vyakaran

For example, Maharishi describes Vyakaran as the branch of the Vedic Literature that embodies the expanding quality of self-referral consciousness. The tendency of Veda to sequentially elaborate itself—to unfold from its first syllable to the forty branches of the Vedic Literature—is expressed by Vyakaran. Raja Raam locates the similarity between this expansive tendency and the function of the hypothalamus. The hypothalamus releases factors that activate the pituitary gland, neurohypophysis, and the autonomic nervous system. These releasing factors represent the expansion necessary for the evolution of the endocrine and autonomic response, which leads to biochemical and physiological responses that bring the system to a new state of balance.

Structurally the Ashtadhyayi, the principle text of Vyakaran, is comprised of 8 Adhyayas (or chapters) of 4 Padas (a metrical unit) each, totaling 32 Padas. Similarly, the hypothalamus is comprised of 8 regions—anterior, posterior, middle, and lateral, right and left—with 4 nuclei each, making 32 nuclei, corresponding to the 32 Padas of the Ashtadhyayi. Raja Raam noted a correspondence between each Pada of the Ashtadhyayi and specific anatomical functions.

Vyakaran and the Hypothalamus

This diagram illustrates a cross section of the cerebral cortex and a highlight of the anterior hypothalamus areas, corresponding to the first and second chapters of Vyakaran. The 4 nucleii in each area correspond to the 4 divisions of each chapter. The other three chapters have been similarly correlated with different aspects of the hypothalamus.

Nyaya

A second example of the relationship between Veda and the human physiology is Nyaya, the branch of the Vedic Literature that Maharishi describes as the embodiment of the distinguishing and deciding quality of consciousness, which simultaneously comprehends opposite qualities of consciousness.

Nyaya corresponds functionally to the thalamus, which relays sensory inputs to the primary sensory areas of the cerebral cortex, conveying information about motor behaviour to the motor areas of the cortex. Structurally, there are 10 Ahnika (chapters) of the Nyaya Sutras, and 10 areas of the thalamus: rostral, medial, lateral, caudal, and intralaminar, each found on both sides of the brain. Furthermore, while the Nyaya Sutras describe 16 topics of reasoning (PramanaPrameya, etc.), the thalamus functions through 16 groups of cells called nuclei.

The first of the 16 areas of Nyaya (Pramana) corresponds to the first nuclear group of the thalamus called the pulvinar. Pramanahas 4 subdivisions—Pratyaksha (direct perception), Anumana(inference), Upamana (comparison), and Shabda (verbal testimony)—which correspond respectively to the 4 subdivisions of the pulvinar. The first subdivision connects the superior colliculus with areas of the cortex and is responsible for higher order visual integration—i.e. perception (Pratyaksha). The second connects the superior colliculus and the temporal cortex with areas of the cortex and of the temporal cortex. These areas are involved in functions such as vision, hearing, memory, and language—together they are at the basis of processes of inference (Anumana). The third part of the pulvinar connects the parietal cortical areas back with other parietal cortical areas, and is responsible for polymodal sensory integration. This area gives a higher order perception about sensory inputs in relation of one with the other, serving the function of comparison (Upamana). The fourth connects the temporal cortex with the superior temporal gyrus and is responsible for memory, language, and speech. This is the basis of verbal testimony (Shabda). The fifteen following categories of Nyaya are similarly linked to different aspects of the thalamus, in structure and function.

Nyaya in the Thalamus

In this diagram, we see (on the right) a view of the thalamus with its 16 nuclei. On the left, we see the names of the nucleii and the 16 aspects of Nyaya to which they correspond.

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