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Wilhelm Halbfass, philosopher and Indologist, is a committed participant in the dialogue between India and Europe, whose reflections on the Indian tradition and its Western perception are accompanied by reflection on and critical examination of the Western tradition. In this innovative combination of Indological research and philosophical-hermeneutical research in the history of ideas, he demonstrates a purpose more ambitious and a scope wider than Edward Said's who constructed the Western study of the so-called Orient as an attempt to deprive it of its identity and sovereignty, and who perceived the pursuit of Oriental Studies in Western universities to be an extension of a fundamentally political will to power and domination. Without denying the domination of the dialogue between India and Europe by the West, Halbfass goes beyond that to show a different way of approaching Indian thought; he strives to establish the presuppositions and prerequisites that would make a true dialogue and mutual understanding between Indian and Western intellectual cultures possible. The papers in the present volume originate from twenty-three scholars of Indology, philosophy, religious studies, comparative theology, classics, folkloristics and political theory, working in eleven countries spread over three continents. They address central issues of Halbfass' work; his critical responses to them commence with an extensive essay in which he assesses in a masterly manner the state of Indian studies almost twenty years after the publication of Said's Orientalismz.
This book addresses theoretical problems concerning legal evidence. The concept of evidence is expected to fulfill a number of distinct roles in science and philosophy, but also in legal theory and law, some of which are complementary, while others are conflicting. In their profession, lawyers have to deal with evidence and proof. Yet the legal concept of evidence is constantly changing, and the debate concerning the distinction between a legal concept of evidence, the ordinary concept of evidence and the concept of evidence in science is far from being settled. What is more, the problem of evidence is central to both epistemology and the philosophy of science, and by extension to our academic thinking on law. In short, legal theorists’ interest in evidence may include such diverse objects as a bloody knife, sensory data, linguistic entities or psychologically recognized beliefs. The book surveys selected theoretical roles that the concept of evidence plays and explores their relations and interconnections. The content is divided into three parts, investigating: (1) evidence in epistemology and the philosophy of science, which focuses on evidence methodologies and the problem of proof in legal scholarship; (2) evidence in legal theory and legal philosophy, where particular attention is paid to the interplay between evidence, legal reasoning and the binding force of such reasoning; and (3) evidence in law, where theoretical problems pertaining to witnesses, expert opinions, explanations of the accused, statistical evidence and neuroscientific evidence are examined.
From Old Times to New Europe considers the post-totalitarian legal framework in today's Europe, arguing that the study of totalitarianism and post-totalitarianism continues to be significant as ever. Drawing mainly on the Polish experience, this analysis focuses on the significant part played by history in the development of the region's identity and preferences concerning the role of the state in public and private life. It examines the political, socio-economic and legal aspects of key events and draws comparisons with other CEE states, whilst implementing key socio-legal theories to explain trends and strains in this post-Communist and post-totalitarian period. With the benefit of access to archival sources in Poland and Russia, this book will be of interest to students and researchers of European law, law and society and international criminal justice.