Adhikāra and rights

As already observed, there is no straightforward equivalent to “rights” in Mīmāṃsā deontic (and this is normal and good, since the deontic townscape is not a given fact, but a human construct and is therefore differently articulated), but there are certainly functional equivalents covering parts of the semantic field of “rights”.

One of them is adhikāra. Possible differences:

  1. adhikāra is generally a vox media (you have the adhikāra to do X, which does not necessarily mean that X is a good thing), unlike “right” (where generally having the right to do X is a good thing).
  2. adhikāra might imply duty, whereas rights don’t (you may have the right to remain silent, and this does not imply that you ought to remain silent). For instance, for Prabhākara if you have the adhikāra to perform a given sacrifice, you also have the responsibility to carry it out. However, it is not so in Kumārila or Maṇḍana, where the additional obligation to perform fixed rituals descends from their fixedness (nityatva), not from the adhikāra, as proven by the fact that no such obligation follows in the case of elective rituals (kāmya).
  3. adhikāra is connected to ability (sāmarthya), whereas this does not apply to rights, which can instead ground the need of ability being ensured. For instance, if you have the right to go to school but cannot physically move, (in an ideal case) your government will provide you with the devices needed to let you attend school etc. By contrast, adhikāra presuppose ability, in the sense that unless there is ability to do X, there is no adhikāra to do it. Since adhikāra is a vox media, this might be a good thing after all. For instance, if you don’t have the adhikāra to do something difficult to get A, you will be allowed to do something easier instead. Please notice also that Śabara helpfully distinguishes the lack of an external (bahirbhūta) ability (sāmarthya), which is temporary and does not affect the adhikāra (for instance, you don’t lose your adhikāra if you temporarily run out of ghee or are too poor to perform a given sacrifice), and intrinsic (ātmavṛtti) ability (śakti), in the absence of which there is no adhikāra. Much to my disappointment, this distinction is not kept by later authors.

Reconstructing the Mīmāṃsā townscape

I have been working for years on reconstructing the deontic landscape of Mīmāṃsā, but at this point I realise that “landscape” might be a misleading metaphor.

In fact, Mīmāṃsā authors were not just describing a natural scenario. They engineered a highly sophisticated system, with bridges connecting different actions and sewage systems to get rid of unwanted left-overs.

That’s why even though new Mīmāṃsā authors might change the flag on the top of the hill (as Maṇḍana did) or some particular aspect here and there, they were cautious not to jeopardise such a carefully engineered system.

For instance, when it comes to subordination, the only real options are Kumārila’s viniyoga system and Prabhākara’s upādāna. Other authors substantially follow the one or the other.

Rights in Mīmāṃsā and further steps in mapping the deontic horizon—Updated

I have been working for years on mapping the deontic space of Mīmāṃsā authors. In order to do that, I tried to find a balance between systematicity, for the purpose of which I need as many information as possible and I often take whatever I can from whatever source, including many different authors, and historical attention to individual authors.

In order to strike this balance, I tend to assume that by default the same deontic concepts are shared by all authors, unless and until the opposite is proven, either because someone has an explicitly competing theory (e.g., Maṇḍana’s iṣṭasādhanatā) or because they de facto do something different (like Medhātithi’s approach to permissions if compared to Kumārila’s).

This ongoing attempt has led my coauthors and myself to understand some basic elements applying to all deontic concepts, such as their dyadic nature (each command is always of the form O(x/y) and not just O(x) or F(x)). We also examined the non-identity relation between prohibitions and obligations (in short: F(x/y) is not tantamount to O(~x/y), but an ideal system will not have F(x/y) and O(~x/y) ceteris paribus) and that between permissions and other commands (again P(x/y) is not tantamount to ~F(x/y), but P(x/y) presupposes a previous either O(~x/T) or F(x/T), with T being more general than y). In other words, if something is permitted it means that one would naturally be inclined to do it, but that its performance had been prohibited (or that refraining from it has been prescribed). The state of affairs of something being already available to one as something one is inclined to do is generally captured by the expression “prāpti“. So, there is a permission only with regard to something prāpta and niṣiddha (or the opposite of which has been vihita). Furthermore, the analysis of permissions as being always “better-not” permissions has also made us able to discuss supererogations, which occur when, although a permission to do x is present, one still avoids doing it.

Now, some authors have suggested that P(x) with no prior negative obligations or prohibitions is needed because of making sense of rights. This led me to think about rights and their seeming absence in the deontic landscape of Mīmāṃsā and Dharmaśāstra authors. The starting point is that we should not expect the same concepts to be present in each deontic landscape. Hence, we shouldn’t be looking for an equivalent of a given concept in a different setting. Rather, we should be looking at the different systems that each deontic author construes. In Mīmāṃsā, there are no “rights” as Euro-American authors know them (and, after all, this might be a good idea and we may suggest that the category of “rights” is muddy and unclear!), but there are other concepts that are times overlapping. One of them is the idea of adhikāra.

This is discussed at length in relation to rituals in the context of PMS 6.1 and its commentaries and sub-commentaries. Basically, Śabara etc. observe that adhikāra presupposes ability, but have then to explain that temporary inability does not infringe on adhikāra. In this context, they speak of an external (bahirbhūta) inability (like, being poor or having a sprained ankle) and an intrinsic (ātmavarttin) one, which blocks the adhikāra (like an inborn disability). They seem to oppose therefore śakti (for the intrinsic ability) and sāmarthya (that can be temporary).

UPDATE (thanks to MS for raising the issue): Another thing that we have not looked into yet are the various types of prescriptions (utpatti-, viniyoga-, adhikāra– and prayogavidhi) and how they behave deontically.

Maṇḍana on sacrificial duties

Maṇḍana’s theory of commands centers around his attempt to reduce them to statements of instrumentality. Commanding to X to do Y would amount to say that Y is the instrument to realise a goal of X. Maṇḍana establishes (in his eyes) this point in the first part of the siddhānta within one of his masterpieces, the Vidhiviveka ‘Discrimination about Commands’. This consists in some verses and a very extended autocommentary thereon. The first part of the Vidhiviveka covers objectors, the second one (the siddhānta) opens with six verses and commentary explaining this view.

However, Maṇḍana then has to harmonize this point with the pre-existing Mīmāṃsā account of duties distinguishing between three sets of sacrifices, namely:

  1. —nitya karman ‘fixed sacrifice’, to be performed regularly (typically each day), no matter what, but where a performance yathāśakti ‘as much as one can’ is acceptable.
  2. —naimittika karman ‘occasional sacrifice’, to be performed whenever the occasion arises (e.g., an eclypse or the birth of a son). As in the above case, yathāśakti performance is acceptable.
  3. -kāmya karman ‘elective sacrifice’, to be performed only if one wants their results and which needs to be performed exactly as prescribed (yathāvidhi or yathānyāya), no relaxing of the norms allowed.

Once a sacrifice has been undertaken, even if it is kāmya, its completion becomes compulsory and the way of such completion remains yathāvidhi in the case of kāmya sacrifices.
How can this difference be kept if all commands are nothing but statements about instrumentality? Would not a statement about instrumentality correspond only to the kāmya category?

Maṇḍana dedicates to this problem the next verses and commentary of his Vidhiviveka, where he examines several possibilities. The main constraints, are, again, keeping the distinction between nitya/naimittika sacrifices on the one hand and kāmya sacrifices on the other hand, as well as the distinction between yathāśakti and yathāvidhi modes of performance. He therefore explores multiple possible understanding of śakti ‘ability’, phala ‘result’ and adhikāra ‘eligibility, especially in conversation with Prābhākara Mīmāṃsā interlocutors insisting on how all sacrifices are compulsory and how the mentions of result found in conjunction with kāmya rituals is only a way to identify the adhikārin ‘eligible person’ for their performance. For instance, which kind of result could make it possible for a command about a nitya karman to lead one to perform the sacrifice every single day? Are there really results that are always desired? And even if such a result could be found, why would one need to keep a distinction in the yathāśakti and yathānyāya performance? If all sacrifices are instruments to realise a certain result, why would some of them need an accurate performance and other not so? The situation is further complicated by the presence of elective sacrifices prescribed to people ‘who desire heaven’ (svargakāma). In which sense are they different from nitya sacrifices, that also lead to heaven?

Unfortunately, the Vidhiviveka is characterised by a terse style, to say the least. Maṇḍana was probably so much into the topic that at times he seems to take important intermediate passages for granted and just leaves the reader wonder. Fortunately, a more generous commentator, Vācaspati, solves most of the doubt and adds further interesting discussions in his Nyāyakaṇikā.
Last, Sanskritists and philosophers of duty have a duty of gratitude to Elliot Stern, who created the first critical edition of the text, including also its previously unpublished commentaries.

Curious to know more? We will discuss chapters 12–14 of the Vidhiviveka in this workshop: https://philosophy.utoronto.ca/event/workshop-maṇḍana-on-ritual-duties/

Prescriptions in Kumārila, Uṃveka, Maṇḍana

Maṇḍana’s thesis of iṣṭasādhanatā is an answer to the problem of how to identify the core of a prescription. What makes people undertake actions? Kumārila’s śabdabhāvanā (‘linguistic urge’) theory and Prabhākara’s kāryavāda (‘theory about duty [being the motivator]’) had already offered their answers.

Kumārila’s theory had two pillars:

  • 1. a theory of rational behaviour being always goal-oriented,
  • 2. a strong hermeneutic basis linked to the analysis of prescriptive language.

In the 2. analysis, exhortative verbal endings are analysed as entailing a verbal part (tiṅ) and an exhortative part (liṅ). The former express the action (bhāvanā), the latter express the injunction (vidhi/śabdabhāvanā). And any action needs three components, namely something to be brought about by the action (bhāvya), an instrument to bring it about (karaṇa) and a procedure (itikartavyatā), which is equated to the instrument’s instrument. bhāvanā, vidhi, bhāvya, karaṇa and itikartavyatā are all conveyed by the Vedic prescriptive sentence, but are they conveyed *qua* bhāvanā etc.? The answer is clearly affirmative for bhāvanā and vidhi, which are directly conveyed by tiṅ and liṅ respectively. By contrast, bhāvya, karaṇa and itikartavyatā might need the application of some further investigation on the part of the knower, who will need to apply hermeneutical rules (nyāya) to correctly interpret the sentence and link the bhāvya to the word mentioning the eligible person and the karaṇa to the meaning of the verbal root.

The first pillar (1) is taken up by Maṇḍana.
In fact, Maṇḍana expands on Kumārila’s intuition about human behaviour being always goal-oriented by offering a radical reductionist hypothesis. According to this hypothesis, being a motivator is nothing but communicating that the action to be undertaken is an instrument to some desired result. In this sense, prescribing X to people desiring Y is *nothing but* explaining that X is the means to achieve Y. The “nothing but” part of the definition is key to distinguish Maṇḍana’s position from Kumārila’s. Also for Kumārila a prescription presupposes that one understands that the prescribed action will lead to something independently desired.

Now, I am grateful to Sudipta Munsi, who recently made me read Uṃveka’s commentary on ŚV codanā 214, where Uṃveka rejects a view that seems a proto-version of Kumārila’s one, since it speaks of bhāvanā, of a desired bhāvya and of the meaning of the verbal root, but without mentioning the fact that this conveys the karaṇa. In this proto-Kumārila view, the prescriptive sentence impels (pravṛt-), but since one might doubt this impulsion, it implies (ākṣip-) a bhāvya in the form of something desirable and therefore orients the listener’s understanding to move past the meaning of the verbal root towards the identification of something really desirable. Uṃveka does not use the verb abhidhā- ‘directly denote’, but says that the prescriptive sentences conveys (avagam-) this meaning. The doubt (āśaṅkā) about the impulsion seems to be the reason for the implication (ākṣepa). Uṃveka does not frame this as a case of śrutārthāpatti (postulation of a linguistic element based on cogent evidence), because ākṣepa performs almost the same role (but without the postulation of an explicit linguistic unit, which remains implied).
Uṃveka contrasts to this view his own (vayaṃ tu brūmaḥ), according to which a prescriptive sentence first conveys an impulsion (preraṇā) and then (uttarakālam) conveys (pratī-) a desired goal. Here, there are important points that appear to be influenced by Maṇḍana (please remember that Uṃveka commented on Maṇḍana’s Bhāvanāviveka):

  • The mention of the destruction of accumulated bad karman as the desired result for fixed sacrifices
  • The connection between impulsion and the fact that the action impelled leads to a desirable goal

However, unlike in Maṇḍana, Uṃveka distinguishes impulsion (preraṇā) from the fact of being the instrument to a desired goal, whereas Maṇḍana’s main claim is that the two are completely identical. Uṃveka is possibly the first person mentioning the temporal sequence linking impulsion and the understanding (pratī-) of something as a desirable goal. Like in the discussion of the proto-Kumārila view, Uṃveka does not use the word abhidhā, but he says that the prescriptive content is conveyed (avagam-).

Pārthasārathi (another commentator of Kumārila) de facto embedded Maṇḍana’s view of iṣṭasādhanatā, i.e., the prescribed action is an instrument to a desired result, as part of Kumārila’s śabdabhāvanā theory, more precisely as its procedure (itikartavyatā).

This was just a quick summary. Specifications or corrections are welcome.

Sāṅkhya on śyena

The Sāṅkhya reached its acme before Mīmāṃsā and its position is therefore attacked as a useful departure point for deontic discussions, especially around the case of the śyena in Mīmāṃsā texts (in the following, I will refer to its representation in Veṅkaṭanātha’s TMK).

Interestingly, although the school accepted the authority of the Vedas, Sāṅkhya authors did not insist on their being necessarily consistent and instead highlighted that the prohibition to perform violence should not be overturned, not even in case of sacrificial violence. Accordingly, they understand the sequence:

  • 1. One should not perform violence on any living being
  • 2. If one desires to harm one’s enemy, they should sacrifice bewitching with the śyena

as implying that 1. invalidates 2. Interestingly, Sāṅkhya authors are ready to go as far as stating that this applies also to the following sequence:

  • 1. One should not perform violence on any living being
  • 3. One should sacrifice an animal within the agnīṣomīya sacrifice

Whereas all Mīmāṃsā authors agree that 2. should not be fulfilled (but out of different reasons than the one put forward by Sāṅkhya authors), no one among them would agree in extending this position to 3.

Sāṅkhya authors are therefore presupposing that Vedic commands do not necessarily form a consistent whole and, more importantly, that prohibitions are \emph{unrestricted in their application} (see TMK 5.78). This is connected to a point we will see developed by Maṇḍana, namely the incommensurability of the bad. Transgressing a prohibition involves accumulating pāpa, i.e., bad karman, and this bad output cannot be compensated by any good result one might gather. Prescriptions contrasting with prohibitions are automatically suspended, since prohibitions are unrestricted and always prevail. Only prescriptions not contrasting with prohibitions are valid.

Why do people respond to commands?

Why do people obey to commands? Because they are immediately inclined, in a behaviourist way, to obey? Or because they realise that the action commanded is an instrument to the realisation of a coveted goal? Or are there further explanations?

This question has been debated at length in Sanskrit philosophy, oscillating especially among three main positions. I discussed these positions with some accuracy in previous posts, but this time I would like to try a bird-eye view about what is at stake.

On the one side, Maṇḍana claimed that the only motivator for undertaking actions is the awareness of the fact that the action to be undertaken is the means to obtain a desired goal. On the other, Prabhākara’s followers claimed that we immediately obey to commands because we feel enjoined, and only later analyse what is being asked and why. The role of the mention of the listener’s desire in commands such as “If you want to lose weight, try this shake!” is not meant to say that the enjoined action is an instrument to realise the desired output. Rather, the mention of the desire is meant for the listener to understand that they are the person addressed by the prescription. It picks up the person, who immediately relates with their own desires, but does not describe the existence of an instrumental relation between enjoined action and result. The last position can be connected to Bhartṛhari’s pratibhā theory. As depicted by Maṇḍana, this is a general theory about meaning, which includes both commands and descriptive sentence. According to it, human as well as non-human animals have innate inclinations which make it possible for them to perform activities they could have never learnt but are still able to perform, such as swimming or breastfeeding in the case of a baby. The pratibhā theory can be extended to commands which one would respond to because of an innate inclination.

Maṇḍana’s theory has the clear advantage of being a reductionist theory. By following it, one does no longer need an ad hoc semantic theory for commands, which can be reduced to descriptive sentences explaining the relation between the action enjoined and the expected output. Similarly, Maṇḍana provides a single theory covering all aspects of motivation to act, both in the case of commands and in the case of autonomous undertakings of action. In all cases, one is motivated to act because one thinks that the action is the instrument to get to the expected result. What are the disadvantages of this theory? First of all, Prābhākaras have a point when they describe our first response to commands. We immediately feel enjoined even before starting to analyse the action we have been required to perform. Secondly, Maṇḍana’s theory might have problems when it comes to people who know what would be best for them, but still don’t act. Can this all be explained just in terms of desires and instruments?

As declared at the beginning, the above is my attempt to give a short overview of the debate. Comments are welcome!

Maṇḍana’s intellectual theory of motivation

Maṇḍana’s thesis is an answer to the problem of how to identify the core of a prescription. What makes people undertake actions? Kumārila’s śabdabhāvanā theory and Prabhākara’s kāryavāda had already offered their answers. Maṇḍana expands on Kumārila’s intuition about human behaviour being always goal-oriented by offering a radical reductionist hypothesis. According to this hypothesis, being a motivator is nothing but communicating that the action to be undertaken is an instrument to some coveted result. In this sense, prescribing X to people desiring Y is nothing but explaining that X is the means to achieve Y.

This cognitive interpretation of what motivates one to act could be accused of intellectualism. What about agents who, though understanding that X would be the appropriate course of action, do not undertake it, perhaps out of sloth?

A possible answer is that Maṇḍana’s theory describes the behaviour of ideal agents, who are able to evaluate rationally what is the best means to a coveted goal. Alternatively, one might suggest (as hinted at at the end of section 11.2) that even such irrational people would be impelled to act, even if they then do not physically undertake any act. The iṣṭasādhanatā is a motivator even for them, although they do not act correspondingly. One might think of the comparable case of someone who intensely desires an ice-cream and comes to know that great ice-creams are available in a given part of the city. They are ready to go there, but undergo an accident and are prevented from going. Although they do not practically act, the knowledge about the ice-cream shop did act as motivator for them.

Correspondingly, pravṛtti is used as a synonym of prayatna `effort’ and indicates the undertaking of an activity, not yet its realisation. Similarly, a person said to be pravṛtta is one who has already conceived the decision to undertake an action, although no movement can be seen yet.

A preliminary understanding of pratibhā

Within chapter 11 of his masterpiece, the Vidhiviveka `Discernment about prescription’, Maṇḍana identifies the core element which causes people to undertake actions. Maṇḍana expands on Kumārila’s intuition about human behaviour being always goal-oriented by offering a radical reductionist hypothesis. According to this hypothesis, being a motivator is nothing but communicating that the action to be undertaken is an instrument to some coveted result. In this sense, prescribing X to people desiring Y is nothing but explaining that X is the means to achieve Y.

At this point, Maṇḍana introduces some opponents, mainly one upholding pratibhā.

The term pratibhā is found in Bhartṛhari, whom Maṇḍana extensively quotes in chapter 11 of his Vidhiviveka. It is clear that Maṇḍana suggests the pratibhā as an alternative way of making sense of what motivates people to act. In this sense, pratibhā is a pravartaka `motivator’, something causing one to act. It is the key alternative to Maṇḍana’s own proposal that the knowledge that the enjoined action will lead to a desired result is what causes people to act. The pratibhā theory radically opposes this one.

In fact, Maṇḍana’s theory is primarily cognitive (you act with regard to X because you know something relevant about X), whereas the pratibhā theory is almost behaviourist (you act with regard to X because of the pratibhā inducing you to act).

The Prābhākara opponent within Maṇḍana will later appropriate this theory and join it with their own deontological understanding, according to which we act primarily because we are enjoined to do so, thus adding a deontological nuance which was absent in Bhartṛhari’s view of pratibhā.

But what is pratibhā before its Prābhākara reinterpretation? A key passage for the understanding of the pratibhā theory in Maṇḍana before its Prābhākara appropriation is the very sentence introducing it, at the beginning of section 11.3. There, the opponent suggests pratibhā as the thing causing one to undertake an action. An uttarapakṣin asks which kind of artha this is and the answer is at first sight surprising: It is no artha at all (na kaścit). What is it then? It is a cognitive event (prajñā) leading to action.

The point seems to be that there is no mental content, but only the urge towards acting. The pratibhā is a mental state without intentional content.

A further hint is found at the beginning of 11.5, where Maṇḍana responds to the paradox that the pratibhā cognition has no object, but it causes activity. This results, says Maṇḍana, in an undesirable consequence. In fact, if in the case of pratibhā the cognition of the connection between word and meaning plays no role, because the pratibhā has no intentional content, a person hearing a prescription should act independently of any cognition of the meaning.

But can we have purely agentive mental states? Can there be incitement to action without any content?

I am grateful to Hugo David for an inspiring talk on pratibhā back in 2018. This interpretation should, however, not be blamed on him. Similarly, I am always grateful to Elliot Stern for his edition of the Vidhiviveka and for the work we shared in the last 12 months.