Aum Gung
Ganapathaye Namah
Namo tassa bhagavato arahato samma-sambuddhassa
Homage to The Blessed One, Accomplished and
Fully Enlightened
In the name of Allah, Most Gracious, Most
Merciful
Law
A Collection of Articles, Notes and References
References
(Revised:
References Edited by
An Indian Tantric
What’s in a name? That
which we call a rose
By any other name would smell as sweet.
- William Shakespeare
Copyright © 2002-2010 An
Indian Tantric
The following educational writings are STRICTLY for
academic research purposes ONLY.
Should NOT be used for commercial, political or any
other purposes.
(The following notes are subject to update and
revision)
For free distribution only.
You may print copies of this work for free
distribution.
You may re-format and redistribute this work
for use on computers and computer networks, provided that you charge no fees for its
distribution or use.
Otherwise, all rights reserved.
8 "... Freely you received, freely give”.
- Matthew 10:8 :: New American
Standard Bible (NASB)
1 “But mark this: There
will be terrible times in the last days.
2 People will be lovers of themselves, lovers of money, boastful, proud, abusive, disobedient to their
parents, ungrateful, unholy,
3 without love, unforgiving, slanderous, without self-control, brutal, not lovers of the good,
4 treacherous, rash, conceited, lovers of pleasure rather
than lovers of God—
5 having a form of
godliness but denying its
power. Have nothing to do with them.
6 They are the kind who worm their way into homes and gain control over weak-willed women, who are loaded down with sins and are swayed by all
kinds of evil desires,
7 always
learning but never able
to acknowledge the truth.
8 Just as Jannes and Jambres opposed Moses,
so also these men oppose the
truth--men of
depraved minds, who, as far as
the faith is concerned, are rejected.
9 But they will not get very far because, as in the case of those
men, their folly
will be clear to everyone.”
- 2 Timothy 3:1-9 ::
New International Version (NIV)
6 As
he saith also in another place, Thou art a priest for ever after the order of Melchisedec.
- Hebrews 5:6 :: King James
Version (KJV)
Therefore,
I say:
Know your enemy and know yourself;
in a hundred battles, you
will never be defeated.
When you are ignorant of the enemy but know yourself,
your chances of winning or
losing are equal.
If
ignorant both of your enemy and of yourself,
you are sure to be defeated in every battle.
-- Sun Tzu, The Art of War, c. 500bc
There are two ends not to
be served by a wanderer. What are these two? The pursuit of desires and of the pleasure which springs from desire,
which is base, common, leading to rebirth, ignoble, and unprofitable; and the pursuit of pain and
hardship, which is grievous, ignoble, and unprofitable.
- The Blessed One, Lord Buddha
Contents
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A Brief Word on Copyright
References
Educational Copy of Some of the References
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A Brief
Word on Copyright
Many of
the articles whose educational copies are given below are copyrighted by their
respective authors as well as the respective publishers. Some contain messages
of warning, as follows:
Republication or redissemination of the contents of this screen are
expressly prohibited
without the written consent of “so and so”.
According
to the concept of “fair use” in US copyright Law,
The reproduction,
redistribution and/or exploitation of any materials and/or content (data, text,
images, marks or logos) for personal or commercial gain is
not permitted. Provided the source is
cited, personal, educational and non-commercial use (as
defined by fair use in US copyright law) is permitted.
Moreover,
I
believe that satisfies the conditions for copyright and non-plagiarism.
References
Some of
the links may not be active (de-activated) due to various reasons, like removal of the
concerned information from the source database. So an educational copy is also
provided, along with the link.
If the
link is active, do cross-check/validate/confirm the educational copy of the
article provided along.
References
Caruso,
David B. (Friday,
http://www.lasvegassun.com/sunbin/stories/nat-gen/2002/oct/11/101106260.html (De-activated
link)
http://www.sacbee.com/24hour/nation/story/571718p-4481126c.html (New link)
Kang,
Bhavdeep.,
Srikanth, B.R. and Priyanka
Kakodkar. (
http://www.outlookindia.com/full.asp?fodname=20021125&fname=Judiciary+%28F%29&sid=1
Laxman. Cartoon: You Said It.
Laxman. Cartoon: You Said It.
Islamic Criminal Law
http://saif_w.tripod.com/explore/crime/islamic_criminal_law.htm
National Human Rights Commission,
http://www.nhrc.nic.in/faq.htm#Can%20the%20complaint%20be%20in%20any%20language?
Public Interest Litigation
Introduction
http://www.helplinelaw.com/docs/pub-i-litigation/index.php
When Can a Public Interest Litigation be Filed?
http://www.helplinelaw.com/docs/pub-i-litigation/01.php
Who Can File a Public Interest Litigation?
http://www.helplinelaw.com/docs/pub-i-litigation/02.php
Supreme Court of
http://supremecourtofindia.nic.in/new_s/juris.htm
The Law's Hall of Fame
http://www.duhaime.org/hallfame.htm
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Educational Copy of Some of the References
FOR EDUCATIONAL PURPOSES ONLY
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Reference
Caruso,
David B. (Friday,
http://www.lasvegassun.com/sunbin/stories/nat-gen/2002/oct/11/101106260.html (De-activated
link)
http://www.sacbee.com/24hour/nation/story/571718p-4481126c.html (New link)
Judges try
humiliations to fit the crime
By DAVID B. CARUSO,
Associated Press
Published
PHILADELPHIA (AP) -
Faced with an unending stream of unrepentant crooks, vagrants and addicts who
shrug off short jail terms and scoff at probation, a small number of judges are
returning to an old weapon in the war
on crime: shame.
From the South
Carolina judge who forced a man convicted of battery to carry a sign that read "I beat women," to the Ohio judge who sentenced two men who tossed bottles at a
woman's car to dress in women's
clothing, jurists have tried a variety of punishments intended to shame convicts
into contemplating their crimes.
"The
idea is that you are trying to rehabilitate someone, if in no other way than by
reminding them and the community what they have done," said Mark Bergstrom, executive director of Pennsylvania's Commission
on Sentencing.
County coroner
James F. Kelley called the sentence, "a slap to the memory of that
child" and said Scott Kinney's presence in the cemetery would be
disruptive.
"So far, he
hasn't shown any remorse whatsoever," Kelley said. "The judge seems
to feel that maybe having him go there and see the marker will make him think
about what he's done, but I'm leery. I don't think it's going to happen."
Kinney, 28, also
served 204 days in jail while awaiting trial. His former girlfriend was
convicted of murder for drowning the baby after giving birth.
This month a
"I was hoping
it would be a deterrent," said District Attorney Gary F. Dobias.
"I hoped that if he had a chance to interact with these officers, he would
realize the danger he was putting them in when he fled."
Earlier this month,
Some
of the cases have grabbed headlines and won praise, but lawyers and some experts say trying
to embarass someone into reform can be risky.
Robert Sadoff, a psychiatry professor at the University of
Pennsylvania, said research has shown that prisoners
subjected to shaming tactics often react by becoming more violent. Other people punished in
humiliating ways can be left embittered and likely to re-offend, he said.
"I
don't think you can really manufacture remorse," he said. "It has to come from
within."
Charles has tried
creative approaches before, once ordering a
woman to wear a badge that said "convicted shoplifter." The Superior Court overturned the sentence in June, ruling the badge
had no value in the woman's rehabilitation.
"In that case,
it didn't really help to rehabilitate her. She had a drug problem, and that is
why she shoplifted," said the woman's attorney, Scott Stein.
"I remember
hearing in the 1980s about judges sentencing drunken driving defendants to work
as volunteers in hospital emergency rooms," he said. "It strikes me that shaming somebody like that
is on some level an act of revenge ... but it could also be a sign that
the judge is saying, 'Can I do something that
can turn this person's life around?'"
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Reference
Kang,
Bhavdeep.,
Srikanth, B.R. and Priyanka
Kakodkar. (
http://www.outlookindia.com/full.asp?fodname=20021125&fname=Judiciary+%28F%29&sid=1
Outlook Magazine |
Nov 25, 2002
JUDICIARY
Judgement Day
Should judges be
judged? The answer, in view of allegations of misconduct, is obvious. The
debate is on how to do it.
BHAVDEEP KANG
Three years after
the conference of chief justices resolved to adopt a code of conduct for the
higher judiciary, recent charges of misconduct by
judges of various high courts have once again focused attention on the need for
a strong dose of judicial accountability.
The charges are
serious enough—from sexual harassment to
carousing in a restaurant to nepotism—to have prompted
Supreme
Under the Peruke
Court Chief Justice G.B. Pattanaik to conduct
independent inquiries into all the allegations. If personally satisfied that there is a prima facie case, he says he
may even ask the concerned judges to resign.
While Justice Pattanaik (see interview) believes that the Supreme Court's
in-house procedure for dealing with such cases is adequate, many legal experts
feel Parliament must enact a law to make the code of conduct for judges
mandatory. Says former CJI A.S. Anand: "Judges are accountable to one billion people. With that in view, a committee of SC judges drafted a code of conduct
(Restatement of Values in Judicial Life) which was adopted by all the high
courts.
A.S. Anand, an ex-CJI who faced allegations, is all for a formal
law that screens bogus charges.
We also drafted a
procedure for dealing with judges who flouted the code. This, too, was
accepted. But no statutory base has yet been accorded to the code, despite
representations to the government."
The need for a
mandatory code of conduct
is felt when one weighs the latest allegations of judicial
misconduct:
Within the existing
parameters, says former Union law minister and eminent Supreme Court lawyer Shanti Bhushan, the present CJI
is doing just what the doctor would order. "He has said he'll conduct
independent inquiries (in the Rajasthan and Karnataka incidents) and if
satisfied prima facie that there is a case, he'll ask for the judges'
resignations. If they don't oblige, he will resort to constitutional
provisions, which means he'll write to the government for initiating
impeachment proceedings."
But, according to
lawyer Prashant Bhushan,
the real test for the CJI (and the voluntary code of conduct) will be the
Punjab & Haryana High Court case in which three
judges were accused of nepotism. The first part of the in-house procedure has
already been followed, with former CJI B.N. Kirpal
having received a report from the
Former CJI S.P. Bharucha had estimated the
extent of corruption in the judiciary as being 20 per
cent. Says Justice Michael Saldahna of the Karnataka
HC: "My reading is that it is 33 per cent." More important than the
actual incidence of corruption, he says, is the
public's perception of the judiciary. Says he: "In
the
Anand maintains the voluntary code in itself is not
enough and that legislative sanction for it is long overdue. "The time has
come for the government to take steps, so that some action—apart from
impeachment—is possible." While the details need to be worked out, he says
complaints must be on the basis of an affidavit and the judge must be given a
fair hearing.There could also be an investigative
agency manned by the judiciary to assist the CJI in his inquiry.
Justice Saldahna agrees that a constitutional amendment setting up
a statutory body—"say, like the Central Vigilance Commission, with retired
CJIs"—is desirable. He created a furore among his colleagues when he said the judges who are
currently under a cloud for public misconduct should clear the air. "If
these allegations are true, they would erode the confidence of the bar and
litigants, making it impossible for the (judge) to continue functioning,"
said Justice Saldahna.
Formulating a
statutory procedure for dealing with complaints against the judiciary is useful
for the judges as well, says Anand. "It is easy
for some disgruntled litigants to make allegations that can damage the image of
a judge. So, it is in the interests of judges and also the institution that
there is some mechanism by which complaints are looked into. If proved
baseless, the person levelling the charges will be
held accountable." Credibility
is a judge's greatest asset, he points out. To maintain it, all allegations must be probed.
In fact, Justice Anand was himself at the receiving end of charges of
judicial misconduct, regarding land deals in j&k
and Madhya Pradesh, but never defended himself publicly. The eminent SC
advocate Shanti Bhushan had
written to the President, prime minister and judges of the SC alleging that the
then CJI had compromised his judicial integrity during his tenure in the j&k High Court. Nothing came of it, but the Committee
On Judicial Accountability (coja), comprising eminent
members of the Bar like Shanti Bhushan,
Indira Jai Singh and Ram Jethmalani
as well as former members of the Bench like V.M. Tarkunde
and Rajinder Sachar,
pointed out that there was no credible
mechanism to inquire into complaints against the higher judiciary.
The coja proposed the setting up of a National Judicial
Commission (njc) through an Act of Parliament to deal
with misconduct by judges (as well as appointments). It would comprise five
members appointed respectively on the recommendation of all the sitting judges
of the SC, all the chief justices of the high courts, the cabinet, the leader
of the Opposition and the Bar Council of India. The njc
would have an investigative machinery under its
administrative control and its recommendations would be mandatory. The proposal
cited Parliament's refusal to impeach SC justice V. Ramaswami,
even after a committee of his fellow judges had found him guilty of misconduct
and urged his impeachment.
Says former
The
government has no role to play, either as investigator or enforcer, because of
the immunity enjoyed by the higher judiciary, no member of which can be
investigated without the sanction of the CJI. And such a
sanction has never been sought, with the government preferring to leave such
sensitive matters to the CJI. "While
we may hear of serious complaints against a particular justice and even get to
see copies of the complaints, we have no power to pursue them," says a senior law ministry official.
At
times, it is the government that dilly-dallies. Law ministry sources cite the
case of a Rajasthan HC judge
twice accused of aggressive homosexual behaviour.The CJI
was satisfied that the charges were prima facie true. But when he wrote to the
central government recommending impeachment, he was asked to re-examine the
matter to be sure the case was watertight and no re-enactment of the Ramaswami case would occur. The case was passed on from one
CJI to the next and then dropped altogether.
The government is
yet again contemplating the setting
up of a National Judicial Commission, as recommended by
the Constitution Review Commission. It is to be chaired by the CJI, but whether
it will deal with appointments alone or whether it would have punitive powers
to deal with instances of misconduct by judges, hasn't yet been decided. Till such time that some mechanism is put in place,
only the judges can judge themselves.
--------------------------------------------------------------------------------
By Bhavdeep Kang With B.R. Srikanth and Priyanka Kakodkar
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Reference
Laxman. Cartoon: You Said It.
YOU SAID IT
By Laxman
Order came from higher up to release you, Your Honour.
I beg your pardon, I
didn’t know you were a VVIP!
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Reference
Laxman. Cartoon: You Said It.
YOU SAID IT
By Laxman
Remember the
corruption charges against you when you were in
service?
Well, the court
has adjourned the hearing once again!
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Reference
Islamic Criminal Law
http://saif_w.tripod.com/explore/crime/islamic_criminal_law.htm
The most forceful part of the criticism is the West's denunciation of the harshness of the Hadd punishments provided by the Shariah. Obviously this stems from their self-styled conception of human dignity which evokes unnecessary sympathy for criminals too. For a moment, the Western sociologist forgets the heinous deeds of the criminals, their impact on the society and prescribes lighter punishments with all politeness. Contrary to it, Islam imposes a rigid code of punishment for the microscopic minority of criminals and ensures an atmosphere of peace and security for the rest of the society. If this basic difference is kept in mind while striking a comparison between the two, the whole matter can be understood easily.
…
The spurt in crimes following the
economic boom in the West has brought its own strange interpretation from the
Western sociologists, who, till only a few days back were ascribing
unsatisfactory economic and social conditions to the increasing criminal
mentality. The very sociologist now harps a different tune. He unabashedly
calls the criminal mentality an essential element
of human nature.
…
When we cast a glance at the
Muslim countries where Shariah is applied, crime rate
has become negligible to the extent that
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Reference
National Human Rights Commission,
http://www.nhrc.nic.in/faq.htm#Can%20the%20complaint%20be%20in%20any%20language?
Can the complaint be in any language?
They may be in Hindi, English or in any language included in the Eighth Schedule of the Constitution. The complaints are expected to be self contained. No fee is charged on complaints. The Commission may ask for further information and affidavits to be filed in support of allegations whenever considered necessary. The Commission may, in its discretion, accept telegraphic complaints and complaints conveyed through FAX.
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Reference
Public Interest Litigation
Introduction
http://www.helplinelaw.com/docs/pub-i-litigation/index.php
Introduction
"Public interest Litigation", in simple words, means, litigation filed in a court of law, for the protection of "Public Interest", such as pollution, Terrorism, Road safety, constructional hazards etc.
PUBLIC INTEREST LITIGATION is not defined in any statute or in any act. It has been interpreted by judges to consider the intent of public at large. Although, the main and only focus of such litigation is only "Public Interest" there are various areas where a PUBLIC INTEREST LITIGATION can be filed. For e.g.
- Violation of basic human rights of the poor
- Content or conduct of government policy
- Compel municipal authorities to perform a public duty.
- Violation of religious rights or other basic fundamental rights.
(Reference:
Public Interest Litigation: Introduction.)
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Reference
When Can a Public Interest Litigation be Filed?
http://www.helplinelaw.com/docs/pub-i-litigation/01.php
WHEN CAN A PUBLIC INTEREST LITIGATION BE FILED?
A PUBLIC
INTEREST LITIGATION can be filed only in a case where "Public
Interest" at large is effected. Merely
because, only one person is effected by state inaction is not a ground for
PUBLIC INTEREST LITIGATION
These are some of the possible areas where a PUBLIC INTEREST LITIGATION can be filed.
(Reference: Public Interest Litigation: When Can a Public Interest Litigation be Filed? )
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Reference
Who Can File a Public Interest Litigation?
http://www.helplinelaw.com/docs/pub-i-litigation/02.php
WHO CAN FILE A PUBLIC INTEREST LITIGATION?
Earlier
it was only a person whose interest was directly affected along with others,
whereby his fundamental right is affected who used to file such litigation.
Now, the trend has changed, and, any Public-spirited person can file a case (PUBLIC
INTEREST LITIGATION) on behalf of a group of
person, whose rights are effected.
It is
not necessary, that person filing a case
should have a direct interest in this PUBLIC INTEREST LITIGATION
For e.g. a person in Bombay, can file a PUBLIC INTEREST LITIGATION for, some labour workers being exploited in Madhya Pradesh or as someone filed a PUBLIC INTEREST LITIGATION in supreme court for taking action against Cracker factory in Sivakasi Tamilnadu, for employing child labour or the case where a standing practicing lawyer filed a PUBLIC INTEREST LITIGATION challenged a government policy to transfer High Court judges and similarly a lawyer filed a PUBLIC INTEREST LITIGATION for release of 80 under trials in a jail, who had spent more number of years in jail, than the period prescribed as punishment for offence, for which they were tried.
It is clear that, any person, can file a PUBLIC INTEREST LITIGATION on behalf of
group of affected people. However
it will depend on every facts of case, whether it should be allowed or not.
(Reference: Public Interest Litigation: Who Can File a Public Interest Litigation? )
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Reference
Supreme Court of
http://supremecourtofindia.nic.in/new_s/juris.htm
Although the proceedings in the
Supreme Court arise out of the judgments or orders made by the Subordinate
Courts including the High Courts, but of late the Supreme Court has started
entertaining matters in which interest of the public at large is involved and
the Court can be moved by any individual or group of persons either by filing a
Writ Petition at the Filing Counter of the Court or by addressing
a letter to Hon'ble the Chief Justice of India
highlighting the question of public importance for invoking this jurisdiction. Such
concept is popularly known as 'Public Interest
Litigation' and several matters of public
importance have become landmark cases. This concept is unique to the
Supreme Court of
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Reference
The Law's Hall of Fame
http://www.duhaime.org/hallfame.htm
ALFRED THE GREAT (849-899).
He decided to, in his own words, "gather the old laws of the Saxons together and
commanded many of those to be written which our forefathers held, those which
to me seemed good" thus putting an end to the discretionary and, at
times, corrupt justice then meted out by local priests/judges. This first
attempt at putting the law to paper in
…
Alfred introduced the notion that all crimes were an offence against the King himself, a tradition that continues today as crimes are prosecuted not by private citizens but by the government.
GAUTAMA, Siddhartha (Buddha)
The
philosophy of Buddhism has been a tremendous
influence on the development of Asiatic law.
BECCARIA, Cesare Bonesana (1738-1794). Italian
jurist. Wrote Dei deliti e delle pene (Essay on Crimes
and Punishments) in (1764) which was translated and brought to light the barbarous
nature of many punishments especially torture. His main theory was that punishment for crime should not exceed
what was necessary to maintain public order. He opposed capital punishment,
torture and secret trials and he suggested hard labor or incarceration for
persons convicted of murder. The English justice system was greatly influenced
by Dei deliti e delle pene.
BENTHAM, Jeremy
(1748-1832). English legal reformer. Son of a lawyer, Bentham got his law degree from
BLACKSTONE, William (1723-1780)
His Commentaries
on the Law of
BRACTON, Henry
de, (1215-1268). Priest and
judge in medieval
CICERO, Marco Tullius (106-43 BC). Roman orator, lawyer, politician and philosopher. Studied jurisprudence, rhetoric and philosophy and he began taking part in legal cases. Became an independent-thinking member of the Roman Senate and paid for it by exile.
…
Arguably, his greatest influence
came in his support of the ideals of stoicism, a basis of contemporary legal
systems; that human beings were all meant to follow natural law, which arises
from reason. Stoicism, according to
COKE, Edward (Sir; Lord), 1552-1634
Author of a highly respected
series of law reports (Coke's Reports), and the landmark Institutes of the Laws of
DARROW, Charles (1857-1938). Perhaps the most famous of all American lawyers. Based in
DICKENS, Charles, 1812-1870.
Famous British author including such masterpieces as David
Copperfield, Oliver Twist, A Christmas Carol, The
Pickwick Papers, A Tale of
DRACO, 620 BC. This Greek citizen
was chosen to write a code of law for
BECCARIA,
Cesare Bonesana. (1764)
Dei deliti e delle pene (Essay on Crimes and Punishments).
BENTHAM,
Jeremy. (1789) Principles of Morals and Legislation.
BLACKSTONE,
William. Commentaries on the Law of
BRACTON, Henry de. On The Laws And Customs of
ALFRED THE GREAT (849-899)
BARTON, Edmund (1849-1920)
BECCARIA, Cesare Bonesana (1738-1794)
BENTHAM, Jeremy (1748-1832)
BLACKSTONE, William (1723-1780)
BONAPARTE, Napoleon (1769-1821)
BRACTON, Henry de, (1215-1268)
CICERO, Marco Tullius (106-43 BC)
COKE, Edward (Sir; Lord), 1552-1634
DARROW, Charles (1857-1938)
DENNING, Alfred Thompson (1899)
DICKENS, Charles, 1812-1870
DRACO, 620 BC.
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Personal
Notes
The
philosophy of Buddhism has been a tremendous
influence on the development of Asiatic law.
The Vinaya rules, the 227 laws of the Monkhood, must be the foundation on which the whole
structure gets builds up. The fore-fathers must have followed the same logic,
but with time, the new generations diluting the harshness in accordance to
increasing social pollution.
Written
around
Revised
around
He decided to, in his own words, "gather the old laws of the Saxons together and
commanded many of those to be written which our forefathers held, those which
to me seemed good" thus putting an end to the discretionary and, at
times, corrupt justice then meted out by
local priests/judges.
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http://in.geocities.com/anindiantantric/law.html
Published on internet:
Revised:
Tuesday, January 11, 2005
Information on the web site is given in good
faith about a certain spiritual way of life, irrespective of any specific
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misunderstood. Persons using this information for whatever purpose must rely on
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does not accept any liability for harm or damage resulting from advice given in
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“Thou belongest
to That Which Is
Undying, and not merely to time alone,” murmured the Sphinx, breaking its muteness at last. “Thou art
eternal, and not merely
of the vanishing flesh. The soul in man cannot be killed, cannot die. It waits, shroud-wrapped,
in thy heart, as I waited,
sand-wrapped, in thy world. Know thyself, O mortal! For there is One within thee, as in all men, that comes and stands at the bar and bears witness that there IS a God!”
(Reference: Brunton, Paul. (1962) A Search in Secret
Amen