Showing papers on "Doctrine published in 1977"

The Logic of Scientific Discovery.

Abstract: Described by the philosopher A.J. Ayer as a work of 'great originality and power', this book revolutionized contemporary thinking on science and knowledge. Ideas such as the now legendary doctrine of 'falsificationism' electrified the scientific community, influencing even working scientists, as well as post-war philosophy. This astonishing work ranks alongside The Open Society and Its Enemies as one of Popper's most enduring books and contains insights and arguments that demand to be read to this day.

Nations and States: An Enquiry Into the Origins of Nations and the Politics of Nationalism

Abstract: This major book by one of the great political and social historians of our time is a study of the force of nationalism, a force that continues to shake our world. Reaching beyond nationalism as a doctrine, beyond the content, psychological origins, and analysis of that doctrine, the book represents and enquiry into all the important political move

The Soviet Strategic Culture. Implications for Limited Nuclear Operations.

Abstract: : The report identifies several factors--historical, institutional, and political--that have given rise to a uniquely Soviet approach to strategic thought. American doctrines of limited nuclear war and intrawar deterrence are examined in light of this Soviet doctrinal tradition. It is argued that such doctrines conflict with deeply-rooted Soviet beliefs; hence, Soviet decisionmakers may not abide by American notions of mutual restraint in the choice of targets and weapons. Three caveats are stressed, however. First, evidence on Soviet strategic doctrine is ambiguous. Two, even deeply-rooted doctrinal beliefs may change, albeit slowly, in response to technical or other environmental changes. Three, doctrinal preference is not the only important factor that might affect Soviet behavior in a nuclear crisis. Situational temptations and constraints may carry independent weight. (Author)

The deterrence doctrine and the perceived certainty of legal punishments.

Abstract: This research on the deterrence doctrine differs from previous investigations by focusing on perceived properties of legal punishments rather than objective properties. Data from a survey of 1,700 high school students in Arizona show a close inverse relation among 15 types of crimes or delinquencies between the median or mean perceived certainty of punishment (arrest or reformatory) and rates of self-reported acts. However, the same relation holds between the rates and the perceived seriousness of acts, which is taken as indicative of the social (extralegal) condemnation of crime. Furthermore, the perceived certainty of punishment and perceived seriousness are so highly collinear that their effects on the rates cannot be differentiated. Although the findings cannot be viewed as conclusive evidence against the deterrence doctrine, they raise doubts about previous interpretations of the inverse relation among states between the objective certainty of imprisonment and crime rates. The relation has no bearing on the perceptual assumptions that enter into the deterrence doctrine, and the present findings indicate that the relation could reflect differential social condemnation of crime. (abstract Adapted from Source: American Sociological Review, 1977. Copyright © 1977 by the American Sociological Association) Legal Sanctions Crime Prevention Senior High School Student Arizona Juvenile Perceptions Student Perceptions Crime Perceptions Deterrence Offender Punishment 07-02

Impossibility and Related Doctrines in Contract Law: An Economic Analysis

Abstract: O RDINARILY the failure of one party to a contract to fulfill the performance required of him constitutes a breach of contract for which he is liable in damages to the other party. But sometimes the failure to perform is excused and the contract is said to be discharged rather than breached. This study uses economic theory to investigate three closely related doctrines in the law of contracts that operate to discharge a contract: "impossibility," "impracticability," and "frustration." These are not the only excuses for nonperformance of a contract. Among other excuses, not discussed in this study, is the closely related doctrine of mutual mistake (sometimes called "antecedent impossibility"). Also related, and only incidentally discussed herein, is the doctrine of Hadley v. Baxendale1 limiting the liability of the breaching party to the foreseeable damages of the breach. There is an extensive legal literature on the set of doctrines that, for want of a more inclusive term, we shall sometimes lump together under the name "impossibility." The main conclusions of this literature are summarized in Part IA, next, while Part IB analyzes the subject from the standpoint of economics.2 Part II applies the economic analysis to the leading cases and

Private Property and the Constitution

Abstract: The proper construction of the compensation clause of the Constitution has emerged as the central legal issue of the environmental revolution, as property owners have challenged a steady stream of environmental statutes that have cut deeply into traditional notions of property rights. When may they justly demand that the state compensate them for the sacrifices they are called upon to make for the common good? Ackerman argues that there is more at stake in the present wave of litigation than even the future shape of environmental law in the United States. To frame an adequate response, lawyers must come to terms with an analytic conflict that implicates the nature of modern legal thought itself. Ackerman expresses this conflict in terms of two opposed ideal types---Scientific Policymaking and Ordinary Observing---and sketches the very different way in which these competing approaches understand the compensation question. He also tries to demonstrate that the confusion of current compensation doctrine is a product of the legal profession's failure to choose between these two modes of legal analysis. He concludes by exploring the large implications of such a choice---relating the conflict between Scientific Policymaking and Ordinary Observing to fundamental issues in economic analysis, political theory, metaethics, and the philosophy of language.

Mary, the feminine face of the Church

Abstract: Mary Radford Ruether's book makes a significant contribution to our understanding of Mary's role in the vital doctrine of the contemporary church In this unique study, she brings together much hard-to-find material Her careful biblical scholarship enables us to reclaim a long-ignored part of our religious tradition Useful for women's and other adult study groups, this book includes help for study leaders

What has become of employment policy

Abstract: An increase in household saving means a reduction in consumption; it does not increase investment but reduces employment. According to the bastard Keynesian doctrine, it is possible to calculate the rate of saving that households collectively desire to achieve; then governments, by fiscal and monetary policy, can organize the investment of this amount of saving. Thus, Say's law is artificially restored, and under its shelter all the old doctrines creep back, even the doctrine that a given stock of capital would provide employment for any amount of labor at the appropriate equilibrium real-wage rate. If so, unemployment occurs because wages are being held above the equilibrium level. This chapter discusses that after the great technical achievements brought by the age of growth, all being offered is a return to large-scale unemployment and poverty in the midst of plenty, in an age of frustration. Kalecki was right to be sceptical; the modern economies have failed to develop the political and social institutions, at either domestic or international level, that are needed to make permanent full employment compatible with capitalism.

A Fresh Look at the Meaning of the Doctrine of Denial of Justice under International Law

Abstract: About four decades ago, an eminent jurist described the doctrine of denial of justice as “l'une des plus anciennes et “l'une des plus mal elucidees du droit international.” Another writer, also noting the persistent confusion over the meaning of the doctrine, suggested that the term denial of justice could as well be removed from the language of international law. Despite such suggestions, the doctrine of denial of justice, whose origin has been traced back to antiquity, has been retained, and international lawyers have constantly attempted to elucidate its meaning. In doing so, however, international lawyers, such as Alwyn Freeman in his classic book on the subject, have, for reasons explained elsewhere, eschewed the attempt to define the term justice as such. They have concentrated mainly upon the conduct that has most frequently been regarded as constituting a denial of justice. Thus, from its origin and development, the term denial of justice may be said to have been used in the following three senses: In its broadest sense, this term [denial of justice] seems to embrace the whole field of State responsibility, and has been applied to all types of wrongful conduct on the part of the State towards aliens. In its narrowest sense, this term has been limited to refusal of a State to grant an alien access to its courts or a failure of a court to pronounce a judgment. In an intermediate sense, the expression “denial of justice” is employed in connection with the improper administration of civil and criminal justice as regards an alien, including denial of access to courts, inadequate procedures, and unjust decisions.

The Terrorist Threat to World Nuclear Programs

Abstract: Terrorism in the global setting has become the predominant form of confrontation between differing subcategories of societies that seek to overcome each other, regardless of size. In the case of nuclear terrorism, the consequences of failure are potentially catastrophic. While the logic of our strategic nuclear policy is clear, the same clarity does not hold for policies directed at nuclear terrorism. In the former case, a prevailing view is that the risk of nuclear war is low because the United States responds vigilantly to nuclear threats posed by other nations. In the latter case, there is no terrorist prevention doctrine, nor is there an institutional focus for preventing terrorism that is even remotely commensurate with that which exists for deterring nuclear war. We here consider the dimensions of the nuclear terrorism problem, discuss these with respect to the Minuteman Intercontinental Ballistic Missile system, consider the capabilities and objectives of potential terrorist groups, and formulate s...

Religious Experience, Emotion, and Belief

Abstract: In the wake of Kant's critique of speculative metaphysics, many students of religion and theology have sought immediate access to the real and a foundation for doctrine and belief in religious experience. It was thought by some that a mode of experience might be discovered that was unscathed by the activity of the imagination in the construction of the forms and categories, and that would be broader than Kant's exclusively moral account of religion. It is not accidental, then, that the phrase “religious experience” has come to be reserved almost exclusively for aspects of experience that are allegedly prereflective, that transcend the verbal, or are in some way free of the structures of thought and judgment that language represents. The search has been for some channel of cognitive immediacy, whether the chosen mode of experience was volitional or affective.

Recent Developments in the Law of Sovereign Immunity in the United Kingdom

Abstract: The last eighteen months have witnessed very significant changes in the interpretation and application of the doctrine of sovereign immunity by the English Courts. These changes are important not only as matters of historical and practical interest, but because they address many of the fundamental policy questions in a manner that has been unnecessary in U.S. practice because of the way in which the Tate Letter 1 has channelled the development of the law along certain set patterns. Until very recently the English Courts had followed a doctrine of absolute immunity irrespective of claims made against foreign sovereigns. The two most celebrated authorities 2 in favor of the absolute theory of immunity were The Parlement Belge and The Porto Alexandre. In The Parlement Belge 3 the Court of Appeal, overruling Sir Robert Phillimore as judge of first instance,4 had granted immunity to a mail packet owned by the King of the Belgians and officered by commissioned officers of the Belgian Navy. Referring to the "absolute independence of every sovereign authority" the Court of Appeal spoke of immunity of "the public property of any state which is destined to public use." 5 The Porto Alexandre6 concerned a vessel owned by the Portuguese Government and used for the carriage of freight. The Portugese Government claimed immunity in an action for salvage charges (even though the cargo owners entered unconditional appearance) and were successful both before Hill J. and in the Court of Appeal. The principle of absolute immunity appeared to have been confirmed subsequently on many occasions, although more clearly in respect of actions in personam than actions in rem. The distinction in English law between actions in personam and in rem was irrelevant during the period of absolute immunity; was crucial during the recent period of transition; and, as we shall see, appears once again to be losing its significance. So far

The National Security Doctrine and Policies of the Brazilian Government.

Abstract: : The authoritarian military regime which has governed Brazil since 1964 is guided by a philosophy referred to as the 'national security doctrine,' which conditions the leadership's view of the world and how it defines the domestic and international interest and priorities of Brazil. Its origins, contents, diffusion, and impact on society is central to an understanding of civilian-military relations and the formulation of policy in Brazil today. (Author)

Conspiracy: The Criminal Agreement in Theory and in Practice

Abstract: Professor Marcus combines empirical research and theoretical analysis in this comprehensive study of the conspiracy doctrine. The article shows that the theoretical reasons for the conspiracy doctrine are inapplicable to most actual conspiracy prosecutions and that the practical reasons for conspiracy charges are often unacceptable prosecutorial shortcuts. Although ultimately concluding that the conspiracy doctrine is needed in some limited instances, Professor Marcus indicates that prosecutors should bring conspiracy charges only when justified by proper reasons and that courts should consider such charges more carefully.

Typologies and Evidence: Has Nineteenth‐Century Europe a Guide to Economic Growth?

Abstract: ATTEMPTS to systematize the economic record of history and to draw from it general observations of the nature and causes of change are not new In this respect Marx not only established a doctrine but also helped to found a tradition, and there were various members of the German historical school of economists, before and after i900, who maintained the search for universal schemes But the last thirty years have seen a great increase in this type of work In part this has been an offshoot of the new urgency of interest in promoting economic development where it was previously unknown, and the consequent search for guidance wherever there seemed a reasonable chance of finding it There has also been increased reliance on comparative methods by historians seeking to achieve a cross-fertilization of explanatory ideas For both purposes it is desirable, for the first purpose essential, that any historical generalizations called into aid should be not only true of several particular instances but should be very widely applicable It could be harmfully misleading if what looked to be proclamations of universal relationships turned out to be no more than accounts of one or two highly individual cases, disguised in the language of generality All the chief schemes expounding alleged universalities in the history of economic growth have received plenty of criticism, both appreciative and hostile, but it is doubtful whether they have often been starkly confronted by the question whether the evidence they use is comprehensive enough to provide a secure foundation of genuine history for edifices as vast as they have grown to be They have been challenged on grounds of unclarity or inappropriateness in their basic concepts, or because they have been inaccurate on some specific points, or because some particular case may be more convincingly interpreted by postulating a different chain of causation Criticism, that is, has mainly been within the terms of reference employed by the schemes under criticism It is understandable that generalization about the development of modern industrial societies should have begun on a limited base The remarkable transformation of Britain cried out for detailed study, and received it while several other countries had begun a course with obvious similarities but none had completed it The idea of a norm was thus established and no later student could get away from it without conscious effort Moreover, for the earlier writers the British experience was necessarily a far bigger proportion of the relevant data than it has since become, even though, like Marx, they were

Legal responsibilities at issue--emphasis on informed consent.

Abstract: In accordance with my original assignment, before the topic of the conference became broadened, I had prepared a paper on the legal responsibilities of scientists in acquiring and using human tissues in in vitro research. This topic, I hardly need tell you, is as explosive and novel for lawyers as it is for scientists; there are really only a very few trial court episodes on the subject and these have not yet found their way into the corpus of reported law, so there is very little in the way of what attorneys would call "law" directly on the subject. Because of this, if you want to probe these issues from a legal standpoint, you have to use some special tools, including a favorite of lawyers: reasoning by analogy from cases already decided and principles already established. I would propose to begin today with some fairly bedrock legal principles which concern a principal problem at issue in the acquisition of tissue, the matter of consent. It is a truism of the law of torts, which is my primary area of interest, that a harmful or offensive contact committed by one person on another is a battery, an intentional tort, if that contact has been unconsented and if it has been unprivileged. I will reserve the question of privilege for a moment, as I will leave the question of whether fetuses or abortuses are persons, and I will focus on the question of consent. But in doing so, in what I think may be the mode of discourse that will necessarily be prevalent in this meeting, I shall first announce my apologia and qualifications. First, I want to point out that I am concentrating on common-law doctrine, the doctrine of cases decided between private litigants. I am doing that for purposes of simplicity and thus ignoring other issues that are of great personal research interest to me, issues stemming from such public-law areas as prescription-drug regulation, the regulation of food supply and the control of nuclear installations, with all of the issues of uncertainty, carcinogenesis and potential catastrophe which they present. For similar considerations of simplicity and focus, I shall be dealing, at least at the beginning, with a fairly narrow view of consent. I shall try, where possible, to present concrete cases, as lawyers are wont to do. At the same time, I certainly accept what I take to be the remarks of Professor Adams, that what we really are doing here is testing the premises of our humanity. I would also like to emphasize what seems to me a very important point and one that I think we would notwant to lose sight of at this conference: as a practical matter, our deliberations take place necessarily within the focus of a particular political system, a political system which is relevantly the basis for our law. With those generalizations and qualifications announced, I want to talk for awhile about con-

American Linguistic Prescriptivism: Its Decline and Revival in the 19th Century

Abstract: Aspects of nineteenth-century American life are crucial to the understanding of the history and nature of American prescriptivism. The story is not merely one of continuity from eighteenth-century Britain. An examination of linguistic thought of the nineteeth-century reveals that the prescriptive doctrine met with significant intellectual challenge from 1820 through the 40s. This reaction grew partly out of a specific revolt against rote learning, partly out of the development of national consciousness, and partly out of the ‘boundless’ intellectual tenor of the times. The thought of the period 1850 through the 70s was a significant source of the doctrine's subsequent vigor which was to exhibit a curious and remarkable continuity into and throughout the present century. During the latter half of the century the doctrine of correctness revived with new vehemence in a new drive for uniformity and conformity. This was facilitated and accommodated in general by the intellectual milieu of the time: national integration and consolidation. The single most important specific factor was the development of the genteel cultural apparatus, as manifested linguistically by an interest in language, especially in ‘linguistic etiquette’ in genteel publication; in the reaction against innovation; in the application of intellect and logic to language; in the high premium placed by the genteel on books and authority; in the anglophile tendency of the genteel; and in the desire for a responsible, stable community.

American Linguistic Prescriptivism: Its Decline and Revival in the 19th Century

Abstract: Aspects of nineteenth-century American life are crucial to the understanding of the history and nature of American prescriptivism. The story is not merely one of continuity from eighteenth-century Britain. An examination of linguistic thought of the nineteeth-century reveals that the prescriptive doctrine met with significant intellectual challenge from 1820 through the 40s. This reaction grew partly out of a specific revolt against rote learning, partly out of the development of national consciousness, and partly out of the ‘boundless’ intellectual tenor of the times. The thought of the period 1850 through the 70s was a significant source of the doctrine's subsequent vigor which was to exhibit a curious and remarkable continuity into and throughout the present century. During the latter half of the century the doctrine of correctness revived with new vehemence in a new drive for uniformity and conformity. This was facilitated and accommodated in general by the intellectual milieu of the time: national integration and consolidation. The single most important specific factor was the development of the genteel cultural apparatus, as manifested linguistically by an interest in language, especially in ‘linguistic etiquette’ in genteel publication; in the reaction against innovation; in the application of intellect and logic to language; in the high premium placed by the genteel on books and authority; in the anglophile tendency of the genteel; and in the desire for a responsible, stable community.