Showing papers on "Doctrine published in 1982"

Governing the Large Corporation: More Arguments for Public Directors

Abstract: Government appointed public directors may or may not make corporations behave in a socially acceptable manner, but they would be an appropriate response to three corporate governance problems: (1) the vagueness of the social responsibility doctrine; (2) the legitimacy of corporate social decision making; and (3) the compatibility of corporate governance with democratic principles.

Accommodation and revolution in Imami Shi'i Jurisprudence: Khumayni and the classical tradition

Abstract: The elaboration of divine law has been for centuries a dominant mode of Islamic self-expression. The rendering of revelation into prescription, the perennial task of Muslim jurists, has produced a notion of the shari'a which, though never fixed in its details, has served as model and touchstone, as object of pious reflection, as justification of the status quo and, more rarely, as incentive to revolution. The idealistic nature of divine law was freely acknowledged particularly in spheres of political relevance. There, the practical need for government and authority promoted a complex assessment of the relationship between ideal and actuality such that, generally without compromising the existence of the ideal which was always restated, actual practice was acknowledged in some degree satisfactory. Nevertheless the idea of a law, transcending human government and capable of implying judgement upon it, was always, in the hands of the clerical class, a means of influencing government and a potential source of resistance. A doctrine of potential resistance is not a doctrine of revolution. The modes and theories of accommodation, as developed by Sunni jurists in particular, have been to some extent documented in Orientalist literature. ' Revolutionary interpretations of the notion of divine law have not usually been expressed by jurists nor in juristic format. Acknowledgement of the legitimacy of de facto powers has been a prominent feature of Sunni political thinking. Conversely it has for some time been noted that denial of legitimacy has been an almost equally prominent feature of Imami Shi'i juristic literature.2 Denial of legitimacy however has only rarely been associated with revolution or rebellion and it may be demonstrated that the Imami jurists were, no less than their Sunni counterparts, concerned to provide, within the structure of the shari'a, a means of accommodation with defacto powers. The recent emergence in Iran of members of the clerical class, notably Ayatallah Ruhallah Khumayni, as leaders of a revolution prompts the present consideration of Khumayni's theory of government (wilayat al-faqih) together with an assessment of how it is related to or differs from the classical tradition. The text studied here is taken from a juristic work, the Kitab al-Bay', published in 1391/1971(?),I and constituting in form at least a traditional work of Imami jurisprudence, following the pattern set by Murtada Ansari4 (1281/1864-5) in his Kitab alMakasib. An all too slight and provisional account of earlier juristic theory must serve for context and background.

Citizens in Arms: The Army and Militia in American Society to the War of 1812

Abstract: This first study to discuss the important ideological role of the military in the early political life of the nation examines the relationship between revolutionary doctrine and the practical considerations of military planning before and after the American Revolution. Americans wanted and effective army, but they realized that by its very nature the military could destroy freedom as well as preserve it. The security of the new nation was not in dispute but the nature of republicanism itself.Originally published 1982. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.

The Margin of Appreciation Doctrine: Standards in the Jurisprudence of the European Court of Human Rights

Abstract: The European Convention of Human Rights (Convention) 1 establishes a set of rights and freedoms which all member states undertake to "secure to everyone within their jurisdiction."2 At the same time the Convention provides machinery to enforce these rights: the European Commission of Human Rights (Commission); 3 the European Court of Human Rights (Court); 4 and the Committee of Ministers of the Council of Europe.5 Though the Commission continues to be the most active, the Court has in recent years developed a considerable body of case law of its own. It has also made use of the doctrine of the margin of appreciation, first developed by the Commission. As the Court is the final interpreter of the Convention, its use of the margin of appreciation doctrine and its development of standards for its application are critical to the enforcement of the Convention.

Christian Antioch: A Study of Early Christian Thought in the East

Abstract: This book is a comprehensive survey of the history and, more particularly, of the thought of Antioch from the second to the eighth centuries of the Christian era. Dr Wallace-Hadrill traces the religious background of Antiochene Christianity and examines in detail aspects of its intellectual life: the exegesis of scripture, the interpretation of history, philosophy, and the doctrine of the nature of God as applied to an understanding of Christ and man's salvation. The community at Antioch stressed history and literalism, in self-conscious opposition to the tendency to allegorise that prevailed at Alexandria. While insisting on the divinity of Christ, they were equally adamant that no other doctrine should be allowed to compromise their central belief that Jesus was really human.

Creationism in 20th-century America

Abstract: As the crusade to outlaw the teaching of evolution changed to a battle for equal time for creationism, the ideological defenses of that doctrine also shifted, from biblical to scientific grounds. T...

Attention and the rhetoric of social intervention

Abstract: Following a lead from Edwin Black and developing further Brown's doctrine of attention‐switching in the maintenance of a community's ideology, this essay amplifies the nature of rhetorical attention‐shifting, relates instances of it to social intervention, and characterizes and partially exemplifies the form of rhetorical gestalt‐switching.

Justice and Justification: Semantic and Juristic Aspects of the Christian Doctrine of Justification

Abstract: The theological situation today demands both a restatement and a reinstatement of the Christian doctrine of reconciliation. The essential prerequisite of any attempt to interpret, reinterpret or restate that doctrine is a due appreciation of the historical origins and subsequent development of the concept. It is clearly futile to develop or defend theories of reconciliation which originally rest upon some manifestly incorrect interpretation of a Hebrew root, or which represent a comparatively recent distortion of an older and more considered doctrine, or which represent a theological response to a particular Zeitgeist which no longer pertains today. Of the several concepts employed in the Christian articulation of the reconciliation effected between God and his world through Jesus Christ, the most important is that of justification.

Concerning the eternal predestination of God

Abstract: The name of John Calvin is frequently associated with the doctrine of predestination. Published in 1552 to counteract the criticisms and contrary views being taught by others, this work shows Calvin rigorously defending his controversial position. Readers will witness Calvin masterfully arguing his points, wrestling with scriptures, and fully engaged in the rough-and-tumble polemical world of sixteenth-century theological debate.

The doctrine of exclusivity and the position of mixed agreements in the external relations of the european community

Abstract: The exclusive nature of the European Community's powers in the treaty-making field, and the boundary between these powers and those of the Member States, has produced some of the Court of Justice's most interesting and controversial case law. The judgments of the Court have to date concentrated on the existence and justification of the doctrine of exclusivity. It is now time to re-assess the effects of the doctrine, and its place in Community law. Its political consequences for the Member States are enormous, confirming, as it does, the extent to which they have transferred certain of their sovereign powers to the European Community-in relation not merely to domestic legislation, but to external, treaty-making powers, that most widely-accepted characteristic of the sovereign State.

The Controversy of the Correctoria and the Limits of Metaphysics

Abstract: The first defenses of Aquinas's doctrine after his death, particularly those five polemical works known as the correctoria, are usually read as illustrations of the intellectual forces of the late thirteenth century. The correctoria are used to show the struggle between "Augustinianism" and "Aristotelianism," between Franciscans and Dominicans, between anti-Thomists and Thomists. It is true that they are anti-Augustinian, after a fashion. They come from Dominican hands, and they defend Thomas. But it is important to see why they reject the views of the self-proclaimed Augustinians and which Thomism they defend. Beyond any question of partisanship, the correctoria deserve to be read as original works of speculative self-consciousness. The Augustinianism they contest is one of philosophical literalism in method and doctrine; the Thomism they defend is one of analogical plurality and methodological restraint. The authors of the correctoria speak substantively about what Thomas achieved for the method of philosophical discourse and say pointedly why it is that his achievement offends their adversaries. Their adversaries began the debate, of course. It is notorious that two slates of condemnations were handed down with episcopal sanction in March of 1277 at Paris and Oxford. Each of the slates contains propositions that resemble propositions taught by Aquinas.' Whether and to what extent they were aimed at him, how they were composed and with what rationale, what further effects they engendered these are matters of controversy.2 The events of the correctoria debate, which constitute only a theme within the larger movement of contestation, are relatively clearer, if only after seventy

Religion and the doctrine of nationalism in England at the time of the French revolution and Napoleonic wars

Abstract: The Maxim my country right or wrong is unquestionably difficult and perhaps impossible to justify; certainly no Christian can easily regard the nation as the supreme object of loyalty. Yet during the revolutionary and Napoleonic wars intensive efforts were made in press and pulpit, through the courts and through informal social pressure, to enhance patriotism. Patriotism almost certainly became stronger and more widely diffused. How did the denominations respond to this dilemma? My aim is to suggest some links between denominational affiliation and attitudes to nationalism. The topic is an important one; at this time religion usually set the terms of the debate about loyalty.

The Tender Years Doctrine: A Defense

Abstract: All states recognize the welfare or \"best interests\" of the child as the sole or paramount concern in the resolution of custody disputes between parents following divorce or separation.' The tender years doctrine-under which the mother is the preferred custodian for young children-embodies a presumption that a mother's care is ordinarily in the best interests of a young child.2 For more than a century, the doctrine has been the primary determinative factor in the resolution of interparental custody disputes.' In some states, the tender years doctrine

Unfairness in Advertising Revisited

Abstract: The 1980 FTC Amendments Act prohibits the Commission from using “unfairness” as the basis for promulgating trade regulation rules on advertising until 1982, at which time it will be decided whether or not unfairness should be fully reinstated in the FTC statute. To provide insight into the relevant issues, this paper examines the challenges and defenses to the unfairness doctrine and its significance to marketers and public policy makers.

The doctrines of American foreign policy: Their meaning, role, and future

Abstract: said about limited war. An indication of the problem here is given in the author's own words: "There are at least three areas, discussed by Machiavelli, that could be perceived as being related to a theory of limited warfare, although it is not suggested that Machiavelli himself articulated such a doctrine or that he would be at all sympathetic to many of the ideas associated with limits to war" (p. 71). The reader justifiably wonders whether what follows says more about Clark than Machiavelli. The next chapter more fully develops the three models introduced earlier by examining historical events and commentaries on these three ways of limiting war. This is followed by the most useful and rigorous chapter, which analyzes theories of nuclear war limitation presented by numerous strategists since 1945. The discussions in this and the succeeding critical chapter make the book worth reading because they do a thorough job of discrediting those theories and pointing out the wishful thinking implicit within many of them. The main problem here is that the most important point receives very short notice. The author raises that point when he notes: "Perhaps the main objection that is raised against the prospect of successful limitation of nuclear war is the possibility of Soviet non-reciprocation" (p. 219). However, this observation then only receives four pages of discussion, despite the fact that the Soviet Union has specifically denied the efficacy of such a concept and therefore it is highly unlikely even if the United States can figure out some rational way to limit nuclear war that both countries will do so simultaneously. Nevertheless, the rest of the discussion in these two chapters is worth the price of the book alone.

Legitimacy Doctrines and Legitimation Procedures in East European Systems

Abstract: The term ‘legitimacy doctrines’ denotes doctrines prescribing the grounds for the validity of political domination.1 Communist systems of rule have at their disposal an Official ‘system—ideology’, the Soviet variant of Marxism—Leninism, and this system-ideology includes an obligatory legitimacy doctrine. The latter specifies the grounds for the postulated legitimacy of communist rule. Whether this normative legitimacy is accompanied by a corresponding real legitimacy, in the sense that the population considers communist rule to be legitimate on the officially specified grounds, must remain an open question for the present. One could answer it with assurance only on the basis of thorough empirical investigations, which are prevented by obvious serious difficulties. The problem of real legitimacy cannot be dealt with within the framework of the present essay.

An Economic Analysis of the Impossibility Doctrine

Abstract: ONE of the primary functions of contract law is the enforcement of contracts which have been reached in the absence of duress. Yet in some situations the courts have shown themselves willing to discharge parties from their contractual obligations. One of the most important of these situations is dealt with by the doctrine of "impossibility."1 According to this doctrine, failure to fulfill contractual obligations may result in discharge of the contract, rather than breach, if the contract has become physically impossible to perform-for example, if the individual who was to have performed the contract has died-or if the cost of carrying out the contract has risen to such an extent that performance has become uneconomical-for example, if, after it had burned down, extraordinary steps were required to reconstruct a factory in time to fulfill a contract. In a recent paper, Richard A. Posner and Andrew M. Rosenfield2 (henceforth P-R) have argued that ". . . the proper criterion for evaluating the rules of contract law [and, therefore, the doctrine of impossibility] is ... that of economic efficiency."3 In particular, P-R interpreted this criterion to imply that "... discharge should be allowed where the promisee is the superior risk bearer; [whereas] if the promisor is the superior risk bearer, nonperformance should be treated as a breach of contract." 4 Although I accept the general, economic approach taken by P-R, I feel

Theology and philosophy in the twelfth century : a study of Gilbert Porreta's thinking and the theological expositions of the doctrine of the incarnation during the period 1130-1180

Abstract: account books, letters, literature, and archaeological remains a profile of trends, topically delineated. An introductory essay on the available sources is very useful. Mostly a history without heroes, only a few persons and certain abbeys (Om, Esrum, and Soro) stand out as more important to the narrative than others. This book is a welcome addition to a series which has concentrated on theological and psychological dimensions of Cistercian history. It is valuable for a number of reasons: it deals with a geographic area of medieval Europe generally ignored, its content is skillfully integrated into the greater European context, and it continually addresses important questions about the relationship of monastic institutions to an evolving society. Some historians have dwelt almost morosely on the monastic drift away from original ideals, in the case of Cistercian history, the Exordium parvum. McGuire avoids this sterile approach and concentrates on analyzing how the Danish Cistercians functionally related to the various groups in society with whom they had to deal: the monarchy, the episcopacy, the great landowners, and, eventually, the lesser landowners of the countryside. The resulting portrait depicts the Cistercian abbeys and their spirituality as extraordinarily flexible. We see the monks looking increasingly after their material needs while providing for the felt spiritual necessities of their aristocratic patrons. Originally tied closely to their French origins in the order, as the centuries passed the Danish Cistercians related less to the international institutions of the papacy and the General Chapter and more to the local power realities of bishop and king. Austere ascetics in 1150, tilling the soil themselves, by 1450 they were decidedly less austere, and their only connection with the soil was as administrators, while they served aristocratic souls with masses and monastic burials. McGuire's work is a fine contribution to both Cistercian and medieval institutional and social history. It is judiciously executed and approaches its subject matter creatively and sensitively.