Showing papers on "Doctrine published in 1985"
Book•
15 Oct 1985
TL;DR: The authors rethinks the foundations of ethics in light of the awesome transformations wrought by modern technology: the threat of nuclear war, ecological ravage, genetic engineering, and the like.
Abstract: Hans Jonas here rethinks the foundations of ethics in light of the awesome transformations wrought by modern technology: the threat of nuclear war, ecological ravage, genetic engineering, and the like. Though informed by a deep reverence for human life, Jonas's ethics is grounded not in religion but in metaphysics, in a secular doctrine that makes explicit man's duties toward himself, his posterity, and the environment. Jonas offers an assessment of practical goals under present circumstances, ending with a critique of modern utopianism.
1,233 citations
TL;DR: The history of fiscal theory is arranged into five assays dealing with the theory of public expenditures, equity in taxation, efficiency in taxation and shifting and incidence, and macro aspects of fiscal policy as mentioned in this paper.
Abstract: Publisher Summary This chapter provides brief history of fiscal doctrine. The history of fiscal doctrine, perhaps more than that of any other aspect of economics, carries a particular fascination. On the one hand, it reflects the advance of analytical economics, an enrichment of the tool box, to use Joan Robinson's terms, which may then be applied to the solution of fiscal problems. The close linkages between general and fiscal theory is most evident for the analysis of tax incidence, which at each stage reflects the prevailing theory of price and distribution. The analysis of tax equity was affected profoundly by the growth of utility theory. The history of fiscal theory is arranged into five assays dealing with the theory of public expenditures, equity in taxation, efficiency in taxation, shifting and incidence, and macro aspects of fiscal policy.
139 citations
Book•
01 Jan 1985
TL;DR: In this paper, the authors present a review of the history of the first stage of the National Security State from 1964 to 1983 and the third stage of institutionalization from 1974 to 1983.
Abstract: * Acknowledgments * Foreword * Part I. The Doctrine of National Security and Development * Introduction: Dependency and the National Security State *1. The Doctrine of National Security and Development * Part II. The First Stage of Institutionalization, 1964-1968 *2. The Foundations of the National Security State *3. Building New Control Mechanisms: Institutional Act No. 2 *4. Constitutional Reform and the Institutionalization of the New State *5. Liberalization, Opposition, and State Crisis: Institutional Act No. 5 * Part III. The Second Stage of Institutionalization, 1969-1974 *6. Armed Struggle and the National Security State * Part IV. The Third Stage of Institutionalization, 1974-1983 *7. The Geisel Government: Decompression *8. The Abertura Period * Conclusion: The Opposition and the State in Perspective * Appendix * Abbreviations * Notes * Index
113 citations
Book•
06 Aug 1985
TL;DR: In this article, the authors develop and explain the theory of maneuver warfare and offer specific tactical, operational, and organizational recommendations for improving ground combat forces, and translate concepts too often vaguely stated by MANET advocates into concrete doctrine.
Abstract: Maneuver warfare, often controversial and requiring operational and tactical innovation, poses perhaps the most important doctrinal questions currently facing the conventional military forces of the U.S. Its purpose is to defeat the enemy by disrupting the opponent's ability to react, rather than by physical destruction of forces. This book develops and explains the theory of maneuver warfare and offers specific tactical, operational, and organizational recommendations for improving ground combat forces. The authors translate concepts too often vaguely stated by manuever warfare advocates into concrete doctrine. Although the book uses the Marine Corps as a model, the concepts, tactics, and doctrine discussed apply to any ground combat force.
105 citations
100 citations
Book•
01 Jan 1985
94 citations
01 Jan 1985
TL;DR: In this article, the gap between contract doctrine and the daily functioning of the business and commercial world has proven to be a fruitful source of theoretical insight into the social functions of law.
Abstract: Professor Stewart Macaulay reflects on his 1963 article Non-Contractual Relations in Business and assesses its current significance. Analysis of the gap between contract doctrine and the daily functioning of the business and commercial world has proven to be a fruitful source of theoretical insight into the social functions of law. While the teaching of doctrine remains a central element of legal education and even predominates, the theoretical potential of an empirical approach to legal education remains vast.
81 citations
TL;DR: In this article, a theory of complexity is proposed, and the concept of blame is introduced, which is based on the notion of blame and the relation of blame to the intention of an agent.
Abstract: I. THE CONCEPT OF BLAME ................................. 329 II. THE THEORY OF COMPLICITY ............................. 336 A. The Derivative Nature of the Liability .................. 337 B. The Action ........................................... 342 1. Influence ......................................... 343 2. Assistance ........................................ 344 C. The Intention ......................................... 346 1. The Basic Requirement ............................ 346 2. Strains in Application ............................. 349 3. Theory of the Intention Requirement ............... 353 D. The Result ........................................... 355 1. Successful Contributions and Sine Qua Non Conditions ........................................ 357 2. Minimal Contributions ............................ 361 3. Contribution Unknown to the Principal ............. 364 4. Remote and Proximate Relationships Between Contribution and Result ........................... 366 III. CAUSING ACTIONS ........................................ 368 A. Nonculpable Actions .................................. 369 1. Theory of the Innocent-Agency Doctrine ............ 369 2. The Limits of the Innocent-Agency Doctrine ........ 372 B. Partly Culpable Actions ............................... 385 C. Unintended Actions ................................... 391 1. Nonvolitional Actions .............................. 392 2. Volitional Actions ................................. 398
79 citations
01 Sep 1985
TL;DR: The authors argue that relativism is one of those doctrines that have by now been refuted a number of times too often, which is a surer sign that a doctrine embodies some not to be neglected truth than that it should have been refuted again and again.
Abstract: It was Anthony Collins, the friend of John Locke, who remarked that, had it not been for the Boyle Lecturers' annual demonstrations of the existence of God, few people would ever have doubted it.1 It may have been a similar spirit of argumentative contrariness that led me to begin to appreciate fully both the strength and the importance of the case to be made out in favor of at least one version of relativism only after reading some recent philosophical root and branch dismissals of relativism as such.2 But of course I ought not to have been such a late-comer to that appreciation. For relativism, like scepticism, is one of those doctrines that have by now been refuted a number of times too often. Nothing is perhaps a surer sign that a doctrine embodies some not to be neglected truth than that in the course of the history of philosophy it should have been refuted again and again. Genuinely refutable doctrines only need to be refuted once. Philosophical doctrines that are not susceptible of genuine refutation fall into at least two classes. There are some to which, in the light of the rational justification that can be provided for them, we owe simple assent. But there are others to which our assent is or ought to be accorded only with a recognition that what they present is a moment in the development of thought which has to be, if possible, transcended; and this even although we may as yet lack adequate grounds for believing ourselves able to transcend them. Scepticism is one such doctrine; and relativism is another. But no doctrine can be genuinely transcended until we understand what is to be said in its favor. And a first step towards understanding this in the case of relativism must be to show that the purported refutations have largely missed its point and so been misdirected.
71 citations
TL;DR: This article argued that the true and fair view doctrine does not serve the interests of the public or the profession, and that the profession should consider compliance with generally accepted accounting principles as its test for the quality of financial reporting.
Abstract: This paper examines the true and fair view doctrine as currently employed by British accountants. It argues that the doctrine lacks a satisfactory explication; that the use of ‘professional judgement’ cannot provide an acceptable substitute for explication; that the unexplicated doctrine does not serve the interests of the public or the profession; and that the profession should consider using compliance with generally accepted accounting principles as its test for the quality of financial reporting, either instead of or as an explication for the true and fair view doctrine.
67 citations
TL;DR: In this article, the authors examine the relationship between nature and the city and conclude that the relationship is far more complex than is implied in the doctrine that the city is natural and why the problem of political authority was addressed with this particular provisional doctrine.
Abstract: The characteristically Aristotelian defense of the city's authority over its members is summarized in the statements “every city exists by nature” and “man is by nature a political animal.” These doctrines distinguish Aristotle not only from such of his predecessors as the Sophists and Plato but also from two leading schools of contemporary political thought, liberalism and Marxism. Aspiring to assess the merits of Aristotle's unique approach to the problem of political authority, this paper examines Aristotle's teaching on the relationship between nature and the city. This relationship is shown to be far more complex than is implied in the doctrine that the city is natural. I conclude by wondering why Aristotle addressed the problem of political authority with a doctrine he shows to be merely provisional and why he addressed it with this particular provisional doctrine.
TL;DR: The practice of omitting withdrawal clauses from the constituent treaties of many international organizations was highlighted by Nathan Feinberg in his article on "Unilateral Withdrawal from an International Organization" as mentioned in this paper, acknowledged as the most thorough study of the subject.
Abstract: The practice of omitting withdrawal clauses from the constituent treaties of many international organizations was highlighted by Nathan Feinberg in his article on “Unilateral Withdrawal from an International Organization”, acknowledged as “…the most thorough study of the subject”. In a detailed study of both State Practice and La Doctrine, Feinberg drew the conclusion
that there exists no presumption in favour of the right of unilateral withdrawal, and that withdrawal is therefore permitted only if it is expressly provided for or can be inferred by implication.
TL;DR: The availability of the literature of the law, an aspect of legal culture rarely considered in twentieth century Canadian commentary on the'reception' of imperial laws, must have had a great deal to do with the way that sources of law informed and reflected the developing jural values, doctrine, and methodology of the British North American provinces.
Abstract: The availability of the literature of the law, an aspect of legal culture rarely considered in twentieth century Canadian commentary on the ‘reception’ of imperial laws, must have had a great deal to do with the way that sources of law informed and reflected the developing jural values, doctrine, and methodology of the British North American provinces. Yet locally-prevalent versions of legal positivism, which find expression in formalistic, contemporary constitutional scholarship on transferral issues, have tended to suppress or render irrelevant inquiries into the way that such intellectual forces as law books actually affected the development of the legal culture of Upper Canada/Ontario.
TL;DR: For over three decades the North Atlantic Treaty Organization (NATO) has based its deterrent on the principle that the United States would retaliate with nuclear weapons if a Soviet conventional attack against Western Europe succeeded as mentioned in this paper.
Abstract: For over three decades the North Atlantic Treaty Organization (NATO) has based its deterrent on the principle that the United States would retaliate with nuclear weapons if a Soviet conventional attack against Western Europe succeeded. This notion has long troubled most strategic analysts. It remained generally acceptable to political elites, however, when U.S. nuclear superiority appeared massive enough to make the doctrine credible (as in the 1950s); when the conventional military balance in Europe improved markedly (as in the 1960s); or when detente appeared to be making the credibility of deterrence a less pressing concern (as in the 1970s). None of these conditions exists in the 1980s, and anxiety over the danger of nuclear war has prompted renewed attention to the possibility of replacing NATO's Flexible Response doctrine (a mixture of nuclear and conventional deterrence) with a reliable conventional deterrence posture that might justify a nuclear no-first-use (NFU) doctrine.1
TL;DR: Islam emerged in the seventh century in Arabia and in less than a hundred years established the early Islamic state, an empire stretching from Spain across North Africa, and from the Middle East to the borders of China as discussed by the authors.
Abstract: There is a great deal of confusion in the West regarding the meaning of Jihad and the role it is playing in shaping the Muslim world. Indeed, it has acquired a pejorative connotation in the minds of many Westerners. The purpose of this discussion is to present an accurate understanding of the concept of Jihad.Islam emerged in the seventh century in Arabia. It grew rapidly and in less than a hundred years established the early Islamic state—an empire stretching from Spain across North Africa, and from the Middle East to the borders of China. It was a state greater in size than the Roman Empire at its zenith.The historical importance assigned to Islam has been controversially assessed. Some have denied that it is a significant world force, others have “grudgingly” recognized its importance while others have seen it as a pivotal event in world history. We take this latter view: Islam should be recognized as a major force of revolutionary change in the world order. Harold Berman, a contemporary commentator on law and revolution in the west, gives a list of six revolutions which changed the Western world. He provides a helpful list of patterns which emerged from those revolutions which he identifies as fundamental change, rapid change, violent change, lasting change, and change in the whole social system. Each revolution sought a legitimacy in fundamental law, a remote past, and an apocalyptic future. Each took more than one generation to establish its roots. Each eventually produced a new system of law which embodied some of the major purposes of the revolution and which changed the Western legal tradition, without destroying it. The appearance of Islam in the seventh century meets these criteria. Using Berman's framwork Islam can be viewed as truly revolutionary.
TL;DR: One widely-stated goal of criminal law theory is to create the set of rules that best implements our collective sense of justice as mentioned in this paper, and the theorist continuously adjusts his theory so that it generates rules that better reflect our fundamental notions of justice.
Abstract: ONE widely-stated goal of criminal law theory is to create the set of rules that best implements our collective sense of justice. To reach this goal, the theorist continuously adjusts his theory so that it generates rules that better reflect our fundamental notions of justice.' These rules, moreover, must function as workable doctrine, which in the context of criminal law means precise statutory provisions.'
Posted Content•
TL;DR: This article explored the historical evolution of the law of quarantine in an attempt to uncover its development through prior understandings of disease, science, and the relationship between the individual and the state.
Abstract: This Article, written in the early years of the AIDS epidemic, explored the historical evolution of the law of quarantine in an attempt to uncover its development through prior understandings of disease, science, and the relationship between the individual and the state The Article then took initial steps toward placing the law of quarantine in the context of the then-current legal doctrine and analyzing its applicability to the early stages of the AIDS epidemic
TL;DR: The authors contend that the British National Health Service, with its centralized planning, prospective funding, and limited resources, is unlikely to foster a doctrine of informed consent based on individual choice in health care.
Abstract: In the case of Mrs. Amy Sidaway, the House of Lords has rejected the “American” legal doctrine of informed consent, which is based on patients' rights, in favor of a standard based on the obligations of the reasonable physician. The British National Health Service, with centralized planning, prospective funding, and limited resources, is unlikely to provide a safe harbor for a doctrine based on individual choice in health care.
TL;DR: It is part of received doctrine among specialists in the theory of international trade that unilateral transfers harm the donor country and benefit the recipient as mentioned in this paper, and it has been asserted by specialists in economic development that, frequently, foreign aid does more harm than good in the recipient country and operates to the advantage of exporters in the target country.
Abstract: It is part of received doctrine among specialists in the theory of international trade that unilateral transfers harm the donor country and benefit the recipient. In sharp contrast to that doctrine, it has been asserted by specialists in the theory of economic development that, frequently, foreign aid does more harm than good in the recipient country and operates to the advantage of exporters in the donor country.
Journal Article•
TL;DR: The authors explored the historical evolution of the law of quarantine in an attempt to uncover its development through prior understandings of disease, science, and the relationship between the individual and the state.
Abstract: This Article, written in the early years of the AIDS epidemic, explored the historical evolution of the law of quarantine in an attempt to uncover its development through prior understandings of disease, science, and the relationship between the individual and the state. The Article then took initial steps toward placing the law of quarantine in the context of the then-current legal doctrine and analyzing its applicability to the early stages of the AIDS epidemic.
Posted Content•
TL;DR: In this paper, the authors surveyed over two hundred promissory estoppel cases decided in the last ten years, and concluded that reliance is no longer the key to the enforcement of any promise made in furtherance of an economic activity.
Abstract: As every law student knows, promissory estoppel is based on detrimental reliance. Law students share this idea with the American Law Institute and with treatise writers. Indeed, promissory estoppel is one of the few points of agreement between the critical legal scholars on the left and the law and economics writers on the right. Both agree that reliance has been the foundation of promissory estoppel, and both accuse the courts of incoherence in applying the doctrine. We have recently surveyed over two hundred promissory estoppel cases decided in the last ten years. Our conclusion is that reliance is no longer the key to promissory estoppel. Although courts still feel constrained to speak the language of reliance, their holdings can best be understood and harmonized on other grounds. Part I of this article reports the results of our survey. It documents the declining role of reliance in establishing liability and determining remedies. It also suggests that most cases denying recovery, purportedly for lack of reasonable reliance, can be readily explained on other grounds. Part II explores the implications of these findings. We believe that a new rule of promissory liability is emerging from the courts' encounters with an economy in which Okun's "invisible handshake" is increasingly important. The rule is quite simple: any promise made in furtherance of an economic activity is enforceable. Our proposed rule unifies promissory estoppel and other exceptions to the consideration requirement with consideration doctrine itself. In each instance, the underlying legal policy is to protect the ability of individuals to trust promises in circumstances in which that trust is socially beneficial. Traditional consideration doctrine allows trust to function in contexts such as sales, leases, insurance, and loans – key economic arrangements that could not function effectively without legal enforceability. Promises involving firm offers, sureties, and options are enforceable without consideration because some economically useful transactions would otherwise be difficult to structure. Promissory estoppel fills a similar function by enforcing promises in other settings not amenable to traditional bargaining transactions, in which reliance is beneficial both to the promisor and to society as a whole. In our view, the expansion of promissory estoppel is not, as some have argued, proof that contract is in the process of being swallowed up by tort. Rather, promissory estoppel is being transformed into a new theory of distinctly contractual obligation. We also think, for reasons that will appear more fully in Part II, that our proposed rule not only harmonizes many otherwise inconsistent cases, but also furthers the often divergent values proclaimed by the law and economics writers and the critical legal scholars. Besides serving the interest of economic efficiency, our proposed rule also furthers the important moral value of mutual trust.
TL;DR: In this paper, the sources of this provincialist constitutional doctrine can be found in the Confederation settlement itself and how the provincial rights movement subsequently used this doctrine to discredit one of the key centralizing devices of the Macdonald constitution, the veto power of disallowance.
Abstract: The rise of the provincial rights movement in the generation after Confederation forms an important chapter in Canadian constitutionalism. In their attempts to understand the provincial rights movement, however, historians and political scientists have paid insufficient attention to the precise constitutional doctrine that was developed to thwart the centralizing designs of Sir John A. Macdonald. This article shows that the sources of this provincialist constitutional doctrine can be found in the Confederation settlement itself. It further shows how the provincial rights movement subsequently was able to use this doctrine to discredit one of the key centralizing devices of the Macdonald constitution—the veto power of disallowance. And it concludes that the legacy of the provincial rights movement continues to inform the way Canadians think about federalism.
TL;DR: The Fairness Doctrine has been applied to new and different situations as mentioned in this paper, including right-to-answer laws for candidates attacked by the print media, since the decision in Red Lion Broadcasting Co. v. FCC.
Abstract: Immediately following the Supreme Court's opinion in Red Lion Broadcasting Co. v. FCC,' which sustained the constitutionality of the Federal Communications Commission's (FCC) Fairness Doctrine,2 a flurry of articles appeared describing how to apply the doctrine vigorously to new and different situations.3 Subsequently, especially after the Court's decision in CBS v. Democratic National Committee4 curtailed access possibilities, and Miami Herald Publishing Co. v. Tornillo 5 refused to sustain right to reply laws for candidates attacked by the print media, most discussions of the Fairness Doctrine have addressed its constitu-
TL;DR: The prior appropriation doctrine has come under criticism for impeding both the efficient allocation of water and the adoption of water conservation improvements as mentioned in this paper, and there are several opportunities for evolutionary reform of the appropriation doctrine in Colorado: more precise definition of key property rights concepts (such as beneficial use, waste and duty of water); improved public administration (e.g., in record-keeping and analysis of water use patterns); and organizational adjustments to reduce transaction costs and strategic behavior.
Abstract: The prior appropriation doctrine has come under criticism for impeding both the efficient allocation of water and the adoption of water conservation improvements. Analysis of water rights statutes and case law revealed the following opportunities for evolutionary reform of the appropriation doctrine in Colorado: more precise definition of key property rights concepts (such as beneficial use, waste and duty of water); improved public administration (e.g., in record-keeping and analysis of water use patterns); and organizational adjustments to reduce transaction costs and strategic behavior. Integration of vested rights with the concept of maximum beneficial use will depend upon such creative adjustments in public and private institutions for water management. 32 references, 3 figures, 4 tables.
TL;DR: In a couple of recent articles, William E. Mann has attempted to expound the idea of divine simplicity anew and to defend it against a number of criticisms as discussed by the authors, suggesting that the doctrine may have explanatory power and other theoretical virtue as part of an overall account of the nature of God, by either entailing or in other ways providing for much else that traditional theists have wanted to say about God.
Abstract: One of the most difficult and perplexing tenets of classical theism is the doctrine of divine simplicity. Broadly put, this is generally understood to be the thesis that God is altogether without any proper parts, composition, or metaphysical complexity whatsoever. For a good deal more than a millennium, veritable armies of philosophical theologians – Jewish, Christian and Islamic – proclaimed the truth and importance of divine simplicity. Yet in our own time, the doctrine has enjoyed no such support. Among many otherwise orthodox theists, those who do not just disregard it completely explicitly deny it. However, in a couple of recent articles, William E. Mann has attempted to expound the idea of divine simplicity anew and to defend it against a number of criticisms. He even has gone so far as to hint at reaffirming its importance, suggesting that the doctrine may have a significant amount of explanatory power and other theoretical virtue as part of an overall account of the nature of God, by either entailing or in other ways providing for much else that traditional theists have wanted to say about God. In this paper, I want to take a close look at Mann's formulation of the doctrine and at a general supporting theory he adumbrates in his attempt to render more plausible, or at least more defensible, various of its elements and implications. As Mann has made what is arguably the best attempt to defend the doctrine in recent years, I think that such an examination is important and will repay our efforts.
Book•
21 Nov 1985
TL;DR: A fascinating in-depth study of Gandhi's personality and thought is presented in this article, where the author explores the evolution of the ideas, attitudes toward religion, the racial problem, and the caste system, his conflict with the British, his approach to Muslim separatism and the division of India, his attitude toward social and economic change, his doctrine of nonviolence, and other key issues.
Abstract: Written for all those whose curiosity about Gandhi was sparked by Richard Attenborough's film, or for anyone who would like to know more about this strangely enigmatic leader, this is a fascinating in-depth study of Gandhi's personality and thought. The book explores the evolution of Gandhi's ideas, his attitudes toward religion, the racial problem, and the caste system, his conflict with the British, his approach to Muslim separatism and the division of India, his attitude toward social and economic change, his doctrine of nonviolence, and other key issues. Throughout, the author sheds new light on the mighty figure who initiated revolutions against racism, colonialism, and violence--three major revolutions of our time.