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Showing papers on "Doctrine published in 1989"


Book ChapterDOI
TL;DR: John Quinn examines the DDE using three pairs of contrasting cases and concludes that certain forms of forced strategic subordination are especially inappropriate among free and equal agents.
Abstract: Situations in which good can be secured for some people only if others suffer harm are of great significance to moral theory. Consequentialists typically hold that the right thing to do in such cases is to maximize overall welfare. But nonconsequentialists think that many other factors matter. Some, for example, think that in situations of conflict it is often more acceptable to let a certain harm befall someone than actively to bring the harm about. I believe that this view, which I call the Doctrine of Doing and Allowing, is correct, and I defend it elsewhere. But there is a different and even better known anticonsequentialist principle in the Doctrine of Double Effect (for short, the DDE). According to one of the common readings of this principle, the pursuit of a good tends to be less acceptable where a resulting harm is intended as a means than where it is merely foreseen. It is this controversial idea that I wish to examine here. There are two major problems with the DDE. First, there is a difficulty in formulating it so that it succeeds in discriminating between cases that, intuitively speaking, should be distinguished. In particular, I will need to find a formulation that escapes the disturbing objection that under a strict enough interpretation the doctrine fails to rule against many or most of the choices commonly taken to illustrate its negative force. Second, there is a question of rationale. What, apart from its agreeing with our particular intuitions, can be said in favor of the doctrine?

356 citations



Book
01 Jan 1989
TL;DR: A survey of Western political thought ranges from Aristotle to "The Federalist Papers", showing how the doctrine of executive power arose and how it has developed to the present day.
Abstract: This survey of Western political thought ranges from Aristotle to "The Federalist Papers", showing how the doctrine of executive power arose and how it has developed to the present day. Although there were various "proto-executives", from Roman dictators to Christian kings, the modern executive first appears with Machiavelli's "The Prince". Yet Machiavelli's strong - even cruel - leader undermines republican theory. Subsequent philosophers, Mansfield argues, seized upon the Prince and transformed him into the American president. Liberalized by Locke, constitutionalized by Montesquieu, Machiavelli's bloodthirsty executive was finally "tamed" by channelling his antinomian energies into a uniquely flexible constitutional framework.

156 citations


Journal ArticleDOI
TL;DR: The Canadian doctrine of function was introduced by John Holmes as mentioned in this paper, who argued that Canada had an overriding interest in the development of institutions and practices conducive to peace, tranquillity, and orderly adjustment in world politics.
Abstract: 'Middle power' and 'functionalism' were key terms in John Holmes's work. His was perhaps the most articulate expression of the thought behind Canadian diplomacy in the reconstruction of international organization after the Second World War. Although the great powers, and in the first place the United States, were, in Dean Acheson's words, 'present at the creation/ Canada and other middle and smaller powers were, as Holmes underscored, 'also present.' Canada's contribution, in Holmes's thinking, should not be just to claim a place for the assertion of particularist national interests. Beyond such particulars, Canada had an overriding interest in the development of institutions and practices conducive to peace, tranquillity, and orderly adjustment in world politics. Middle powers, of which Canada was an exemplar, could be an important influence to this end because, unlike great powers, they were not suspected of harbouring intentions of domination and because they had resources sufficient to enable them to be functionally effective. This in substance was the Canadian doctrine of function-

132 citations


01 Dec 1989
TL;DR: A history of basic thinking in the United States Air Force, 1907-1964, was published by the Aerospace Studies Institute, Air University, in a two-volume format as discussed by the authors.
Abstract: : This history seeks to discover and record the mainstream of thought within the United States Air Force (and its predecessors) concerning the role to be played by air and aerospace power in a deadly struggle for national survival. It seeks to trace the development of a theme of institutional thought, describe the organizational framework in which the thinking took place, and identify individual thinkers and their ideas. In great measure this chronology is the story of dedicated professional men who were attempting to discover the capabilities and limitations of new forms of air and aerospace power and to relate these new characteristics of military power to the defense of the United States and its national interests. The story begins with the first heavier-than-air flight in 1903 and closes at the end of 1984. This ending date permits a coverage of Air Force thinking about counterinsurgency warfare and the military operations in Southeast Asia. This revised two-volume history is an extended version of Ideas, Concepts, Doctrine: A History of Basic Thinking in the United States Air Force, 1907-1964, which the author completed during 1961-64. This original book was first published in 1971 by the Aerospace Studies Institute, Air University, in a two-volume format; it was reprinted in 1974 as a single volume in the numbered-text series of the Air University as AU-19. In view of a continuing demand for the book, the author was brought back from retirement at the end of September 1982 with a two-year contract calling for revision of the original book as necessary to bring it up to date, as of 1984.

122 citations


Book
20 Dec 1989
TL;DR: Dworetz as mentioned in this paper argues that the colonists themselves did not hold this conception of Locke and found an affinity with the principles of Locke's theistic liberalism and derived a moral justification for revolution from those principles.
Abstract: In The Unvarnished Doctrine, Steven M. Dworetz addresses two critical issues in contemporary thinking on the American Revolution - the ideological character of this event, and, more specifically, the relevance of "America's Philosopher, the Great Mr. Locke," in this experience. Recent interpretations of the American revolution, particularly those of Bailyn and Pocock, have incorporated an understanding of Locke as the moral apologist of unlimited accumulation and the original ideological crusader for the "spirit of capitalism," a view based largely on the work of theorists Leo Strauss and C. B. Macpherson. Drawing on an examination of sermons and tracts of the New England clergy, Dworetz argues that the colonists themselves did not hold this conception of Locke. Moreover, these ministers found an affinity with the principles of Locke's theistic liberalism and derived a moral justification for revolution from those principles. The connection between Locke and colonial clergy, Dworetz maintains, constitutes a significant, radicalizing force in American revolutionary thought.

98 citations


Book
01 Jan 1989
TL;DR: In this paper, the authors investigated the relationship between possession and title to land in English law and the application of the doctrine of common law aboriginal title in the United States, Canada, Australia and New Zealand.
Abstract: Possession and title to land in English law - the old real actions, the action of ejectment, abandonment of possession the Crown's title to lands in England - the origin and effect of the Doctrine of Tenures, possession and the record of the Crown's title, exceptional lands the acquisition of territorial sovereignty by the Crown - methods of acquisition of territory, criteria for classifying colonies title to land in uninhabited settled territories - Barbados, British Honduras, Pitcairn Island the effect of Crown acquisition of territory on customary law rights to land - conquered and ceded territories and the Act of State Doctrine, settled territories and customary law title common law aboriginal title - indigenous land use and English law, the doctrine of tenures and the position of the Crown, related issues application of the doctrine of common law aboriginal title - the United States, Canada, Australia.

78 citations


Journal ArticleDOI
TL;DR: In a remarkably fresh and historically grounded reinterpretation of the American Constitution, William Nelson argues that the fourteenth amendment was written to affirm the general public's long-standing rhetorical commitment to the principles of equality and individual rights on the one hand, and to the principle of local self-rule on the other as mentioned in this paper.
Abstract: In a remarkably fresh and historically grounded reinterpretation of the American Constitution, William Nelson argues that the fourteenth amendment was written to affirm the general public's long-standing rhetorical commitment to the principles of equality and individual rights on the one hand, and to the principle of local self-rule on the other.

68 citations



Book
W. H. McLeod1
15 Apr 1989
TL;DR: The Sikhs, a colorful and controversial people about whom little is generally known, have been the subject of much hypothetical speculation as mentioned in this paper, and their non-conformist behavior, except to their own traditions, and their fierce independence, even to demanding autonomy, have recently attracted world-wide attention.
Abstract: The Sikhs, a colorful and controversial people about whom little is generally known, have been the subject of much hypothetical speculation. Their non-conformist behavior, except to their own traditions, and their fierce independence, even to demanding autonomy, have recently attracted world-wide attention. Hew McLeod, internationally known scholar of Sikh studies, provides a just and accurate description in his introduction to this religious community from northern India now numbering about sixteen million people, exploring their history, doctrine, and literature. The Sikhs begins by giving an overview of the people's history, then covers the origins of the Sikh tradition, dwelling on controversies surrounding the life and doctrine of the first Master, Guru Nanak (1469-1539). The book surveys the subsequent life of the community with emphasis on the founding of the Khalsa, the order that gives to Sikhs the insignia by which they are best known. The remaining sections concern Sikh doctrine, the problem of who should be regarded as a Sikh, and a survey of Sikh literature. Finally, the book considers the present life of the community-its dispersion around the world to Asia, Australasia, North America, Africa, and Europe, and its involvement in the current trials of the Punjab. Sikh culture is believed to have been settled and unchanging from the time of the Gurus onwards.The Sikhs, a major new work by a leading authority, reveals that this is a very misleading view. McLeod treats a variety of questions sympathetically and in so doing he establishes a new understanding for students of religion and for all those interested in current events in India.

58 citations


Journal ArticleDOI
TL;DR: In this article, the authors study the relationship between an advantaged cost position and the decision to build market share, and offer a rebuttal of experience curve doctrine, which they call experience curve theory.
Abstract: The author studies the relationship for a typical business unit between an advantaged cost position and the decision to build market share. He first offers a rebuttal of experience curve doctrine, ...


Journal ArticleDOI
TL;DR: The Second Vatican Council was an important moment in the history of Catholic biblical scholarship as discussed by the authors, and it was a watershed moment for the development of the American Church's understanding of Scripture as part of the whole experience of the Church.
Abstract: T SECOND Vatican Council was an important moment in the history of Catholic biblical scholarship. That moment itself, however, had a history within the American Church. American Catholic biblical scholarship has achieved international acclaim in the postconciliar years, but it is heir to past efforts. This essay will trace those efforts through three periods. First, from John Carroll to Vatican I, Catholic thinkers considered Scripture as part of the total experience of the Church, as part of tradition. Second, at the turn of the century, American biblical scholarship, just beginning, fell victim to the same forces that condemned Americanism. Finally, scholars through the first session of Vatican II had to overcome charges of Modernism and to combat what was sometimes not doctrine but a theological interpretation of doctrine.

01 Dec 1989
TL;DR: In this paper, the story of United States Air Force ideas, concepts, and doctrine from the watershed of massive retaliation/flexible response that was occasioned in 1960 is described.
Abstract: : This history continues the story of United States Air Force ideas, concepts, and doctrine from the watershed of massive retaliation/flexible response that was occasioned in 1960. The first three chapters of this volume are in effect reprinted from the 1974 edition of Ideas, Concepts, Doctrine, and the following chapters have been added to bring this never-ending story up to 1984.

Book ChapterDOI
01 Jan 1989
TL;DR: Ordo-liberalism stands for a doctrine of economic policy, one might even say of social philosophy; this doctrine has been defined by economists and some jurists like Walter Eucken, Franz Bohm, Alfred Muller-Armack, Leonhard Miksch, Wilhelm Ropke, Alexander Rustow and others as mentioned in this paper.
Abstract: Ordo-liberalism stands for a doctrine of economic policy, one might even say of social philosophy; this doctrine has been defined by economists and some jurists like Walter Eucken, Franz Bohm, Alfred Muller-Armack, Leonhard Miksch, Wilhelm Ropke, Alexander Rustow and others.1 Its significance is based less on the novelty of the elements or the overall perspective than on its decisive influence on the unfolding of the social market economy after World War II in the Federal Republic of Germany. That influence was introduced into politics particularly by Ludwig Erhard. He was first the Director of Economic Administration in the unified American-British zones of occupation and later Minister for Economic Affairs during the first fourteen years of the Federal Republic of Germany. The influence of Ordo-liberalism still persists. It can be found also in the founding treaties of the European Economic Community and thereby in an international legal system with characteristics similar to a constitution.

Book
25 Sep 1989
TL;DR: For example, the authors argues that the accepted view of "Marbury" is ahistorical and emerges from nearly a century of misinterpretation both by historians and by legal scholars.
Abstract: Few Supreme Court decisions are as well known or loom as large in our nation's history as "Marbury v. Madison." The 1803 decision is widely viewed as having established the doctrine of judicial review, which permits the Court to overturn acts of Congress that violate the Constitution; moreover, such judicial decisions are final, not subject to further appeal. Robert Clinton contends that few decisions have been more misunderstood, or misused, in the debates over judicial review. He argues that the accepted view of "Marbury" is ahistorical and emerges from nearly a century of misinterpretation both by historians and by legal scholars. "This book is without doubt one of the half dozen recent works that will be central to the scholarly dispute about judicial review." "Political Science Quarterly." "Clinton offers a resounding correction of the prevailing orthodoxy on the "Marbury" case that has dominated scholarship in law, history, and political science for roughly the last century. . . . If he contended only 'that Marbury was not a political decision but was based on sound constitutional doctrine and existing legal precedent', this book would still make a quite valuable contribution to the literature. . . . But there is more: the constitutional doctrine and legal precedents Clinton has rediscovered, in which the Marbury ruling is firmly grounded, reveal judicial review to be . . . of profoundly narrower scope than is admitted today by right or left, by originalists or nonoriginalists. . . . Clinton has done [much] to blow away a good deal of fog surrounding Marshall, Marbury, and the scope of judicial power." "Review of Politics." "Every student of judicial review should read this book. Even those who disagree with its main thesis will find it very stimulating." Christopher Wolfe, author of "The Rise of Modern Judicial Review: From Constitutional Interpretation to Judge-Made Law." "An important book. Clinton's new and unorthodox look at Marbury v. Madison is interesting, provocative, and controversial. He presents clearly, forcefully, and persuasively a great amount of evidence to support his thesis." "Social Science Quarterly." "Clinton's reconstruction of the legal academicians' wrangling over Marbury makes delightful reading. . . . He is witty, subtle, and makes points with great deftness." "William and Mary Quarterly." "A coherent, provocative, and welcome challenge to the liberal-Progressive interpretation of judicial review." "Journal of American History.""

Journal ArticleDOI
TL;DR: In this article, the authors discuss the roots of our notion of precedent, Gerald J.Postema change in the doctrine of precedent during the 19th century, Jim Evans theories of adjudication and the status of "stare decisis", Peter Wesley-Smith the rule of precedence, Theodore M.Benditt "practical reason" and "conventional wisdom" -the House of Lords and precedent, Anthony Blackshield why cases have "rationes" and what these are, Neil MacCormick precedent, induction and ethical generalization, Michael S.Moore
Abstract: Roots of our notion of precedent, Gerald J.Postema change in the doctrine of precedent during the 19th century, Jim Evans theories of adjudication and the status of "stare decisis", Peter Wesley-Smith the rule of precedent, Theodore M.Benditt "practical reason" and "conventional wisdom" - the House of Lords and precedent, Anthony Blackshield why cases have "rationes" and what these are, Neil MacCormick precedent, induction and ethical generalization, Michael S.Moore persuasive precedent, Richard Bronaugh.

Journal ArticleDOI
TL;DR: This paper argued that the NSD is a multithematic, mixed with both conservative and progressive ideology, and argued that there really are two distinct NSD doctrines in Latin American military perceptions and policies.
Abstract: Conventional wisdom has it that the Latin American militaries of the 1960s and 1970s were under the strong influence of a single, cohesive, self-reinforcing, and conservative National Security Doctrine. This doctrine, once placed in the hands of military governments, provided them with a justification to stop progressive social and political change movements and to enforce their version of the national security state. This article contends that the NSD is multithematic, laced with both conservative and progressive ideology. Clear "hardline" as well as "softline" positions can be found with different assumptions and arguments about the state, national security, and strategy. Moreover, these positions are sufficiently coherent to suggest that there really are two distinct doctrines. Comparisons between the Southern Cone, on the one hand, and Brazil and Peru, on the other hand, will demonstrate how these views, in turn, gave shape to differing military perceptions and policies.

Journal ArticleDOI
TL;DR: Litigation, in ordinary speech, refers to actions contested in court; this involves a claim, a dispute or conflict, and the use of a specific institution, the court, to resolve the conflict or dispute as discussed by the authors.
Abstract: Litigation, in ordinary speech, refers to actions contested in court; this involves a claim, a dispute or conflict, and the use of a specific institution, the court, to resolve the conflict or dispute. In the past most legal research has consisted of analysis of doctrine and theory about doctrine. But litigation is an important phenomenon in its own right and research lately has shown this. This chapter aims to sketch out a few major areas of research and theory and to add a few brief remarks about the significance of the work thus far. The topics covered include: dispute-centered and court-centered research; quantity of litigation and the so-called litigation explosion; and the impact of litigation on society.


Journal ArticleDOI
TL;DR: Kautsky as discussed by the authors discusses his attitude to Darwinism and neo-Lamarckism and claims, with the latter, to have linked biology and sociology, and used an investigation of basic human drives both as a starting point for his sociology and as a rebuttal of the doctrine that man is motivated only by economic interests.
Abstract: Kautsky discusses his attitude to Darwinism and neo-Lamarckism and claims, with the latter, to have linked biology and sociology. In his magnum opus, he used an investigation of basic human drives both as a starting point for his sociology and as a rebuttal of the doctrine that man is motivated only by economic interests. Social development is in the last analysis due not to class struggles but to technological innovations, but technology alone does not account for economic and social institutions. Its advance under capitalism now guarantees the victory of the proletariat in its class stuggle. - J.H.K.

Journal ArticleDOI
TL;DR: The reaction to this doctrine of Martin Luther's contemporaries, and in particular his critics, is explored in this paper, where the authors propose to look at how they regarded the reformer's conception of the universal priesthood and what they thought its implications were.
Abstract: After the great Reformation principles of ‘faith alone’ and ‘Scripture alone’, probably the most revolutionary doctrine commonly associated with Martin Luther is that of the priesthood of all believers. It is well known that, as it appears in his address ‘to the Christian nobility of the German nation’ of 1520, he intended this doctrine to bring down the walls of the new Jericho by striking at the heart of the distinction between clergy and laity on which the medieval Church was based. What is less well known is the reaction to this doctrine of Luther’s contemporaries, and in particular his critics. I propose to look at how they regarded the reformer’s conception of the universal priesthood, and what they thought its implications were, in the hope of shedding more light on its contemporary significance.


Journal ArticleDOI
TL;DR: According to the classical rules of evidence in Islamic law, written documents could not be brought forward in a legal proceedings as proof of a claim as discussed by the authors, as defined by the jurists, was exclusively oral, anchored in the spoken testimony of present, upright witnesses.
Abstract: One of the most revealing of Muslim doctrines about writing concerns the rather mundane and narrow genre of legal documents. As articulated by early jurists, the doctrine held that such writings as contracts and other private legal documents had no evidential value. According to the classical rules of evidence in Islamic law, written documents could not be brought forward in a legal proceedings as proof of a claim. Evidence, as defined by the jurists, was exclusively oral, anchored in the spoken testimony of present, upright witnesses. This nonrecognition of the evidence value of written documents is remarkable both because it

Book
01 Jan 1989
TL;DR: This article argued that the authentic Christian life is patterned after Christ's death, resurrection, and ascension, made possible by the believer's union with Christ through faith, and argued that for the Genevan reformer John Calvin, the authentic life is composed of three stages: faith, death, and resurrection.
Abstract: The theology of the Genevan reformer John Calvin (1509–1564) has frequently caused misunderstanding and elicited caricature and controversy. This is especially true of Calvin’s doctrine of the Christian life, which is often presented as authoritarian, legalistic, and severe. This essay describes prominent features of the reformer’s understanding of the Christian life, drawn from his commentaries, correspondence, and the Institutes of the Christian Religion (especially Book 3), and argues that, for Calvin, the authentic Christian life is patterned after Christ’s death, resurrection, and ascension, made possible by the believer’s union with Christ through faith.

Book
01 Jun 1989
TL;DR: This third edition has been updated to incorporate the statements issued since the preparation of the second edition, and the authors have revised the introductory chapters to include ideas from the papal encyclical Splendor Veritatis and "Instruction of the Ecclesial Vocation of the Theologian," concerning the various levels of the teachings of the Church.
Abstract: In a single convenient resource, this book organizes and presents clearly the documents of the Catholic church pertaining to medical ethics. Introductory chapters provide the context for interpreting the Church's teachings and guide the reader in applying the teachings to particular ethical quandaries. This third edition has been updated to incorporate the statements issued since the preparation of the second edition. The authors have revised the introductory chapters to include ideas from the papal encyclical Splendor Veritatis and "Instruction of the Ecclesial Vocation of the Theologian," published by the Vatican Congregation for the Doctrine of the Faith, concerning the various levels of the teachings of the Church. Other new statements included in this edition are relevant topics from the papal encyclical "Evangelium Vitae" (abortion, euthanasia, amniocentesis, suicide and withdrawing life support); "the Vatican Congregation of Doctrine and Faith" on uterine isolation; the U.S. bishops on the care of anencephalic infants, genetic testing, and cloning; and, the Pennsylvania Catholic Conference on the treatment for rape in Catholic hospitals.

Journal ArticleDOI
TL;DR: The war on drugs: A new US national security doctrine? Third World Quarterly: Vol. 11, No. 3, pp. 147-169 as mentioned in this paper, is a classic example.
Abstract: (1989). The war on drugs: A new US national security doctrine? Third World Quarterly: Vol. 11, No. 3, pp. 147-169.

Book
30 Jun 1989
TL;DR: The Ethical Teaching of Philo as mentioned in this paper is based on the Logos Doctrine of the Bible and the Epistle of Epiphanius to the Epictetus of the Church.
Abstract: 1. Philo's Doctrine of God 2. Philo's Logos Doctrine 3. Philo's Allegorical Exgesis of Scripture 4. The Ethical Teaching of Philo.

01 Sep 1989
TL;DR: In this article, the power asserted by the federal government to spend funds on programs within provincial legislative jurisdiction, and the influence of that power upon federalism and responsible government is examined.
Abstract: This article examines the power asserted by the federal government to spend funds on programs within provincial legislative jurisdiction, and the influence of that power upon federalism and responsible government. The author maintains that the existence of a "Federal spending power" is inconsistent with Canadian constitutional doctrine and values, and that the political justifications commonly offered in its support do not withstand close scrutiny. At the same time, he contends that the extent of governmental reliance upon the spending power precludes the courts from curtailing its use. He therefore urges a program of political reform going beyond the modest limitations on the spending power proposed in the Meech Lake Constitutional Accord.

Journal ArticleDOI
TL;DR: The doctrine of the national front in France (1972-1989): A “revolutionary programme? Ideological aspects of a national-populist mobilization? New Political Science: Vol. 8, No. 1-2, pp. 29-70.
Abstract: (1989). The doctrine of the national front in France (1972–1989): A “revolutionary programme? Ideological aspects of a national‐populist mobilization. New Political Science: Vol. 8, No. 1-2, pp. 29-70.