Showing papers on "Doctrine published in 1990"

The Taming of Chance

Abstract: Acknowledgements 1. The argument 2. The doctrine of necessity 3. Public amateurs, secret bureaucrats 4. Bureaux 5. The sweet despotism of reason 6. The quantum of sickness 7. The granary of science 8. Suicide is a kind of madness 9. The experimental basis of the philosophy of legislation 10. Facts without authenticity, without detail, without control, and without value 11. By what majority? 12. The law of large numbers 13. Regimental chests 14. Society prepares the crimes 15. The astronomical conception of society 16. The mineralogical conception of society 17. The most ancient nobility 18. Cassirer's thesis 19. The normal state 20. As real as cosmic forces 21. The autonomy of statistical law 22. A chapter from Prussian statistics 23. A universe of chance Notes Index.

Muslim travellers: pilgrimage, migration, and the religious imagination

Abstract: Focusing on travel in Muslim societies from Malaysia to West Africa to Western Europe from the first centuries of Islam to the present, the contributors to this edition investigate the role of religious doctrine in motivating travel While pilgrimage is usually seen as travel with a uniquely religious purpose, this exploration of the role of travel in Muslim societies and in Islamic doctrine shows that other forms of travel - for learning, visits to shrines, exile, and labor migration - also shape the religious imagination Conversely, travel for specifically religious purposes often has important economic and political consequences The contributors explore the transnational and local significance of pilgrimage and migration, showing how these journeys heighten a universal sense of 'being Muslim' while also inspiring the redefinition of the frontiers of sect, language, territory, and nation In this way, encounters with Muslim 'others' have been as important in shaping community self-definition as encounters with European 'others' Linking pilgrimage and migration to issues such as class, ethnicity, and gender, "Muslim Travellers" will be of special value to students of history and anthropology and to those in cross-disciplinary courses such as Islamic civilization and world religions

Falling off the vine: legal fictions and the doctrine of substituted judgment.

Abstract: The legal fiction used to be a hot topic on the jurisprudential agenda. It was written and talked about passionately by those who wrote and talked about such things in the nineteenth and early twentieth centuries. Then interest in the subject withered and died, and virtually fell off the vine. Why would anyone want to write, or read for that matter, an article about a formerly hot topic? For historical insight perhaps. Subjects that were once intensely debated can reveal the circumstances and concerns of those who went before us; they promote an understanding of an earlier time. But even the historical purist needs to feel that a formerly hot topic has some bearing on how we lead our lives today-or that the insights we gain from its study might matter in the future somehow. I would like to revive the debate on the legal fiction. It is a subject worthy of enduring concern. I came to this conclusion from my study of the history of the doctrine of substituted judgment, which has its origins in the early nineteenth-century law of lunacy. Lord Eldon crafted the legal fiction of \"doing that which it is probable the lunatic himself would have done,\" permitting equity courts to make gifts of the lunatic's surplus income to relatives for

Jerusalem and Babylon: A Study Into Augustine's City of God and the Sources of His Doctrine of the Two Cities

Abstract: This book provides a new introduction to Augustine's City of God and his doctrine of the two cities, sources of this doctrine in Manichaeism, (Neo)Platonism and the pre- Augustinian Jewish and Jewish-Christian traditions.

Remarks on Scelle's Theory of “Role Splitting” (dédoublement fonctionnet) in International Law

Abstract: It is the purpose of this paper to focus briefly on one of the main pillars of G. Scelle's contribution to the theory of international law, namely his construct of "role splitting" (^dedoublement fonctionner) in the international legal community. To this end, I shall first sketch out Scelle's view and then endeavour briefly to appraise it Finally, I shall raise the question of whether the doctrine is still vital today.

Islamic Fundamentalism in Egyptian Politics

Abstract: Overview - Introduction - Contemporary History of Fundamentalism in Egypt - The Muslim Brotherhood: Ideology and Program - The Jama'at - The Radical Jama'at - Popular Islam and the Official Ulama - Attitude Toward Foreign Policy Issues - Strategy and Doctrine - Assessment and Conclusions (1990) - Assessment and Conclusions (2002) - Appendix: Ayman al-Zawahiri on the failures of fundamentalism in Egypt and need to go global

"A new kind of war" : America's global strategy and the Truman Doctrine in Greece

Abstract: In the aftermath of the Second World War, civil war erupted in Greece between Western-orientated government forces and Communist rebels. The Truman administration subsequently became heavily involved in the internal conflict, including the establishment of an American military presence on Greek soil and regular arms shipments. This early containment policy, focusing on Greece as a crucial outpost in the Mediterranean arena, was symbolic of "America's Commitment to Free World Principles", and her fear that the Soviet's ultimate goal was world domination.

The Genesis of Doctrine: A Study in the Foundation of Doctrinal Criticism

Abstract: Explores the crucial issue of the authority of the past in Christian theology, focusing especially on how doctrine serves to maintain continuity within the Christian tradition.

The Doctrine of Commercial Impracticability in a Second-Best World

Abstract: ORDINARILY, a promisor who fails to perform a contractual obligation must pay damages to the promisee for breach of contract. But if the promisor is \"unable\" to perform because an extraordinary contingency materializes, and the promisor has not expressly assumed the risk of that contingency, the courts may relieve the promisor of the obligation to perform. At common law, such decisions fall under the doctrine of \"impossibility.\"' The Uniform Commercial Code (U.C.C.) adopts the term \"impracticability'\"2 which, for convenience, is used throughout this article to refer to both U.C.C. and common-law doctrine. This article explores the conditions under which a discharge of contractual obligations is efficient following an event that makes performance \"impracticable,\" such as an extraordinary increase in the cost of per-

The American Civil War and the origins of modern warfare : ideas, organization, and field command

Abstract: Acknowledgments Introduction Ideas and Education 1. Theory, Doctrine, and the Tactical Maze: From Jomini to Dennis Hart Mahan Early Change and Continuity in the East 2. Tactical and Strategic Reorganization: McCleilan and the Origins of Professionalism 3. More Reorganization: The Army of the Potomac Elan, Tradition, and Change in Confederate Virginia 4. Elan and Organization: Early Field Command in Virginia 5. Intimations of Modern Warfare: Lee and the Army of Northern Virginia Continuity and Change Western Style 6.Manuever and Tactics: The First and Second Lines of Confederate Defense 7. The Emergence of Trench Warfare: The Third Lines of Confederate Defense 8. Trench Warfare and Maneuver Organizational Irony 9. Loss of Legitimacy: The Peculiar Fate of Engineering Organization New Thresholds of Modern Warfare 10. Position and Attrition: From the Wilderness to Richmond 11. Organization, Maneuver, and the Strategy of Exhaustion: To Atlanta and Beyond Notes Works Cited Index Illustrations Follow p. 78

Terminal Railroad Revisited: Foreclosure of an Essential Facility or Simple Horizontal Monopoly?

Abstract: rOLLOWING the Supreme Court's 1986 decision in Aspen Ski,' there has been a renewed interest in the "essential facilities doctrine." The doctrine, as we understand it, is inconsistent with economic theory. Broadly stated, the doctrine says that, if assets cannot be economically reproduced by another firm but are economically essential to all producers of some good, then all producers of that good should have equal access to the assets. The doctrine presumes that the firm controlling such assets will not provide access equally to all firms. This problem is thought to be particularly acute in cases where the firm owning the asset is one among a group of competitors needing that asset to produce some other good. The case that has been cited as "establishing" the doctrine and the "classic essential facilities case"2 is United States v. Terminal Railroad Association of St. Louis.3 Several recent articles4 on this case detail three important propositions:

Offense And Defense In Israeli Military Doctrine

Abstract: Background the IDF's offensive doctrine - origins and characteristics a reappraisal of the foundations of Israeli doctrine revitalizing Israeli military doctrine.

The Politics of the Rule of Law

Abstract: . The rule of law should be understood as part of the culture of democracy which requires a distribution of power between a periodically elected legislature and executive and an independent, but publicly accountable, judiciary in charge of a more slowly changing legal doctrine. The rule of law is also essential for the protection of individuals in fast changing pluralistic societies. In both its aspects the doctrine is a product of a particular historical culture, and requires a culture of legality, and not merely the introduction of a few legal rules, for its proper functioning.

The Gender Question in Criminal Law

Abstract: Over the past decade, both the doctrine and the practice of criminal law have come under intensely critical review by feminist scholars and reformers. The territory under reexamination by or because of feminists spans the problems of women as witnesses, defendants, and prisoners in the criminal justice system; it extends to the situation of women as potential victims and offenders in diverse offense circumstances. Crimes in which the defendant or victim is typically female (e.g., prostitution, rape) are predictable subjects of feminist concern, but attention has extended as well to the dynamics of women's experience (arguably distinctive and certainly neglected) in connection with such offenses as assault, shoplifting, drug offenses, and even armed robbery.Feminist criticism and reform efforts have focused for the most part at the level of specific rules or particular areas of practice. In this paper I want to comment on the structure of the feminist critique and to compare its underlying assumptions to those of criminal law as it has been traditionally understood and practiced. In at least some of its prominent versions, feminism entails orientations and commitments incompatible with those of the received criminal law tradition. To the extent that this is true, criminal law, constructed and expounded almost exclusively by males, can fairly be characterized (descriptively) as “sexist” or at least “gendered” (that is, male-oriented) in its core assumptions. Moving to normative ground, I suggest that if the descriptive claims of the feminist movement are true to any substantial extent, then criminal law – conceived in terms seemingly uncongenial to a large part of our population – would require thorough reexamination.

Descartes on Time and Causality

Abstract: H istorians of philosophy commonly believe that Descartes took time to be made up of temporal atoms.' He is thought to have believed in the discontinuity of time; and his conception has been characterized as cinematographic. The standard view is that Cartesian temporal atoms have no duration and, hence, are indivisible. Since Descartes never explicitly set forth his supposed atomism, the support for the established interpretation comes from those passages where he holds that parts of time are mutually independent. These texts, some have argued, commit him to temporal atomism.2 Nevertheless, the standard view has not altogether lacked its critics. Jean Laporte and more recently Jean-Marie Beyssade have objected to it, maintaining that Descartes held a doctrine of time as continuous.3 They have argued that Descartes explicitly claimed that consciousness is not instantaneous. Furthermore, some have contended that from Descartes's denial of material atomism the denial of temporal atomism follows.4

Interpretive bioethics: The way of discernment

Abstract: This paper critically appraises the applied action-guide approach to bioethics and finds it wanting in two ways: it is tethered to a social contract view of the doctor-patient relationship that is largely incompatible with experiences of illness and care; and, as a formalist doctrine, it lacks critical edge and tends toward accommodationism. An alternative approach is recommended that involves interpreting moral experience by means once associated with the rhetorical arts — practical reasoning, hermeneutics, casuistry, and thick description.

Dynamics of theology

Abstract: The award-winning author of Jesus Symbol of God here introduces the discipline of theology. Jesuit Haight provides the fundamental grounds for retrieval of traditional doctrine in new interpretations that bear upon our life in the world today.

The artifact issue in deterrence research

Abstract: The often-observed negative correlation between crime rates and estimates of the objective certainty of a legal punishment is interpreted by some as support for the deterrence doctrine. Others, however, characterize the correlation as inherently artifactual because the variables being correlated have a common term (number of crimes is the numerator of the crime rate and the denominator of the objective certainty variable). Still others argue that the correlation is not inherently artifactual but is nevertheless spurious because of measurement error. This paper shows that the negative correlation is not inherently artifactual and provides evidence to support the measurement error interpretation. Unfortunately, however, there is no definitive way to demonstrate whether the negative correlation between the crime rate and the objective certainty of punishment rejects deterrence or merely measurement error.

The US-Turkish-NATO Middle East Connection: How the Truman Doctrine and Turkey's NATO Entry Contained the Soviets

Abstract: Acknowledgements - Preface - Introduction - Middle East Defense: An Historical Overview - Turkey in Perspective: On the Eve of the Truman Doctrine - The Truman Doctrine: Origins and Significance - The Beginnings of Greek-Turkish Aid, 1947-51 - The United States Develops a Middle East Policy, 1948-52 - Turkish Entry into NATO, 1950-51: The United States' Role - The United States helps Turkey Assume its NATO Responsibilities 1951-55 - The Middle East Command: An Idea in the Making - A Turkish Role on Regional Defense - Progress Toward a Middle East Defense Organization - Subsequent United States-Turkish Relations - Turkey's Role Today - Index

Requiem for Revolution: The United States and Brazil, 1961-1969

Abstract: An examination of the Brazilian revolution of 1964 which was not the "revolutionary effort" that Kennedy had sought. Yet it bore an American, anti-communist imprint. When the president was overthrown, Washington embraced the new regime and gave generous support throughout the 1960s. Kennedy had pressed his aides to define a new doctrine of counterinsurgency. As constructed to fit the American reading of the Brazilian situation, the doctrine called for covert operations to get conservative anticommunists elected to the Brazilian Congress, to arm and train anticommunist guerrillas and to mobilize businessmen, military officers, housewives, priests and students in an anticommunist crusade. Simultaneously there was to be overt pressure on the Brazilian government by State Department officials and by special White House emissaries. The pattern did not have to be reinvented for Central America in the 1980s.

The View from the Province. A Dilemma for Protestants in Germany, 1648–1918

Abstract: Uber dem Berg gibst auch Leute. This ultramontane remark made in 1742 by Christoph Matthaus Pfaff, professor of theology and chancellor of Tubingen University between 1720 and 1756, was intended to shake students out of their cosy, provincial and exclusive Lutheran theology. It was time, so Pfaff argued, they opened windows, put aside their arrogant hair-splitting about correct Lutheran doctrine, and looked at the wider Protestant world beyond Wurttemberg. Knowledge of the sources of the Christian Church, and of the customs and legal shape of Protestantism in Germany as it had developed since the Reformation, provided the only sure defence of the Protestant Church in an age when autocratic behaviour was fashionable with princes, and the temporal authority of Popes Clement xi and Clement XII was still an inescapable fact.

The Role of Subjective Benefit in the Law of Unjust Enrichment

Abstract: The boundaries of the law of unjust enrichment are only now being drawn. The way has been pioneered by Goff and Jones' and Birks,2 and in the spirit of true frontiersmen they have sought to annex as much territory as possible. Much of the ground claimed by them has been taken legitimately. But in certain areas they have transgressed. In particular, it is submitted that by adopting an overinclusive concept of subjective benefit through the vehicle of 'free acceptance' they have staked too great a claim. And that threatens not only the conceptual purity of the developing doctrine of unjust enrichment, but also its status as a legitimate legal event having as much a place in English law as contract and tort.3 Broadly speaking, a plaintiff who asserts a claim in unjust enrichment must do two things--establish benefit and demonstrate that its receipt is 'unjust'. This article is concerned only with the former. Its purpose is to consider the role of free acceptance, or any other subjective benefit substitute, in the law of restitution.4

G. L. S. Shackle’s Place in the History of Subjectivist Thought

Abstract: Most of us are familiar with an experience that, baffling and discouraging as it is in the narrower context of expounding subjectivist doctrine, points to the existence of a deeper problem pertaining to the way in which economists understand their own role. The experience is this: having referred a friend or student to Shackle’s work, one is told after a time that, gratifying and exciting as the experience was, the reader found it hard to see what all this had to do with the daily concerns of economists.

The Legacy of the Monetarist Controversy

Abstract: It is not quite true, as one (hostile) commentary has asserted, that Monetarism was developed by “Milton Friedman at the Federal Reserve Board (sic) of St. Louis,” but it is nevertheless the case that the intellectual environment created at this Bank by Homer Jones ensured that the doctrine took root and flourished here when it was very much a minority taste elsewhere.1 And indeed, at least two early and seminal contributions to the Monetarist controversy, Andersen and Jordan (1968) and of course Brunner (1968), which gave the controversy its label, first appeared in the Bank’s Review. The Monetarist controversy, therefore, is surely a suitable topic for this lecture. Now Monetarism has been much defined and debated over the years, to the point at which one may find authority for applying the term to almost any economic andlor political doctrine one likes, or more probably dislikes. However, it is not so much my purpose here to define that doctrine in detail yet again, as it is to discuss the consequences for the development of monetary economics, both in theory and practice, of the debates to which it gave rise during the 1960s and 1970s.