Showing papers on "Doctrine published in 1991"
Book•
31 Oct 1991
TL;DR: In this paper, Cohen explores the origins of the Indian army from its early exploitative role, to its performance in World War II when it confronted extreme political and military challenges, and examines the doctrine of civilian control in India and the evolution of the theory of so-called martial races.
Abstract: This book explores the origins of the Indian army from its early exploitative role, to its performance in World War II when it confronted extreme political and military challenges. Cohen examines the doctrine of civilian control in India and the evolution of the theory of so-called martial races. The book serves as an interpretation of the history of the Indian Army in the light of contemporary approaches to nation-building and development theory.
116 citations
Book•
01 Jan 1991
TL;DR: A reissue of a brilliant and accessible introduction to Trinitarian thought Colin Gunton argues that the theology of the Trinity has profound implications for all dimensions of human life Central to his work is his argument that the doctrine should offer ways of articulating the being of God and of the world so that we may be better able to live before God and with each other as mentioned in this paper.
Abstract: A reissue of a brilliant and accessible introduction to Trinitarian thought Colin Gunton argues that the theology of the Trinity has profound implications for all dimensions of human life Central to his work is his argument that the doctrine should offer ways of articulating the being of God and of the world so that we may be better able to live before God and with each other
108 citations
Book•
27 Jun 1991
TL;DR: Herman and Gerry O'Sullivan as discussed by the authors defined the discipline of terrorism, Alexander George the terrorist foundations of recent US foreign policy, Richard Falk American doctrine and counter-insurgent terror, Michael McClintock containment and its failure, the British State and the control of conflict in Northern Ireland, Bill Rolston Indonesia - mass extermination and the consolidation of authoritarian power, Carmel Budiardjo the Reagan doctrine and the destabilization of Southern Africa, Sean Gervasi and Sybil Wong.
Abstract: International terrorism - image and reality, Noam Chomsky "terrorism" as ideology and cultural industry, Edward S.Herman and Gerry O'Sullivan the discipline of terrorology, Alexander George the terrorist foundations of recent US foreign policy, Richard Falk American doctrine and counter-insurgent terror, Michael McClintock containment and its failure - the British State and the control of conflict in Northern Ireland, Bill Rolston Indonesia - mass extermination and the consolidation of authoritarian power, Carmel Budiardjo the Reagan doctrine and the destabilization of Southern Africa, Sean Gervasi and Sybil Wong.
103 citations
TL;DR: The idea of international jus cogens as a body of "higher law" of overriding importance for the international community is steadily gaining ground as discussed by the authors and it was recently confmned by the 1986 Vienna Convention on the Law of Treaties.
Abstract: The idea of international jus cogensas a body of 'higher law' of overriding importance for the international community is steadily gaining ground. First embodied in the 1969 Vienna Convention on the Law of Treaties.' it was recently confmned by the 1986 Vienna Convention on the Law of Treaties.j In its judgment in the Nicaragua Case the International Court of Justice (ICJ) clearly affirmedjus cogens as an accepted doctrine in international law. The ICJ relied on the prohibition on the use of force as being 'a conspicuous example of a rule of international law having the character of jus cogens.'3 The importance of the concept for the international legal order is further confirmed by the trend to apply it beyond the law of treaties, in particular in the law of state responsibility. By relying on ideas closely linked to jus co gens the International Law Commission (ILC) proposed the notion of international crimes resulting from the breach by a state of an international
86 citations
Book•
01 Jan 1991
85 citations
Book•
01 Aug 1991
TL;DR: In this article, Finnis gives an account of the roots of the upheaval in Roman Catholic moral theology in and after the 1960s, and points to a way forward, with examples from the most controversial aspects of Christian moral doctrine.
Abstract: A critique of recent work in moral theology illustrated with examples from the most controversial aspects of Christian moral doctrine. Finnis gives an account of the roots of the upheaval in Roman Catholic moral theology in and after the 1960s, and points to a way forward.
81 citations
TL;DR: Close observers of India's foreign relations in the 1980s disagreed about whether New Delhi's policies toward its smaller neighbors in South Asia' were driven by a clear regional security doctrine as discussed by the authors.
Abstract: Close observers of India's foreign relations in the 1980s disagreed about whether New Delhi's policies toward its smaller neighbors in South Asia' were driven by a clear regional security doctrine. The author of one major study of Indian foreign policy under Indira Gandhi found that "no Indian version of the Monroe Doctrine has functioned in Southern Asia."2 Another analyst agreed, declaring in his comprehensive examination of Indian security policy:
78 citations
TL;DR: The authors argued that retributivism is no longer "the poor relation in the family of theories of punishment" but "seems to be in the ascendant" and in particular has replaced rehabilitation as the conventional justification for the amount of punishment.
Abstract: The quotations above illustrate a dramatic change in the regard in which courts and legislators hold the doctrine of retributivism. That doctrine, seemingly rejected by the Supreme Court a century ago, is today the official basis for penal policy in the nation's most populous state and an acceptable basis on which to send convicts to their deaths. This shift on the part of official legal sentiment parallels a shift in the views of philosophers and legal scholars. Fifty years ago a defender of retributivism acknowledged the general belief "that the retributive view is the only moral theory except perhaps psychological hedonism which has been definitely destroyed by criticism."1 Contemporary scholars assert, however, that retributivism is no longer "the poor relation in the family of theories of punishment" but "seems to be in the ascendant,"2 and in particular "has replaced rehabilitation as the conventional justification for the amount of punishment."3
74 citations
Book•
01 Jun 1991
TL;DR: The United States Air Force of the 199Os faces perhaps the single greatest challenge to its institutional weltanschauung since it became an independent service in 1947 as discussed by the authors, and it faces the prospect of losing the foundation upon which it has based its entire institutional identity and even its very existence.
Abstract: : The United States Air Force of the 199Os faces perhaps the single greatest challenge to its institutional weltanschauung since it became an independent service in 1947. The specter of a hostile, expansionist Soviet Union-which, for the last 45 years, has justified the maintenance of a large strategic air force overwhelmingly oriented to the western European theater is fading fast with no similarly immense threat on the immediate horizon to take its place. As a result, the USAF, perhaps more than any other US military service, faces the prospect of losing the foundation upon which it has based its entire institutional identity and even its very existence. Strategic bombing is not mere doctrine to the USAF; it is its lifeblood and provides its entire raison d'etre. Strategic bombing is as central to the identity of the Air Force as the New Testament is to the Catholic church. Without the Gospels there would be no pope; and without strategic bombing there would be no Air Force. The theology of strategic bombing has influenced every aspect of the Air Force's development since well before World War II. This system of belief too often has led the keepers of the USAF's institutional memory to dismiss as aberrant, peripheral, and irrelevant anything that fell outside the narrow confines of its strategic concepts. The USAF's uncritical approach to its own past has enabled it to declare strategic bombing decisive where it was not (Europe, 1943%5); to claim victory where there was none (Vietnam, 1972); and to neglect those air operations that, indeed, proved indispensable and potentially decisive (tactical air campaigns in the European and Pacific theaters during World War II and in Korea during 1950 and 1951).
62 citations
TL;DR: The Patient Self-Determination Act (hereafter, the Act) creates no new rights for patients or for citizens generally, and merely affirms principles that have their roots in both common law and constitutional law dating back to the late 19th century.
Abstract: The Patient Self-Determination Act (hereafter, the Act), which takes effect on December 1,1991, creates no new rights for patients or for citizens generally. The law requires Medicare/Medicaid-receiving health care providers to inform patients of their existing rights under state law to refuse treatment and prepare advance directives. By doing so, it merely affirms principles that have their roots in both common law and constitutional law dating back to the late 19th century. ("[N]o right is held more sacred, or is more carefully guarded, by the common law, than the right of every individual to the possession and control of his person, free from all restraint or interference of others, unless by clear and unquestionable authority of law." 1 ) Legal and ethical principles that govern decision making about medical treatment, familiar to most clinicians as the doctrine of informed consent, have played a significant role in clinical decision making for decades
TL;DR: In this article, the authors show why and how the practices of Fabians in colonial Africa rested upon a socialist version of the doctrine of trusteeship, and why the British government's abortive colonial offensive of 1947 was unwittingly drawn out of Joseph Chamberlain's failed project to develop the ‘imperial estates' of Africa through large-scale capitalist enterprise to meet British industrial need.
Abstract: This article shows why and how the practices of Fabians in colonial Africa rested upon a socialist version of the doctrine of trusteeship. With its roots in nineteenth-century Comtean positivism, Fabian colonialism originated in an attempt to transcend the limits of Chamberlainite development as part of the radical-liberal reaction against the doctrine of development. The Labour Government's abortive colonial offensive of 1947 was unwittingly drawn out of Joseph Chamberlain's failed project to develop the ‘imperial estates’ of Africa through large-scale capitalist enterprise to meet British industrial need. In 1906, the Liberal Party's electoral programme for free trade defeated Chamberlain's imperial and industrial project. The Liberal victory was followed by the success of radicals and liberals in making land nationalisation and peasant production the cornerstone of colonial policy for Africa. This policy confirmed a colonial formula of the early Fabians, such as Sydney Olivier, and marked out the contours for an imperial socialism that were later straightened out by, for instance, Leonard Woolf. As an African surplus population emerged most obviously in the 1930s, the key word of ‘development’ entered official language and did so in much the same way that it had earlier done in Britain at the turn of the century. Development came to mean state intervention for developing agriculture, and not industry, in an attempt to deal with the problem of urban unemployment and poverty. The agrarian bias of development, notwithstanding the failure of the large schemes of 1947 and the experience of white settlement in Kenya, marks the continuity of Fabian policy to the post-colonial present.
TL;DR: In this article, the authors defend the classical version of ministerial responsibility against recent initiatives to implement a form of direct accountability for administrators, and the negative implications for democratic government of substituting a kind of direct "accountability" of officials, extracted in political forums, for the responsibility of ministers.
Abstract: The article defends the classical version of ministerial responsibility against recent initiatives to implement a form of direct accountability for administrators. Constitutional convention and ministerial resignations from active cabinets in the Canadian federal government and in Britain are described: in neither country do ministers resign for maladministration by their officials, nor does doctrine suggest they should. Rather, the pattern of resignations indicates the importance of collective responsibility, as well as the relative unimportance of ministerial misbehaviour. The conclusion sets out the negative implications for democratic government of substituting a kind of direct “accountability” of officials, extracted in political forums, for the responsibility of ministers.
Book•
01 Jan 1991
TL;DR: In this article, the authors discuss Australia's regional security doctrine - old assumptions, new challenges, Greg Fry, Graeme Cheeseman, and the policy response: the military dimensions of Australia's region security posture.
Abstract: Australia's regional security doctrine - old assumptions, new challenges, Greg Fry. Part 1 General perspectives: a general response, J.D.B. Miller of voices, visions and texts, Nancy Viviani "the shock of the new" and the habits of the past, Richard Leaver multidimensional security - a contribution to the conceptual debate, Joanne Crawford. Part 2 The regional security environment: the Southeast Asia dimension, David Jenkins the regional security environment - South Pacific, Edward Wolfers. Part 3 The policy response: the military dimensions of Australia's regional security posture, Graeme Cheeseman Australia's regional security - old wine in new bottles, Joseph Camilleri. Part 4 Regional security doctrine: comprehensive engagement and Australia's regional security interests in Southeast Asia, Andrew MacIntyre constructive commitment with the South Pacific - Monroe Doctrine or new partnership?, Greg Fry. Part 5 Ministerial response, Gareth Evans. Part 6 Concluding reflections, Hugh Collins.
Book•
25 Jul 1991
TL;DR: The Flawed Process of Public Choice LULU Siting, The Massachusetts Experience The Practical Limits of Participatory Democracy Myth, Reality, and the politics of Disillusionment The Failure of the Remedial Process Private Law Public Law The Inadequacy of Nuisance Doctrine The Complex Dimensions of Neighbor's Loss Structuring a Solution A Recapitulation of the Problem A Proposed Solution as mentioned in this paper.
Abstract: Preface Introduction The Flawed Process of Public Choice LULU Siting, The Massachusetts Experience The Practical Limits of Participatory Democracy Myth, Reality, and the politics of Disillusionment The Failure of the Remedial Process Private Law Public Law The Inadequacy of Nuisance Doctrine The Complex Dimensions of Neighbor's Loss Structuring a Solution A Recapitulation of the Problem A Proposed Solution Conclusions Bibliography Index
TL;DR: This essay evaluates four versions of the Doctrine of double effect: two formulations of the traditional Catholic doctrine, Joseph Boyle's revision of that doctrine, Warren Quinn's version of the doctrine, and the current formulation of the Traditional Catholic doctrine.
Abstract: The Roman Catholic doctrine of double effect (DDE) based on St. Thomas Aquinas statement on the moral permissibility of an action that can be foreseen to have a good effect and a bad effect is used as the basis of the churchs position: on abortion to save a mothers life on the distinctions between using a drug such as morphine to relieve pain but not using a poison which will kill the patient and on the use of life-sustaining treatment. Secular medical ethics is also concerned with these double effect issues. This paper provides a review of 4 different formulations of DDE: the "New Catholic Encyclopedia" statement of doctrine a more standard version (Mangans) of the traditional Catholic doctrine Joseph Boyles formulation of the doctrine and Warren Quinns version. The New Catholic version distinguishes between positively willing or permitting a state of affairs to come into being. Mangans version distinguishes between the intended and the merely foreseen. Boyles version also distinguishes between the intended and merely foreseen but resolves some ambiguities in the application to cases and considers morally permissible actions that are morally forbidden. Quinns version aims to improve upon Boyles version by using a Kantian justification of the distinction which makes both distinctions of intended and foreseen too similar. All versions are considered flawed albeit for different reasons when applied to specific situations of hysterectomy to save the life of the mother which kills the fetus euthanasia or the extent of means used to save a life and abortion. Although the author questions whether ending a human life is always a bad effect for the sake of discussion the Catholic view is assumed to be true. The moral status of the unborn is also assumed to follow Catholic ethics. The application of double effect pertains to those cases that fall within the realm of medical ethics and would be of interest to non-Catholics; it excludes cases pertaining to sterilization masturbation and mutilations.
Book•
30 Sep 1991TL;DR: In this article, the authors present a series of essays about political rhetoric and political reality, including a Prologue to the Cold War Churchill's "Iron Curtain" and beyond The Truman Doctrine.
Abstract: About the Series Series Foreword Preface Political Rhetoric and Political Reality Prologue to the Cold War Churchill's "Iron Curtain" and Beyond The Truman Doctrine The Truman Doctrine Extended: The Loyalty Program Maintenance and the Moral Imperative of the New Political Universe: The Marshall Plan and "X" Critics and Advocates of the New Reality The Final Proofs and Conclusion Postscript Selected Bibliography Index
TL;DR: In 1867 J. S. Mill wrote: ‘There seems to be no little need that the whole doctrine of noninterference with foreign nations should be reconsidered, if it can be said to have as yet been considered as a really moral question at all as mentioned in this paper.
Abstract: In 1867 J. S. Mill wrote: ‘There seems to be no little need that the whole doctrine of non-interference with foreign nations should be reconsidered, if it can be said to have as yet been considered as a really moral question at all’.1 His statement neatly encapsulates the liberal dream and dilemma of a reformed international society. According to this vision, states are to be protected from aggression by a working and workable system of collective security, and the democratic and human rights of their citizens guaranteed by the evolution of a genuine (and preferably self-policing) international civil society.2 For most of the period since 1945, liberal values were championed by one side in the Cold War, but in reality the international system was both defined and maintained by the rivalry of the two superpowers and their respective alliances. Throughout this period, the role of the balance of terror — whether in maintaining or threatening international peace and security — remained the dominant and most fiercely argued question in world politics.
TL;DR: The Guide of the Perplexed is among the most influential works ever written in religious philosophy as mentioned in this paper, and it occupies a unique place in Jewish religious thought, while the majority of subsequent Jewish thinkers have criticized what they understood of Maimonides' text, they have often felt obligated to struggle with his contentions.
Abstract: Maimonides' Guide of the Perplexed is among the most influential works ever written in religious philosophy. It occupies a unique place in Jewish religious thought. While the majority of subsequent Jewish thinkers have criticized what they understood of Maimonides' text, they have often felt obligated to struggle with his contentions. This obligation constitutes the highest expression of respect in Jewish philosophy.
Book•
01 Jul 1991
TL;DR: In this paper, Campo explains the complex array of religious meanings associated with Islamic houses and traces the shifts these meanings have undergone in the Middle East from 7th century to modern times.
Abstract: Contemporary houses are usually recognized as forms of shelter and property. However, recent research in religious studies and in anthropology has shown that houses in pre-modern cultures can embody as well as convey sacred meanings and dominant cultural norms. Bringing together evidence from a wide variety of sources - Islamic scriptures, historical texts, archaeology, and ethnographic research - this book explains the complex array of religious meanings associated with Islamic houses and traces the shifts these meanings have undergone in the Middle East from 7th century to modern times. Campo shows how images of houses expressed in the Koran and Hadith literature have helped shape Muslim ideas about faith and disbelief, Mecca and Medina, sacred history, eschatology and the cosmos. He links his discussion of house symbolism to the establishment of the first Muslim mosques in cities outside of Arabia and to the emergence of the imperial doctrine of the "House of Islam" in 9th century Iraq. Moving to the contemporary era, the author shows that while modernity has affected the meanings Muslims attribute to their houses, it has not effaced them.
TL;DR: In this paper, the authors examined the common heritage principle in the outer space and law of the sea treaties and explored its possible application to Antarctica in relationship to the Antarctic Treaty System (ATS).
Abstract: An effort is underway to apply the common heritage principle to certain unique global resources while promoting economic development Under this precept, property rights to such resources are said to belong to all nations and their citizens rather than being subject to national sovereignty The doctrine is examined in theory and as applied in the outer space and law of the sea treaties Its possible application to Antarctica is explored in relationship to the Antarctic Treaty System (ATS) which is now considering a minerals regime for the continent Assessing the international political situation suggests the powerful bloc of ATS nations will ignore the common heritage principle However, a different outcome is possible, given a convergence of the Antarctic mining and global atmospheric issues of the greenhouse and ozone varieties Under this scenario, the global atmosphere and Antarctica would be common property resources whose property rights are owned by all nations
Book•
31 Dec 1991
TL;DR: Informed Consent and the Doctor's Duty of Disclosure - Medical Paternalism versus Patient Autonomy - The Patient's Right to Know - The Nature and Scope of and Restrictions to the Duty - A Comparative Survey.
Abstract: Contents: Informed Consent and the Doctor's Duty of Disclosure - Medical Paternalism versus Patient Autonomy - The Patient's Right to Know - The Nature and Scope of and Restrictions to the Duty - A Comparative Survey.
Book•
01 Apr 1991
TL;DR: Choice, Contract, Consent (CCC) as mentioned in this paper is a political doctrine based on six first principles that are either self-evident, or readily acceptable to bona fide reason.
Abstract: Choice, Contract, Consent, in restating liberalism, finds its rock-bottom foundations in six first principles that are either self-evident, or readily acceptable to bona fide reason. These simple, relatively undemanding principles dictate the outline of a stable political doctrine. The doctrine is strict, in that it confines the state to mandatory tasks, instead of allowing it discretionary latitude within rules. This is a loose constraint because collective choice can choose its own rules. Political doctrine informs practical politics. In politics, collective choice replace and often overrides individual choice. For this to be legitimate, it does not suffice to respect procedures, such as those demanded by democracy. Collective choice to be morally justified, needs substantive legitimacy too. Choice, Contract, Consent develops the conditions that substantive legitimacy must meet and delineates the restricted class of cases where a liberal government may pre empt the voluntary choices of its citizens.
Book•
01 May 1991
Journal Article•
TL;DR: The fifth scholarch of the Stoa and flourishing in the first half of the second century B.C. as mentioned in this paper receives only passing notice in the standard histories of Stoicism, despite abundant evidence that he effected a far-reaching revision of Stoic doctrine in such fields as linguistics, music education, philosophical psycho 1ogy, rhetoric, ethics, and political philosophy.
Abstract: D IOGENES OF BABYLON, fifth scholarch of the Stoa and flourishing in the first half of the second century B.C. , has not been accorded the attention his philosophical and historical importance merits. 1 He receives only passing notice in the standard histories of Stoicism, despite abundant evidence that he effected a far-reaching revision of Stoic doctrine in such fields as linguistics,2 music education,3 philosophical psycho 1ogy,4 rhetoric,5 ethics,6 and political philosophy.7 Accidents of
Book•
01 Sep 1991
TL;DR: Beeke as discussed by the authors examines the development of personal assurance of faith from 1600-1760 in English Puritanism and its parallel movement in the Netherlands, the so-called Second Reformation.
Abstract: Against the backdrop of the magisterial Reformers (with special attention to Calvin), Dr. Beeke examines the theological development of personal assurance of faith from 1600-1760 in English Puritanism and its parallel movement in the Netherlands, the so-called Second Reformation. In-depth studies and comparisons of William Perkins, Willem Teellinck, the Westminster Confession, John Owen, Alexander Comrie, and Thomas Goodwin convincingly demonstrate with fresh insights that the differences between Calvin and English/Dutch Calvinism on assurance arose primarily from a newly evolving pastoral context rather than from foundational variations in doctrine. By a careful study of the role of God's promises, the practical and mystical syllogisms, and the witness of the Spirit, this study breaks new ground in revealing how English and Dutch Calvinism developed a biblically balanced doctrine of assurance which the Christian church sorely needs today.
01 Jan 1991
TL;DR: Informed consent is the legal embodiment of the concept that each individual has the right to make decisions affecting his or her well-being and requires the disclosure of information by the party to whom consent is given.
Abstract: Informed consent is the legal embodiment of the concept that each individual has the right to make decisions affecting his or her well-being. It is generally accepted that individuals should consider -that is, trade-off -the risks and potential benefits flowing from their decisions. To do so, decision-makers must have knowledge of those risks and potential benefits. The law protects the individual's right to give informed consent by requiring the disclosure of information by the party to whom consent is given. The right to information arises in three substantive areas: products liability failure to warn, worker and community right-to-know, and medical informed consent. In each case, issues regarding the disclosure of risks are similar.