Showing papers on "Doctrine published in 1992"

Rhetoric in an organizational society : managing multiple identities

Abstract: What does it mean to speak with a collective voice? This is the central question addressed in "Rhetoric in an Organizational Society". The author explains how in advanced industrial society many of the messages that individuals see and hear are associated with organizations of great size, resources, and power. Organizational messages take the forms of advertising, public relations, issue advocacy, doctrine, annual reports, policy statements, newsletters, declarations, and so forth. However, given an accustomed emphasis on the individual, citizens and scholars alike have difficulty interpreting messages that represent collectiveness. Cheney cites the historic case of the United States Catholic bishops' pastoral letter "The Challenge of Peace" (1983) to illustrate the management of multiple identities in the world's largest and oldest organization - the Catholic Church. The bishops struggled with their identities, both individually and as a corporate body; they handled multiple interests and groups, inside and outside the Church; and they dealt with the audiences they sought to influence, including US Catholics, the Reagan administration, and the larger public.

The philosophical origins of modern contract doctrine

Abstract: The common law of England and the United States and the civil law of continental Europe have a similar doctrinal structure, a structure not found in the English cases or Roman legal texts from which they supposedly descend. In this original and unorthodox study of common law and legal philosophy the author throws light on the historical origins of this confusion and in doing so attempts to find answers to many of the philosophical puzzles which contract lawyers face today. Reassessing the impact of modern philosophy upon contract law, the author concludes that modern philosophy having failed to provide a new basis for a coherent doctrinal system in the law of contract, the only hope for devising such a coherent system lies in rediscovering the neglected philosophy of Aristotle and Aquinas.

The logic of scientific discovery

Abstract: Described by the philosopher A.J. Ayer as a work of 'great originality and power', this book revolutionized contemporary thinking on science and knowledge. Ideas such as the now legendary doctrine of 'falsificationism' electrified the scientific community, influencing even working scientists, as well as post-war philosophy. This astonishing work ranks alongside The Open Society and Its Enemies as one of Popper's most enduring books and contains insights and arguments that demand to be read to this day.

Protestant fundamentalism and the retributive doctrine of punishment

Abstract: In Gregg v. Georgia in 1976, the U.S. Supreme Court declared that public opinion, including the public's presumed desire for retribution, can be a legitimate basis for penal policy. Subsequently, the retributive doctrine has guided sentencing reform across the nation. But variation among the public in support for retribution as the goal of punishment and the effects of religion in shaping public sentiments about punishment have received little attention from researchers. Drawing from recent work on attribution theory and religion, this paper proposes and reports evidence that public support for the retributive doctrine is closely linked to affiliation with fundamentalist Protestant denominations and fundamentalist religious beliefs. The normative implications of such a connection are addressed.

Foucault's Expulsion of Law: Toward a Retrieval

Abstract: This essay argues that there is an important sense in which Foucault gets law wrong—that the pursuit of Foucault's own objectives had the unintended consequence of inhibiting a fruitful interrogation of the place of law in modernity. His immediate concern was with the emergence of distinctive manifestations of modern power that constitute a new configuration, the disciplinary society. The most distinctive feature of his account of the historical emergence of modernity was his expulsion of law from modernity. This “expulsion of law” is found in his metahistorical thesis that law constituted the primary form of power in the premodern era, and that although law lingers on in the doctrine of sovereignty, it is supplanted by discipline and government as the key embodiments of modernity. The essay proposes an exercise in retrieval, a “retrieval of law,” to recuperate much in Foucault's thought that is suggestive for our understanding of law's role in the constitution of modern society. It rejects Foucault's opposition of law and discipline and makes use of his treatment of government and governmentality toward that end. It argues that a more adequate grasp of the place of law in modernity can be developed by establishing that law and discipline are complementary and characteristically combine in the ubiquitous presence of regulation as the mark of the modem condition.

Fascist Doctrine and the Cult of the Romanità

Abstract: In a recent article published in this journal, Emilio Gentile briefly mentioned the cult of the romanita to illustrate his thesis about fascism as a political religion.' Gentile's observations on the (semi-) religious connotations of fascist doctrine are relevant to the debate concerning the ideological character of fascism. His thesis offers an adequate terminology for the description of fascism as a flexible type of doctrine, without leading to a nihilistic stance about the relevance of the study of fascist ideology. Although fascism hardly qualifies as an 'established' and consistent ideology of the Marxist type, a reconstruction of the doctrinal development of fascism (and its roots) is vital for our understanding of the relative success of the regime during the years of consensus. From a historiographical point of view, there is another important aspect of Gentile's article: he is one of the first scholars of fascist history to acknowledge the relevance of the cult of classical Roman history for fascist propaganda during the 1930s. In fact, he seems to support the thesis that the romanita was of major importance for the propaganda of fascist political doctrine during that decade. This was noted by various Italian scholars of antiquity such as Luciano Canfora and Mariella Cagnetta.2 Up until now, most historians of fascist ideology have dealt with the cult of the romanita as being of merely rhetorical and symbolic value for fascism, especially in propaganda concerning the Italian imperialism of the 1930s. Following this interpretation we are compelled to consider the use of the romanita within fascist 'imperial' propaganda as an opportunistic choice of 'Roman' catchwords and symbols, lacking any substantial ideological coherence and with no intellectual background of any standing.3 We are compelled to believe that fascist propaganda only emphasized the 'Roman' roots of the ducismo and the 'Roman'

Sirens of the Strongman: Neo-Authoritarianism in Recent Chinese Political Theory

Abstract: China's year of upheaval, 1989, was full of incongruities. For example, students invoked the historic struggle of intellectuals to “revive China,” while at the same time erecting statues modelled after the symbol of a foreign power with a long history of objectionable conduct toward their country. One of the most interesting incongruities, however, emerged not in the streets, but in the pages of Chinese journals. Highly-placed intellectuals debated the theory of neo-authoritarianism, a doctrine new to the People's Republic, but one which reflects the policy prescriptions of pre-revolutionary Chinese leaders and contemporary Third World strongmen. Advocates of the doctrine were ideologically and, in some cases, organizationally, close to Zhao Ziyang, then the general secretary of the world's largest Communist Party, but their theory was classically conservative. The debate, moreover, was waged without reference to Marxism by either proponents or opponents.

What Is a Muslim-Fundamental Commitment and Cultural Identity

Abstract: What Is a Muslim? Fundamental Commitment and Cultural Identity Akeel Bilgrami This paper studies the question Whakis a Muslim?' in the dialectic of a conflict arising out of a concern for Islamic reform The conflict is one that arises because of moderate Muslims' fundamental commitment to a doctrine which contains features that are often effectively invoked by the absolutists. If a full analysis of the commitment reveals its defensive function which has disabled Muslims from a creative opposition to the absolutists, and if, moreover, this function of the commitment is diagnosed as itself based on a deep but common philosophical fallacy, it should be possible then for moderate Muslims to think their way out of this conflict and to transform the nature of their commitment to Islam, so that it is not disabling in that way.

Odious Debts: Loose Lending, Corruption, And the Third World's Environmental Legacy

Abstract: Introduction: the tragedies of the commons Part 1 The environment's demise: the environment legacy of yesterday's loans the environment strikes back the environment strikes back - the economy the asset sale the debt crisis' silver lining Part 2 Easy lenders: introduction - the Queen comes to Sicartsa bankers to the Third World a credit union for countries the new mercantilists givers and takers the petrodollar recyclers Part 3 Eager borrowers: introduction - ponzi writ large the business of the state money for the military despots on the dole corruption in high and not-so-high places the Nether borrowers unchecked governments Part 4 The Third World's tax revolt: introduction - illegitimate debts the doctrine of odious debts mercantile law versus the people the virtues of taxation conclusion - tragic commons no more

The Real-Bills Doctrine in the Light of the Law of Reflux

Abstract: This chapter considers the law of reflux and its alternative interpretations: (1) as a monetary policy rule for stabilizing the price level and (2) as rule for individual banks to follow to remain liquid. The chapter argues that Adam Smith endorsed only the second interpretation, and that the motivation for Smith to endorse the real-bills doctrine was his belief that banks were subject to what John Fullarton would later call the law of reflux. The paper discusses Smith’s reasoning in support of the real-bills doctrine in comparison to Fullarton’s analysis of the law of reflux as well as Fullarton’s equivocal attitude toward the real-bills doctrine.

Beyond the Privacy Principle

Abstract: This chapter develops a conceptual compass that will enable critical constitutional analysis of homosexual sodomy statutes to move beyond the privacy paradigm. When Hardwick is viewed in the light of this history, it becomes possible to argue—indeed impossible to deny—that the case presents a number of issues that require a more realistic analysis than the privacy principle can provide. Privacy doctrine's reliance on the concept of personhood is not surprising; after all, personhood is the predominant category employed in the rights-granting provisions of the Constitution. In "The Right of Privacy," Jed Rubenfeld seeks to build an "anti-totalitarian" case against the constitutionality of the homosexual sodomy law upheld in Hardwick. The fact that the intersection of homosexual sodomy law and homophobic violence overruns the abstract legal and political rationality of American constitutionalism ought not blind us to its real and practical effects.

A Sociolegal History of the Tobacco Tort Litigation

Abstract: Nostalgia buffs hold the 1950s in especially high regard. It is generally thought to be the last decade of America's innocence-a period of relative quiescence in which political activism was at a low ebb. Post-war industrial growth had brought unprecedented economic prosperity, but misgivings about the costs of the new affluence-the development of a refined sensitivity to health and safety concerns that would strongly influence popular attitudes beginning in the next decade-had yet to arise.l Tort law, on the whole, mirrored these cultural themes. By the late 1960s, what would be heralded as a revolution in products liability law had begun, reflected in the adoption of "strict liability" for defective products.2 Spurred on by a newly emerging concern about toxic exposures and a broader-based rise in claims consciousness on the part of the public, tort awards and tort doctrine were swept up in a period of legal turbulence that

God, Eternity and the Nature of Time

Abstract: Preface - Abbreviations - Establishing the Parameters - The Witness of Scripture - The Doctrine of Divine Timelessness: An Historical Sketch - A Coherent Model of Absolute Timelessness - The Stasis Theory of Time: A Critique - A New Doctrine of Eternity - Bibliography - Index

Predestination, Policy and Polemic: Conflict and Consensus in the English Church from the Reformation to the Civil War

Abstract: This is a major study of the theology of grace in the English Church between the Reformation and the Civil War. On the basis of a wide reading of both English and continental writings, the author challenges the prevailing view that there was essentially a 'Calvinist' consensus in the Elizabethan and Jacobean Church, and stresses instead an indigenous latitudinarianism of doctrine against which a concerted campaign was conducted in the last decade of the sixteenth century in the controversies which led to the Lambeth Articles. Mr White reviews the impact Arminian ideas had in England, firstly through a detailed exposition of the theology of Arminius, and subsequently by means of a review of the links between the English and Dutch churches as the quarrel between the Remonstrants and Contra-Remonstrants reached its climax in the Synod of Dort. Other chapters discuss the place of Hooker in English theology, the impact of Richard Montagu, the ideas of Thomas Jackson, the writings of Neile and Laud on predestination, and the regulation of doctrine in the period of Personal Rule. At all stages the theological debate is related to its political - and often polemical - context, not least in a carefully documented reassessment of the role of the court both in the last years of James' reign and in the early years of the rule of Charles I.

Should Deterrence Fail: War Termination and Campaign Planning

Abstract: : Our current operational doctrines display a serious blind spot with regard to the issue of conflict termination. How should the operational commander translate the political or military objectives of a conflict into war termination conditions to be achieved as the product of a campaign? This essay argues that war termination deserves equal billing with other aspects of the campaign planning process and should be guided by a set of principles or guidelines which, like; other dimensions of that process, are best considered earlier rather than later. Based on a review of existing theory and recent historical illustrations, it suggests three requirement which war termination doctrine must address: operational doctrine should tell us something about how to define military conditions in a manner that relates those conditions to strategic aims ; it should facilitate a military contribution to the bargaining process inherent in the terminal phases of a war; and it should help to guide the transition from hostilities back toward a state of peace.

The Revolution in the Concept of Politics

Abstract: T HE BIRTH OF THE CONCEPT of reason of state in the sixteenth century and its diffusion in seventeenth-century Europe involved a revolution in the understanding of politics.' As is well known, "reason of state" is the doctrine that asserts that the preservation of the state -understood simply as dominion (legitimate or illegitimate) -can be pursued by any means, just or unjust.2 The emergence of this conception was a revolution in the sense of representing a profound change in the meaning and scope of the concept of politics as well as that of political man and political science. In spite of its magnitude, however, contemporary scholars have paid little or no attention to it. One is tempted to speak of a forgotten revolution. Most of the traditional historians of political thought do not even mention it.3 Students of reason of state, on the other hand, have not adequately clarified its historical meaning and implications. Friedrich Meinecke, in his seminal work Die Idee der Slaatrason in der Moderne Geschichte, correctly remarks that the doctrine of reason of state is a product of the "modem Western world." He also stresses, however, that "raison d'etat is the fundamental principle of national conduct, the State's first Law of Motion." Thus reason of state has always existed and will always do so: the modem world did not create but discovered it through the genius of the heathen Machiavelli. Leaving aside for a moment the question of whether Machiavelli was the true spiritual father of reason of state, the most serious weakness of Meinecke's work is that it does not offer us any indication as to why sixteenth-century political thinkers felt the need to invent an expression that was not available in the current language of the time.4

Reflections on Identity

Abstract: The cold war, which dominated nearly all U.S. public life for most of the latter half of this century, interrupted a debate about the crisis in modernity that had erupted at the turn of the century and occupied much of philosophical and social thought until World War II. Most anti-Stalinist intellectuals were fiercely committed to modernity's putative achievements-individualism, democracy, and social (if not always cultural) pluralism-which had their basis in ideas as old as the era of revolution that accompanied the rise of the middle class in the seventeenth century and reached their apogee with the liberal revolutions during the following two centuries. For both socialist intellectuals and the modern liberals who presupposed them, these values were typically framed in terms ineluctably connected to universalism and its cardinal principle, faith in progress. According to this doctrine, the history of humankind was, in Croce's felicitous phrase, "the story of liberty."' Featured in this narrative were the beneficent effects of industrialism driven by scientific and technological knowledge and the division of labor, which stood alongside liberal democracy and individual rights as goals whose achievement was as inevitable as the eventual eradication of poverty and hunger. At the center of progressivism-the political expression of modernity-was the striving individual. Yet one of the perplexing questions for Anglo-American philosophy was how to establish the ground for individuality in an increasingly complex social world dominated by the growth of large economic enterprises protected by a centralized state. The proposition that the individual is identical with itself is one about which Locke had no doubt. For even if identity cannot be established by the positing of unique substance, the agency of reflexive consciousness, of which memory is the crucial faculty, unites past and present.2 Locke's doctrine of conscious-

The Fukuda Doctrine and Asean: New Dimensions in Japanese Foreign Policy

Abstract: A burgeoning Japanese role in the Asia-Pacific region has been one of the most contentious issues to the Southeast Asian countries in recent years with its positive and negative implications. It is thus timely and significant to come to terms with Japan's "design" in the region from a historical perspective. Attributing Japan's active involvement in Southeast Asian affairs to the proclamation of the so-called Fukuda Doctrine of August 1977, this study traces the origins of Japan's political role in the region and analyses the development and effects of the very first Japanese foreign policy doctrine. As perhaps the most exclusive scrutiny on the Fukuda Doctrine as well as on Japan-ASEAN relations, this study renders a comprehensive history of Japan-Southeast Asia relations in the post-war period.

History and the Triune God: Contributions to Trinitarian Theology

Abstract: This new book takes forward Professor Moltmann's thought on the Trinity during the 1980s, following the publication of his classic study 'The Trinity and the Kingdom of God'. It begins with a survey of the doctrine of the Trinity today, which sees the main issues as being the social doctrine of the Trinity, gender and the Trinity, and the Trinity and the cross, and ends with a fascinating retrospect, 'my theological career'.

The strategic bombing of Germany, 1940-1945

Abstract: Origins, Prelude, Doctrine The Failure of Bomber Command, 1939-1941 The Reform of Bomber Command, 1942 The Climax of Area Bombing and the Defeat of Bomber Command, January 1943 to March 1944 The Americans Join In, 1939-1942: The Emergence of the Eighth Air Force The Abortive Offensive, June-October 1943 The Struggle for Air Superiority, November 1943-April 1944 The Strategic Air Offensive and the Normandy Invasion, February-June 1944 The Decisive Offensives (I) Oil, May 1944 to September 1944 The Decisive Offensives (II) Transportation, September 1944--V-E Day Conclusions Bibliography Index

Hell The Logic Of Damnation

Abstract: Genuine concern about hell seems to be lost in our past, along with powdered wigs and witch trials. Although the doctrine has held a significant place in most traditional theology, probably no part of the Christian creed has been so widely abandoned, especially by theologians. Recently, however, there has been renewed interest in the doctrine, and theologians have been pressed to deal with it. Jerry L. Walls argues in this book that some traditional views of hell are still defensible and can be believed with intellectual and moral integrity. Focusing on the issues from the standpoint of philosophical theology, Walls explores the doctrine of hell in relation to both the divine nature and human nature. He argues, with respect to the divine nature, that some traditional versions of the doctrine are compatible not only with God's omnipotence and omniscience, but also with a strong account of His perfect goodness. The concept of divine goodness receives special attention since the doctrine of hell is most often rejected on moral grounds. In addition, Walls maintains that the doctrine of hell is intelligible from the standpoint of human freedom, since the idea of a decisive choice of evil is a coherent one. Finally, the book addresses ontological questions: what is the nature of the suffering in hell? Is it only psychological and emotional, or does it also include a physical dimension? Informed by historical theology and Biblical interpretation, as well as philosophical theology, Walls concludes by arguing that the traditional doctrine of hell should not be abandoned unless the case against it is clear and compelling, both scripturally and philosopically. Because it involves claims of such immense importance, he continues, regardless of whether it is reclaimed of discarded, it cannot be responsibly ignored.

Democracies, Dictatorships and Counterinsurgency: Does Regime Type Really Matter?

Abstract: Thomas Schelling's pessimistic appraisal is shared by many analysts of small wars and counterinsurgency. Richard Gabriel, comparing America's experience in Vietnam with Israel's in Lebanon, suggests that both are "classic examples . . . of a democratic society's inability to sustain a military effort for political goals in the absence of a strong argument rooted in national security concern." As Secretary of Defense in the Reagan administration, Caspar Weinberger responded to such concerns by developing a "doctrine" that practically ruled out American participation in future counterinsurgency wars.

Plotinus At Work on Platonism

Abstract: ‘These teachings are, therefore, no novelties, no inventions of today, but long since stated, if not stressed; our doctrine here is the explanation of an earlier, and can show the antiquity of these opinions on the testimony of Plato himself.’ This quotation, from Enn. V 1.8, where Plotinus is actually presenting his doctrine of the three hypostases – a metaphysical elaboration never envisaged by Plato – encapsulates the interesting relationship which links this great original mind to the other great original mind whom he wished to claim as his master. There is, of course, nothing strange, in the intellectual world of late antiquity, in this desire to base one's doctrine on some time-honoured authority; what is unusual is the degree of originality of the man who is doing this.

The End of an Era1

Abstract: This article examines the new enthusiasm among some criminologists, sections of the probation service and junior ministers in the Home Office for the rehabilitation of ‘heavy end’ offenders through programmes of community ‘treatment’ based on a ‘justice model’. It contends that the ‘Nothing Works' doctrine which emerged in criminology and penal politics in the mid-1970s has been supplanted by a ‘Something Works' doctrine, the function of which is to give legitimacy to the government's attempts to rationalise expenditure on criminal justice. It argues that this has required the probation service to adopt a mode of intervention with offenders which is no more effective than the discredited methods it has replaced and less responsive to the problems of addiction, mental ‘illness' and poverty experienced by the majority of the clients dealt with by the service.

The economic value of education

Abstract: This important reference collection – prepared by a leading authority in the field – presents a careful selection of the most important articles and papers in the economics of education. It focuses in particular on the notion of education as investment rather than consumption. This field was pioneered by three American scholars – Jacob Mincer, Gary Becker and Theodore Schultz – who demonstrated that education is indeed a way in which individuals can invest in themselves in the simple sense of incurring financial costs today in order to enhance potential earnings tomorrow. There is a very strong association between education and earnings in the labour markets in both capitalist and communist countries and it is this generalisation that forms the bedrock of the doctrine of education as human capital.

Beating International Terrorism: An Action Strategy for Preemption and Punishment

Abstract: : Contents--Terrorism as a Psychological Weapon; Terrorism as a Form of Communication; Terrorism as a Form of Criminality; Terrorism as a Form of Political Warfare; Terrorism as a Form of Warfare; Terrorism as a Strategy in a New Type of Warfare; The Semantics of Counterterrorism: A Quasi-Offensive Posture; Counterterrorism: A Matter of Doctrine; Fundamental Doctrine: Is Terrorism a Form of Warfare?; Environmental Doctrine: The Impact of Technology; Organizational Doctrine: The Bureaucratic Battle; Fighting in the Gray Area of Conflict: The Problem of Ambiguity; Target and Force Selection in Counterterrorism and Terrorism Preemption; The Need to Apply Terrorist Organizational Doctrine to Counter and Preempt Terrorism; The Use of Existing Forces in Terrorism Preemption; A New Force to Fight a New Form of Warfare; Placing the New Force in a Broader Organizational Context; Policy Dimensions: Recognition, Resolve, and Action.