Showing papers on "Doctrine published in 1999"

Sense of Community and Neighbourhood Form: An Assessment of the Social Doctrine of New Urbanism:

Abstract: New urbanism, an umbrella term which encompasses 'neotraditional development' as well as 'traditional neighbourhood design', lives by an unswerving belief in the ability of the built environment to...

The Guatemalan Military Project: A Violence Called Democracy

Abstract: In 1999, the Guatemala truth commission issued its report on human rights violations during Guatemala's thirty-six-year civil war that ended in 1996. The commission, sponsored by the UN, estimates the conflict resulted in 200,000 deaths and disappearances. The commission holds the Guatemalan military responsible for 93 percent of the deaths. In The Guatemalan Military Project, Jennifer Schirmer documents the military's role in human rights violations through a series of extensive interviews striking in their brutal frankness and unique in their first-hand descriptions of the campaign against Guatemala's citizens. High-ranking officers explain in their own words their thoughts and feelings regarding violence, political opposition, national security doctrine, democracy, human rights, and law. Additional interviews with congressional deputies, Guatemalan lawyers, journalists, social scientists, and a former president give a full and balanced account of the Guatemalan power structure and ruling system. With expert analysis of these interviews in the context of cultural, legal, and human rights considerations, The Guatemalan Military Project provides a successful evaluation of the possibilities and processes of conversion from war to peace in Latin America and around the world.

How knowledge works

Abstract: The doctrine that knowledge is a species of belief has encouraged philosophers to confuse the question of what knowledge is and the question of how it can be acquired. But we can form a conception of knowledge by asking how knowledge gets expressed in our mental lives and in our conduct, instead of asking where it comes from. Accordingly, knowledge can be defined as the ability to do things, or refrain from doing things, or believe, or want, or doubt things, for reasons that are facts. I examine the nature of reasons, and the relationship between reasons, facts and beliefs; I consider the question of whether animals without language are capable of knowledge; and I briefly criticize Wittgenstein’s doctrine that I cannot be said to know that I am in pain.

Conceptions of Cosmopolitanism

Abstract: Lately there has been a renewal of interest among political philosophers and theorists in the idea of cosmopolitanism. However, there is little consensus among contemporary theorists about the precise content of a cosmopolitan position. This article calls attention to two different strands in recent thinking about cosmopolitanism. One strand presents it primarily as a doctrine about justice. The other presents it primarily as a doctrine about culture and the self. Although both forms of cosmopolitanism have some appeal, each is sometimes interpreted in ways that render it untenable. This article attempts to distinguish between the more and the less plausible versions of each form of cosmopolitanism. In each case, the distinction turns on how the normative status of particular interpersonal relationships and group affiliations is understood.

Catholic Identity: Balancing Reason, Faith, and Power

Abstract: It has been well documented that American Catholics tend to be Catholics on their own terms, or choose to remain Catholic while selectively embracing official Church doctrine. But why do Catholics who disagree with official Church teachings on major issues such as homosexuality, women's ordination, or abortion, and are thus institutionally marginalized, choose to remain Catholic? Why do they stay, when the cost of staying and being stigmatized would seem to be greater than the benefits they might gain from switching to religious groups whose doctrines would validate their beliefs on these issues? Michele Dillon, drawing upon in-depth interviews with Catholics who are openly gay or lesbian, advocates of women's ordination, and pro-choice, investigates why and how pro-change Catholics continue to remain actively involved with the Church, despite their rejection of the Vatican's teaching on sexuality and gender.

Public Support for Peacekeeping in Lebanon and Somalia: Assessing the Casualties Hypothesis

Abstract: Among the many lessons that the U.S. military and political leaders drew from the Vietnam War, one was that the military could not deploy effectively or for very long without public support. Another was that public support for military deployments had declined quite predictably (one is tempted to say invariantly) in response to the accumulation of casualties.1 In principle, it is nothing but wise counsel that rulers ignore the deadly consequences of military deployments only at their peril. Recently, however, a new lesson has been taught that resembles but should be distinguished from these. Based on accumulating experience with peacekeeping operations, it holds that the public will not support peacekeeping deployments if they lead to the loss of American lives. This lesson is a source of worry and concern for those who believe armed forces are an essential instrument of national security policy, and it is taken very seriously. Since the barracks bombing that killed 241 Marines in Beirut in 1983, national security doctrine has required that there be "some reasonable assurance" of public support before combat forces are committed abroad.2 The worry is that public support for missions, which seems sufficient, will quickly evaporate when faced with American casualties. It is often noted, for instance, that public support for

Post Keynesian Price Theory

Abstract: List of figures and tables Acknowledgements Introduction Part I. The Doctrine of Administered Prices: 1. The origin of the doctrine of administered prices: from the modern corporation to industrial prices 2. Gardiner Means' doctrine of administered prices 3. Developments in the doctrine of administered prices Part II. The Doctrine of Normal Cost Prices: 4. The origin of the doctrine of normal cost prices: the Oxford Economists' Research Group and full cost pricing 5. Philip Andrews' theory of competitive oligopoly 6. Developments in the doctrine of normal cost prices Part III. The Doctrine of Mark Up Prices: 7. The origin of the doctrine of mark up prices: Michal Kalecki's microanalysis 8. Kalecki's microanalysis and the war years 9. Kalecki and the Cambridge contributions 10. Josef Steindl and the stagnation thesis Part IV. The Grounded Pricing Foundation of Post Keynesian Price Theory: 11. Pricing and prices 12. The pricing model, the grounded pricing foundation, and Post Keynesian price theory Appendices Bibliography Index.

A neuron doctrine in the philosophy of neuroscience

Abstract: Many neuroscientists and philosophers endorse a view about the explanatory reach of neuroscience (which we will call the neuron doctrine) to the effect that the framework for understanding the mind will be developed by neuroscience; or, as we will put it, that a successful theory of the mind will be solely neuroscientific. It is a consequence of this view that the sciences of the mind that cannot be expressed by means of neuroscientific concepts alone count as indirect sciences that will be discarded as neuroscience matures. This consequence is what makes the doctrine substantive, indeed, radical. We ask, first, what the neuron doctrine means and, second, whether it is true. In answer to the first question, we distinguish two versions of the doctrine. One version, the trivial neuron doctrine, turns out to be uncontroversial but unsubstantive because it fails to have the consequence that the nonneuroscientific sciences of the mind will eventually be discarded. A second version, the radical neuron doctrine, does have this consequence, but, unlike the first doctrine, is highly controversial. We argue that the neuron doctrine appears to be both substantive and uncontroversial only as a result of a conflation of these two versions. We then consider whether the radical doctrine is true. We present and evaluate three arguments for it, based either on general scientific and philosophical considerations or on the details of neuroscience itself, arguing that all three fail. We conclude that the evidence fails to support the radical neuron doctrine.

The Evolution of the Doctrine and Practice of Humanitarian Intervention

Abstract: Introduction. 1.The Traditional Doctrine and Practice of Humanitarian Intervention. 2. The Right of Humanitarian Intervention in the Post-Charter Era (1945-1989). 3. The Practice of Humanitarian Intervention in the Post-Cold War Era. 4. Assessing Humanitarian Intervention in the Post-Cold War Period: Sources of Consensus. 5. Conclusion. Bibliography. Index.

The Margin of Appreciation Doctrine in the European Court of Human Rights

Abstract: The margin of appreciation doctrine has become a fundamental part of the jurisprudence of the European Court of Human Rights. It has played a central role in most of the cases decided by that Court, including many of its most significant and controversial, and until recently has been the subject of remarkably little analysis. However, there has been a spate of interest in the doctrine in the last year or so. 1 Most of this debate has concerned the details of how the margin of appreciation operates in the context of particular articles of the European Convention on Human Rights. This article's purpose is to look at the wider picture. After an outline of the essential characteristics of the doctrine, I will examine the nature of the margin and its role in adjudication. I will suggest that there are logical flaws in the margin as currently conceived, and that these undermine the quality and coherence of the Court's judgments.

Rethinking the New Deal court : the structure of a constitutional revolution

Abstract: Rethinking the New Deal Court challenges the prevailing account of the New Deal era Supreme Court, which holds that in the spring of 1937 the Court suddenly abandoned jurisprudential positions it had staked out in such areas as substantive due process and commerce clause doctrine. In this view, the impetus for such a dramatic reversal was provided by external political pressures manifested in FDR's landslide victory in the 1936 election, and by the subsequent Court-packing crisis. Author Barry Cushman, by contrast, discounts the role that political pressure played in securing this "constitutional revolution." Instead, he reorients study of the New Deal Court by focusing attention on the internal dynamics of doctrinal development and the role of New Dealers in seizing opportunities presented by doctrinal change. Recasting this central story in American constitutional development as a chapter in the history of ideas rather than simply an episode in the history of politics, Cushman offers a thoroughly researched and carefully argued study that recharacterizes the mechanics by which laissez-faire constitutionalism unraveled and finally collapsed during FDR's reign. Identifying previously unseen connections between various lines of doctrine, Cushman charts the manner in which Nebbia v. New York's abandonment of the distinction between public and private enterprise hastened the demise of the doctrinal structure in which that distinction had played a central role.

The People’s Liberation Army in the Information Age

Abstract: : This volume is the product of a conference, jointly sponsored by the RAND Center for Asia-Pacific Policy (CAPP) and the Taiwan-based Chinese Council of Advanced Policy Studies (CAPS), held in San Diego, California, from 9-12 July 1998. The meeting brought together Chinese military experts to discuss a subject too long ignored: the non-hardware side of the People's Liberation Army's (PLA's) modernization. The result is a comprehensive examination of the critical "software" side of China's military modernization, covering topics as diverse as civil-military relations, professionalism, logistics, training, doctrine, systems integration, and force structure, whereas financial and logistical support for the conference was supplied by CAPS and CAPP, funding for the publication of this volume was provided by RAND's Project AIR FORCE Strategy and Doctrine Program, under the leadership of Dr. Zalmay Khalilzad. This program is in the third year of a comprehensive study of issues related to Chinese military and security affairs for the United States Air Force; the project is entitled "Chinese Defense Modernization and Its Implications for the U.S. Air Force." It focuses on the fundamental question of how U.S. policy should deal with China, a rising power that could have the capability, in the not too distant future, of challenging the U.S. position in East Asia and its military, political, and economic access to that dynamic and important region. It then addresses the implications for the Air Force, in the areas of shaping the environment, deterrence, and war fighting. To achieve these objectives, RAND is building a "Center of Excellence" for the study of China and the PLA.

Human Rights Standards and the Responsibility of Transnational Corporations

Abstract: Foreword. Acknowledgements. Notes on Contributors. Introduction. Policy Issues. Regulation. Application. Issues of Doctrine. Globalisation. Case Studies. Index.

The African Rank-and-File: Social Implications of Colonial Military Service in the King's African Rifles, 1902-1964

Abstract: The King's African Rifles recruiting and the doctrine of "martial race" military life army women and military families discipline and resistance ex-servicemen.

The Private Police

Abstract: Legal scholars have largely neglected private policing, and the neglect is increasingly indefensible. The private security industry already employs more guards, patrol personnel and detectives than the federal, state and local governments combined, and the disparity is growing; to a striking extent, private firms now perform many of the beat-patrol tasks once thought central to the mission of the public police. This article describes what is known and unknown about the private security industry, traces the industry's history, assesses the challenges and opportunities it creates for judges and scholars, and provides an agenda for future research and doctrinal development. Private security firms furnish tangible evidence about what some people want but are not receiving from public law enforcement, and the legal regime governing private security -- deconstitutionalized, defederalized, tort-based, and heavily reliant both on legislatures and on juries -- offers important opportunities to test some of the most persistent proposals for reforming criminal procedure law. In addition, because maintaining order and controlling crime seem paradigmatic governmental functions, private policing presents a unique and underused vantage point for reexamining the public-private distinction and the state action doctrine. Finally, and perhaps most importantly, police privatization provides occasion for reconsidering the focus of constitutional law on negative obligations of government, and the focus of constitutional criminal procedure on fairness to individual criminal defendants; the dramatic spread of policing-for-hire should prompt us to rethink what it means to guarantee all citizens, regardless of wealth, the equal protection of the laws.

The contemporary law of superior responsibility

Abstract: In the bloody aftermath of World War I it became apparent that those in military or civilian authority provided a cornerstone for the good conduct of those under their command, and hence should carry some liability for their actions. A Commission established by the allies after World War I to assess the responsibility of German officers rightly assumed that a combination of power to intervene, knowledge of crimes and subsequent failure to act should render those concerned liable for the crimes of their subordinates. Despite United States and Japanese dissent, die latter arguing that highranking officials could not be held personally accountable under international law in accordance with the abstention theory of responsibility, trials instituted at the German Supreme Court in Leipzig recognized the existence of concrete duties pertaining to military commanders. Undoubtedly, two precursors to the Leipzig proceedings, the Hague Conventions IV (1907) and X (1907) created affirmative command duties in relation to the conduct of subordinate persons, establishing the doctrine of “command responsibility.”

Unlearning the Lessons of Kosovo

Abstract: irst, the mea culpas. Like many of the analysts looking at the war in Kosovo, we were (fortunately) wrong in several of our predictions. The air campaign succeeded. NATO achieved its objectives without launching a ground invasion or changing its demands. All Serbian forces have left Kosovo, some 50,000 NATO troops have entered in their wake, and more than 1 million refugees and displaced persons have returned home. This success is a testament to NATO'S remarkable unity and perseverance, to the lethality of its military power, and to the prowess of American, European, and Russian diplomats. What are the lessons and the legacy of Operation Allied Force? President Bill Clinton emerged from the war confident that Kosovo set a new precedent-a "Clinton Doctrine"-for humanitarian intervention: "I think there's an important principle here that I hope will be now upheld in the future.... And that is that while there may well be a great deal of ethnic and religious conflict in the worldsome of it might break out into wars-that whether within or beyond the borders of a country, if the world community has the power to stop it, we ought to stop genocide and ethnic cleansing." Yet the failure of many (including not just ourselves, but the Clinton

Two Types of Regulatory Competition: Competitive Federalism Versus Reflexive Harmonisation. A Law and Economics Perspective on Centros

Abstract: There is a growing debate about the desirability of allowing greater scope for regulatory competition inside the European Union. The argument for doing so is that competition between the Member States in the production of legal rules will lead to greater economic efficiency than can be achieved through the harmonisation of standards. The Court’s ruling in Centros appears to mark a significant move in the direction of inter-state competition in company law. In deciding that a company founded by Danish citizens in the UK, thereby avoiding Danish minimum capital requirements, could not be denied the right to register an overseas branch in Denmark for the purposes of trading there, the Court has rekindled a long-running debate about the siege reel doctrine.

Reconstituting the Body Politic: Enlightenment, Public Culture and the Invention of Aesthetic Autonomy

Abstract: The concept that art must hart no instrumental function is a doctrine traditionally traced back to Kant's Critique of Judgment. In Reconstituting the Body Politic, Jonathan Hess proposes that this concept of autonomous art marks not a withdrawal from the political realm but the ultimate embodiment of Enlightenment political culture, a response to a crisis in the institution idealized by Jurgen Habermas as the bourgeois public sphere.

Enduring affiliation and gender doctrine for Shiloh Sisters and Rajneesh Sannyasins

Abstract: Enduring membership in communal new religions may have lasting effects when long-term members exit because of partial or complete movement disintegration. Data from two distinctly different groups of women, 20 former members of the 1970s Shiloh Youth Revival Centers and 20 former residents of the 1980s communal city of Rajneeshpuram, suggest that extended membership fundamentally redirects women's priorities. The women from each group changed the courses of their lives because they conserved the gender doctrine articulated within their movements, for more than a decade after their departures. Gender doctrine involves patterned definitions of femininity and masculinity embedded in every religion's overall doctrine. It delimits gender differences, the nature of deity(ies), the division of labor, interpersonal bonds, sexuality, and procreation.

Free Will: An Historical and Philosophical Introduction

Abstract: What is the place of human free will in our lives if all our actions are the result of some other cause? Does our processing unconscious beliefs or desires make us less free? Is our free will necessarily restricted if we do not choose our own beliefs? The debate between free will and its opposing doctrine, determinism, is one of the key issues in philosophy. Free Will: An historical and philosophical introduction provides a comprehensive introduction to this highly important question and examines the contributions made by sixteen of the most outstanding thinkers from the time of early Greece to the twentieth century: *Homer *Sophocles *Platto *Aristotle *St Augustine *St Thomas Aquinas *Descaartes *Spinoza *Hume *Kant *Schopehauer *Freud *Sartre *Weil *Wittgenstein *Moore Ilham Dilman brings together all the dimensions of the problem of free will with examples from literature, ethics and psychoanalysis. Drawing out valuable insights from both sides of the free will-determinism divide, and he provides an accessible and highly readable introduction to this perennial problem.

Fire, Flood, and Red Fever: Motivating Metaphors of Global Emergency in the Truman Doctrine Speech

Abstract: Cold war exaggerations of American vulnerability derive rhetorically from the Truman Doctrine speech perhaps more than any other single presidential source. As the initial declaration of hostile relations with the Soviet Union after World War II, the president's speech was deliberately designed, in a well-known phrase attributed to Senator Arthur Vandenberg, "to scare hell out of the country." It articulated an "interpretive framework" calculated to command "maximum public support," which was precisely its effect, not only on the president's popularity but also on the public's willingness to combat communism globally (Freeland 1972, 89, 9; LaFeber 1989, 454-55. See also Kernell 1986, 158; Kolko and Kolko 1972, 338-46; Theoharis 1971, 47-53). Truman's framework of interpretation soon "chained out" as John Cragan (1981, 54-55) has observed, into a full-blown "rhetorical vision" of containing communism by extending a protective shield to noncommunist countries around the world. This same vision helped to legitimize anti-communism beyond the immediate requirements of the containment doctrine, fostering an "urge to fight" that outstripped "the need to fight" (Brockriede and Scott 1970, 36, 39-41; see also Ryan 1973, 294, 298). Despite the role of the Truman Doctrine speech in configuring cold war motives, relatively little attention has been given to its terministic incentives for construing international circumstances as threatening in the extreme. Indeed, the symbolic inducements of such a compelling framework of interpretation have proven peculiarly difficult to discern. As Wayne Brockriede and Robert Scott (1970) have noted, Truman's speech was "articulated with a power that easily eludes the critic" (p. 27). They saw little for traditional rhetorical critics to applaud in its argument, organization, style, or delivery, even though the speech has been recognized universally as a significant rhetorical event (Underhill 1961, 272-74). More recently, Martin Medhurst (1988) has looked to the context of Truman's speech for an explanation of its powerful effect, while Hinds and Windt (1991) have surveyed its imagery and argument for characteristics of early cold war rhetoric. Even critics using more text-oriented methods have portrayed the speech's rhetorical dynamics in relatively broad-brush strokes. Brockriede and Scott (1970, 39) observed, for instance, that Truman employed a contrapuntal structure to advance ten themes repeatedly, each interlaced with the others in various combinations. Three of those themes, they concluded, fashioned from latent American attitudes an anticommunist ideology potent enough to sustain Truman's containment policy. Drawing on the nation's sense of mission, its hostility toward world communism as a threat to freedom, and its desire to combat the forces of evil, the president created "an evangelism for a cold war against communism." These observations about the ideological appeal of themes in the Truman Doctrine speech were confirmed by Cragan's (1981, 54-56) fantasy-theme analysis of the cold war rhetorical vision as it evolved between 1946 and 1972. The rhetorical amplification of American insecurity, however, is a process that can be discerned only partially and indirectly through an analytical lens that focuses on broad themes and their relationship to one another. A more precise understanding requires a sustained focus on the exact language with which Truman constituted a framework of interpretation that warranted the containment of communism. Perspectives, as Kenneth Burke (1984) has argued, are a function of metaphors, and metaphors are shorthand terms for motives that realize their rhetorical potential through elaboration and literalization in extended discourse (see Ivie 1982, 240-41; Ivie 1986, 166-68; Ivie 1989, 122-26). Thus, a compelling relationship between the desperate economic conditions of postwar Europe and the president's proposal for containing the spread of communism was envisioned for Americans through a particular terminology of motives--a terminology that converged on the image of an international emergency. …

Freedom's War: The US Crusade Against the Soviet Union 1945-56

Abstract: Far from being just a policy of "containment" ensuring national security against the Soviet threat, US policy-makers sought a campaign which would vanquish the Soviet bloc. In the name of "freedom" the US goverment approved propaganda, economic warfare and covert action as well as diplomatic and military action to crush the Red Menace. This book examines the US pursuit of liberation of Eastern Europe from 1948 until the failure of the Hungarian Revolution in 1956. It also establishes how the US vision of freedom led to interventions in Asia, Africa and Latin America, and it details the massive propoganda campaign at home and abroad of the virtues of US possession of the atomic bomb. Most significantly, this book examines in detail the most important legacy of the Cold War, the forging of a network linking government and private groups, from labour unions to women's organizations to academics in the crusade for freedom. Beginning with the declaration of the Truman Doctrine, Lucas argues that the Cold War was a total war that required the contribution of all sectors of American society.

Law, Literature, and the Problems of Interdisciplinarity

Abstract: This paper argues that the law and literature movement has failed to generate the excitement it is capable of generating within the American legal academy because it has not been sufficiently interdisciplinary, or - to be more precise - it has not been very thoughtful about interdisciplinarity. At the same time, it has had less influence than it might have had with actual lawyers because it has seemed too interdisciplinary, in the sense of not having a lot to say about the aspect of law with which most lawyers are most concerned: doctrine. There is less of a paradox here than might appear. Law and literature scholarship has not questioned what the category law consists of and has thus tended inadvertently to reinforce the notion of law as autonomous. Before developing this critique in more detail, I state a separate critique, which may be a helpful backdrop. This background critique is that the law and literature movement has tended to undermine itself from within. If there is a single movement here, it is certainly a very fractured one. The concerns of its humanist, hermeneutic, and narrative strands are quite disparate. This is a movement of many methodologies and conclusions. The multiplicity of approaches and concerns that leads some to see literature as a source of nearly endless possibilities may lead skeptics to dismiss law and literature as an empty vessel, a phrase devoid of content. While the interdisciplinarity critique and the background critique are not logically connected, the critiques may not be wholly unrelated. Each strand of the law and literature movement seeks to demonstrate that literature has something to offer to law. The less attention is paid to what law is, for purposes of this comparison, the easier it is to make the case for literature; the less law already includes, for example, the more obvious it is that it requires the supplementation of literature. Assessing connections requires understanding what lies on either side of the and bridge, but this is precisely the terrain that is not being carefully mapped. Both critiques, then, point to a single problem: by treating law's boundaries as both necessary and natural, the law and literature movement seems to beg questions it is ostensibly committed to answering, such as whether it makes sense to use the outside discipline of literature as a tool to examine what is or could be inside law and, more importantly, how we define what is internal and external to law as a discipline. A more fruitful exploration of interdisciplinarity in law and literature does not require the delineation of the true and real boundaries between law and literature. It cannot, for precisely the reason that law and literature are not natural categories describing disciplines that are just there, pre-existing and pre-defined. Our understanding of the categories may be as much a product of our attempts to compare and contrast them as of any quality that they have apart from the context of those contrasts. And the interesting question is not whether any particular definition of the categories is true, but what it might tell us about our aspirations for law, and for the place of law in our culture.

Takings and Distributive Justice

Abstract: This Article claims that takings law can accommodate the ideals of social responsibility and of equality, but argues against the conventional wisdom that restricting the regulatory takings doctrine as much as possible promotes this agenda. A uniform restrictive takings doctrine -- which is meant to enable democratic institutions to upset the status quo -- is counter productive from a progressive point of view, since it may yield a systematic exploitation of small and relatively less well-off landowners. Hence, a progressive takings doctrine must employ a much more refined criterion for distinguishing a regulation from a taking. This Article proposes such a criterion by reconceptualizing two familiar tests in takings jurisprudence: reciprocity of advantage, and diminution of value. It demonstrates that considerations of efficiency and personality support a distributive criterion designed to promote social responsibility and solidarity and to avoid structural privileges favoring the better-off. It also contends that this progressive criterion does not unduly hinder the concerns of liberty and of equity among the better-off. Finally, the Article shows that rather than being a radical transformation of the current law, the proposed theory provides a doctrinal vocabulary and normative underpinnings for a significant segment of extant takings jurisprudence.