Showing papers on "Doctrine published in 2003"

Outsourcing at Will: The Contribution of Unjust Dismissal Doctrine to the Growth of Employment Outsourcing

Abstract: Over the past 3 decades, the U.S. Temporary Help Services (THS) industry grew five times more rapidly than overall employment. Contemporaneously, courts in 46 states adopted exceptions to the common law doctrine of employment at will that limited employers’ discretion to terminate workers and opened them to litigation. This article assesses the contribution of “unjust dismissal” doctrine to THS employment specifically, and outsourcing more generally, finding that it is substantial—explaining 20% of the growth of THS between 1973 and 1995 and contributing 500,000 additional outsourced workers in 2000. States with smaller declines in unionization also saw substantially more THS growth.

Understanding the Bush Doctrine

Abstract: The invasion of Iraq, although important in itself, is even more noteworthy as a manifestation of the Bush doctrine. In a sharp break from the President's pre-September 11 views that saw American leadership, and especially its use of force, restricted to defending narrow and traditional vital interests, he has enunciated a far-reaching program that calls for something very much like an empire.1 The doctrine has four elements: a strong belief in the importance of a state's domestic regime in determining its foreign policy and the related judgment that this is an opportune time to transform international politics; the perception of great threats that can be defeated only by new and vigorous policies, most notably preventive war; a willingness to act unilaterally when necessary; and, as both a cause and a summary of these beliefs, an overriding sense that peace and stability require the United States to assert its primacy in world politics. It is, of course, possible that I am exaggerating and that what we are seeing is mostly an elaborate rationale for the overthrow of Saddam Hussein that will have little relevance beyond that. I think the doctrine is real, however. It is quite articulate, and American policy since the end of the military campaign has been consistent with it. Furthermore, there is a tendency for people to act in accord with the explanations they have given for their own behavior, which means that the doctrine could guide behavior even if it were originally a rationalization.2

Paternalism, Unconscionability Doctrine, and Accommodation

Abstract: The unconscionability doctrine in contract law enables a court to decline to enforce a contract whose terms are seriously one-sided, exploitative, or otherwise manifestly unfair. It is often criticized for being paternalist. The essay argues that the characterization of unconscionability doctrine as paternalist reflects common but misleading thought about paternalism and obscures more important issues about autonomy and social connection. The defense responds to another criticism: that unconscionability doctrine is an inappropriate, because economically inefficient, egalitarian tool. The final part discusses more interesting but neglected questions about the scope of accommodation necessary to support fully meaningful autonomous activity.

Path Dependence in the Law: The Course and Pattern of Legal Change in a Common Law System

Abstract: Part I of this Article provides an overview of path dependence theory. It outlines the theory and briefly describes three separate strands of the theory: increasing returns path dependence, evolutionary path dependence, and sequencing path dependence, which are rooted in the economics, biological, and rational choice theory literatures, respectively. Although each of these strands has specific and unique characteristics, they are linked by a central insight: In each, an outcome or decision is shaped in specific and systematic ways by the path leading to it. Each of these strands of path dependence in turn has important implications for the course and pattern of change in the common law system. Accordingly, Part II applies path dependence theory to the common law. At the core of the common law system is the requirement that courts adhere to the body of principles and rules of action that derive their authority "solely from usages and customs of immemorial antiquity, or from the judgments and decrees of the courts recognizing, affirming, and enforcing such usages and customs." Under the doctrine of stare decisis, higher courts' previous decisions are controlling, courts give their own decisions significant weight, and courts look to non-binding decisions for persuasive precedent. Consequently, although there is some flexibility in the system, precedent remains central to legal deliberation. The doctrine of stare decisis thus creates an explicitly path-dependent process. Later decisions rely on, and are constrained by, earlier decisions. More important, the way in which history shapes legal outcomes corresponds to the three-fold division introduced in Part I. Because each legal decision increases the probability that the next will take a particular form, the common law exhibits increasing returns path dependence. Because the law changes through a process of punctuated yet historically constrained evolution, the common law exhibits evolutionary path dependence. And because the legal process involves sequential decisionmaking in a process marked by competing alternatives and multiple actors, the common law exhibits sequencing path dependence. Therefore, just as biological and social processes are constrained by history, the law is firmly guided by the heavy hand of the past. Finally, Part III turns from the descriptive to the normative. It analyzes the implications of path dependence theory for the doctrine of stare decisis. Path dependence theory reveals that significant costs may arise out of the reliance on precedent in a common law system. The Article concludes with the claim that, all other things being equal, where the costs of path dependence are expected to be especially significant, courts should consider relaxing the doctrine of stare decisis. This prescription not only supports modifying existing practices of reliance upon precedent, but also provides a theoretical basis for some existing distinctions in the degree that judges rely on certain categories of precedent.

Understanding Statutory Bundles: Does the Sherman Act Come with the 1996 Telecommunications Act?

Abstract: Three recent appellate decisions - Goldwasser, Trinko and Covad - have addressed the interplay of the 1996 Telecommunications Act and the antitrust laws. This area raises questions of both substantive law and standing. This essay focuses on standing and in particular the question of how the antitrust doctrine in Illinois Brick should apply to situations in which there is an alleged breach of an access duty owed by an incumbent local exchange carrier. That access duty might arise under the 1996 Act itself or under applicable antitrust doctrines, such as the essential facilities doctrine or the duty to deal with competitors seen in Aspen Skiing. The essay sets forth a model of access duties leading to entry and Cournot duopoly and evaluates outcomes when that access duty is breached. The essay discusses various approaches to allocating suit rights depending on the purpose of enforcing the duty. I argue that the Illinois Brick doctrine which bars suits by consumers as indirect purchasers should have little application to the breach of access situation as the de facto compensation rationale of Illinois Brick won't operate when the entrant has been denied the mandated access.

China's Use of Military Force: Beyond the Great Wall and the Long March

Abstract: In this 2003 study of China's militarism, Andrew Scobell examines the use of military force abroad - as in Korea (1950), Vietnam (1979), and the Taiwan Strait (1995–6) - and domestically, as during the Cultural Revolution of the late 1960s and in the 1989 military crackdown in Tiananmen Square. Debunking the view that China has become increasingly belligerent in recent years because of the growing influence of soldiers, Scobell concludes that China's strategic culture has remained unchanged for decades. Nevertheless, the author uncovers the existence of a 'Cult of Defense' in Chinese strategic culture. The author warns that this 'Cult of Defense' disposes Chinese leaders to rationalize all military deployment as defensive, while changes in the People's Liberation Army's doctrine and capabilities over the past two decades suggest that China's twenty-first century leaders may use military force more readily than their predecessors.

The contract as social artifact

Abstract: Author(s): Suchman, Mark C. | Abstract: This article outlines a distinctive, albeit not entirely unprecedented, research agenda for the sociolegal study of contracts. In the past, law and society scholars have tended to examine contracts either through the intellectual history of contract doctrine ‘‘on the books’’ or through the empirical study of how real-world exchange relations are governed ‘‘in action.’’ Although both of these traditions have contributed greatly to our understanding of contract law, neither has devoted much attention to the most distinctive concrete product of contractual transactionsFcontract documents themselves. Without denying the value of studying either contract doctrine or relational governance, this article argues that contract documents are independently interesting social artifacts and that they should be studied as such. As social artifacts, contracts possess both technical and symbolic properties, and the sociolegal study of contract-as-artifact can profitably apply prevailing social scientific theories of technology and symbolism to understand both: (1) the microdynamics of why and how transacting parties craft individual contract devices, and (2) the macrodynamics of why and how larger social systems generate and sustain distinctive contract regimes. Seen in this light, the microdynamics of contract implicate ‘‘technical’’ theories of transaction cost engineering and private lawmaking, and ‘‘symbolic’’ theories of ceremony and gesture. In a parallel fashion, the macrodynamics of contract implicate ‘‘technical’’ theories of innovation diffusion, path dependence, and technology cycles, and ‘‘symbolic’’ theories of ideology, legitimacy, and communication. Together, these micro and macro explorations suggest that contract artifacts may best be understood as scripts and signalsFcollections of symbols designed to field technically efficacious practical action when interpreted by culture-bearing social actors within the context of preexisting vocabularies and conventions.

Modernizing China's military : progress, problems, and prospects

Abstract: List of Illustrations List of Acronyms and Abbreviations Preface and Acknowledgments A Note on Sources 1. Introduction 2. Civil-Military Relations 3. Doctrine and Training 4. Command, Control, and Force Structure 5. Budget and Finance 6. Defense Industries and Weapons Procurement 7. Threat Perceptions 8. Policy Implications for the United States Name Index Subject Index

International relations and international law: two optics 1996

Abstract: The surprising thing about international law is that nations ever obey its strictures or carry out its mandates.2Public international law appears to be quite a well articulated and complete legal order even though it is difficult to locate the authoritative origin or substantive voice of the system in any particular area. Each doctrine seems to free ride somewhat on this overall systemic image. . . . Thus the variety of references among these discursive areas always shrewdly locate the moment of authority and the application in practice elsewhere – perhaps behind us in process or before us in the institutions of dispute resolution.3

The Contract as Social Artifact

Abstract: This article outlines a distinctive, albeit not entirely unprecedented, research agenda for the sociolegal study of contracts. In the past, law and society scholars have tended to examine contracts either through the intellectual history of contract doctrine ‘‘on the books’’ or through the empirical study of how real-world exchange relations are governed ‘‘in action.’’ Although both of these traditions have contributed greatly to our understanding of contract law, neither has devoted much attention to the most distinctive concrete product of contractual transactionsFcontract documents themselves. Without denying the value of studying either contract doctrine or relational governance, this article argues that contract documents are independently interesting social artifacts and that they should be studied as such. As social artifacts, contracts possess both technical and symbolic properties, and the sociolegal study of contract-as-artifact can profitably apply prevailing social scientific theories of technology and symbolism to understand both: (1) the microdynamics of why and how transacting parties craft individual contract devices, and (2) the macrodynamics of why and how larger social systems generate and sustain distinctive contract regimes. Seen in this light, the microdynamics of contract implicate ‘‘technical’’ theories of transaction cost engineering and private lawmaking, and ‘‘symbolic’’ theories of ceremony and gesture. In a parallel fashion, the macrodynamics of contract implicate ‘‘technical’’ theories of innovation diffusion, path dependence, and technology cycles, and ‘‘symbolic’’ theories of ideology, legitimacy, and communication. Together, these micro and macro explorations suggest that contract artifacts may best be understood as scripts and signalsFcollections of symbols designed to field technically efficacious practical action when interpreted by culture-bearing social actors within the context of preexisting vocabularies and conventions.

Planning for Conflict Termination and Post-Conflict Success

Abstract: "No one starts a war--or rather, no one in his senses ought to do so--without first being clear in his mind what he intends to achieve by that war and how he intends to conduct it." --Carl von Clausewitz (1) "If you concentrate exclusively on victory, with no thought for the after effect, you may be too exhausted to profit by the peace, while it is almost certain that the peace will be a bad one, containing the germs of another war." --B. H. Liddell Hart (2) It is always easier to get into a conflict than to get out of one. In 1956, for example, British Prime Minister Anthony Eden with French Premier Guy Mollet planned to unseat President Nasser of Egypt and reduce his influence in the region by a combined and coordinated British, French, and Israeli military operation. The French and British leadership conducted detailed, thorough planning to ensure that the costs and risks were reduced to an acceptable minimum. In violation of Clausewitz's guidance above, however, the operation was launched without a good idea about termination and what the post-conflict situation would look like. What if landing on the Suez Canal at Port Said and Port Fuad did not force Nasser to step down? Were France and Britain then willing to march on Cairo? Would they have international support for such a move? If they seized Cairo, what would the new Egyptian government look like? Could it stay in power without keeping British and French troops in Egypt for years to come? Would the British and French have world opinion on their side for such an occupation? In the event, Israel launched the attack and British and French forces landed on the Suez Canal. But the operation did not turn out as planned. The United States and Soviets, along with world opinion, forced the British and French to withdraw. President Nasser, rather than being defeated, became the victor and the leader of the Arab cause, while the British and the French lost prestige and influence. How could rational decisionmakers get it so wrong? (3) This article examines the doctrinal basis for conflict termination planning and provides suggestions and approaches for greater success. Fundamentals Conflict termination is the formal end of fighting, not the end of conflict. US doctrine holds that the goal of military operations is to set conditions that compel belligerents' decisionmakers to end hostilities on terms favorable to the United States and its allies. US joint doctrine and NATO doctrine state: "If the conditions have been properly set and met for ending the conflict, the necessary leverage should exist to prevent the adversary from renewing hostilities.... When friendly forces can freely impose their will on the adversary, the opponent may have to accept defeat, terminate active hostilities, or revert to other types of conflict such as geopolitical actions or guerrilla warfare." (4) The definition focuses on conflict termination, not conflict resolution. The military fight may stop without the causes of the conflict being resolved. Current joint doctrine thus recognizes that although coercive military operations may end, the conflict may continue under other means such as terrorism, insurgency, cyber war, economic disruptions, political actions, or acts of civil disobedience. Although the military may be engaged in a "post-conflict" peace operation, the belligerents may continue their struggle using these other means. This was definitely the case in Kosovo and is currently the case in Afghanistan, where the military is engaged in stability operations in the midst of conflict. Even in Iraq, where the coalition military victory is unquestioned, the post-conflict situation remains unsettled. Conflict termination and resolution clearly are not the same thing. Conflict resolution is a long process. It is primarily a civil problem that may require military support. Through advantageous conflict termination, however, the military can set the conditions for successful conflict resolution. …

Terrorism and the Legality of Pre‐emptive Force

Abstract: The use of military force is only lawful if and to the extent that it comes under an accepted exception to the general rule prohibiting the use of force, i.e authorization by the Security Council and self-defence. Lawful self-defence requires the actual existence of an armed attack, or of a situation to be considered as equivalent to an armed attack. A threat may be so direct and overwhelming that one cannot require the victim to wait to act in self-defence until the attack has actually started. This principle of necessity and immediacy is still part of customary international law. The doctrine of pre-emptive strikes formulated in the recent US National Security Strategy proposes to adapt this concept to new perceived threats in a way that would constitute an unacceptable expansion of the right of anticipatory self-defence. Vagueness and the possibility of abuse of any broader definition requires maintaining the traditional strict approach. A change might result in the abolition of the prohibition of the use of force altogether. Opening up broader possibilities for anticipatory self-defence is not desirable. To face so-called new threats, recourse to the Security Council is preferable to unilateral use of force based on a doctrine of pre-emptive strikes.

Sayyid qutb's doctrine of jahiliyya

Abstract: This article focuses on one of the most striking ideas to come out of the radical Islamist movements of recent decades: the doctrine of jāhiliyya presented by the Egyptian activist Sayyid Qutb (1906–66) in his latest writings.

Culture, religion, and gender

Abstract: This article explores the intersection of culture, religion, and gender in the context of international and constitutional human rights law. The clash between religious or cultural autonomy and gender equality is a pervasive problem for constitutional law, one that arises in connection with claims of immunity from gender equality provisions on the grounds of cultural or religious freedom. I will describe how the resulting clash has been addressed in international law and in the decisions of various constitutional courts and propose a theoretical basis for structuring the hierarchy of values to resolve this issue in a constitutional framework of human rights. Human rights doctrine, as we know it today, is a product of the shift from a religious to secular state culture at the time of the Enlightenment in eighteenth‐century Europe. The religious paradigm was replaced by secularism, communitarianism by individualism, and status by contract. The modern concept of human rights is the child of secularism. The historian, Yehoshua Arieli, writes: The secular character of the normative system embodied in human rights doctrine is essential to its comprehension. All its premises, values, concepts and purposes relate to the homocentric world and to ways of thought freed from transcendentalist premises and from the jurisdiction of religious authority. And so, the development of the doctrine of human rights is inseverably connected to the process of secularisation of

The Discipline of Religion: Structure, Meaning, Rhetoric

Abstract: The Discipline of Religion is a lively critical journey through religious studies today, looking at its recent growth as an academic discipline, and its contemporary political and social meanings. Focusing on the differences between religious belief and academic religious discourse, Russell T. McCutcheon argues that the invention of religion as a discipline blurs the distinction between criticism and doctrine in its assertion of the relevance of faith as a credible object of study. In the leap from disciplinary criticism to avowal of actual cosmic and moral meaning, schools of religious studies extend their powers far beyond universities and into the everyday lives of those outside, managing and curtailing specific types of speech and dissent.

Indonesian Islam: Social Change Through Contemporary Fatawa

Abstract: PrefaceAcknowledgmentsIntroduction: Twentieth-century Islamic reform: contexts for the Indonesian fatawa1 Knowing Islam: method, doctrine and representation2 The individual and religious duty3 Women: status and obligation4 Is God still the creator? Islam and medical science 5 Offences against religionEpilogue: Issues for an Indonesian IslamAppendix: SourcesGlossary and abbreviationsNotesBibliographyIndex

Legal Diversity in the Age of Taqlid : the Four Chief Qadis Under the Mamluks

Abstract: Sultan Baybars' decision to appoint four Chief Qādīs , one from each of the Sunni schools of law, has long been recognized as a turning point in the history of the madhhabs. To date, historians have explained this decision only in political or ideological terms, paying little attention to its implications for the judicial system. Here I argue that the purpose of the new quadruple structure of the judiciary was two-fold: to create a uniform but at the same time flexible legal system. The need for predictable and stable legal rules was addressed by limiting qādīs' discretion and promoting taqlīd , i.e., adherence to established school doctrine. The establishment of Chief Qādīs from the four schools of law, on the other hand, allowed for flexibility and prevented the legal system from becoming too rigid. The quadruple judiciary enabled litigants, regardless of personal school affiliation, to choose from the doctrines of the four schools.

A Theory of Self-Enforcing Indefinite Agreements

Abstract: All contracts are incomplete. But incomplete contracts differ along several key dimensions. Many contracts are incomplete because parties decline to condition performance on future states that they cannot observe or verify to courts. In these cases, the incompleteness is exogenous to the contract. Other agreements, however, appear to be "deliberately" incomplete in the sense that parties decline to condition performance on available, verifiable measures that could be specified in the contract at relatively low cost. Thus, incompleteness is endogenous to these agreements suggesting that the parties had other reasons for leaving the terms in question unspecified. Traditional contract law doctrine appears to track this distinction. One of the core principles of contact law is the requirement of definiteness. An agreement will not be enforced as a contract if it is uncertain and indefinite in its material terms. It is widely believed, however, that the indefiniteness doctrine is largely ignored by contemporary courts. But a study of the contemporary case law on indefinite contracts reveals some striking facts. In literally dozens of cases, American courts dismiss claims for breach of contract on the grounds of indefiniteness, often without granting any relief to the disappointed promisee. This evidence raises a fundamental question: Why do parties write deliberately incomplete agreements in the shadow of a robust indefiniteness doctrine? One hypothesis is that these agreements may be self-enforcing. But most of the recently litigated cases do not appear to be self-enforcing in the traditional sense. Rather, most are isolated transactions between strangers trading at arms length. Recent work in experimental economics suggests, however, that the domain of self-enforcing contracts may be considerably larger than has been conventionally understood. A robust result of these experiments is that a significant fraction of individuals behave as if reciprocity were an important motivation (even in isolated interactions with strangers) while a comparable fraction react as if motivated entirely by self interest. These experiments support a theory that predicts that deliberately incomplete contracts that rely on self-enforcement through reciprocal fairness are more efficient than the alternative of more complete, legally enforceable agreements. The potency of reciprocal fairness as a method of self-enforcement explains (and justifies) the resiliency of the common law indefiniteness doctrine in the face of a contemporary academic consensus in favor of expanding the scope of legal regulation.

Military Transformation as a Competitive Systemic Process: The Case of Japan and the United States Between the World Wars

Abstract: : Specific individual military transformations achieve full significance only in the context of the broader processes of multiple interrelated transformations taking place in competition with those of one or more opponents. This study examines one historical case of broad systemic competitive processes to clarify the underlying dynamics: Japan and the United States between the two World Wars. The Armed Forces of both nations envisioned significant risk of war between themselves and sought, with varying focus and vigor, to prepare. These efforts are contrasted in operational concept, doctrine, and technology. Japanese forces achieved a very high level of excellence in tactical execution, a level that American forces did not initially match in many areas. Moreover, Japan entered the war with materiel that was in many areas equal if not superior to that of the United States in both quantity and quality. But the effort the United States had put into capabilities for planning and executing higher level operations frequently enabled its forces to pit strength against weakness, resulting in far faster erosion of Japan's defenses than the Japanese had anticipated. Thus, American transformation efforts brought advantages beyond those of simple weight of forces. (Approx. 870 refs.)

Faith, reason, and revelation in theodore beza, (1519-1605).

Abstract: 1 Introduction 2 Beza's Academic Challenge 3 Beza's Polemic Challenge 4 The Uses and Abuses of Natural Revelation 5 The Nature and Mode of Special Reveltation 6 The Authentication of Scripture 7 Beza's Doctrine of Faith 8 Conclusion

Economic Doctrine and Method: An Historical Sketch

Abstract: Translator's ForewordBibliographical Preface1. The Development of Economics as a Science2. The Discovery of the Circular Flow of Economic LifeThe Physiocrats (Alan Smith)3. The Classical System and Its Offshoots4. The Historical School and the Theory of Marginal UtilityIndex

America's Imperial Dilemma

Abstract: The United States increasingly looks, walks, and talks like an empire. It should therefore heed the lessons of its predecessors, exercising strong and determined global leadership. At the same time, it must avoid the temptation to meddle when American interests are not at stake. This means, among other things, dropping the doctrine of universal democracy promotion.

Crack in the Foundation Defense Transformation and the Underlying Assumption of Dominant Knowledge in Future War

Abstract: : This paper examines and evaluates the basic assumption that underpins much of the defense transformation initiative. The intellectual foundation for building tomorrow's military force rests on the unfounded assumption that technologies emerging from the information revolution" will lift the fog of war and permit U.S. forces to achieve a very high degree of certainty in future military operations. The assumption of dominant knowledge in future war threatens to undermine the best efforts of senior military and civilian officials and create vulnerabilities in future American forces. The paper examines the origin and growth of the assumption and demonstrates how it has pervaded and corrupted joint and service visions of future war and is already having a negative effect on doctrine and organization. The paper exposes the fallacy of near-certainty in future war using logic and military history including analysis of recent conflicts. Desert Storm, Somalia, Kosovo, and Operations Enduring Freedom and Iraqi Freedom receive particular attention. The paper also evaluates Joint experimentation and concept development and makes recommendations concerning the next steps to take in defense transformation. The paper concludes that an embrace of the uncertainty of war, balanced Joint Forces, effective joint integration, and adaptive leadership will prove critical to future national security.

The Holy Reich: Nazi Conceptions of Christianity, 1919-1945

Abstract: 1. Positive christianity: the doctrine of the time of struggle 2. Above the confessions: bridging the religious divide 3. Blood and soil: the paganist ambivalence 4. National renewal: religion and the New Germany 5. Completing the reformation: the Protestant Reich Church 6. Public need before private greed: building the people's community 7. Gottglaubig: assent of the anti-Christians? 8. The Holy Reich: some conclusions.

Darker Legacies of Law in Europe: The Shadow of National Socialism and Fascism Over Europe and its Legal Traditions

Abstract: PART I: CONTINUITY AND RUPTURE 1. The Problem of Perceptions of National Socialist Law or: Was there a Constitutional Theory of National Socialism? Oliver Lepsius 2. Looking into the Brightly Lit Room: Braving Carl Schmitt in 'Europe' Navraj Singh Ghaleigh PART II: THE ERA OF NATIONAL SOCIALISM AND FASCISM 3. The Fascist Theory of Contract Pier Giuseppe Monateri and Allessandro Somma 4. 'Spheres of Influence' and 'Volkisch' Legal Thought: Reinhard Hohn's Notion of Europe Ingo J Hueck 5. 'The outsider does not see al the game...': Perceptions of German Law in Anglo-American Legal Scholarship,1933-11940 David Fraser 6. 'A Distorted Image of Ourselves': Nazism, 'Liberal' Societies and the Qualities of Difference Laurence Lustgarten PART III: CONTINUITY AND RECONFIGURATION 7. Carl Schmitt's Europe: Cultural, Imperial and Spatial, Proposals for European Integration, 1923-1955 John P McCormick 8. Culture and the Rationality of Law from Weimar to Maastricht J Peter Burgess 9. Europe a Gro?raum? Shifting Legal Conceptualisations of the Integration Project Christian Joerges 10. From Gro?raum to Condominium-A Comment Neil Walker 11. Formalism and Anti-formalism in French and German Judicial Methodology Vivian Grosswald Curran 12. Judicial Methodology and Fascist and Nazi Law Matthias Mahlmann 13. On Nazi 'Honour' and the New European 'Dignity' James Q Whitman 14. On Fascist Honour and Human Dignity: A Sceptical Response Gerald L Neuman 15. Corporatist Doctrine and the 'New European Order' Luca Nogler PART IV: RESPONSES TO NATIONAL SOCIALISM AND FASCISM IN NATIONAL LEGAL CULTURES 16. The German Impact on Fascist Public Law Doctrine-Costantino Mortati's Material Constitution Massimo La Torre 17. Mortati and the Science of Public Law: A Comment on La Torre Giacinto Della Cananea 18. From Republicanism to Fascist Ideology under The Early Franquismo Augustin Jose Menendez 19. Authoritarian Constitutionalism: Austrian Constitutional Doctrine 1933 to 1938 and its Legacy Alexander Somek

A moral reckoning : the role of the Catholic Church in the Holocaust and its unfulfilled duty of repair

Abstract: The Harvard political scientist, Daniel Jonah Goldhagen, author of the controversial work, Hitler’s Willing Executioners, has taken a critical subject—the relationship between the Catholic Church and National Socialism—and presented conclusions that cannot be taken seriously. In his latest book, A Moral Reckoning: The Role of the Catholic Church in the Holocaust and Its Unfulfilled Duty of Repair, he argues that anti-Semitism was an integral part of Catholic doctrine; such teachings originated in the Gospels, which portray the Jews as the killers of Christ,“the minions of the devil”(p.37).Popes Pius XI and XII inherited this tradition and were anti-Semites (p.141).Not only did they fail to oppose National Socialism, but their servants elsewhere in Europe—nuns, priests, bishops, and ordinary parishioners—were thus complicit in, and by extension, willingly and zealously participated in the Holocaust.

Work, Religious Diversity and Islam

Abstract: This paper investigates how Islamic doctrine conceives the place of work by outlining the notion of an Islamic work ethic and by discussing a number of human resource issues in relation to Islam. Knowledge of these issues has become an urgent need given the high level of discrimination Muslim workers suffer in modern workplaces. The paper argues that potential areas offriction between Islam and contemporary HRM practices can be managed effectively as there is not inherent conflict between Islamic doctrine and modern workplaces. The paper concludes with an outline of the nature of the Islamic influence in Australia, a western nation in which Islam is one of the fastest growing religions.

New Public Management and Finnish Public Sector Organisations: The Case of Universities

Abstract: This chapter deals with the new public management (NPM) doctrine in Finnish public sector organisations with special emphasis on the higher education sector.