Showing papers on "Doctrine published in 2006"

Managing for Results in State Government: Evaluating a Decade of Reform

Abstract: State governments in the United States have enthusiastically embraced the idea of managing for results. This appears to represent a victory for New Public Management policy ideas transferred from New Zealand, the United Kingdom, and Australia. The managing for results doctrine that emerged from these countries called for an increased focus on results but also increased managerial authority to achieve results. In return, it was claimed, governments would enjoy dramatic performance improvement and results-based accountability. This article assesses the implementation of public management reform in the United States and argues that the managing for results doctrine has been only partially adopted. State governments selected some of the New Public Management ideas but largely ignored others. In short, state governments emphasized strategic planning and performance measurement but were less successful in implementing reforms that would enhance managerial authority, undermining the logic that promised high performance improvements.

The strategic depth doctrine of Turkish foreign policy

Abstract: Given the boost provided by a promise of admission to the European Union on 17 December 2004, the regional standing of Turkey is bound to increase in the coming decades. This new stature will affec...

Crime and punishment in Islamic law: theory and practice from the sixteenth to the twenty-first century

Abstract: In recent years some of the more fundamentalist regimes in the developing world (such as those of Iran, Pakistan, Sudan and the northern states of Nigeria) have reintroduced Islamic law in place of western criminal codes. Rudolph Peters presents a detailed account of the classical doctrine and traces the enforcement of criminal law from the Ottoman period to the present day. Accounts of actual cases, ranging from theft and banditry to murder, fornication and apostasy, shed light on the complexities of the law, and the sensitivity and intelligence of the qadis who implemented it.

Two Concepts of the Margin of Appreciation

Abstract: The doctrine of the margin of appreciation that the European Court of Human Rights has developed in its case law has given rise to considerable criticism. In this article I draw a distinction between two different ways in which the Court has used the doctrine. The first one is in cases where the Court has to decide whether a particular interference with a Convention freedom is justified. In answering that question, the Court often uses the label 'margin of appreciation' without drawing on a substantive theory of rights that can justify the conclusion reached. The second use appears in cases where the Court refrains explicitly from employing a substantive test of human rights review on the basis that there is no consensus among Contracting States on the legal issue before it. My aim is to highlight the principles that can be used to justify each use of the doctrine, by locating human rights within broader issues in moral and political philosophy. Particular emphasis is placed on the distinction between reason-blocking and interest-based theories of rights as well as on the nature of the duties of the European Court, as a matter of international human rights law. Copyright © 2006 Oxford University Press.

Beyond the spiritual supermarket : the social and public significance of New Age spirituality

Abstract: This article argues that New Age spirituality is substantially less unambiguously individualistic and more socially and publicly significant than today's sociological consensus acknowledges. Firstly, an uncontested doctrine of self-spirituality, characterised by sacralisation of the self and demonisation of social institutions, provides the spiritual milieu with ideological coherence and paradoxically accounts for its overwhelming diversity. Secondly, participants undergo a process of socialisation, gradually adopting this doctrine of self-spirituality and eventually reinforcing it by means of standardised legitimations. Thirdly, spirituality has entered the public sphere of work, aiming at a reduction of employees’ alienation to increase both their happiness and organisational effectiveness. A radical ‘sociologisation’ of New Age research is called for to document how the doctrinal ideal of self-spirituality is socially constructed, transmitted, and reinforced and critically to deconstruct rather than re...

The Temporal Dimension of Voting Rights

Abstract: INTRODUCTION 361 I. TEMPORALITY IN VOTING THEORY AND DOCTRINE 365 A. Temporality in Theory 365 1. The Group Dimension 368 2. The Institutional Dimension 370 3. The Temporal Dimension 372 B. Temporality in Doctrine 374 1. Partisan Gerrymandering Jurisprudence 376 2. Vote Dilution Jurisprudence 382 II. POTENTIAL OBJECTIONS TO INTER-TEMPORAL AGGREGATION 384 A. Assembly Fetishism 385 B. The Enforceability of Bargains 391 C. Evaluating Aggregation and Judicial Competence 394 D. The Problem of Entry and Exit 395 III. THE CONSEQUENCES OF VOTING RIGHTS’ TEMPORAL DIMENSION 399 A. The Voting Rights Act and Second-Order Diversity 400 B. Partisan Gerrymandering and Anti-Competition Theory 404 C. One Person, One Vote Doctrine 408 CONCLUSION 413

The Temporal Dimension of Voting Rights

Abstract: Modern voting rights scholarship agrees on one thing: voting rights are in large part aggregate rights. Accordingly, one cannot evaluate voting rights claims, or the fairness of the electoral system, without establishing the boundaries of appropriate aggregation. This framework has led the literature to focus on spatial aggregation. That is, commentators concentrate on when it is appropriate to aggregate across persons located in different places to determine the fairness (or constitutionality) of a voting rule. Almost entirely overlooked, however, is the possibility of temporal aggregation. To evaluate the fairness of a voting rule, one must also pick a time period across which to aggregate the collective treatment of individual voters. This Article explores the temporal dimension of voting rights, showing that temporal aggregation issues play a central but unexamined role in many voting rights disputes, including the partisan gerrymandering case just decided by the Supreme Court. In addition, the Article highlights the importance of temporal aggregation for a number of concrete disputes in voting rights theory and doctrine. Understanding the temporal dimension of voting rights expands the available strategies for incorporating minority voices into legislative assemblies, provides a new perspective on the debates over partisan gerrymandering, and helps reconcile disagreements over the appropriate role of competition in the electoral process.

The Human Terrain System: A CORDS for the 21st Century

Abstract: : The U.S. military has not always made the necessary effort to understand the foreign cultures and societies in which it intended to conduct military operations. As a result, it has not always done a good job of dealing with the cultural environment within which it eventually found itself. Similarly, its units have not always done a good job in transmitting necessary local cultural information to follow-on forces attempting to conduct Phase IV operations (those operations aimed at stabilizing an area of operations in the aftermath of major combat). Many of the principal challenges we face in Operations Iraqi Freedom and Enduring Freedom (OIF and OEF) stem from just such initial institutional disregard for the necessity to understand the people among whom our forces operate as well as the cultural characteristics and propensities of the enemies we now fight. To help address these shortcomings in cultural knowledge and capabilities, the Foreign Military Studies Office (FMSO), a U.S. Army Training and Doctrine Command (TRADOC) organization that supports the Combined Arms Center at Fort Leavenworth, Kansas, is overseeing the creation of the Human Terrain System (HTS). This system is being specifically designed to address cultural awareness shortcomings at the operational and tactical levels by giving brigade commanders an organic capability to help understand and deal with "human terrain" the social, ethnographic, cultural, economic, and political elements of the people among whom a force is operating. So that U.S. forces can operate more effectively in the human terrain in which insurgents live and function, HTS will provide deployed brigade commanders and their staffs direct social-science support in the form of ethnographic and social research, cultural information research, and social data analysis that can be employed as part of the military decision-making process.

Counterinsurgency and the Global War on Terror: Military Culture and Irregular War

Abstract: Since September 2001, the United States has waged what the government initially called the global war on terrorism (GWOT). Beginning in late 2005 and early 2006, the term Long War began to appear in U.S. security documents such as the National Security Council's National Strategy for Victory in Iraq and in statements by the U.S. Secretary of Defense and the Chairman of the JCS. The description Long War-unlimited in time and space and continuing for decades-is closer to reality and more useful than GWOT. Colonel Robert Cassidy argues that this protracted struggle is more correctly viewed as a global insurgency and counterinsurgency. Al Qaeda and its affiliates, he maintains, comprise a novel and evolving form of networked insurgents who operate globally, harnessing the advantages of globalization and the information age. They employ terrorism as a tactic, subsuming terror within their overarching aim of undermining the Western-dominated system of states. Placing the war against al Qaeda and its allied groups and organizations in the context of a global insurgency has vital implications for doctrine, interagency coordination, and military cultural change-all reviewed in this important work. Cassidy combines the foremost maxims of the most prominent Western philosopher of war and the most renowned Eastern philosopher of war to arrive at a threefold theme: know the enemy, know yourself, and know what kind of war you are embarking upon. To help readers arrive at that understanding, he first offers a distilled analysis of al Qaeda and its associated networks, with a particular focus on ideology and culture. In subsequent chapters, he elucidates the challenges big powers face when they prosecute counterinsurgencies, using historical examples from Russian, American, British, and French counterinsurgent wars before 2001. The book concludes with recommendations for the integration and command and control of indigenous forces and other agencies.

Mobility and war: the cosmic view of US 'air power'

Abstract: Air power was a contested military strategy during the first half of the 20th century. During World War 2, the doctrine of air power became a dominant part of US national defence contributing to the nationalisation of air space. In this paper I raise parallels between the rise of the doctrine of air power in the US during World War 2 and the concerns about national security following the attacks on September 11, 2001. The visual and spatial logics of air power generate a 'cosmic view' that unifies and fixes targets from the air. Yet, this articulation of nationalism is challenged by the current practices and conditions of warfare.

Defending the Holy Land: A Critical Analysis of Israel's Security and Foreign Policy

Abstract: Most of the wars in which Israel has been involved were the result of Israeli aggression, flawed decision making, and conflict management strategies, or were otherwise avoidable. According to esteemed scholar and policy analyst Zeev Maoz, Israel's war experience is a story of folly, recklessness, and self-made traps. None of the wars - with the possible exception of the 1948 War of Independence - were what Israelis call wars of necessity. They were all wars of choice or folly. "Defending the Holy Land" is a comprehensive and critical analysis of Israel's national security and foreign policy from the inception of the state of Israel to the present. In these pages, Maoz argues that Israel's national security policy rested on a trigger-happy approach to the use of force combined with a hesitant and reactive peace diplomacy. This combination was facilitated by the domination of the security establishment over the foreign policy apparatus, resulting in unnecessary or aggressive wars and missed opportunities for peace. Ultimately, "Defending the Holy Land" calls for a fundamental reassessment of Israel's security doctrine and for a major reform in the foreign policy and national security establishments.

Principles, Imperatives, and Paradoxes of Counterinsurgency

Abstract: AMERICA began the 20th century with military forces engaged in counterinsurgency (COIN) operations in the Philippines. Today, it is conducting similar operations in Afghanistan, Iraq, and a number of other countries around the globe. During the past century, Soldiers and Marines gained considerable experience fighting insurgents in Southeast Asia, Latin America, Africa, and now in Southwest Asia and the Middle East. Conducting a successful counterinsurgency requires an adaptive force led by agile leaders. While every insurgency is different because of distinct environments, root causes, and cultures, all successful COIN campaigns are based on common principles. All insurgencies use variations of standard frameworks and doctrine and generally adhere to elements of a definable revolutionary campaign plan. In the Information Age, insurgencies have become especially dynamic. Their leaders study and learn, exchange information, employ seemingly leaderless networks, and establish relationships of convenience with criminal gangs. Insurgencies present a more complex problem than conventional operations, and the new variants have a velocity that previous historical insurgencies never possessed. Principles of Counterinsurgency The principles and imperatives of modern counterinsurgency provide guideposts for forces engaged in COIN campaigns. However, counterinsurgency is a strange and complicated beast. Following the principles and imperatives does not guarantee success, which is just one of the several paradoxes of counterinsurgency. Understanding such paradoxes helps illuminate the extraordinary challenges inherent in defeating an insurgency. Legitimacy as the main objective. A legitimate government derives its just powers from the governed and competently manages collective security and political, economic, and social development. Legitimate governments are inherently stable. They engender the popular support required to manage internal problems, change, and conflict. Illegitimate governments are inherently unstable. Misguided, corrupt, and incompetent governance inevitably fosters instability. Thus, illegitimate governance is the root cause of and the central strategic problem in today's unstable global-security environment. Five actions that are indicators of legitimacy and that any political actor facing threats to stability should implement are-- * Free, fair, and frequent selection of leaders. * A high level of popular participation in and support for the political process. * A low level of corruption. * A culturally acceptable level or rate of political, economic, and social development. * A high level of regime support from major social institutions. Governments that attain these goals usually garner the support of enough of the population to create stability. The primary objective of any counterinsurgent is to establish such a government. While military action can deal with the symptoms of loss of legitimacy, restoring it can only he accomplished using all elements of national power. Unless the government achieves legitimacy, counterinsurgency efforts cannot succeed. Unity of effort. Ideally, a counterinsurgent would have unity of command over all elements of national power involved in COIN operations. However, the best that military commanders can generally hope for is unity of effort through communication and liaison with those responsible for the nonmilitary elements of power. The ambassador and country team must be key players in higher level planning, while similar connections are achieved down the chain of command. Even nongovernmental organizations (NGOs) can play important roles in improving lives. Many such players will resist being overtly involved with military units, but they must make an effort to establish some kind of liaison. Connecting with joint, interagency, coalition, and indigenous organizations is important to ensuring that objectives are shared and that actions and messages are synchronized. …

Native America, Discovered and Conquered: Thomas Jefferson, Lewis & Clark, and Manifest Destiny

Abstract: Manifest Destiny, as a term for westward expansion, was not used until the 1840s. Its predecessor was the Doctrine of Discovery, a legal tradition by which Europeans and Americans laid legal claim to the land of the indigenous people that they discovered. In the United States, the British colonists who had recently become Americans were competing with the English, French, and Spanish for control of lands west of the Mississippi. Who would be the discoverers of the Indians and their lands, the United States or the European countries? We know the answer, of course, but in this book, Miller explains for the first time exactly how the United States achieved victory, not only on the ground, but also in the developing legal thought of the day. The American effort began with Thomas Jefferson's authorization of the Lewis & Clark Expedition, which set out in 1803 to lay claim to the West. Lewis and Clark had several charges, among them the discovery of a Northwest Passage-a land route across the continent-in order to establish an American fur trade with China. In addition, the Corps of Northwestern Discovery, as the expedition was called, cataloged new plant and animal life, and performed detailed ethnographic research on the Indians they encountered. This fascinating book lays out how that ethnographic research became the legal basis for Indian removal practices implemented decades later, explaining how the Doctrine of Discovery became part of American law, as it still is today.

Chevronizing Foreign Relations Law

Abstract: A number of judge-made doctrines attempt to promote international comity by reducing possible tensions between the United States and foreign sovereigns. For example, ambiguous statutes are usually interpreted to conform to international law, and statutes are usually not understood to apply outside of the nation's territorial boundaries. The international comity doctrines are best understood as a product of a judicial judgment that in various settings, the cost of American deference to foreign interests is less than the benefits to American interests. Sometimes Congress balances these considerations and incorporates its judgment in a statute, but usually it does not. In such cases, executive interpretations should be permitted to trump the comity doctrines. This conclusion is supported both by considerations of institutional competence and by the distinctive position of the President in the domain of foreign affairs. It follows that if the executive wants to interpret ambiguous statutes so as to apply extraterritorially, or so as to conflict with international law, it should be permitted to do so. The analysis of the interpretive power of the executive follows by reference to the Chevron doctrine in administrative law, which similarly calls for deference to executive interpretation of statutory ambiguities. Sometimes the Chevron doctrine literally applies to such interpretation; sometimes it operates as a valuable analogy.

The Central Liberal Truth: How Politics Can Change a Culture and Save It from Itself

Abstract: Which cultural values, beliefs, and attitudes best promote democracy, social justice, and prosperity? How can we use the forces that shape cultural change, such as religion, child-rearing practices, education, and political leadership, to promote these values in the Third World--and for underachieving minorities in the First World? In this book, Lawrence E. Harrison offers intriguing answers to these questions, in a valuable follow-up to his acclaimed Culture Matters. Drawing on a three-year research project that explored the cultural values of dozens of nations--from Botswana, Sweden, and India to China, Egypt, and Chile--Harrison offers a provocative look at values around the globe, revealing how each nation's culture has propelled or retarded their political and economic progress. The book presents 25 factors that operate very differently in cultures prone to progress and those that resist it, including one's influence over destiny, the importance attached to education, the extent to which people identify with and trust others, and the role of women in society. Harrison pulls no punches, and many of his findings will be controversial.He argues, for example, that Protestantism, Confucianism, and Judaism have been more successful in promoting progress than Catholicism, Orthodox Christianity, and Islam. Harrison rejects the Bush administration's doctrine that "the values of freedom are right and true for every person, in every society." Thus nations like Iraq and Afghanistan--where illiteracy, particularly among women, and mistrust are high and traditions of cooperation and compromise are scant--are likely to resist democracy. Most important, the book outlines a series of practical guidelines that developing nations and lagging minority groups can use to enhance their political, social, and economic well-being. Contradicting the arguments of multiculturalists, this book contends that when it comes to promoting human progress, some cultures are clearly more effective than others. It convincingly shows which values, beliefs, and attitudes work and how we can foster them.

Research Note: Marketing ideology and criticism: Legitimacy and legitimization:

Abstract: The analysis of the dialectical relationships between marketing ideology and criticism is supported by the distinction between legitimacy and legitimization. Marketing ideology is defined as a relatively stable set of arguments that provide legitimacy to marketers and the market economy. However it does not preclude contradictions and the dissenting voice of criticism. Marketing doctrine also produces legitimization to lessen the tensions between the marketer’s claim to legitimacy and other people’s belief in this legitimacy. As marketing doctrine develops through incorporation of criticism, it follows that the critical process is a never-ending one.

Rediscovering the Natural Law in Reformed Theological Ethics

Abstract: Stephen Grabill attempts the treacherous task of reintegrating Reformed Protestant theology with natural law by appealing to Reformation-era theologians such as John Calvin, Peter Martyr Vermigli, Johannes Althusius, and Francis Turretin, who carried over and refined the traditional understanding of this key doctrine. "Rediscovering the Natural Law in Reformed Theological Ethics" calls Christian ethicists, theologians, and laypersons to take another look at this vital element in the history of Christian ethical thought.

The Bosphorus ruling of the European Court of Human Rights: fundamental rights and blurred boundaries in Europe

Abstract: The recent case of Bosphorus Airlines v Ireland provided the European Court of Human Rights (ECtHR) with an opportunity to refine further its relationship with the EU. In particular, the ECtHR was called upon to clarify when States could be held responsible for actions taken under the banner of the EU. This article examines the status quo prior to the Bosphorus judgment, and then scrutinises the judgment itself, focusing particularly on the use and scope of the doctrine of 'equivalent protection' to determine State responsibility. The doctrine as outlined in Bosphorus is applied to some likely scenarios involving EU action and its relative merits and disadvantages are discussed. The article also briefly addresses the further global implications of the judgment, namely for the legal accountability of the UN Security Council and the ongoing issue of responsibility of international organisations under international law.

The Place of the WTO and its Law in the International Legal Order

Abstract: I am particularly honoured by your invitation to this Second Biennial Conference of the European Society of International Law. Indeed, I am both honoured and pleased, not only because I am in Paris, but above all because I support the ESIL project, one of the objectives of which is to develop a deeper understanding of trade law and to promote closer cooperation among all those working in the field of inter- national law. Admittedly, I have only distant memories of the Hague Academy of Interna- tional Law where I once worked on estoppel, but the general theme of this conference - International Law: Do We Need It? - convinced me that there was room, this evening, for a non-specialist. It is in that capacity that I will be speaking to you, in the hope that I can contribute the views of a practitioner on the role and place of WTO law within the international legal order. In doing so, I am seeking to estab- lish a constructive dialogue between doctrine and practice with the aim of improving normative and institutional coherence within the international legal

Briefing — Darfur: The international community’s failure to protect

Abstract: OUR COMMON INTEREST, the March 2005 report of the Commission for Africa, squarely acknowledged that much more must be done to prevent conflict in Africa if development in the continent is to accelerate. In passing, the report called for practical means to implement 'agreed criteria for humanitarian intervention and the use of force, drawing on the principles of the "Responsibility to Protect" human life'.1 Six months later, Responsibility to Protect (or R2P in shorthand) became the centrepiece of efforts to reform the United Nations (UN) at the 2005 World Summit and is now widely accepted as providing the criteria for international responses to conflict and large scale atrocities. Such broad acceptance of the doctrine of R2P is a real advance, but implementing it is proving to be a much tougher test of international political will. The most obvious case for the first application of the new doctrine is Darfur, but the international community has conspicuously failed to take the steps necessary to protect the people of Darfur. Instead, while the world has been looking on, the regime in Khartoum and its proxy Janjaweed militias have conducted a systematic campaign of atrocities in Darfur since early 2003, a campaign that continues today.

A human security doctrine for Europe : project, principles, practicalities

Abstract: Preface Contributors List of Abbrevations List of Maps and Tables Part I: Introduction A Human Security Vision for Europe and Beyond Marlies Glasius and Mary Kaldor The Challenges to Re-Establishing A Public Monopoly of Violence Herbert Wulf Part II: A Bottom-up Approach: Five Regional Studies Old and New Insecurity in the Balkans: Lessons from the EU's Intervention in Macedonia Denisa Kostovicova The Great Lakes Region: Security Vacuum and European Legacy Victoria Brittain and Augusta Conchiglia Sierra Leone's War in a Regional Context: Lessons from Interventions David Keen Human Security in the South Caucasus Mient-Jan Faber and Mary Kaldor Middle East Security: A View from Israel, Palestine and Iraq Yahia Said Part III: A Framework for Operations An International Law Framework with respect to International Peace and Security Christine Chinkin Women as Agents of Change in Conflict and Post-Conflict Situations Sonja Licht Culture and Capabilities of the New EU Members Pavel Seifter Principles for the Use of the Military in Support of Law-Enforcement Operations: Implementing the European Security Strategy Andrew Salmon and Mary Kaldor Part IV: Capabilities, Resources and Institutions What Colour Is Your Elephant? The Military Aspect of European Security Christopher Ankersen Civilian Tasks and Capabilities in EU operations Renata Dwan Equipment, Resources , and Inter-operability Genevieve Schmeder Embedding a Bottom-Up Approach to European Security Stefanie Flechtner Annex A Human Security Doctrine for Europe The Barcelona Report of the Study Group on Europe's Security Capabilities

The Monroe Doctrine: Meanings and Implications

Abstract: The Monroe Doctrine as articulated before the U.S. Congress in 1823 established a rhetorical style associated many years later with similar pronouncements during the Cold War and after. Typically couched in the language of idealism and high principle, such affirmations of presidential purpose often purported to advance the cause of humankind, or at least a substantial portion thereof, by upholding values such as freedom, democracy, and peace. Such language sometimes served as a cover for less ennobling purposes connected with the defense of strategic and economic interests and usually contained some kind of threat to take countermeasures if other nations went beyond what the United States regarded as the appropriate bounds. The Monroe Doctrine also instituted a pattern by affirming defensive objectives. Over the years, James Monroe's doctrine took on various meanings and implications, depending upon shifting policies and preferences, but nevertheless consistently served as a mainstay in the articulation of U.S. goals and purposes in the Western Hemisphere. Three stood out among them. Policy makers wanted to keep out the Europeans, to safeguard order and stability in areas of special concern, and to ensure open access to markets and resources. To be sure, the means of implementation varied from time to time, but the pursuit of these objectives remained much the same. Underlying them, another constant projected a sense of racist condescension. Usually viewed as unruly children in need of discipline and direction, according to a prevailing assumption among U.S. policy makers, Latin Americans could not function without paternalistic oversight and supervision. The Monroe Doctrine emerged in response to the exigencies of European politics at the end of the Napoleonic Wars. In efforts to put the world back together again, the Great Powers, that is, the Austrians, Prussians, Russians, and British, under the terms of the Treaty of Paris in 1815 formed the Quadruple Alliance, an alignment committed to peace, order, and the status quo. Three years later, it turned into the Quintuple Alliance with the admission of France, a newly rehabilitated monarchy under the restored Bourbon kings. For good reason in the aftermath of the French upheaval, European leaders feared the threat of revolution more than most things. Consequently at the Congress of Troppau in 1820, they agreed forcibly to put down insurrectionist activities whenever and wherever necessary. Soon after, in 1821, Austrian armies suppressed a series of revolts in Italy. A year later French forces took action against an uprising in Spain. The Europeans also supported the Ottoman Turks in efforts to snuff out a rebellion in Greece. Such actions caused John Quincy Adams, the U.S. secretary of state, to wonder whether the Great Powers also might harbor similar ambitions in the New World, possibly to reinstate the Spanish American empire. The Latin American wars for independence inspired a great deal of interest among citizens of the United States. Indeed, many, such as Congressman Henry Clay of Kentucky, regarded them as conscious attempts to emulate the American Revolution. As Clay observed in 1818, Latin American leaders such as Simon Bolivar and Joss de San Martin have "adopted our principles, copied our institutions and ... employed the very language and sentiments of our revolutionary papers." Such perceptions probably attributed too much importance to the U.S. example and not enough to indigenous circumstances, but nevertheless they indicated high levels of popular enthusiasm. For U.S. leaders, in contrast, realpolitik governed official reactions. The negotiation of the 1819 Transcontinental Treaty with Spain leading to the acquisition of the Floridas preoccupied Secretary Adams. Premature recognition of the newly independent Latin American states might alienate Spanish leaders and ruin his diplomacy. While wishing Spanish Americans well, he put scant faith in their ability to establish "free or liberal institutions of government. …

Psychological Operations: A New Variation on an Age Old Art: Hezbollah versus Israel

Abstract: How could a few hundred guerrillas force their will on a regional power? The struggle of Hezbollah against Israel is a striking case study of applying psychological warfare techniques, which can provide an explanation to the above question as well as to similar conflicts against radical Islam. The article outlines the structure of a PSYOP plan adopted by Hezbollah, details their messages to the selected target audiences, means of their delivery, and the unique doctrine developed and executed, which eventually led to Israel's withdrawal from southern Lebanon.

The Rise of Cohabitation in Quebec: Power of Religion and Power over Religion

Abstract: The author develops the hypothesis that the rise of cohabitation in Quebec can be explained by the fact that almost all of its French speaking population was Catholic, and that the Church's refusal to change its doctrine on marriage and sexuality, and to allow laity to play a decisional role in the definition of doctrine, provided Quebec Catholics with the motive to abandon the traditional Christian norms in these matters; the local Catholic authorities' withdrawal from the institutions that framed people's lives "from cradle to grave" made it possible to actually abandon these norms. This case study allows the author to argue that the speed with which each society proceeds along the path should be studied by analyzing the political, legal, and institutional contexts within which such changes of the second demographic transition occur in each society.

Corporate Law and the Sovereignty of States

Abstract: This article explores the origins of a phenomenon of lasting and profound impact on American society: the private business corporation. Business is only part of our concern here, however. Seen in comparative-historical terms, the modern private corporation was born in colonial (i.e. pre-Revolutionary) America. Surprisingly, this occurred not only because of the business needs of colonial Americans but also as a result of their own struggles for political autonomy. More specifically, the post-Revolutionary doctrine of freedom of incorporation first emerged in states that were originally chartered as private corporations. These "corporate colonies" experienced repeated conflict with the Crown over their rights and privileges as corporations. Once re-chartered as independent states, their respective legislatures transformed constituents' relationship to the means of incorporation in such a way that would lead to lasting changes in American social, civil, and economic life. Quantitative data on the history of post-Revolutionary incorporation rates in the American states, as well as the early banking industries in the United States and Canada, are offered as illustration of this phenomenon. Concluding remarks are made about the interdependent development of states and markets, particularly in post-colonial nations, as well as the nature of institutional-legal transformation more generally.

What is Legal Doctrine

Abstract: Legal doctrine is the currency of the law. In many respects, doctrine, or precedent, is the law, at least as it comes from courts. Judicial opinions create the rules or standards that comprise legal doctrine. Yet the nature and effect of legal doctrine has been woefully understudied. Researchers from the legal academy and from political science departments have conducted extensive research on the law, but they have largely ignored each others' efforts.1 Unfortunately, neither has effectively come to grips with the descriptive meaning of legal doctrine. In this Essay, we propound various theories of how legal doctrine may matter and how those theories may be tested. Legal doctrine sets the terms for future resolution of cases in an area. Doctrine may take many forms; it may be fact-dependent, and therefore limited, or sweeping in its breadth. One doctrinal distinction commonly discussed in the law is the distinction between "rules" and "standards."2 Rules are strict requirements that define the answer to a dispute, once the predicate facts are established. A rule is something like "any subsequent and unauthorized use of another's mark constitutes trademark infringement." Standards, by contrast, are more amorphous guides to resolving disputes, often listing a set of factors to be considered and balanced. A standard would be a law that directed "trademark infringement occurs when there is a likelihood of confusion between the senior and junior marks, as determined by weighing the following factors . . . ." Both doctrinal approaches are found in the law, but there is little analysis of why one might prefer a rule or a standard and what the subsequent effects of the two types of doctrine might be.3 It is frequently presumed that standards leave space for more ideological judging, but this claim has never been demonstrated. Legal researchers have extensively dealt with doctrine as a normative matter but have given little attention to the manner in which it actually functions. Social scientists, who have done important descriptive work about how courts actually function, have largely ignored the significance of legal doctrine. Consequently, we are left with a very poor understanding of the most central question about the law's function in society. Fortunately, recent years have seen the beginning of rigorous research into this question. As legal researchers increasingly conduct quantitative empirical research and collaborate with social scientists, we may hope for an efflorescence of this research and greatly enhanced understanding of legal doctrine. This Essay sketches a theoretical outline of how that research might proceed. I. TRADITIONAL LEGAL VIEWS OF DOCTRINE The conventional legal approach to the law is all about doctrine. Legal academics understand that the language of judicial opinions represents the law. The classical form of legal scholarship was doctrinal analysis, in which a researcher examined the content of a legal opinion to evaluate whether it was effectively reasoned or to explore its implications for future cases.4 Doctrinal analysis was grounded in a descriptive premise that reasoned argument from doctrinal premises actually explained judicial decisions. This research was often evaluative and critical. It implied, however, only that courts had erred, such that a persuasive doctrinal analysis could show the judiciary the error of its ways and provoke a new course of legal reasoning. Legal academics, unsurprisingly, have focused on the traditional legal model of judicial decisionmaking based on "reasoned response to reasoned argument."5 Through this process, one obtains "legal reasoning that can generate outcomes in controversial disputes independent of the political or economic ideology of the judge."6 Central to this legal model is the basing of decisions on some neutral legal principles, free from any political or personal contamination. If the law rules, the identity of the judge should not determine the judicial outcome. …

The AEF Way of War: The American Army and Combat in World War I

Abstract: This 2007 book provides the most comprehensive examination of American Expeditionary Forces (AEF) combat doctrine and methods ever published. It shows how AEF combat units actually fought on the Western Front in World War I. It describes how four AEF divisions (the 1st, 2nd, 26th, and 77th) planned and conducted their battles and how they adapted their doctrine, tactics, and other operational methods during the war. General John Pershing and other AEF leaders promulgated an inadequate prewar doctrine, with only minor modification, as the official doctrine of the AEF. Many early American attacks suffered from these unrealistic ideas that retained too much faith in the infantry rifleman on the modern battlefield. However, many AEF divisions adjusted their doctrine and operational methods as they fought, preparing more comprehensive attack plans, employing flexible infantry formations, and maximizing firepower to seize limited objectives.