Showing papers on "Doctrine published in 2014"

The Science of Logic

Abstract: Acknowledgments List of abbreviations Introduction Notes on the translation The Science of Logic: Preface to the first edition Preface to the second edition Introduction Book I. The doctrine of being Book II. Essence Book III. The doctrine of the concept Appendix. Hegel's logic in its revised and unrevised parts Bibliography Index.

Rule and Order Dutch Planning Doctrine in the Twentieth Century

Abstract: Preface. Part 1: Background. 1. The Concept of Planning Doctrine. 2. Context and Roots of Strategic Planning. Part 2: The Unfolding of Planning. 3. 'Planning is like Pregnancy, You can't Have just a Little'. 4. The Morning After: May 10th, 1940 and the Consequences. Part 3: Reconstruction. 5. Thinking on One's Feet. 6. A New Rationale. Part 4: The Heyday. 7. Planners find their Feet. 8. Doctrine at the Zenith. 9. Provincial Planning the Linchpin? 10. The Taste of Success. Part 5: Crisis and Response. 11. The Seeds of Doubt. 12. Forward Defense. 13. A Return to the Roots? Part 6: Conclusions. 14. Sharing the Blame (but not the Glory?) 15. Lessons. Note on English Literature on Dutch Planning. Bibliography of Works in English. Footnotes. Index.

Freedom's Right: The Social Foundations of Democratic Life

Abstract: ForewordIntroduction: A Theory of Justice as an Analysis of SocietyPart I. Historical Background: The Right to Freedom1. Negative Freedom and the Social Contract2. Reflexive Freedom and Its Conception of Justice3. Social Freedom and the Doctrine of Ethical LifeTransition: The Idea of Democratic Ethical LifePart II. The Possibility of Freedom4. Legal Freedom5. Moral FreedomPart III. The Reality of Freedom6. Social FreedomNotesIndex

Developing Adaptive Leaders: The Crucible Experience of Operation Iraqi Freedom

Abstract: Military; Military/Civil-military relations; Military/Defense policy and doctrine; Military/Military roles; Military/Operations other than war; Military/War and warfare; Politics and government; Politics and government/Foreign governments; Politics and government/Intergovernmental relations; Politics and government/International relations

The ‘Responsibility to Protect’ and the Structural Problems of Preventive Humanitarian Intervention

Abstract: While the normative and legal aspects of the Responsibility to Protect (R2P) doctrine have been explored in great detail, scholars have largely overlooked the more practical question of whether and how international military action can avert mass atrocities. To shed light on this question, this article investigates the ‘strategic logic’ of preventive humanitarian intervention, or the assumed link between external military action and the desired outcome of preventing or stopping mass killing. It contends that there are five fundamental and seemingly irremediable tensions in this logic, all of which cast doubt on the feasibility of preventive humanitarian intervention and on the long-term prospects of R2P.

Insurgency And Counterinsurgency In The 21st Century: Reconceptualizing Threat And Response

Abstract: : Insurgency has existed throughout history but ebbed and flowed in strategic significance. Today the world has entered another period when insurgency is common and strategically significant. This is likely to continue for at least a decade, perhaps longer. As the United States confronts this threat, extrapolating old ideas, strategies, doctrine, and operational concepts is a recipe for ineffectiveness. Reconceptualization is needed. The strategic salience of insurgency for the United States is higher than it has been since the height of the Cold War. But insurgency remains challenging for the United States because two of its dominant characteristics--protractedness and ambiguity-- mitigate the effectiveness of the American military. Furthermore, the broader U.S. national security organization is not optimized for counterinsurgency support. Ultimately, a nation is only as good at counterinsurgency support as its weakest link, not its strongest. Existing American strategy and doctrine focus on national insurgencies rather than liberation ones. As a result, the strategy stresses selective engagement; formation of a support coalition if possible; keeping the American presence to a minimum level to attain strategic objectives; augmenting the regime's military, intelligence, political, informational, and economic capabilities; and, encouraging and shaping reform by the regime designed to address shortcomings and the root causes of the insurgency. The key to success is not for the U.S. military to become better at counterinsurgency, but for the U.S. military (and other elements of the government) to be skilled at helping local security and intelligence forces become effective at it.

Resisting Commensurability: Against Informed Consent as an Anthropological Virtue

Abstract: In this article, I examine anthropology's embrace of the informed consent doctrine at the end of the 1990s. Although acknowledging its utility in resolving the tensions between disciplinary ideals of openness in field research and the diverse array of contexts in which anthropologists now work, I argue that it has not been in our best interest to co-opt the concept. Bringing together the prior critiques of the informed consent doctrine's application to ethnography, I criticize the tendency of some ethnographers to characterize ethnographic practice as “insuperably flawed,” pointing instead to the problems with the doctrine itself. I tease out underlying assumptions about the nature of research (and researchers and research subjects) that it presumes, and I conclude by suggesting the need for anthropology take a principled stance against the informed consent doctrine.

Three Cheers for Double Effect

Abstract: The doctrine of double effect, together with other moral principles that appeal to the intentions of moral agents, has come under attack from many directions in recent years, as have a variety of rationales that have been given in favor of it. In this paper, our aim is to develop, defend, and provide a new theoretical rationale for a secular version of the doctrine. Following Quinn (1989), we distinguish between Harmful Direct Agency and Harmful Indirect Agency. We propose the following version of the doctrine: that in cases in which harm must come to some in order to achieve a good (and is the least costly of possible harms necessary), the agent foresees the harm, and all other things are equal, a stronger case is needed to justify Harmful Direct Agency than to justify Harmful Indirect Agency. We distinguish between two Kantian rationales that might be given for the doctrine, a “dependent right” rationale, defended by Quinn, and an “independent right” rationale, which we defend. We argue that the doctrine and the “independent right” rationale for it are not vulnerable to counterexamples or counterproposals, and conclude by drawing implications for the larger debate over whether agents' intentions are in any way relevant to permissibility and obligation.

German Ordoliberalism as Agenda Setter for the Euro Crisis: Myth Trumps Reality

Abstract: German political leaders have extolled the advantages of the rule-based ordoliberal doctrine as a panacea for the Eurozone countries to regain competitiveness. This legalistic doctrine has been used by the German Bundesbank as an important agenda setter to prevent alternative ideas from challenging the austerity discourse in the Eurozone. A closer look across German economic history tells a different story. At no time did perfect market competition work in practice as the ordoliberal doctrine postulates. In fact, it was the London Debt Agreement of 1953 with the Marshall Plan, and the combination of Ordnungspolitik with a more ethical and publicly provided social policy (what has become known as the Soziale Marktwirtschaft) which account for the German Wirtschaftswunder. But rather than rejecting Ordnungspolitik on the grounds that it is ‘a dangerous idea’, we should focus on institutional reforms based on an ethical and socially oriented economic model for the European Union (EU). In fact, this is what G...

Subsidiarity in the Tradition of Catholic Social Doctrine

Abstract: The violent efforts of the eighteenth and nineteenth century revolutionaries to dissolve the social order led the Catholic Church to discern and articulate the principle of subsidiarity. In Catholic social doctrine, social justice is the demand that the common good be realised through societies, institutions, and groups. Derivative of social justice is the principle of subsidiarity or subsidiarity function, which has two aspects. Negatively, it is a principle of non-absorption of lower societies by higher societies, above all by the state. Positively, subsidiarity demands that when aid is given to a particular society, it be for the purpose of encouraging and strengthening that society. Societies are opportunities for activities by which rational agents achieve perfections proper to their nature, specifically by causing good in others through solidarity. The activities of the heterogeneous and pluriform whole that is the commonwealth must be harmonized with regard to the common good. In Catholic social doctrine, subsidiarity is not a principle of devolution or smallness of scale.

Seventh-Day Adventists and Original Sin: A Study of the Early Development of the Seventh-Day Adventist Understanding of the Effect of Adam's Sin on His Posterity

Abstract: SEVENTH-DAY ADVENTISTS AND ORIGINAL SIN: A STUDY OF THE EARLY DEVELOPMENT OF THE SEVENTH-DAY ADVENTIST UNDERSTANDING OF THE EFFECT OF ADAM'S SIN ON HIS POSTERITY

Hobbes and the Question of Power

Abstract: Thomas Hobbes has been hailed as the philosopher of power par excellence ; however, I demonstrate that Hobbes’s conceptualization of political power is not stable across his texts. Once the distinction is made between the authorized and the effective power of the sovereign, it is no longer sufficient simply to defend a doctrine of the authorized power of the sovereign; such a doctrine must be robustly complemented by an account of how the effective power commensurate to this authority might be achieved. Nor is this straightforward: for effective political power can fluctuate, sometimes severely. In this light, the prevalent juridical reading of Hobbes’s political philosophy is inadequate.

Ideas with Consequences: The Federalist Society and the Conservative Counterrevolution

Abstract: Acknowledgments Introduction 1. Understanding Federalist Society Network Influence Part I: The State Exists to Preserve Freedom 2. The Right of the People to Keep and Bear Arms: Lost and Found 3. Judicial Activism, Inc.: The First Amendment, Campaign Finance, and Citizens United Part II: The Separation of Governmental Powers is Central to Our Constitution 4. Federalism and the Commerce Power: Returning to " 5. State Sovereignty and the Tenth Amendment: The Anti-Commandeering Doctrine Part III: It is Emphatically the Province and Duty of the Judiciary Branch to Say What the Law Is, Not What It Should Be 6. Saying What the Law Is: The Federalist Society and the Conservative Counterrevolution Appendix A - An Agenda for Future Research: Looking Back, Looking Forward Appendix B - List of Interviews References Index

Russia in Afghanistan and Chechnya: Military Strategic Culture and the Paradoxes of Asymmetric Conflict

Abstract: : This study examines and compares the performance of the Soviet military in Afghanistan and the Russian military in Chechnya. It aims to discern continuity or change in methods and doctrine. Because of Russian military cultural preferences for a big-war paradigm that have been embedded over time, moreover, this work posits that continuity rather than change was much more probable, even though Russia's great power position had diminished in an enormous way by 1994. However, continuity- manifested in the continued embrace of a conventional and predictably symmetric approach-was more probable, since cultural change usually requires up to 10 years.

Clausewitz's Center Of Gravity: Changing Our Warfighting Doctrine - Again!

Abstract: : Over the last 25 years, the center of gravity concept has grown increasingly central to the U.S. military's warfighting doctrine. It has been hailed by each of the Services and the Joint community as the cornerstone of the operational art; and it has come to occupy a common place in the vocabulary of professional soldiers. It is somewhat surprising, therefore, that, over the last quarter-century especially, the term has come to have so many different meanings. In this monograph, the author, Lieutenant Colonel Antulio Echevarria II, cuts through the myriad interpretations surrounding the concept and gets back to the original idea as conceived by its author, the Prussian military theorist, Carl von Clausewitz. In going back to the original concept, Lieutenant Colonel Echevarria reveals that Clausewitz intended the center of gravity to function much as its counterpart in the mechanical sciences does, that is, as a focal point. Lieutenant Colonel Echevarria thus argues, quite persuasively, that the Clausewitzian center of gravity is not a strength, nor a weakness, nor even a source of strength. A center of gravity is the one element within a combatant's entire structure or system that has the necessary centripetal force to hold that structure together. This is why Clausewitz wrote that a blow directed against a center of gravity will have the greatest effect. The monograph concludes with recommendations for revising Joint and Service doctrine so that they will reflect a more accurate and coherent definition of a center of gravity. It also offers some considerations for the war planner when applying the concept.

Training Indigenous Forces In Counterinsurgency: A Tale Of Two Insurgencies

Abstract: : Counterinsurgency is manpower intensive, and nearly all major counterinsurgency campaigns of the last century have relied heavily on indigenous police and military forces. Indeed, there have been few counterinsurgency situations in which the indigenous security forces were not the primary forces employed on the government side in the conflict, at least in terms of numbers. Although the importance of training indigenous police and military forces is understood in counterinsurgency doctrine and theory, relatively little research has been conducted concerning how this mission should be carried out. Hopefully, this monograph will help fill some of the information gap on this vital subject. There are several major questions that need to be addressed: How can the supporting or governing power best organize the local police and military forces for counterinsurgency? What level of training do security forces need to conduct effective counterinsurgency operations? What is the role of the police in counterinsurgency? What is the role of home guards or irregular security organizations? What kinds of training programs produce effective police and military leaders? These are very relevant questions today as the U.S. military revises its counterinsurgency doctrine. Currently, U.S. forces are engaged in campaigns against insurgents in Iraq and Afghanistan, and are providing advice and support to the Philippine and Colombian governments in their battles against insurgents. In all of these countries, the U.S. military is engaged in training and supporting the local police and military force for counterinsurgency operations. As the Global War on Terror continues, the U.S. military will certainly see many more missions to train and support indigenous security forces.

Emerging norm and rhetorical tool: Europe and a responsibility to protect

Abstract: European governments, parliaments and civil societies belong to the most important supporters of a ‘responsibility to protect’ (R2P). However, despite a shared positive attitude towards R2P and co-ordinated diplomatic efforts, major European governments and therefore the European Union (EU) have never reached a consensual position on R2P. Based on 47 expert interviews and a review of official government documents, the article analyses the positions of France, Germany, the United Kingdom and the common EU institutions across a series of critical junctures of the R2P debate between 2005 and 2013. The authors find that Paris and London agree with Berlin and Brussels that R2P requires longer-term multilateral norm-building. Yet, while Germany stresses military restraint and civilian crisis prevention, France and the UK continue to view R2P through their pre-existing traditions of a droit d'ingerence and the ‘doctrine of humanitarian intervention’, respectively. These differences are largely due to diverging s...

The Evolution of Shareholder Voting Rights: Separation of Ownership and Consumption

Abstract: The nineteenth century saw the standardization and rapid spread of the modern business corporation around the world. Yet those early corporations differed from their contemporary counterparts in important ways. Most obviously, they commonly deviated from the one-share-onevote rule that is customary today, instead adopting restricted voting schemes that favored small over large shareholders. In recent years, both legal scholars and economists have sought to explain these schemes as a rough form of investor protection, shielding small shareholders from exploitation by controlling shareholders in an era when investor protection law was weak. We argue, in contrast, that restricted voting rules generally served not to protect shareholders as investors, but to protect them as consumers. The firms adopting such rules were frequently local monopolies that provided vital infrastructural services such as transportation, banking, and insurance. The local merchants, farmers, and landholders who used these services were the firms’ principal shareholders. They commonly purchased shares not in the expectation of profit, but to finance collective goods. Restricted shareholder voting assured that control of the firms’ services would not fall into the hands of monopolists or competitors. In effect, the corporations had much the character of consumer cooperatives. This perspective also sheds light on the unusual importance given to the doctrine of ultra vires in the nineteenth century. While current legal and economic scholarship has focused incessantly on the separation between ownership and control, the prior separation between ownership and consumption, accomplished by the late nineteenth century, was another fundamental but generally overlooked turning point in the history of the business corporation. Understanding this transformation throws light not just on historical practices, but also on contemporary debates over deviations from the rule of one-share-onevote. authors. Henry Hansmann is Oscar M. Ruebhausen Professor of Law, Yale Law School. Mariana Pargendler is Professor of Law at Fundacao Getulio Vargas Law School in Sao Paulo (Direito GV). For helpful comments and suggestions on earlier drafts of this article we specially wish to thank Ian Ayres, Howard Bodenhorn, Ronald Gilson, Timothy Guinnane, Leslie Hannah, Eric Hilt, Daniel Ho, Naomi Lamoreaux, John Langbein, David Le Bris, Aldo Musacchio, Claire Priest, Richard Sylla, Andrew Verstein, Charles Whitehead, and Robert Wright, as well as participants at the American Law and Economics Association 2011 Annual Meeting at Columbia Law School, the Latin American and Iberian Law and Economics Association 2012 Annual Meeting in Lima, and the Comparative Law and Economics Forum in Rio de Janeiro, and at conferences and workshops at Columbia Law School, Fundacao Getulio Vargas Law School in Sao Paulo, Tel Aviv University, Toulouse School of Economics, Vanderbilt Law School, and Yale Law School. For valuable research assistance, we are grateful to Allison Gorsuch, Ian Masias, Nicholas Walter, Julie Wang, and particularly Joanne Williams. David Louk and his colleagues at the Yale Law Journal provided excellent editing. the evolution of shareholder voting rights 949 article contents

Starting a Flood to Stop a Fire? Some Moral Constraints on Solar Radiation Management

Abstract: Solar radiation management (SRM), a form of climate engineering, would offset the effects of increased greenhouse gas concentrations by reducing the amount of sunlight absorbed by the Earth. To encourage support for SRM research, advocates argue that SRM may someday be needed to reduce the risks from climate change. This paper examines the implications of two moral constraints—the Doctrine of Doing and Allowing, and the Doctrine of Double Effect—on this argument for SRM and SRM research. The Doctrine of Doing and Allowing, and perhaps the Doctrine of Double Effect, shows that the argument is weaker than it appears.

Policing Africa: The US military and visions of crafting ‘good order’

Abstract: Current Western security doctrines assert that state fragility, radicalization and humanitarian disasters in the global South feed into ‘persistent conflict’. Such a scenario consequently requires a closely coordinated and integrated response from political and military actors. In this context, Western governments have introduced the concept of stabilization in their approaches to ‘fragile’ states. This article aims to understand the expanding activities of the US military in sub-Saharan Africa, which are conducted under the label of stability operations. It will be argued that the vast spectrum of activities under this label – from health projects to drone attacks – can be made comprehensible through the concept of policing, understood as processes of regulating communities with the aim of establishing ‘good order’. Key pillars of the US military’s stability operations operations doctrine – namely, a focus on the welfare of the population (on a par with the minimum use of force) as well as an extended pr...

The Evolution of the Use of Force in UN Peacekeeping

Abstract: The role of force in United Nations peacekeeping has changed dramatically since the first observer mission in 1948 Once, peacekeepers used force only in the most exceptional circumstances and only in self-defense By the mid-1970s, peacekeepers were authorized to defend the mandates of their operations, still as a variant of ‘self-defense’ but with greater scope for offensive force Since the turn of the century, corresponding with the ‘Brahimi Report’, the language of self-defense is no longer in use in peacekeeping mandates Instead, the Security Council routinely finds the existence of threats to international peace and security and vest ‘robust’ peacekeeping operations with the ability to use offensive force The role of the controversial ‘responsibility to protect’ doctrine in peacekeeping is examined; however, it is concluded that, as yet, the doctrine has had limited impact on the legal framework relating to peacekeeping

The Reluctant Peacekeeper: France and the Use of Force in Peace Operations

Abstract: The French doctrine towards peace operations has, over the last two decades, reflected the ambivalence of France’s position, stretched between on the one hand a military culture that places the use of force at the centre of strategy and on the other hand multidimensional operations that by their nature integrate a large range of activities. As a consequence France has evolved as a ‘reluctant peacekeeper’: while it has been significantly involved in peace operations since the end of the Cold War, the military has never felt comfortable with the peacekeeping concept, seen as a dilution of their primary function of fighting wars. This tension has shaped both doctrinal development and operations. Twenty years after the French engagement in former Yugoslavia, lessons have been learnt, and policy-makers have become aware of the evolution of conflict management and the subsequent necessity to integrate the military dimension into a broader framework. Yet France’s policy is still shaped by a certain avers...

Ethics Without Intention

Abstract: Preface 1. Introductory Remarks: We Never Do Just One Thing Part I: The Doctrine of Double Effect 2. Definitions First: Classic Formulations of the Doctrine 3. Back to the Beginning: Aristotle, Aquinas and the Origins of Double Effect Part II: Double Effect in Theory 4. The Trolley Problem 5. An Experimental Approach to the Permissibility of Killing One to Save Five 6. A Theoretical Problem with Double Effect: Closeness 7. Kamm, Kant, and Double Effect Part III: Double Effect in Practice 8. The Classic Application of Double Effect: Collateral Damages 9. An Experimental Approach to the Distinction between Intending and Merely Foreseeing 10. Bioethical Applications: The Example of Embryo Loss and Stem Cell Research 11. What Shall I Do? The Doctrine Cannot Tell Us How We May Permissibly Act 12. Concluding Remarks: Responsibility, Character and Mends Notes Bibliography Index

Hybrid Actors, Tactical Variety: Rethinking Asymmetric and Hybrid War

Abstract: Wars like those in Iraq and Afghanistan should be understood as hybrid wars, wars in which elements of ethnic or tribal conflict, ideologically based insurgency, factional squabbling, and organized crime are inextricably intertwined, with the same actors playing multiple and partially conflicting roles. Hybrid war is inherently transnational, featuring transnational crime networks, “migrant warriors,” transnational diaspora links, legitimate international trade, and foreign intervention. It takes place in hybridized states reliant on local warlords and other actors whose power prevents effective state-building. In this context, while counterinsurgency doctrine prescribes appropriate military strategy and tactics, the core problem is more political than military. Since a hybridized client state is not likely to be politically reformable even if a foreign ally achieves military success, outside allies like the United States should generally refrain from boots-on-the-ground intervention, pursuing instead a d...

A Fresh Look at Islam in a Multi-Faith World: A philosophy for success through education

Abstract: A Fresh Look at Islam in a Multi-Faith World provides a comprehensively theorised and practical approach to thinking systematically and deeply about Islam and Muslims in a multi-faith world. It makes the case for a contemporary educational philosophy to help young Muslims surmount the challenges of post-modernity and to transcend the hiatuses and obstacles that they face in their interaction and relationships with non-Muslims and visa-versa. It argues that the philosophy of critical realism in its original, dialectical and metaReal moments so fittingly ‘underlabours’ (Bhaskar, 1975) for the contemporary interpretation, clarification and conceptual deepening of Islamic doctrine, practice and education as to suggest a distinctive branch of critical realist philosophy, specifically suited for this purpose. This approach is called Islamic Critical Realism. The book proceeds to explain how this Islamic Critical Realist approach can serve the interpretation of the consensual elements of Islamic doctrine, such as the six elements of Islamic belief and the five ‘pillars’ of Islamic practice, so that these essential features of the Muslim way of life can help Muslim young people to contribute positively to life in multi-faith liberal democracies in a globalising world. Finally, the book shows how this Islamic Critical Realist approach can be brought to bear in humanities classrooms by history, religious education and citizenship teachers to help Muslim young people engage informatively and transformatively with themselves and others in multi-faith contexts.

Work ethics from the Islamic and Hindu traditions: in quest of common ground

Abstract: Interest in the role of spiritual and religious traditions in the workplace has been growing in recent years. In this article, we seek to contribute to this burgeoning field of study by investigating the significance of work in man’s life according to the Islamic and Hindu traditions and, in particular, the common work-related ethical principles advocated in the two religions. We focus our discussion on three key interrelated ethical principles which apply to the domain of work: justice, benevolence, and trusteeship – all of which are espoused in both Islam and Hinduism and which, we argue, stem from the key metaphysical principle of “unity”, a shared doctrine in both religions.