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Showing papers on "Doctrine published in 2018"


Journal ArticleDOI
01 Apr 2018-Nature
TL;DR: An international doctrine for cyberspace skirmishes before they escalate into conventional warfare should be defined, according to Mariarosaria Taddeo and Luciano Floridi.
Abstract: Define an international doctrine for cyberspace skirmishes before they escalate into conventional warfare, urge Mariarosaria Taddeo and Luciano Floridi. Define an international doctrine for cyberspace skirmishes before they escalate into conventional warfare, urge Mariarosaria Taddeo and Luciano Floridi.

88 citations


Book
31 May 2018
TL;DR: The Use of Force and International Law as discussed by the authors provides an authoritative overview of international law governing the resort to force, including technology, sovereignty, actors, compliance and enforcement, and provides a contemporary, comprehensive and accessible treatment of the subject.
Abstract: The Use of Force and International Law offers an authoritative overview of international law governing the resort to force. Looking through the prism of the contemporary challenges that this area of international law faces, including technology, sovereignty, actors, compliance and enforcement, this book addresses key aspects of international law in this area: the general breadth and scope of the prohibition of force, what is meant by 'force', the use of force through the UN and regional organisations, the use of force in peacekeeping operations, the right of self-defence and the customary limitations upon this right, forcible intervention in civil conflicts, and the controversial doctrine of humanitarian intervention. Suitable for advanced undergraduate and postgraduate students, academics and practitioners, The Use of Force and International Law offers a contemporary, comprehensive and accessible treatment of the subject.

53 citations


Book ChapterDOI
18 Jan 2018
TL;DR: In this article, the authors defend the limitarian doctrine, which entails the view that it is morally objectionable to be rich, and examine how limitarianism can be spelled out and whether it can be convincingly defended.
Abstract: This paper defends the limitarian doctrine, which entails the view that it is morally objectionable to be rich. I examine how limitarianism can be spelled out and whether it can be convincingly defended. As is the case with egalitarianism and other distributive views, one can distinguish between intrinsic limitarianism and non-intrinsic limitarianism; and a variety of justifications can be explored. I defend non-intrinsic limitarianism based on two different arguments: the democratic argument and the argument from unmet urgent needs. An account of what ‘riches’ entails is also developed, since any plausible account of limitarianism requires a sufficiently clear account of the threshold. I also discuss whether limitarianism should be defended as a moral or rather as a political doctrine. Finally, I analyze and reject two important objections, claiming that limitarianism violates equality of opportunities and that limitarianism does not take incentive considerations into account. The paper concludes with an outline of a future research agenda on limitarianism.

50 citations


Journal ArticleDOI
TL;DR: The European Court of Human Rights (ECHR) has been criticised for the use of the margin of appreciation doctrine as an instrument to reconcile European protection of fundamental rights and national diversity.
Abstract: Fundamental rights standards in Europe diverge as a result of differences in legal traditions, constitutional values and historical developments. The European Court of Human Rights therefore faces the challenge of having to balance the need for uniform and effective rights protection with respect for diversity. It is often thought that the famous margin of appreciation doctrine is the Court’s main tool in finding this balance. This article shows, however, that the Court’s application of the doctrine has made it into a rather empty rhetorical device. This appears to be different for the Court’s use of incrementalism, which increasingly appears to have replaced the margin of appreciation doctrine as an instrument to reconcile European protection of fundamental rights and national diversity. The article concludes by showing how the Court could further benefit from this strategy of incrementalism, while still maintaining a role for the margin of appreciation doctrine.

47 citations


Journal ArticleDOI
TL;DR: The UN Security Council has a tendency to push the boundaries of UN peacekeeping beyond traditional doctrine by equipping peace operations with ever more sophisticated equipment as discussed by the authors, and this trend has been observed for decades.
Abstract: Recent scholarship has discerned an increasing tendency of the UN Security Council to push the boundaries of UN peacekeeping beyond traditional doctrine by equipping peace operations with ever more...

46 citations



Journal ArticleDOI
TL;DR: In this article, a history of the phenomenon written along sceptical lines casts doubt on the existence of a transhistorical doctrine, or even an enduring conservati cation of conservatism.
Abstract: Is there a political philosophy of conservatism? A history of the phenomenon written along sceptical lines casts doubt on the existence of a transhistorical doctrine, or even an enduring conservati...

41 citations


09 Jul 2018

36 citations


Book ChapterDOI
12 Nov 2018

33 citations


Journal ArticleDOI
TL;DR: In this paper, the authors propose several possible answers to the question of why Descartes would have upheld modal voluntarism in the first place, each of which provides at least a partial explanation for the attraction of modality to the author.
Abstract: Descartes’s commitment to modal voluntarism was one of his most notorious and controversial doctrines. The reaction of contemporaries was hostility and incredulity; the reaction of modern scholars has been little different. Yet, though the issue has fomented considerable discussion and disagreement in the literature, the overwhelming majority of scholarly output has focused on questions of whether Descartes actually upheld the doctrine, or what he was committed too if he indeed did. Surprisingly, the underlying question of why Descartes would have upheld such a doctrine in the first place has gone almost entirely unnoticed and unasked. This paper proposes several possible answers to this question, each of which provides at least a partial explanation for Descartes’s attraction to modal voluntarism. The ultimate motive, however, was likely not one of positive attraction, but driven by Descartes’s anxieties over the thorny and deeply heretical implications of his conception of matter.

28 citations


Journal Article
TL;DR: The counter-speech doctrine was first explicitly articulated by Justice Louis Brandeis in Whitney v. California (1927), in which he wrote, "If there be time to expose through discussion the falsehood and fallacies, to avert the evil by the processes of education, the remedy to be applied is more speech, not enforced silence".
Abstract: A central tenet of First Amendment theory is that more speech is an effective remedy against false speech. This counterspeech doctrine was first explicitly articulated by Justice Louis Brandeis in Whitney v. California (1927), in which he wrote, “If there be time to expose through discussion the falsehood and fallacies, to avert the evil by the processes of education, the remedy to be applied is more speech, not enforced silence.” Since then, the effectiveness of counterspeech has become an integral to most conceptualizations of a functioning marketplace of ideas, in which direct government regulation of speech is minimized in favor of an open and competitive speech environment in which ideas are free to circulate, and in which truthful speech is presumed to be inherently capable of winning out over false speech. This paper seeks to unpack the assumptions about the dynamics of the production, dissemination, and consumption of news that are embedded in the counterspeech doctrine. This paper then questions whether these assumptions remain viable in the face of the realities of the contemporary media ecosystem; and if not, what this means for contemporary media policy. In addressing this issue, this paper will first review the counterspeech doctrine; the ways it has been put into practice in legal and policy decision-making; and the critiques that have been leveled against. This section will illustrate that critiques thus far have focused questioning whether counterspeech provides adequate protections against types of speech such as pornography and hate speech. Missing, at this point, has been a broader inquiry into whether the media ecosystem has evolved in ways that undermine the validity of the counterspeech doctrine. This paper will then detail the technological changes that have affected the media ecosystem and media users over the past two decades that bear directly on the continued validity of the counterspeech doctrine. Specifically, technological changes have: a) affected the relative prominence of the production of true versus false news; b) diminished the gatekeeping barriers that have traditionally curtailed the dissemination of false news; c) increased the ability of those producing false news to target those most likely to be affected by false news; d) enhanced the speed at which false news travels; e) diminished the likelihood of being exposed to accurate news that counteracts false news. Thus, just as it has been argued that the assumptions underlying the Second Amendment right to bear arms (written in the era of muskets and flintlocks) may not be transferrable to today’s technological environment of automatic assault weapons, it may be time to reconsider whether fundamental aspects of First Amendment theory are effectively transferrable to today’s radically different media environment. Finally, in considering the media law and policy implications of this argument, this paper will consider the implications of the seldom discussed qualification in Brandeis’ statement (“if there be time…”), its possible relevance to contemporary media policymaking, and whether other qualifications are now in order.

Book
30 Apr 2018
TL;DR: In this paper, the authors argue that Origen's teaching on original and volitional sin demonstrates divergence from and continuity with the prevailing theological tradition, and argue that this divergence is caused by the fact that the lower element of the soul usurps the higher element and gives undue attention to the ephemeral needs of the body.
Abstract: Origen is a critical third century voice in seeking to articulate a cogent doctrine of sin. His magisterial Commentary on Romans opens a unique window to understanding his mature thought on the subject. In this thesis I argue that Origen’s teaching on original and volitional sin demonstrates divergence from and continuity with the prevailing theological tradition. Here he conceives of the preexistent fall of souls as encapsulated in a mystical, yet historical, fall of Adam in the Garden. The taint of this sin is shared by all humanity ab initio and expresses itself through the loss of the image of God and the spread of death and dominion. His defense of infant baptism further recognizes the inheritance of sin from Adam. Origen’s understanding of volitional sin is situated within the context of his polemic against the Gnostic doctrine of natures. Thus his tripartite anthropology seeks to offer the parameters of a cogent doctrine of sin: the soul is free to choose between body/flesh (vice) and spirit (virtue). Sin is a misappropriation of the individual’s tripartite makeup, a situation where God’s law—natural law, Mosaic law, or gospel—is breached through the soul’s lack of moderation. This is caused when the lower element of the soul usurps the higher element and gives undue attention to the ephemeral needs of the body.

Book ChapterDOI
TL;DR: The classic starting point for identifying the sources of international law is Article 38 of the Statute of the International Court of Justice as mentioned in this paper, which refers to three sources: treaties, customary international law, and general principles of law; as well as two subsidiary means for determining rules of law.
Abstract: The classic starting point for identifying the sources of international law is Article 38 of the Statute of the International Court of Justice. Article 38 famously refers to three sources: treaties, customary international law, and general principles of law; as well as two subsidiary means for determining rules of law, namely judicial decisions and the teachings of publicists. However, Article 38 does not adequately reflect how the doctrine of sources operates in practice because it omits important sources of international law while misrepresenting the nature and weight of others. To appreciate how the doctrine of sources operates in practice, international lawyers need to understand how international law is created through a dialogue among states, state-empowered entities and non-state actors. States are important actors in this process, but they are not the only actors. It is only by understanding this process of dialogue that one can develop a full understanding of the theory – and reality – of the sources of international law.

Journal ArticleDOI
TL;DR: From an Indigenous knowledge perspective, decolonizing social design commences with the interactions that result from building relationships with knowledge outside the human mind because Knowledge lives in Country and has partnered with human designers since the beginning as mentioned in this paper.
Abstract: Colonial successes and the wealth gathered over centuries has benefited many, but it has also situated disregard, denial, and exploitation as primary to the epistemology of development. Thus, colonization is not a past doctrine; its violations and intrusions are embedded systematically in the assumptive framework of modern societies. Regardless of its power, colonialism is just one of many possible genres of social design. From an Indigenous Knowledge perspective, decolonizing social design commences with the interactions that result from building relationships with knowledge outside the human mind because Knowledge lives in Country and has partnered with human designers since the beginning.

Dissertation
01 Jul 2018
TL;DR: In this article, a Neo-Confucian approach to the puzzle of how a free man can have intellectual love if, as Spinoza says, God is Nature itself is presented.
Abstract: In the last part of Ethics Spinoza introduces the doctrine of the intellectual love of God: God loves himself with an infinite intellectual love. This doctrine has raised one of the most discussed puzzles in Spinoza scholarship: How can God have intellectual love if, as Spinoza says, God is Nature itself? After examining existing.approaches to the puzzle and revealing their failures, I will propose a Neo- Confucian approach to the puzzle. I will compare Spinoza's philosophy with Neo-Confucian (especially Wan Yang-Ming's) philosophy and argue that we can develop a new approach to the puzzle by appealing to the comparison. I conclude that the intellectual love of God can be properly understood from different perspectives. From God's perspective it is understood as the creative power of God. From an individual's perspective it is understood as the essence of this very individual. Moreover, once we combine these two perspectives we can reach what I consider to be the correct interpretation of Spinoza' s view: Given that intuitive knowledge and action are one and the same the intellectual love of God should be comprehended not only as man's final fulfillment of freedom through intuitive knowledge, but also as man's self-cultivation in practice. I maintain that a free man, as Spinoza endeavors to become, is equivalent to a Neo-Confucian sage.

26 Jun 2018
TL;DR: In the early 1920s, the German cartel theory had become a scientific standard worldwide as mentioned in this paper and became the most widely accepted theory on economic unions, which is the current state of research in German economic science.
Abstract: Cartel theory, being the doctrine of the cooperation between entrepreneurs of the same industry, was founded in 1883 by the Austrian Friedrich Kleinwachter. This theory, with its specific concepts, was essentially confined to the German-speaking world until World War I. Other cultural or language areas such as the Anglosphere and the Romanic countries had different terminologies and different insights into the topic: There were theories about syndicates, combinations or trusts. The peculiarities of the respective economic cultures hindered a unification of the terms, their meanings and their underlying theories up to the early 1920s. From the mid-1890s, German cartel theory had undergone several conceptual reforms and outdid its foreign-language counterparts in terms of differentiation. Until about 1910, cartel theory (besides American trust theory) had become the most respected theory on economic unions. After World War I, international cartels became needed. Since 1929, the terminology of German cartel theory became fundamental for the corresponding debates, which had taken place first at the International Economic Conference of the League of Nations in 1927. With the entry into the 1930s, the German cartel doctrine had become a scientific standard worldwide. This recognition makes it clear that German economic science was by no means in every respect ‹backward› in the interwar period, which is the current state of research. Therefore, German economics was better prepared than any other national economic discipline for the development of an ever more organized economy as evoked by the extensive cartelization and state-initiated regulation of the 1930s. So, cartel-related expertise was increasingly used in the policy of the controlled economy of the Third Reich.

Book
30 Nov 2018
TL;DR: Leigh Anenson as discussed by the authors analyzes the scope of judicial authority and discretion to recognize the equitable doctrine of unclean hands as a bar to actions seeking damages in the United States.
Abstract: T. Leigh Anenson analyzes the scope of judicial authority and discretion to recognize the equitable doctrine of unclean hands as a bar to actions seeking damages in the United States. Bringing an American perspective to contentious conversation about law-equity fusion in other countries of the common law, Anenson provides a historical, doctrinal, and theoretical account of the integration, analyzes cases in the federal courts and across the fifty states, and places the issue of integration within a broader debate over the fusion of law and equity. Her analysis also includes descriptive and normative accounts of the equitable maxim of unclean hands. This groundbreaking work, which clarifies conflicting case law and advances the idea of a principled fusion of law and equity, should be read by anyone interested in the need for equity - its cultivation, preservation, and celebration.

Journal ArticleDOI
Itamar Mann1
TL;DR: In this article, the authors explore the trope of the legal black hole to reveal questions of legal theory arising from contemporary migrant drownings and reveal specifically legal reasons for the seeming failure to end mass drowning of migrants and refugees in the Mediterranean Sea.
Abstract: The article explores the trope of the “legal black hole” to reveal questions of legal theory arising from contemporary migrant drownings. The theme was popularized during what was then called the “war on terror,” but its trajectory is longer and more complex. Its material history, as well as its intellectual history within legal scholarship, suggest three distinct ‘legacies’ of legal black holes: the counter-terrorism legacy; the migrant-detention legacy; and the legacy of the maritime legal black hole. The tripartite division provides a typology of instances where persons are rendered rightless. While the two former types are characterized by de-facto rightlessness due to a violation of international law, the latter exposes a seldom-acknowledged yet crucial characteristic of international law: age-old doctrine on the division of responsibilities between states and individuals at land and at sea is now creating the conditions in which some people are rendered de-jure rightless. Moreover, the typology sheds light on the specifically legal reasons for the seeming failure to end mass drowning of migrants and refugees in the Mediterranean Sea. Tracing the ways in which people become de-jure rightless is ultimately suggested as a broader research agenda for scholars of international law.

Book
15 Feb 2018
TL;DR: In this article, the United Kingdom has both substantive and procedural right to life obligations during armed conflict, albeit partially modified by reference to international humanitarian law, and the effect of a derogation from the European Convention on Human Rights (ECHR) and the International Covenant on Civil and Political Rights (ICCPR).
Abstract: There is only passing reference made to human rights law in United Kingdom armed forces doctrine and military publications. Moreover, there is no reference made to the United Kingdom’s right to life obligations in respect of those affected by the actions of the state’s armed forces, or armed forces personnel themselves, during international and non-international armed conflict. As a consequence, no formal mechanism exists to ensure that the United Kingdom can comply with its right to life obligations pursuant to the European Convention on Human Rights (ECHR) and the International Covenant on Civil and Political Rights (ICCPR). Recent judgments of the European Court of Human Rights, advisory opinions and a judgment of the International Court of Justice, and views of numerous United Nations human rights bodies and rapporteurs would appear to indicate that human rights law can and does, however, apply during armed conflict. The exact nature of how human rights law, and the right to life specifically, apply during armed conflict and the obligations thus created, remain largely unresolved and generate considerable debate. This study therefore aims to consider both the extent to which the United Kingdom has right to life obligations during international and non-international armed conflict and, on the basis of current doctrine and procedures, how far the state complies with such obligations. Implicit in this analysis is a determination of what positive and negative right to life obligations are created by the ECHR and ICCPR, the extent to which these obligations have extraterritorial effect during armed conflict, how these obligations interact with the United Kingdom’s obligations pursuant to international humanitarian law, and the effect of a derogation from the ECHR during armed conflict. This study concludes that the United Kingdom has both substantive and procedural right to life obligations during armed conflict, albeit partially modified by reference to international humanitarian law. Adhering to current United Kingdom military doctrine and procedures does not, however, always ensure full compliance with these obligations.

Journal ArticleDOI
TL;DR: In this article, the authors follow the sinuous trajectory of the joint design of an electricity meter and the technical architecture of the smart home in France, pointing to the articulation between the mundane work of material and market design and the profound, pervasive, and political issue of "agencing" consumption.
Abstract: This paper follows the sinuous trajectory of the joint design of an electricity meter and the technical architecture of the smart home in France. The analysis points to the articulation between the mundane work of material and market design and the profound, pervasive, and political issue of ‘agencing’ consumption. Three figures of the consumer appeared along with the evolving design of the smart home and meter: a behavioural energy saver; a market offer chooser, and an attached consumer. The ‘unbundling’ doctrine, which states that competition must be sorted out from monopoly in order for the electricity market to function, was often invoked to justify changes in the smart meter and smart home designs. The role of the doctrine was, however, ambiguous. As a rather abstract perspective on the working of markets, unbundling seems to be exceeded by concrete and mundane marketing attempts at re-bundling choice. And yet consumer figures doctrinally compatible with classical/neoliberal economics, which considers the consumer to be an autonomous self, leave open the ground for an attached consumer to emerge, suggesting that the consumer is in fact always ‘attached’ rather than detached.

Journal ArticleDOI
TL;DR: Only much later did certain countries concerned officially acknowledge the human rights violations committed, issue apologies and develop reparation schemes for the victims’ benefit.
Abstract: In the late 19th century, eugenics, a pseudo-scientific doctrine based on an erroneous interpretation of the laws of heredity, swept across the industrialised world. Academics and other influential...

Dissertation
17 Jul 2018
TL;DR: In this paper, the authors examine concepts of disease existing in the Anglo-Saxon period and focus on the conceptual intricacies pertaining to pestilence or, in modern terms, epidemic disease, and conclude that these concepts must be viewed as part of a complex web of knowledge and beliefs in order to understand how they can be framed by various discourses with more or less diverging objectives.
Abstract: This thesis examines concepts of disease existing in the Anglo-Saxon period. The focus is in particular on the conceptual intricacies pertaining to pestilence or, in modern terms, epidemic disease. The aim is to (1) establish the different aspects of the cognitive conceptualisation and their representation in the language and (2) to illustrate how they are placed in relation to other concepts within a broader understanding of the world. The scope of this study encompasses the entire corpus of Old English literature, select Latin material produced in Anglo-Saxon England, as well as prominent sources including works by Isidore of Seville, Gregory of Tours, and Pope Gregory the Great. An introductory survey of past scholarship identifies main tenets of research and addresses shortcomings in our understanding of historic depictions of epidemic disease, that is, a lack of appreciation for the dynamics of the human mind. The main body of research will discuss the topic on a lexico-semantic, contextual and wider cultural level. An electronic evaluation of the Dictionary of Old English Corpus establishes the most salient semantic fields surrounding instances of cwealm and wol (‘pestilence’), such as harmful entities, battle and warfare, sin, punishment, and atmospheric phenomena. Occurrences of pestilential disease are distributed across a variety of text types including (medical) charms, hagiographic and historiographic literature, homilies, and scientific, encyclopaedic treatises. The different contexts highlight several distinguishable aspects of disease, (‘reason’, ‘cause’, ‘symptoms’, ‘purpose’, and ‘treatment’) and strategically put them in relation with other concepts. Connections within this conceptual network can be based on co-occurrence, causality, and analogy and are set within a wider cultural frame informed largely though not exclusively by Christian doctrine. The thesis concludes that Anglo-Saxon ideas of disease must be viewed as part of a complex web of knowledge and beliefs in order to understand how they can be framed by various discourses with more or less diverging objectives. The overall picture emerging from this study, while certainly not being free from contradiction, is not one of superstition and ignorance but is grounded in observation and integrated into many-layered systems of cultural knowledge.

24 May 2018
TL;DR: Yi et al. as discussed by the authors investigated the role of the political realm in military decision-making in counterinsurgency and found that the military needs to structure military objectives to support core political objectives, such as a tactical action arm that is equivalent or comparable to the military's own response.
Abstract: Counterinsurgency Force Ratios: An Investigation into Military Logic, by MAJ David W Yi, US ARMY, 45 pages. The study of force ratios, particularly those intended for application in the counterinsurgency environment, reveals an element of the greater issue of military thinking. After the failures of Vietnam, the US military machine reimagined their brand to exclude the intrusions of politics within military decision-making. These particular ideas manifested themselves in the Weinberger-Powell Doctrine and Samuel Huntington’s theory of objective control of the military. Both of these popular modes of thinking provided similar intuitive outlets for military professionals to continue separating the political realm from military action. Within the context of this time period John T. Quinlivan produced research suggesting that success in a counterinsurgency environment rested in an optimum force ratio applied to the problem. He produced the basis for US military planning models with the twenty troops to 1000 inhabitants ratio for counterinsurgencies. More recently, John McGrath expounded upon Quinlivan’s work but largely reached a similar conclusion concerning the value of the force ratio. Quinlivan and McGrath missed a critical element when attempting to discover a historical continuity for success in a counterinsurgency environment. Using the method of popular military logic, they both left out the political realm and isolated the detection of a solution to solely military aspects of historical examples. In doing so, they both committed the miscalculation of using history as a dogmatic lessons learned model instead of employing history as an analytical tool for evaluating action. The application of both Quinlivan and McGrath’s theories on specific historical anomalies like the French Algerian War and the Kenyan Emergency exposed gaps in the theories themselves. Additionally, the analysis displayed that a historical continuity did in fact exist; however, it occurred in the realm of political actions and decisions. The revelation of qualitative analysis, which involved incorporating the political realm into military decisions in a counterinsurgency environment, produced several recommendations for future planners and operational artists. First, due to the political nature of a counterinsurgency, the military needs to structure military objectives to support core political objectives. Next, empathy toward the population is not equivalent to gaining popular support. The historical pattern suggests that leveraging the critical political aspects of war, such as the control and distribution of arable land in the case of the Mau Mau Rebellion, may be a more critical factor than treating the population with dignity and respect. Finally, in order to react properly to rapid changes in the environment, agents with political authority need to be at all levels of the fight. This may include a tactical action arm that is equivalent or comparable to the military’s own response.

Journal ArticleDOI
TL;DR: In this paper, the authors examine the modern utility of five historical doctrines: the "King's two bodies", the "corporation sole" doctrine, the doctrine that the King can do no wrong, the "emanation of the Crown", and the "one and indivisible" doctrine.
Abstract: A troubling veil of mystery still shrouds the central institution of the British Constitution – the Crown. In this paper, I examine the modern utility of five historical doctrines: the doctrine of the “King's two bodies”; the doctrine that the Crown is a “corporation sole”; the doctrine that the King can “do no wrong”; the doctrine that (high) public offices are “emanations” of the Crown; and the doctrine that the Crown is “one and indivisible”. Using some insights from social ontology, the history of office in the Western legal tradition, and the sociology of role and status, I argue that the first four of these doctrines can be refashioned into a conception of the Crown as an office. An office is an enduring institutional entity to which individuals bear a relationship from time to time, but which is separate from any individual incumbent and is to be considered in legal analysis as a separate acting subject. Using the logic of office, official personality and official action, I distinguish between the Queen, the Crown, Her Majesty's Government and the Commonwealth and argue that together they provide a serviceable model of the modern British Constitution. The final doctrine, however, must be abandoned – the Crown is plural and divisible and this must be taken into account when using the Crown to reason about the UK's relationship to other constitutional orders.

Journal ArticleDOI
TL;DR: It is argued that nineteenth century germ theory involves two types of specificity at the level of etiology, one of which receives significant attention in the literature, but its influence on modern medicine has been misunderstood.
Abstract: Modern medicine is often said to have originated with nineteenth century germ theory, which attributed diseases to bacterial contagions. The success of this theory is often associated with an underlying principle referred to as the “doctrine of specific etiology”. This doctrine refers to specificity at the level of disease causation or etiology. While the importance of this doctrine is frequently emphasized in the philosophical, historical, and medical literature, these sources lack a clear account of the types of specificity that it involves and why exactly they matter. This paper argues that nineteenth century germ theory involves two types of specificity at the level of etiology. One type receives significant attention in the literature, but its influence on modern medicine has been misunderstood. A second type is present in this model, but it has been completely overlooked in the extant literature. My analysis clarifies how these types of specificity led to a novel conception of etiology that continues to figure in medicine today.


Book
01 Aug 2018
TL;DR: This thesis examines the nature of the professionalism of the Army's officer corps from its establishment in 1789 with the ratification of the U.S. Constitution, until 1796, as Washington's presidency and the Northwest Indian War ended.
Abstract: : In September 2012, the Department of the Army published new capstone doctrine, Army Doctrine Publication 1 (ADP 1), The Army, in which the concept of military professionalism occupies an especially prominent place. Military history can and should provide context for this renewed focus on professionalism. This study's central argument is that during President George Washington's administration, the Army officer corps developed a limited but very real and particularly American style of military professionalism. Contrary to the belief of most historians who disregard the notion of professionalism developing before the War of 1812, the early officer corps quickly developed significant professional characteristics. Such professionalism developed alongside the amateurism that was also evident during the officer corps' first decades. Central to this argument is an acceptance of the broad definition of professionalism laid out in The Army. This broad definition allows a focus on the core of the meaning of military professionalism, disallowing a hasty rejection of any professionalism within the early officer corps simply because, for instance, officers did not matriculate at a military academy. Instead, this definition encourages examining professionalism in light of the fundamental and enduring characteristics of trust, military expertise, honorable service, esprit de corps, and stewardship. Understanding the strengths, weaknesses, challenges, and limitations of the early officer corps' approach to professionalism in light of these five key characteristics provides important background and a useful conceptual framework to more fully understand the American military tradition and today's doctrine concerning military professionalism. This thesis examines the nature of the professionalism of the Army's officer corps from its establishment in 1789 with the ratification of the U.S. Constitution, until 1796, as Washington's presidency and the Northwest Indian War ended.

Journal ArticleDOI
TL;DR: The authors argue that Donald Trump's penchant for bullshit is part of a concerted strategy to sideline critics while simultaneously undermining the ongoing investigations into the Trump campaign's alleged collusion with the Russian government.
Abstract: Guided by the concept of bullshit, broadly defined as a deceptive form of rhetoric intended to distract and/or persuade, we examine how fabrications and false statements— when crafted and distributed by the president of the United States—impact not only foreign policy making and implementation but also erode democratic norms. Unconstrained by reality, and seemingly driven more by celebrity and showmanship than a genuine desire to govern, we argue that President Trump’s penchant for bullshit is part of a concerted strategy to sideline critics while simultaneously undermining the ongoing investigations into the Trump campaign’s alleged collusion with the Russian government.

Dissertation
01 Jul 2018
TL;DR: In this paper, the authors argue that any dualistic view of human constitution - specifically, understanding the soul as a distinct immaterial (and after death, separable) entity from the body - is theologically and philosophically problematic.
Abstract: Having given a fresh historical overview of Pentecostal thought concerning the doctrine of human constitution, and so ascertained the trajectory Pentecostal theology is on concerning this doctrine, this thesis identifies Amos Yong and then Veli-Matti Karkkainen as significant voices towards the end and present of the trajectory, with the potential to influence its future direction. The thesis highlights both scholars’ assumption that any dualistic view of human constitution - specifically, understanding the soul as a distinct immaterial (and after death, separable) entity from the body - is theologically and philosophically problematic, and charts their alternative proposal(s) of an emergent monist view of human constitution. Responding to them, the thesis counters their theological and philosophical challenges, and further contends that their emergent monist proposals suffer much greater problems. It then argues for and constructs an enhanced Pentecostal view of human constitution - one more consistent with Pentecostal theological emphases, and also stronger philosophically than Yong’s and Karkkainen’s - proposing a new ‘Enspiritable Dualist’ view, by renewing the soul. Through giving it suitable prominence in Pentecostalism’s theology of constitution, and by establishing the centrality of the S/spirit in the new model, the soul is renewed, in turn, redirecting the trajectory’s future.

Journal ArticleDOI
TL;DR: It is argued that the justification of therapeutic misconception should be reconsidered based on less paternalistic and more participatory models of research, and conceptual and practical approaches that might better reflect contemporary research practice are identified.
Abstract: Dissecting Bioethics, edited by Tuija Takala and Matti Hayry, welcomes contributions on the conceptual and theoretical dimensions of bioethics. The department is dedicated to the idea that words defined by bioethicists and others should not be allowed to imprison people’s actual concerns, emotions, and thoughts. Papers that expose the many meanings of a concept, describe the different readings of a moral doctrine, or provide an alternative angle to seemingly self-evident issues are particularly appreciated. To submit a paper or to discuss a suitable topic, contact Tuija Takala at tuija.takala@helsinki.fi.