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Doctrine
About: Doctrine is a research topic. Over the lifetime, 21901 publications have been published within this topic receiving 204282 citations.
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14 Feb 1994
TL;DR: The "mixed jury" doctrine as discussed by the authors allowed resident foreigners to have law suits against English natives tried before juries composed half of natives and half of aliens like themselves, and it allowed them to be treated as arbitrators.
Abstract: The "mixed jury" doctrine allowed resident foreigners to have law suits against English natives tried before juries composed half of natives and half of aliens like themselves. As she traces the transformations in this doctrine from the Middle Ages to its abolition in 1870, Constable also reveals the emergence of a world where law rooted in actual practices and customs of communities is replaced by law determined by officials, where juries no longer strive to speak the truth but to ascertain the facts.
38 citations
38 citations
TL;DR: Islam emerged in the seventh century in Arabia and in less than a hundred years established the early Islamic state, an empire stretching from Spain across North Africa, and from the Middle East to the borders of China as discussed by the authors.
Abstract: There is a great deal of confusion in the West regarding the meaning of Jihad and the role it is playing in shaping the Muslim world. Indeed, it has acquired a pejorative connotation in the minds of many Westerners. The purpose of this discussion is to present an accurate understanding of the concept of Jihad.Islam emerged in the seventh century in Arabia. It grew rapidly and in less than a hundred years established the early Islamic state—an empire stretching from Spain across North Africa, and from the Middle East to the borders of China. It was a state greater in size than the Roman Empire at its zenith.The historical importance assigned to Islam has been controversially assessed. Some have denied that it is a significant world force, others have “grudgingly” recognized its importance while others have seen it as a pivotal event in world history. We take this latter view: Islam should be recognized as a major force of revolutionary change in the world order. Harold Berman, a contemporary commentator on law and revolution in the west, gives a list of six revolutions which changed the Western world. He provides a helpful list of patterns which emerged from those revolutions which he identifies as fundamental change, rapid change, violent change, lasting change, and change in the whole social system. Each revolution sought a legitimacy in fundamental law, a remote past, and an apocalyptic future. Each took more than one generation to establish its roots. Each eventually produced a new system of law which embodied some of the major purposes of the revolution and which changed the Western legal tradition, without destroying it. The appearance of Islam in the seventh century meets these criteria. Using Berman's framwork Islam can be viewed as truly revolutionary.
38 citations
TL;DR: The authors assesses the evidence for that claim and finds that while Modi has brought new energy to the conduct of foreign policy, his approach is essentially pragmatic and his objectives are similar to those pursued by his two immediate predecessors, Atal Bihari Vajpayee and Manmohan Singh.
Abstract: Narendra Modi's election as India's prime minister in May 2014 has generated speculation that a new ‘Modi doctrine’ is emerging in Indian foreign policy. This article assesses the evidence for that claim. It argues that a ‘doctrine’ should embody a set of clearly stated principles for foreign policy making. It analyses the main achievements of Modi's policy in the months after his election. It finds that while Modi has brought new energy to the conduct of foreign policy, his approach is essentially pragmatic, and his objectives are similar to those pursued by his two immediate predecessors—Atal Bihari Vajpayee and Manmohan Singh.
38 citations