Topic
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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TL;DR: In this paper, a study of two seven/thirteenth century model legal manuals, one from Syria, the other from al-Andalus, show that the discourse about the modalities of written communication prescribed for judges reflects an intimate relationship between doctrine and the realia of legal practise.
Abstract: A study of two seventh/thirteenth century model legal manuals, one from Syria, the other from al-Andalus, show that the discourse about the modalities of written communication prescribed for judges (kitāb al-qāḍī ilā al-qāḍī) reflects an intimate relationship between doctrine and the realia of legal practise. One aspect of this relationship is the change that discursive doctrine had to undergo under the pressure of juridical practises of everyday life.
38 citations
TL;DR: The emerging doctrinal consensus on grey area operations doctrine will have a lasting impact on doctrinal thinking as it is theoretically sound and has been validated in practice and embraced by the UN and non-NATO states as discussed by the authors.
Abstract: The emerging doctrinal consensus on grey area operations doctrine will have a lasting impact on doctrinal thinking as it is theoretically sound and has been validated in practice and embraced by the UN and non‐NATO states. It will also enhance operational effectiveness on Western‐led operations, but the operational improvements will be relatively limited in scope unless the Western powers: (1) accept public security tasks as a military responsibility in the early stages of grey area operations and adjust training and the composition of grey area contingents accordingly; (2) devise ways to accomplish grey area missions with fewer personnel, thus overcoming the current ‘overkill’ tendency in force planning which helps to undermine political will in the West; and (3) do more to enable non‐Western states to meet the doctrinal requirements for success. This is all easier said than done, but essential in order to realize the full potential has for operational improvements.
38 citations
TL;DR: The White Australia policy was both an immigration policy and a nationalist doctrine which reflected Australia's desire to maintain itself as a white, British nation and its abolition in 1973 created the conditions for the multicultural society Australia has become as discussed by the authors.
Abstract: The White Australia policy was both an immigration policy and a nationalist doctrine which reflected Australia's desire to maintain itself as a white, British nation. Its abolition in 1973 created the conditions for the multicultural society Australia has become. Nevertheless, sporadic immigration controversies during the past two decades suggest the residual influence of this doctrine. Some commentators even claim that contemporary conflicts are the legacy of a reform process implemented by political leaders without the knowledge and consent of the Australian people. This article examines the factors and processes which compelled the dismantling of White Australia. It shows that assertions of an elite conspiracy to abolish it are exaggerated, failing to take into account the incrementalist nature of the public policy process in Australia and general public acceptance of policy reform.
38 citations
TL;DR: In this article, it was shown that under extraordinary circumstances necessity may justify a humanitarian intervention or other uses of force, despite the prohibition of the use of force in the International Law Commission's draft articles on Responsibility of States for internationally wrongful acts.
Abstract: As the twentieth century was drawing to a close, intervention for humanitarian purposes involving the use of force became a political reality and so a popular subject of study in international law. This article is yet another contribution. It draws on, and uses by way of illustration, two recent contributions featured in this journal. On the basis of a critical analysis of the draft articles on Responsibility of States for internationally wrongful acts as adopted by the International Law Commission in 2001, it is asked whether humanitarian intervention may be justified in international law as an act of necessity despite the prohibition of the use of force. The century-old doctrine of necessity has always provoked unease among international lawyers. A contemporary way to cloak this unease has been the idea expressed in the International Law Commission's draft articles that necessity cannot preclude the wrongfulness of an act not in conformity with an obligation arising under a peremptory rule. And so the doctrine of necessity brings one to consider the use or threat of jus cogens outside the law of treaties. This is particularly apposite to the prohibition of the use of force because it is the least controversial example of a rule of jus cogens . It is concluded that under extraordinary circumstances necessity may justify a humanitarian intervention or other uses of force.
38 citations
TL;DR: It is generally acknowledged that Hobbes's radical scepticism is intimately connected with his nominalism, and that nominalism in turn rests upon the doctrine of meaning and truth set out in its best-known version in Chapters 4 and 5 of Leviathan as mentioned in this paper.
Abstract: It is generally acknowledged that Hobbes's radical scepticism is intimately connected with his nominalism, and that his nominalism in turn rests upon the doctrine of meaning and truth set out in its best-known version in Chapters 4 and 5 of Leviathan.
38 citations