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 the U.S. counterinsurgency in Iraq, a "kinetic" strategy and a muscular doctrine of force protection have lowered the threshold for the use of violence and transferred risk from soldiers to civilians as discussed by the authors.
Abstract: The level of non-combatant casualties in modern Western warfare is determined in large part by the way in which policymakers apportion risk between soldiers and civilians. In the U.S. counterinsurgency in Iraq, a “kinetic” strategy and a muscular doctrine of force protection have lowered the threshold for the use of violence and, in many cases, transferred risk from soldiers to civilians. Particularly in areas deemed hostile, aggressive tactics make up for a shortage of soldiers on the ground and direct violence toward non-combatants. This is not the fog of war: even unintended civilian casualties flow predictably from policy choices. Perceptions of risk increasingly govern U.S. interpretations of its humanitarian obligations under international law, threatening to dilute the doctrine of proportionality and reverse the customary and legal relationship between combatants and non-combatants. Only late in the war has the U.S. administration recalibrated risks and launched a more orthodox counterinsurgency strategy.
37 citations
TL;DR: This paper made three distinctions between Confucianism as a doctrine and Confucia as a belief system, and made further debate on the compatibility of Confucians with Western democracy.
Abstract: To facilitate further debate on the compatibility of Confucianism with Western democracy, this study makes three distinctions. The first distinction is between Confucianism as a doctrine and Confuc...
37 citations
Posted Content•
TL;DR: In this article, the authors argue that the existence (vel non) of licensing markets plays a key role in determining the breadth of rights, and that these seemingly sensible licensing decisions eventually feed back into doctrine, as the licensing itself becomes proof that the entitlement covers the use.
Abstract: Intellectual property's road to hell is paved with good intentions. Because liability is difficult to predict and the consequences of infringement are dire, risk-averse intellectual property users often seek a license when none is needed. Yet because the existence (vel non) of licensing markets plays a key role in determining the breadth of rights, these seemingly sensible licensing decisions eventually feed back into doctrine, as the licensing itself becomes proof that the entitlement covers the use. Over time, then, public privilege recedes and rights expand, moving intellectual property's ubiquitous gray areas into what used to be virgin territory -- where risk aversion again creates licensing markets, which causes further accretion of entitlements, which in turn pushes the gray areas even farther afield, and so on. This "doctrinal feedback" is not a result of changes in the positive law but is instead rooted in longstanding, widely accepted doctrine and prudent behavior on the part of everyone involved. And because feedback is so ingrained in established law and practice, its various cures tend to create more problems than they solve. In the end, however, subtle changes in doctrine's use of licensing information provide a normatively neutral solution.
37 citations
Book•
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01 Jan 1993
TL;DR: In the Bible, the sublime opening of the Scriptures announces the fact of God and His existence: "In the beginning God" (Gen. 1:1) as discussed by the authors, and the rise or dawn of the idea of God in the mind of man depicted.
Abstract: The sublime opening of the Scriptures announces the fact of God and His existence: "In the beginning God" (Gen. 1:1). Nor is the rise or dawn of the idea of God in the mind of man depicted. Psa. 14:1: "The fool hath said in his heart. There is no God," indicates not a disbelief in the existence, but rather in the active interest of God in the affairs of men—He seemed to hide Himself from the affairs of men (See Job 22:12-14).
37 citations
01 Jan 2006
TL;DR: The Responsibility to Protect (R2P) as mentioned in this paper is an initiative of the International Commission on Intervention and State Sovereignty (ICISS) that aims to defend state sovereignty in the context of human rights violations.
Abstract: Between 1990 and 1994, the United Nations Security Council passed twice as many resolutions as had been passed in the entire history of the United Nations ("U.N."),' as the notion of what constituted a "threat to international peace and security" under Chapter VII of the U.N. Charter was expanded to include humanitarian concerns. 2 The decade following the end of the Cold War saw Security Council resolutions authorizing Chapter VII interventions in Somalia, 3 Liberia,4 Rwanda, 5 Haiti,6 Sierra Leone, 7 and Kosovo. 8 This led many to posit the emergence of a challenge to the assumed inviolability of state sovereignty.9 However, the interventions of the 1990s were inconsistent, lacking any coherent theory with which to justify the infringement of sovereignty in each case. 10 In his Millennium Report, Secretary-General Kofi Annan issued a challenge: "[I1f humanitarian intervention is, indeed, an unacceptable assault on sovereignty, how should we respond to a Rwanda, to a Srebrenica-to gross and systematic violations of human rights that offend every precept of our common humanity?"'"I In December 2001, the International Commission on Intervention and State Sovereignty ("ICISS") published its response in a report entitled The Responsibility to Protect ("R2P"). 12 The core tenant of the R2P is that sovereignty
37 citations