Doctrine

About: Doctrine is a research topic. Over the lifetime, 21901 publications have been published within this topic receiving 204282 citations.

The Contract as Social Artifact

Abstract: This article outlines a distinctive, albeit not entirely unprecedented, research agenda for the sociolegal study of contracts. In the past, law and society scholars have tended to examine contracts either through the intellectual history of contract doctrine ‘‘on the books’’ or through the empirical study of how real-world exchange relations are governed ‘‘in action.’’ Although both of these traditions have contributed greatly to our understanding of contract law, neither has devoted much attention to the most distinctive concrete product of contractual transactionsFcontract documents themselves. Without denying the value of studying either contract doctrine or relational governance, this article argues that contract documents are independently interesting social artifacts and that they should be studied as such. As social artifacts, contracts possess both technical and symbolic properties, and the sociolegal study of contract-as-artifact can profitably apply prevailing social scientific theories of technology and symbolism to understand both: (1) the microdynamics of why and how transacting parties craft individual contract devices, and (2) the macrodynamics of why and how larger social systems generate and sustain distinctive contract regimes. Seen in this light, the microdynamics of contract implicate ‘‘technical’’ theories of transaction cost engineering and private lawmaking, and ‘‘symbolic’’ theories of ceremony and gesture. In a parallel fashion, the macrodynamics of contract implicate ‘‘technical’’ theories of innovation diffusion, path dependence, and technology cycles, and ‘‘symbolic’’ theories of ideology, legitimacy, and communication. Together, these micro and macro explorations suggest that contract artifacts may best be understood as scripts and signalsFcollections of symbols designed to field technically efficacious practical action when interpreted by culture-bearing social actors within the context of preexisting vocabularies and conventions.

Behind the Trail of Broken Treaties: An Indian Declaration of Independence

Abstract: * Preface *1. Preamble to the Present *2. The Emergence of Indian Activism *3. The Occupation of the Bureau of Indian Affairs *4. The Confrontation at Wounded Knee *5. The Doctrine of Discovery *6. Dependent Domestic Nations *7. The Plenary Power Doctrine *8. The Size and Status of Nations *9. The Indian Reorganization Act *10. Litigating Indian Claims *11. The International Arena *12. Reinstituting the Treaty Process * Afterword * Index

Deciding What Has to Be Done: General William E. DePuy and the 1976 Edition of FM 100-5, Operations (Leavenworth Paper, Number 16)

Abstract: : The single most important origin of today's AirLand Battle doctrine was the establishment of the U.S. Army Training and Doctrine Command (TRADOC) in 1973 and the writing of a wholly new Field Manual (FM) 100-5, "Operations," under the supervision of the first TRADOC commander, General William E. DePuy. Between 1973 and the manual's publication in 1976, DePuy gave the Army a mighty shove that rolled it out of its preoccupation with the Vietnam War and on the road to the 21st century. The 1976 edition of FM 100-5 was unlike any of its several predecessors. First, it represented a new role for military doctrine as a key integrating medium for an increasingly complex military bureaucracy. The manual attempted to present an over-arching concept of warfare that would rationalize everything the Army did, from training recruits to designing tanks, in terms of how the Army intended to fight. Central to this attempt was the hope that the manual would provide the convincing arguments the Army needed to preserve its investment in new weapons systems. Second, FM 100-5 heralded dramatic changes within the Army. Its authors intended that it play a major role in expunging the bitter Vietnam War experience; shift the Army's attention away from the problems inherent in establishing a volunteer army and onto the battlefield; address the twin issues of a renewed threat to NATO Europe and the increased lethality brought on by the spread of advanced weapons systems; and change the Army's focus from dismounted infantry operations to armored operations. Third, FM 100-5 was an attempt to demystify doctrine. It discarded the abstractions of earlier manuals in favor of specifics on "how to fight." Fourth, the manual was the personal project of General DePuy and his subordinate generals. But despite its importance and high-level authorship, FM 100-5 caused a controversy within the Army that quickly led to the manual's displacement, an event DePuy neither anticipated nor intended.

Anthropology and global counterinsurgency

Abstract: Global events of the early twenty-first century have placed new stress on the relationship among anthropology, governance, and war. Facing prolonged insurgency, segments of the U.S. military have taken a new interest in anthropology, prompting intense ethical and scholarly debate. Inspired by these issues, the essays in "Anthropology and Global Counterinsurgency" consider how anthropologists can, should, and do respond to military overtures, and they articulate anthropological perspectives on global war and power relations. This book investigates the shifting boundaries between military and civil state violence; perceptions and effects of American power around the globe; the history of counterinsurgency doctrine and practice; and, debate over culture, knowledge, and conscience in counterinsurgency. These wide-ranging essays shed new light on the fraught world of Pax Americana and on the ethical and political dilemmas faced by anthropologists and military personnel alike when attempting to understand and intervene in our world.

The Doctrine of God

Abstract: Born on December 13, 1854, in Hoogeveen, Drenthe, Holland, Herman Bavinck was the son of the Reverend Jan Bavinck, a leading figure in the secession from the State Church of the Netherlands in 1834. After theological study in Kampen, and at the University of Leiden, he graduated in 1880, and served as the minister of the congregation at Franeker, Friesland, for a year. According to his biographers, large crowds gathered to hear his outstanding exposition of the Scriptures.