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Journal articles on the topic 'Doctrines'
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1
NECULCEA, Cosmina-Andreea, and Florian RĂPAN. "INFORMATION OPERATIONS ̶ COMPARATIVE DOCTRINAL ANALYSIS." Strategic Impact 84, no. 3-4 (March 16, 2023): 68–79. http://dx.doi.org/10.53477/1842-9904-22-17.
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The aim of this article is to identify differences in doctrinal projection at the level of the North Atlantic Alliance. The article has been designed as a comparative study of the doctrinal projections specific to information operations (InfoOps), mainly with regard to the doctrines and operations manuals of the United States of America, as the originator of most of these documents, NATO doctrines and domestic doctrines. On an initial examination of the three doctrinal projections, it can be observed that there are differences in the InfoOps approach, both in terms of surface elements, recognized by identifiable markers, and differences in perspective, which allow and encourage interpretation. There is therefore a need to clarify the nature of InfoOps and its correct understanding from a conceptual and practical point of view, and to achieve coherence between the doctrines for information operations of NATO member states and the allied doctrine.
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Kitur, Joseph. "Distinguishing biblical Christian doctrines from fabricated interpretations: a comparative analysis of biblical understanding." Journal of Philosophy and Religion (JPR) 2, no. 1 (September 22, 2023): 151–64. http://dx.doi.org/10.51317/jpr.v2i1.406.
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The aim of this study was to distinguish biblical Christian doctrines from fabricated interpretations. A doctrine may be considered cultic if an institution, group or individual develops a theological or doctrinal interpretation that touches minimally on the proper biblical emphasis and lives for the most part outside of that circle. This study is offered, not as an analysis of Christian cultic doctrines but as a pointer to how some Christian movements, groups or individuals develop cultic doctrines or heresies. The spiritual danger arising from the teachings of false prophets calls for believers to strive for the right doctrines so that one can differentiate between truth and falsehood. The study concludes that Some Christians unknowingly embrace Christian cult doctrines because the spiritual leaders who have been entrusted with the responsibility of teaching and preaching sound doctrines have failed to carefully and seriously provide supportive fellowship, true exposition of the word, and raise awareness on cults and cultic teachings.
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Zafra, Rafael. "Emblemas doctrinales." IMAGO. Revista de Emblemática y Cultura Visual, no. 11 (January 28, 2020): 85. http://dx.doi.org/10.7203/imago.11.16017.
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ABSTRACT: This study proposes to determine the emblematic character of a type of catechetical-doctrinal composition, influenced by Alciato’s Emblems, that emerged at the height of the dispute between Catholics and Protestants and their attempt to refute and extend their contradictions and respective doctrines. Starting from the notion that the emblem is a «transfigured common place», I analyze the massive use of these commonplaces in theological and doctrinal treatises, and conclude that both the compositions that formed the catechisms and emblematized sums, as well as many of the paintings and other artistic compositions that derive from them, can be considered emblems in their purity, though not in a figurative sense, and constitute a category that can be called doctrinal emblems.
KEYWORDS:
Emblem Theory; Doctrine; Catechesis; Reform; Commonplaces.
RESUMEN: Este trabajo trata de determinar el carácter emblemático de un tipo de composiciones catequetico-doctrinales surgidas, por influencia de los Emblemas de Alciato, en el momento cumbre de la disputa entre católicos y protestantes y su intento de refutar y extender sus contrarías y respectivas doctrinas. Partiendo de un concepto de emblema como «lugar común transfigurado» y tras analizar el empleo masivo de estos lugares en la tratados teológicos y doctrinales, se acaba concluyendo que tanto las composiciones que conformaron los catecismos y sumas emblematizadas como muchos de los cuadros y otras composiciones artísticas que de ellos se derivan, pueden ser considerados emblemas en puridad y no en sentido traslaticio, y constituyen una categoría a la que se puede denominar emblemas doctrinales.
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Hanif, Saba. "India’s Quest for a Limited War-fighting Doctrine; Analyzing the Sundarji, Cold Start, Joint Doctrine Indian Armed Force and Land Warfare Doctrine." BTTN Journal 1, no. 2 (December 30, 2022): 20–44. http://dx.doi.org/10.61732/bj.v1i2.7.
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The strategic stability of South Asia predominantly depends on India and Pakistan. However, the Indian quest to indulge Pakistan in a limited war remains a constant threat to the strategic stability of South Asia. The dynamics of strategic stability have remained complex due to the hostile relations between India and Pakistan. India has remained in the process of doctrinal transformation since the 1980s. The Sundarji doctrine, Cold Start, Joint Doctrine (Indian Armed Forces), and Land Warfare doctrine all aim at launching an offensive against Pakistan. To supplement India’s ambitious aims in the region, India has frequently introduced innovative war-fighting doctrines. The Indian military's aggressive approach towards the region reflects India’s adherence to the principles of offensive realism. The theory of offensive realism promulgates the maximization of power by the dominant states. Therefore, it appropriately defines India’s limited warfighting aims in the region. The study provides a comprehensive understanding of prominent Indian war-fighting doctrines and their shortcomings. Consequently, it provides an in-depth knowledge of limited Indian war-fighting doctrines.
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Sotnikov, Vladimir I. "COMPARATIVE ANALYSIS OF INDIA’ S AND PAKISTAN’S NUCLEAR DOCTRINES." Eastern Analytics, no. 1 (2020): 98–109. http://dx.doi.org/10.31696/2227-5568-2020-01-098-109.
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This article offers a discussion and analysis of nuclear doctrine of India and Pakistan and their significance for war, peace and stability in South Asia. The analysis nuclear doctrines of India and Pakistan is also given to show the challenges these states have faced in articulating and implementing a proper nuclear doctrine, and the implications of this for nuclear stability in the region We argue that both the Indian and Pakistani doctrines and postures are problematic from a regional security perspective because they are either ambiguous about how to address crucial deterrence related issues, and/or demonstrate a severe mismatch between the security problems and goals they are designed to deal with, and also the role of nuclear weapons in military and political strategy. Consequently, as both Indian and Pakistani nuclear doctrines and postures evolve, the risks of a spiraling nuclear arms race in the subcontinent are likely to increase without a reassessment of doctrinal issues in New Delhi and Islamabad. A case is made for more clarity and less ambition from both sides in reconsidering of their respective nuclear doctrines. However we believe the barriers in each of these countries can be overcome and there is likelihood of such changes being made in their respective nuclear doctrines at the ease with which they can be made greater in India than in Pakistan.
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Žižka, Pavel, and Richard Saibert. "Development of the Czech Armed Forces Doctrinal Framework." Vojenské rozhledy 33, no. 1 (March 31, 2024): 3–20. http://dx.doi.org/10.3849/2336-2995.33.2024.01.003-020.
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The article deals with the system of joint doctrine development in the Czech Armed Forces (CAF) focused on the operational level of command and control, including the implementation of the NATO doctrines into national conditions. Among others, it was found that the structure and content of the Czech doctrines are not systematically set. Allied doctrines are introduced either by rewriting them into the Czech version or by introducing them in the full English version. In both cases, it might cause inconsistency in military terminology. The Coordinating Committee as the only supervisory body does not have the authority to streamline the process of producing military publications. The most important paper recommendations include alignment of the Czech doctrinal framework with the NATO architecture, adoption of Allied doctrines in the English version including the national specifics, or redistribution of competencies within the processing group. Notwithstanding, the above-mentioned proposals, which indicated high impact, require crucial steps to be taken to implement them.
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Mohd. Shukri, Muhammad Hafiz, Rahmah Ismail, and Ruzian Markom. "The Application of Caveat Emptor and Caveat Venditor Doctrines from Civil and Islamic Perspectives." Jurnal Undang-undang dan Masyarakat 28, no. 2021 (April 2, 2021): 92–103. http://dx.doi.org/10.17576/juum-2021-28-09.
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Since a long time ago, consumers have never been completely safe from exposure to the risk of purchasing defective products, which may cause an adverse effect on them. The introduction of the doctrines of caveat emptor and caveat venditor became a part of the common law to resolve disputes between manufacturers, sellers, and consumers. This study therefore aims to analyze the application of the caveat emptor and caveat venditor doctrines according to civil and Islamic perspectives to see how far the application of both doctrines can provide justice to consumers. Utilizing doctrinal approach based on the methodology of qualitative legal research, this study involves in-depth analysis of statutory provisions, court cases, Quranic texts, hadiths, and the opinions of Muslim scholars. The research findings were analyzed through content analysis and critical analysis methods. This study has proven that there are legal problems with regards to the application of the caveat emptor doctrine and its resulting negative impact on consumers, thus leading to the formation of the caveat venditor doctrine. Although the term “caveat venditor” and its definition are not expressly mentioned in the Qur’an and the hadiths, the application of the doctrine is seen to have a strong foundation in Islam. The results of this study are expected to contribute significant new knowledge in the field of consumer law since a comparative analysis of the application of both doctrines according to civil and Islamic perspectives is still lacking, especially in cases involving the selling of defective products.
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Loughnan, Arlie. "Mental Incapacity Doctrines in Criminal Law." New Criminal Law Review 15, no. 1 (January 1, 2012): 1–31. http://dx.doi.org/10.1525/nclr.2012.15.1.1.
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The way in which mental incapacity in criminal law has been approached to date has not produced a thorough understanding of it. The idea that mental incapacity's chief relevance in criminal law is as a basis for exculpation dominates the scholarship—both doctrinal and philosophical—on mental incapacity. In an effort to advance scholarly understanding of this area of criminal law, this article provides a reconstruction of the legal terrain concerned with mental incapacity—organized as mental incapacity doctrines, a subset of which is exculpatory. In my reconstruction, what unites the relevant aspects of the law is that each doctrine imagines an abnormal subject of the law, and where the doctrines are exculpatory, the evaluative inquiry is not indexed to the reasonable person. This reconstruction of mental incapacity in criminal law—as mental incapacity doctrines—cuts across existing categorizations of this terrain and, as such, offers a rethinking of this area of the criminal law. This reconstruction permits a reconceptualization of the role of mental incapacity in criminal law: it becomes clear that mental incapacity is the basis for doctrines which perform a multiplicity of roles—inculpation, imputation, and a procedural role—beyond exculpation.
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Roberts, Cynthia. "German and Soviet Military Doctrinal Innovation before World War II." Journal of Cold War Studies 6, no. 4 (October 2004): 140–44. http://dx.doi.org/10.1162/1520397042350946.
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In the lead-up to World War II, both Germany and the Soviet Union pursued important changes in military doctrine that proved crucial during the armed confrontation between the two countries in 1941–1945. Using a new book by the military historian Mary Habeck as a point of departure, this essay explains how the German and Soviet armed forces by the late 1930s had developed almost identical doctrines without extensively borrowing from each other. Although the doctrinal innovations that informed the German Blitzkrieg and the Soviet conception of “deep battle” have long attracted attention, Habeck's book is the first detailed comparison of the development of armored warfare in these two countries. Although the book does not provide a comprehensive explanation of the sources of innovation in military doctrine, it sheds a great deal of light on the revolutionary changes in German and Soviet military doctrines during the interwar years.
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Myronenko, Vуacheslav. "NUCLEAR MISSILE PROGRAMS IN THE POLITICAL DOCTRINES OF THE UNITED STATES." Spatial development, no. 1 (December 23, 2022): 234–45. http://dx.doi.org/10.32347/2786-7269.2022.1.234-245.
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The article examines the characteristics of nuclear missile programs in US political doctrines. Methods of historical reconstruction and analytical interpretation were used during the research. A description of the patterns of dynamics of the doctrinal foundations of US nuclear missile policy is given.
The article highlights the components of nuclear missile programs in political doctrines, including areas of increasing funding for nuclear missile programs, the nature of external threats in which nuclear missiles can be used, technological features of nuclear missile weapons improvement in the context of nuclear energy development. The purpose of this article is to reveal the natural features in the dynamics of changes in the political approaches of the ruling political forces in such policy areas as deterring and preventing the proliferation of such weapons. The importance of the nuclear missile potential of the US military for political dominance and national security, influence on international relations and the formation of foreign policy doctrine in general is shown. The discussions of scientists are covered, in particular, the positions of scientists on the causes and factors that influenced the changes in the doctrinal foundations of US nuclear missile policy in the process of ensuring national security and international security in general. It is established that the genesis of the doctrinal bases of the US missile and nuclear weapons policy documents in the policy of national and international security is determined by three components: deterring external aggression and preventing the proliferation of nuclear weapons; dependence of doctrines on the ideologies of the political regimes of the ruling US parties; constant correlation of approaches to ensuring national and international security by means of nuclear missiles. It has been proven that American political doctrine in international politics gives one of the key places to the US missile and nuclear potential.
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Matar, Raed, and Mohammed Khalaf. "The Difference between the Two Imams (Malik and Abu Hanifa) Regarding the Intention of Fast, from the Book Badaa'i Al-Sanea -A Comparative Jurisprudential Study-." Islamic Sciences Journal 12, no. 2 (March 17, 2023): 180–203. http://dx.doi.org/10.25130/jis.21.12.2.8.
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The book Badaa`a Al-Sanai` by Imam Al-Kasani is considered one of the source books in the doctrine of Imam Abu Hanifa It contains the sayings and evidences of the jurists of the doctrine as well as the sayings of some other doctrines of thought and discusses the issue with their evidence Among these doctrines is by the doctrine of Imam Malik and I chose among these issues the issue of the intention in the obligation to fast to represent it because of its importance, as it is the cornerstone of worship (but actions are by intentions). I increased the evidence, discussed it, compared it with other doctrines, and mentioned the preponderance.
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Al-Hitari, Abdussalam. "The underlying esoteric Ismaili doctrine in Abdullah Yusuf Ali’s translation of the Quran." International Journal of Linguistics and Translation Studies 3, no. 3 (August 19, 2022): 125–45. http://dx.doi.org/10.36892/ijlts.v3i3.255.
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Some researchers have identified doctrinal errors in Yusuf Ali's translation of, and commentary on, the Holy Quran. Ali's unconventional views have been attributed mainly to secondary reasons that do not fully account for his consistent departure from mainstream Islamic views on several issues such as prophethood, revelation and eschatology. It was hypothesized that Ali's Bohra affiliation informed his choices in the work under scrutiny. The interpretative qualitative approach is used. Select Ismaili/Bohra doctrines are used as a frame of reference. Representative examples of these doctrines were purposively identified in several suras (chapters) in Ali's work and examined for consistency. The extracted examples were analyzed in light of the selected Bohra doctrines. Results show that Ali's work is based on the esoteric Ismaili/Bohra doctrine and departs from mainstream Quranic exegesis he claimed to have relied on. The study further finds that Ali's work belongs to the ta'wil (interpretation) genre of Ismaili literature. At best, Ali's work needs to be thoroughly revised and expurgated of the esoteric content in future editions.
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Gbadegesin, Enoch Olujide, and Elizabeth Ayoola Adeyemi-Adejolu. "Women and the Exclusionary Practices of the Christ Apostolic Church Prayer Mountains in Selected Yoruba Cities of Southwestern Nigeria." Religions 13, no. 12 (December 12, 2022): 1205. http://dx.doi.org/10.3390/rel13121205.
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We argue that Christ Apostolic Church leaders used doctrines and rituals to exclude women from full participation in prayer mountain experience in the Yorùbá cities of southwestern Nigeria. We examine the underlying doctrinal reasons behind this practice. We analyze how ritual performance alters the status of participants on the prayer mountain. Finally, we address the question of any antecedent in the Christ Apostolic Church’s doctrine regarding the exclusion of women on the prayer mountain rituals. The field works that form the basis of this study took place between October 2011 and January 2015. We used participant-observation and oral interview methods on selected mountains in Southwestern Nigeria. We conclude that the leadership of Christ Apostolic Church must reexamine their doctrines to eliminate practices that exclude women from full and active participation in religious experience.
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Svensson, Manfred. "Fundamental Doctrines of the Faith, Fundamental Doctrines of Society: Seventeenth-Century Doctrinal Minimalism." Journal of Religion 94, no. 2 (April 2014): 161–81. http://dx.doi.org/10.1086/674953.
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Vázquez, Carlos Manuel. "The Four Doctrines of Self-Executing Treaties." American Journal of International Law 89, no. 4 (October 1995): 695–723. http://dx.doi.org/10.2307/2203933.
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A distinction has become entrenched in United States law between treaties that are “self-executing” and those that are not. The precise nature of this distinction—indeed, its very existence—is a matter of some controversy’ and much confusion. More than one lower federal court has pronounced the distinction to be the “most confounding” in the United States law of treaties. A tremendous amount of scholarship has sought to clarify this distinction, but the honest observer cannot but agree with John Jackson’s observation that “[t]he substantial volume of scholarly writing on this issue has not yet resolved the confusion” surrounding it. The continuing, and remarkably candid, judicial confusion over this issue will, I hope, excuse yet another attempt to bring some coherence to the doctrine. In this article, I argue that much of the doctrinal disarray and judicial confusion is attributable to the failure of courts and commentators to recognize that for some time four distinct “doctrines” of self-executing treaties have been masquerading as one. With a view to furthering the development of doctrine in conformity with constitutional allocations of power, I identify these four “doctrines,” as reflected in the self-execution decisions of the Supreme Court and the lower federal courts, and I examine the very different types of analysis that they call for.
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Gavray, Marc-Antoine. "Archytas lu par Simplicius. Un art de la conciliation*." International Journal of the Platonic Tradition 5, no. 1 (2011): 85–158. http://dx.doi.org/10.1163/187254711x555540.
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AbstractIntent upon harmonizing doctrines of their predecessors, some Neoplatonic commentators are faced with a problem of resolving doctrinal discrepancies so as to restore the συµφωνία in the history of philosophy. This article considers a particular example of this attempt ats harmonization: how Simplicius reconciles Aristotle’s Categories with the Neopythagorean doctrine of the Pseudo-Archytas. The chronological inversion introduced by the counterfeiter produces remarkable effects on the late Platonic doctrine about general terms, to the extent that a commentator such as Simplicius works to reduce the dissonance between Archytas’ and Aristotle’s words.This paper has three aims: to restore the general grid that Simplicius uses for reading and commenting on Archytas through Aristotle; to identify the exegetical strategies aimed at a doctrinal reconciliation; to consider a specific case, provided by the doctrine of weight, which engenders a new physical theory by Simplicius.
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Colucci, Lamont. "American Doctrine: The Foundation of Grand Strategy." World Affairs 181, no. 2 (June 2018): 133–60. http://dx.doi.org/10.1177/0043820018790793.
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There is an organic American grand strategy, expressed over three centuries in multiple presidential doctrines. Through an examination of grand strategy and doctrines, a clear pattern of success and failure can be demonstrated. Doctrines and grand strategy continue to vanish from policy and public discourse. Often the concept of American Grand Strategy has nearly vanished from any discussion of national security and foreign policy. There is an assumption that expressions such as national security, foreign policy, national security doctrines, grand strategy, vital, national, and peripheral interests are the same concept; they are not. There are many definitions of Grand Strategy; they range along the spectrum from the simple to the complex. Grand Strategy is put into practice with the adoption of national security doctrines. These doctrines should be the highest form of statecraft, but they are often ignored or misunderstood. This article examines the definition of Grand Strategy, why Grand Strategy is often ignored, how Grand Strategy relates to national security doctrines, how national security doctrines are created and implemented, what have been the common themes in American Grand Strategy and doctrines, and what the future holds for American Grand Strategy. It postulates the return to an organic American doctrine that can engage the current national security threats.
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Norton, Richard, and Nancy Welsh. "Reconciling Police Power Prerogatives, Public Trust Interests, and Private Property Rights Along Laurentian Great Lakes Shores." Michigan Journal of Environmental & Administrative Law, no. 8.2 (2019): 409. http://dx.doi.org/10.36640/mjeal.8.2.reconciling.
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The United States has a north coast along its ‘inland seas’—the Laurentian Great Lakes. The country enjoys more than 4,500 miles of Great Lakes coastal shoreline, almost as much as its ocean coastal shorelines combined, excluding Alaska. The Great Lakes states are experiencing continued shorefront development and redevelopment, and there are growing calls to better manage shorelands for enhanced resiliency in the face of global climate change. The problem is that the most pleasant, fragile, and dangerous places are in high demand among coastal property owners, such that coastal development often yields the most tenacious of conflicts between public interests and private property rights. Indeed, those conflicts implicate fundamental debates over the state’s authorities and prerogatives to regulate privately owned shoreland (the police power), the public’s interest in coastal resources (the public trust doctrine), and private property owners’ rights to use and to exclude others from their shorelands (referred to collectively here as the private property doctrine). While not tidal, standing water levels of the Great Lakes fluctuate over time substantially. As a result, the lakes have beaches much like ocean coasts, and the public trust doctrine is aptly applied to them, albeit awkwardly. All of the eight Great Lakes states have long acknowledged the applicability of the public trust doctrine to their Great Lakes bottomlands and shorelands. In doing so, they have accepted the now-conventional understanding that the doctrine originated in ancient Roman law. Even so, recent critiques of the public trust doctrine assert that it has been misinterpreted and that its historical pedigree is not so strong or aptly applied to American coasts, especially along Great Lakes coasts. These critiques do not address the historical pedigree and robustness of the police power doctrine, or, more importantly, the pedigree and robustness of contemporary notions of private property rights. If the public trust doctrine is indeed lacking upon reconsideration, how does it fare in comparison to these other doctrines? This Article lays the foundation for an extended study of the public trust doctrine as it applies to Great Lakes shores. We provide an overview of the public trust doctrines of all eight Great Lakes states, noting for illustration and, where appropriate, particulars for the State of Michigan, which enjoys more than 60% of the combined U.S. Great Lakes coastline. To explain our motivations in undertaking this study, the Article first briefly reviews the importance of the lakes to the State of Michigan and the other Great Lakes states more broadly and then frames shoreland management as one of the resource management imperatives those states face. The Article then reviews the historical origins, the contemporary contours, and the ongoing debates surrounding the police power, public trust, and private property doctrines separately. Building on that foundation, we then analyze how courts and legislatures have reconciled those doctrines through application in coastal settings broadly. First, we find that the public trust doctrines of the Great Lakes states fall well within the boundaries of the origins and application of that doctrine throughout the nation’s history, even though the Lakes are not tidal. Second, we find that the concept of a ‘moveable freehold’ inherent in the public trust doctrine—that the boundary separating state-owned submerged public trust land from privately owned upland along the shore—reflects natural dynamic shoreline processes, not arbitrary governmental rulemaking, and is well established and accepted by all Great Lakes states. Finally, and most importantly for the purposes of this Article, we find that all three doctrines—public trust, police powers, and private property rights—trace their roots to English common law and even ancient Roman law, but all are in fact distinctly American doctrines. All three doctrines were first fully articulated in the context of unique American institutions, values, and conflicts. Each has evolved over time as American institutions, values, and conflicts have similarly evolved. Thus, despite detractors’ assertions to the contrary, the public trust doctrine is no less robust or aptly applied to Great Lakes coasts than is either the police power or private property rights doctrine. In fact, despite case law and commentary rhetoric that can be dogmatically extreme, efforts to understand and reconcile these doctrines in practice generally strike a pragmatic balance between the private rights inherent in shoreland property ownership and the public interest in common access to and use of submerged lands and the foreshore. Following our analysis of these doctrines from a broad perspective, we conclude by providing a brief overview of the several public trust doctrines as adapted by all of the Great Lakes states and finally identifying a number of questions for further study.
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Timmermann, Freddy. "Las macroformas textuales de los Derechos Humanos. Chile, 1973-1980." Literatura y Lingüística, no. 24 (May 18, 2015): 121. http://dx.doi.org/10.29344/0717621x.24.100.
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ResumenEl presente artículo analiza la forma en que se proyectan discursivamente los Derechos Humanos en el Régimen Cívico-Militar, entre los años 1973 y 1980. Por medio del Análisis Crítico de Discurso y de proyecciones historiográficas, se vinculan los elementos textuales de sus documentos oficiales más significativos con los diversos contextos de poder por los que se transita en la época en estudio. Conello, se perciben sus coherencias doctrinales y simbólicas, así como el carácter de la“democracia protegida” propuesta y su directa relación con las políticas gremialistas,neoliberales y de la Doctrina de Seguridad Nacional con que se opera.Palabras clave: Derechos Humanos, Régimen Cívico-Militar, Declaración de Principios,Democracia Protegida, gremialismo, neoliberalismoThe textual macrostructures of the human rights. Chile,1973-1980AbstractThis article discusses how Human Rights can be interpreted as elements of discourse in the Civil-Military Regime, between 1973 and 1980. Through both Critica lDiscourse Analysis and history-graphical projections, the contextual elements fromthe most significant documents are linked to the diverse empowerment doctrines enforced at that time. In addition, doctrinal and symbolic coherence are perceived,as well as and the character of the ‘protected democracy’ proposed and its direct relationship to neoliberal labor policies, and the National Security Doctrine within which it operates.Keywords: Human Rights, civic-military regime, declaration of principles, protecteddemocracy, labor union, neoliberal movement
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Zhuravel, V. A. "SPECIFIC STUDIES IN THE STRUCTURE OF GENERAL CRIMINALISTIC THEORY." Theory and Practice of Forensic Science and Criminalistics 18 (December 26, 2018): 9–21. http://dx.doi.org/10.32353/khrife.2018.02.
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Conceptual approaches to formation and application of certain criminalistic doctrines (theories) as scientific constructions forming the basis of criminalisctic general theory structure and developing the level of theoretical and methodological basis of this science are considered. The author's opinion of Specific Criminalisctic Doctrine (Theory) concept is offered and proposals are made regarding systematization of specific criminalisctic studies, their place in the structure of the criminalistic general theory. It is proposed to allocate two blocks in the structure of the general theory: 1) criminalistic science based essentials including specific criminalistic doctrines (theories) of general scientific level about object, subject, methods, scope of research, system, nature, conceptual apparatus and criminalistic categories (Criminalistic language), its interscientific relations and place in the system of knowledge, development history and the present state; 2) criminalistic theories (doctrines) of a separate scientific level relating to research of patterns that are part of the research subject of criminalistics reveal its essence and specifics. It is emphasized that regularity nature exploring each of specific criminalistic doctrines (theories) determines the order of their ordering in the structure of general theory. Thus between subjects of general criminalistic theory and specific criminalistic doctrines (theories) there are relations of subordination of the whole and part. It is noted that modern system of specific criminalistic doctrines (theories) is dynamic and its improvement is conditioned by the needs of judicial and investigative practice, by the development of related knowledge branches, by the general theory and the most specific criminalistic doctrines, by the relation change and relationships between them. Criteria that should correspond to a specific criminalistic doctrine (theory) are defined. In particular, attention was drawn to the fact that each specific criminalistic doctrine (theory) should have object, subject and research method, reveal its content and nature of relations with other doctrines (theories), define the purpose, tasks, functions and place in criminalistic system, be formed on a certain scientific hypothesis, have necessary empirical basis, as well as the corresponding degree of consolidation determining the possibility of identifying certain regularities expanding and clarifying the subject of criminalistic science in general. Controversial issues regarding this problem are separated; optimizing scientific development ways in this field of knowledge are outlined.
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Bertho, J. M., F. Gabillaud-Poillion, C. Reuter, and O. Riviere. "Comparative study of nuclear post-accident management doctrines in Europe and North America." Radioprotection 57, no. 1 (January 2022): 9–16. http://dx.doi.org/10.1051/radiopro/2022002.
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The French Nuclear Safety Authority (ASN) issued in 2012 a first version of a doctrine establishing the principles of management of a post-accidental situation following a major nuclear accident. Since this publication, the feedback of the Fukushima-Daiichi accident continued and numerous evolutions occurred, both in French and European regulations and in international recommendations from IAEA and ICRP. This had led to further developments in the French doctrine for management of a post-accidental situation. This will result in the publication of a new version of the French doctrine next year. This evolution also prompted questioning about the existence of such doctrines in other countries, especially in neighboring countries. It appeared also interesting to evaluate the agreement of these doctrines, including the French one, with international recommendations, especially the recently published general safety requirements (GSR), part 11, from IAEA. A benchmark study comparing the different post-accidental management doctrines available was then conducted and is presented here.
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Byrne, Alex, and David R. Hilbert. "Two radical neuron doctrines." Behavioral and Brain Sciences 22, no. 5 (October 1999): 833. http://dx.doi.org/10.1017/s0140525x99252193.
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Two radical neuron doctrines must be distinguished, strong and weak. Gold & Stoljar direct much of their attack at the former, but the Churchlands hold only the latter. The weak radical neuron doctrine remains a serious possibility.
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Nwafor, Ndubuisi. "Doctrinal Watershed in the Interpretation of Contractual Impossibility Under the CISG, UNIDROIT Principles and English Law." Business Law Review 38, Issue 6 (December 1, 2017): 219–27. http://dx.doi.org/10.54648/bula2017033.
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The advents of uniform international commercial laws and model laws have seen serious variations in the applications and interpretations of different doctrines. The doctrine of impossibility of performance of a contract has spawned different routes via the connotations and interpretations various legal systems and regimes of laws have given to it. This article will constructively and critically analyse the doctrines of exemption, force majeure and frustration under the CISG, UNIDROIT Principles and English law respectively in order to lay the foundation for further and better appreciation of these doctrines.
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Peari, Sagi. "Improperly Collected Taxes: The Border Between Private and Public Law." Canadian Journal of Law & Jurisprudence 23, no. 1 (January 2010): 125–61. http://dx.doi.org/10.1017/s0841820900004847.
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In recent years, Professor Birks’ doctrine of constitutional right to restitution has become a new normative rule with respect to the issue of restitution of improperly collected taxes. Nevertheless, the new doctrine has puzzled academic scholars. Profound questions regarding the conceptual “private law-public law” location of Professor Birks’ doctrine and the current status of traditional law doctrines have arisen.This study challenges Professor Birks’ doctrine and demonstrates that despite its universal adoption, the doctrine was based on weak premises. Furthermore, based on Professor Weinrib’s legal philosophy, this study develops an alternative framework to analyze the issue of improperly collected taxes. The study shows that the “private-public” puzzle and the doctrines traditional to improperly collected taxes may be coherently explained within this legal philosophy.
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Santiago, Giselle Feliz, and Olavo Bilac Quaresma de Oliveira Filho. "Direct Action for Unconstitutionality by Omission (ADO): In Generality." International Journal of Advanced Engineering Research and Science 9, no. 7 (2022): 185–91. http://dx.doi.org/10.22161/ijaers.97.19.
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The article deals with unconstitutionality by omission within a generalist perspective, in the light of the most recent legal doctrines and analyses. Discussions that deal with the appropriateness of a writ of mandamus and the problematization with the lack of legal homogeneity in Brazil in these cases are observed here, especially about doctrinal conflicts. The actions and problems related to the ordinary effects in the ADO are debated within the recent doctrine, based on the understandings presented by the scholars, legislators, and the Superior Courts.
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Nowak, Kamil. "Klasyfikacja doktryn buddyjskich według Zongmiego a istota religii." Argument: Biannual Philosophical Journal 7, no. 2 (December 1, 2017): 299–310. http://dx.doi.org/10.24917/20841043.7.2.8.
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The classification of Buddhist doctrines by Zongmi and the essence of religion In the paper the system of doctrinal classification (pànjiào 判教) created by the Buddhist scholar of the Chinese Tang Dynasty (618–907) Guifeng Zongmi (Guīfēng Zōngmì 圭峰宗密, 780–841) has been analyzed. The paper consists of two parts. In the first part the author describes Zongmi’s doctrinal classification, focusing on the process of the deconstruction of consecutive Buddhist doctrines. In the second part the author compares particular doctrines with the most important theories on the essence of religion. The comparison aims at revealing the limitations of those theories, when applied to the understanding of the religious systems, based on the gradual attaining of gnosis, such as the system of panjiao. In the conclusion the author suggests the creation of a synthesis of the enlisted concepts of religious studies, based on the synthesis of the Buddhist doctrines combined within the panjiao system.
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Pilkov, K. M. "Res judicata and related doctrines of finality of judgments: comparative aspect." Analytical and Comparative Jurisprudence, no. 3 (February 20, 2022): 15–21. http://dx.doi.org/10.24144/2788-6018.2021.03.2.
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The article contains the results of the analysis of the development of res judicata doctrine into a multicomponent doctrine with different meaning in different legal systems of the world, as well as points out the difficulties of distinguishing this doctrine among other doctrines that have claim preclusive or issue preclusive effects. The article focuses on the broad and narrow meaning of res judicata, procedural links that this principle may have with the application of the estoppel rule in court proceedings. The article pays special attention to three doctrines related to res judicata: full faith and credit; election of remedies and law of the case doctrines. The doctrine of full faith and credit in the US procedural law is viewed as a branch of res judicata. In contrast to res judicata, the doctrine of election of remedies is largely based not on respect for the finality of the judgment, but on the principle of estoppel and thus might be applied in order to bar a subsequent cause of action containing claims that are inconsistent with remedies prayed for in the already considered cause of action, rather than to bar the relitigation of already litigated case. The law of the case doctrine, as it has been developed in the US procedural law and adopted in some other countries, in particular India, is related to res judicata in that both are aimed at ensuring legal certainty and the stability of court judgments. However, unlike res judicata, the law of the case doctrine to some degree allows the discretion of the court, or rather its application is discretion based, it is purely procedural and concerns the stability and consistency of the court's rulings in the same case, rather than the conclusive effect of the final judgment for subsequent proceedings. The article argues that these doctrines, especially the election of remedies doctrine and the law of the case doctrine or their elements can be used to address the problems of fairness and consistency of judgments in procedural law.
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Friday, John. "Universale Salutis Sacramentum: Understanding the Church as the Universal Sacrament of Salvation in Relation to the Challenges of Interreligious Dialogue." Pacifica: Australasian Theological Studies 25, no. 1 (February 2012): 82–99. http://dx.doi.org/10.1177/1030570x1202500107.
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Based on the premise that the task of systematic theology is to promote an understanding of doctrines by relating different doctrines to one another, and in dialogue with the religious-cultural context, this article provides a systematic proposal for understanding the Roman Catholic doctrine that affirms the church as the universal sacrament of salvation. This doctrine will be clarified by relating it to the doctrine that interreligious dialogue is part of the Catholic Church's evangelising mission. The context for this understanding is one in which religious diversity is both a fact and often times, a problem. The reflections begin with a survey of several terms and relations that are central to the doctrines that are being discussed. Bernard Lonergan's notion of mutual self-mediation is then explained and presented as a tool for both Christian and ecclesial self-understanding. Mark Heim's so-called “theology of religious ends” is appealed to as a concrete way for mutual self-mediation to be practised, and Lonergan's ecclesiologial suggestions allow the notion to be applied on an ecclesial level.
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Nwafor, Ndubuisi, and Chidi Lloyd. "Re-imagining the Doctrines of Hardship and Exemption/Force Majeure under the cisg and unidroit Principles of International Commercial Contracts." Global Journal of Comparative Law 8, no. 1 (April 5, 2019): 52–79. http://dx.doi.org/10.1163/2211906x-00801003.
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The doctrines of hardship, frustration, exemption and force majeure are all exceptions to the doctrine of mandatory enforceability of commercial contracts. However, cisg and the unidroit Principles followed different approaches in the development of impossibility jurisprudence under commercial contracts. The aim of this paper is to critically inquire whether the silence about doctrine of hardship under the cisg can conveniently be cured by the exemption provision of article 79 cisg, and whether the provision for hardship under the unidroit Principles can be used to fill the lacuna created under the cisg. This paper will utilise doctrinal research methodology with comparative approach in addressing the issues arising from the subject matter of the paper.
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Hoffman, F. J. "Buddhist Belief ‘In’." Religious Studies 21, no. 3 (September 1985): 381–87. http://dx.doi.org/10.1017/s0034412500017467.
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Recent articles in Religious Studies have underscored the questions of whether Buddhism presents any empirical doctrines, and whether, if it does, such doctrines are false or vacuous. In what follows I want to sketch an interpretation of Buddhism according to which it does not offer doctrines which are empirically false, on the one hand, or trivially true on the other. In doing so I take my cue from an earlier, and by now classic, paper by H. H. Price. For the exposition of Buddhism I take the Pali Nikāyas, the single most significant collection of texts in the Buddhist tradition. The particular doctrine which is the focus of discussion here is the kammavāda (Pali) or ‘karma view’ of early Indian Buddhism, for it is the focus of much of the recent literature cited above and a doctrine which some have thought amenable to statement in empirical terms.
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Rohmatika, Ratu Vina, and Kiki Muhamad Hakiki. "Fanatisme Beragama Yes, Ekstrimisme Beragama No; Upaya Meneguhkan Harmoni Beragama Dalam Perspektif Kristen." Al-Adyan: Jurnal Studi Lintas Agama 13, no. 1 (November 12, 2018): 1–22. http://dx.doi.org/10.24042/ajsla.v13i1.2940.
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The articlefocuses on how the Christian presents a teaching doctrine of difference. Based on the research results, although Christian doctrine contains the exclusive doctrines, it isfound in its scripturesthe inclusive (humanist) doctrines. Christianity teaches that fanatics to human values as substantial religious values.This situation strengthens that every religion, including Islam, Buddhism, Hinduism, has inclusive teaching of difference. Being religious fanaticism is important, but behaving extremists is not necessarily, especially those who are different. There are many ways that can be done to cultivate the attitude form of religious harmony such as disseminating pluralism, organizing interfaith dialogue, and studying religious studies.
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Horák, Pavel. "“If the Base Fundamentals Are Too Much for You…”." Nova Religio 26, no. 2 (November 1, 2022): 30–48. http://dx.doi.org/10.1525/nr.2022.26.2.30.
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This article deals with the possible existence of doctrines in modern Paganism. Generally, Pagan studies scholars widely consider modern Paganism a religion without doctrines. Furthermore, Margot Adler, one of the early researchers of modern Paganism, established a narrative that practice is more important than beliefs in modern Paganism. However, based on ethnographic research conducted among modern European Pagans between 2014 and 2017, along with additional secondary data, this article argues that doctrines may emerge in situations of pressure or conflict, or while delineating boundaries and gatekeeping Paganism against other religions. In such situations, beliefs become enforced and turn into the basis of potential doctrines. Doctrines are authoritatively defined theoretical components of religion, comprising teaching, beliefs, and confessions. Their authoritative character has its historical roots in Christianity and tries to keep the doctrinal contents fixed using a dynamic of truth and falsity, which determines orthodoxy—distinguishing right faith from error.
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Mikhailov, Anton Mikhailovich. "Doctrines of the Constitutional State and the Rule of Law: Common and Special Features." Юридические исследования, no. 12 (December 2023): 15–35. http://dx.doi.org/10.25136/2409-7136.2023.12.39405.
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The subject of the research of the scientific article is a comparative legal analysis of two leading constitutional legal doctrines in the Western tradition of law - the concepts of the constitutional state and the rule of law. The article defines the affiliation of the studied doctrines to the Western tradition of law, reveals the necessary prerequisites for the implementation of the corresponding political and legal ideals. Particular attention is paid to the contrasting comparison of the doctrines of the constitutional state and the rule of law. The author sees the most significant differences between the doctrines of the constitutional state and the rule of law in their belonging to the political or legal sphere, the object of restriction, attitude to the judiciary and judicial procedure, connection with the philosophy of law, the form of expression of law and domestic or international legal orientation. The scientific novelty of the work rests in the fact that the author has undertaken a contrasting comparative legal study of the doctrines of the constitutional state and the rule of law. The article substantiates that the doctrine of the constitutional state belongs to the ideology of the civil law, while the doctrine of the rule of law is the leading constitutional doctrine in the states of common (Anglo-American) law. In contrast to the continental concept of the constitutional state, the doctrine of the rule of law is organically linked to the specific experience of the political and legal development of England, aimed at establishing a universal, defined, based on a common law order, the limitation of the law, the primary basis of which is the case law of the courts, the current executive power, is considered not only as domestic, but also international legal the concept, and pays special attention to the observance of the procedural form, with which it associates the achievement of the goals of the rule of law.
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Samsonov, Nikolai V. "The doctrine of civil procedure law and its importance for national judicial procedure." Vestnik of Saint Petersburg University. Law 13, no. 2 (2022): 415–32. http://dx.doi.org/10.21638/spbu14.2022.208.
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The article analyses approaches to the understanding legal doctrines that exist in legal science, in order to determine the essence of the civil procedure doctrine, to dissociate it from other related notions and to identify its importance for national judicial procedure. While using this basis, the author gives his definition of “the doctrine of civil procedure law” and gives a classification of legal doctrines. Furthermore, existing cases of the Constitutional Court of the Russian Federation and other courts using civil procedure doctrine in order to motivate their decisions are studied. A conclusion is made that there is no judge’s perception of the doctrine as a source (a form) of law and it is only used as a supplementary argument not having a decisive character and being used along with rules of logic and of common sense. Among considerable factors preventing judges from using the legal doctrine in such a capacity, the author indicates its non-compliance with conditions of legal certainty and legally binding character and the lack of a mechanism for applying doctrinal provisions to civil judicial procedure, as well as the fact that the legal doctrine tends to be dispersed in other sources of law. As a result, the author suggests regarding the doctrine of civil procedure law not as a source (a form) of law, but as a source of legal knowledge providing basis for the emergence of law in a form of legislative act, legal case or other, as a phenomenon being a theoretical and methodological basis of legal system, giving future-oriented models of court organization and civil judicial procedure, legal regulation of legal procedure in courts of general jurisdiction concerning civil cases, a phenomenon having an impact on judges’ and other civil procedure participants’ legal conscience.
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te Velde, Dolf. "The Relevance of Reformed Scholasticism for Contemporary Systematic Theology." Perichoresis 14, no. 3 (December 1, 2016): 97–115. http://dx.doi.org/10.1515/perc-2016-0018.
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Abstract This article examines how Reformed scholasticism can be relevant for systematic theology today. ‘Reformed Scholasticism’ denotes the academic practice in which the doctrines of the Reformation are expounded, explained, and defended. It is primarily a method and attitude in search of the truth, based on a careful reading of Scripture, drawing on patristic and medieval traditions, and interacting with philosophy and other academic disciplines. In addition to these methodological features, important contributions on various doctrinal topics can be discovered. The doctrine of God has a foundational role in the sense that God is the primary subject of the other topics (creation, salvation, etc.). Reformed scholastic theology not only examines God’s inner essence, but also the concrete relation and operation of God toward his world. In a Trinitarian understanding of God’s essence, a distinction is maintained between God’s immanent relatedness as three divine Persons, and his outward relation to created reality. The doctrines of creation and providence gave occasion for Reformed scholastics to engage in debates with the emerging natural sciences, and also articulated important theological insights concerning the involvement of God in creaturely affairs. In Christology, the Reformed orthodox maintained the classic doctrine of the two natures of Jesus Christ, against Socinians and other opponents. These ontological statements are the necessary conditions for a proper understanding of the salvation by Christ. While the doctrinal positions of Reformed scholastic theology cannot be automatically transmitted to contemporary discussions, we can profit from this tradition on several levels of method and content.
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Mulligan, Deirdre K., and Fred B. Schneider. "Doctrine for Cybersecurity." Daedalus 140, no. 4 (October 2011): 70–92. http://dx.doi.org/10.1162/daed_a_00116.
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A succession of doctrines for enhancing cybersecurity has been advocated in the past, including prevention, risk management, and deterrence through accountability. None has proved effective. Proposals that are now being made view cybersecurity as a public good and adopt mechanisms inspired by those used for public health. This essay discusses the failings of previous doctrines and surveys the landscape of cybersecurity through the lens that a new doctrine, public cybersecurity, provides.
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Sukhamdani, Wahyu Agung, and Mohamad Ismed. "Identification of the Doctrine of Violent Extremism of Terrorist Networks in De-Radicalization Efforts." Jurnal Ilmiah Ilmu Administrasi Publik 13, no. 1 (July 9, 2023): 423. http://dx.doi.org/10.26858/jiap.v13i1.49173.
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Terrorists are not suddenly born, there is a process in which the process starts from radicalization, namely the transmission of radical ideology into a person. The radical understanding included is an ideology that is related to existing extremist ideology and is usually related to certain political groups or religious groups. The most important process in radicalization is in fact the process of giving doctrine to someone by a terrorist group. Once the Doctrine has been given, it becomes difficult to indoctrinate it. It requires a deep understanding of how doctrines are formed and how they are taught. This research describes how the extremist network of a former convict who is now active in deradicalization activities identifies extremist doctrines and ideologies. By understanding the process of identifying doctrines, it will be understood what processes can be carried out to dispel and fight these doctrines to carry out deradicalization. In this study, the case raised is the extremist network experienced by Agus Suprianto alias Farel, in his journey, he went through a process of accepting radical ideology up to extremist ideology, in the end he was deradicalized and is now in the Pancasila ideology which refers to national unity. The provisions are used to carry out empowerment activities and carry out deradicalization efforts.
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Kornev, A. V. "On Some Issues of Source Assessment in the History of Political and Legal Doctrines: Competition of Different Approaches." Lex Russica, no. 6 (July 5, 2021): 154–62. http://dx.doi.org/10.17803/1729-5920.2021.175.6.154-162.
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The paper is devoted to a little-studied problem, namely, source assessment in the history of political and legal doctrines from the perspective of the competition of different approaches. In this paper, sources refer to various forms of theoretical knowledge: views, doctrines, theories, concepts, ideas, schools, trends and approaches. In other words, we consider the types of sources in which thinkers of different eras and trends try to reflect the essence of state legal phenomena, primarily, the state and law, and other closely related institutions, such as power, property, democracy, the rule of law, etc. One of the main ideas of the paper is to justify the fact that the history of doctrines is primarily the evolution of the struggle between them. Moreover, the opposition of ideas is actually observed from the very beginning of political and legal thought. The problem of an objective assessment of the doctrines is highlighted, since there are many factors that prevent this. In this regard, we consider the time (chronological), methodological, ideological, political, scientific, ideological and other circumstances, including individual preferences. The assessment is based on the main form of theoretical political and legal knowledge, i.e. a doctrine and its structure. It is the structural elements of political doctrine that are evaluated by researchers of ideas, who themselves are not always free in their expert activities. This aspect is also reflected in the paper.The author summarizes: since the history of ideas is a history of struggle, competition in their evaluation is inevitable. It is possible to adhere to various philosophical views, but it is impossible to neglect the scientific validity of the teaching that is subject to evaluation. At the same time, this problem does not concern the doctrines that are being evaluated, but the personality of the evaluator of the doctrines, sometimes formed by the greatest thinkers.
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Sandis, Constantine. "In defence of four socratic doctrines." Think 6, no. 17-18 (2008): 85–98. http://dx.doi.org/10.1017/s147717560000302x.
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In this article, Sandis defends four of the most notorious doctrines which Plato attributes to Socrates. The first is the ‘theory’ of forms, the second is the doctrine of recollection, the third Socrates'contention that philosophers ought to be the guardian-kings of the ideal state, and the fourth his rejection of rhetoric. Sandis does not claim that his interpretation (which owes a lot to Wittgenstein) is correct, but only that it renders the doctrines both relevant and plausible.
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Aviv Yeini, Shelly. "Whose International Law Is It Anyway? The Battle over the Gatekeepers of Voluntarism." Michigan Journal of International Law, no. 45.1 (2024): 1. http://dx.doi.org/10.36642/mjil.45.1.whose.
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Whose International Law Is It Anyway? The Battle over the Gatekeepers of Voluntarism Authors Shelly Aviv Yeini, University of Haifa Abstract International law has been ruled by the theory of voluntarism for the course of the last two centuries. It is currently being challenged by competing theories, which do not see states’ consent as the main justification for international law. The theories of naturalism, international constitutionalism, and communitarianism all consider justification for international law to lie elsewhere than the realm of consent. While each theory provides a different framework for explaining the validity of international law, they all seek to justify their dissent from consent. Naturalism, international constitutionalism, and communitarianism view states as participators in the making of international law alongside international institutions, nongovernmental organizations, international tribunals, and legal academia. Such entities harness the competing theories to dilute and nullify the traditional voluntarist doctrines of international law. This article aims to portray such phenomena and show how the theoretical supremacy debate is reflected in the contestation between states and non-governmental entities over the validity of the gatekeeper doctrines—the specially-affected states doctrine, the persistent objector doctrine, and the monetary gold principle. Diluting or reconstructing the gatekeeper doctrines may alter the way in which rules of international law are made, developed, and apply. This article argues that while the contestation may aid in the legal development of international law as parties take time to articulate and refine their legal positions regarding the gatekeeper doctrines, it has also created radicalization of positions and uncertainty regarding the gatekeeper doctrines’ content and applicability.
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Morgan, Jonathan. "Soteriological Coherence in Athanasius’s Contra Gentes-De Incarnatione." Evangelical Quarterly 88, no. 2 (April 26, 2017): 99–110. http://dx.doi.org/10.1163/27725472-08802001.
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This article seeks to demonstrate the coherence of Athanasius of Alexandria’s soteriology by drawing attention to the interrelationship between his doctrines of sin and redemption. Traditional accounts of Athanasius’s doctrine of salvation often present an incomplete picture by, for example, underemphasizing sin and the effects of the Fall or overemphasizing deification. In fact, Athanasius’s soteriology is balanced and intelligible insofar as he integrates a robust doctrine of sin with a deep and rich soteriology founded upon the Incarnation. Therefore, this study lends further support to the thesis in contemporary studies that Athanasius is a consistent thinker who integrates various doctrines of the Christian faith into a coherent system.
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Shevchenko, A. E., and V. K. Antoshkina. "The scientific-legal doctrine and its influence on the law interpretation processes." INTERPRETATION OF LAW: FROM THE THEORY TO THE PRACTICE, no. 12 (2021): 99–109. http://dx.doi.org/10.33663/2524-017x-2021-12-16.
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The proposed paper outlines the main approaches to understanding of the scientific and legal doctrine and its constitutive features, as well as the influence on the law interpretation processes. The authors note that the scientific and legal doctrine not only defines the toolkit and approaches to the interpretation of legal texts, but forms the definitions, categories, conceptions, constructions which are used by legislators in creating regulations and by subjects of law which have to understand the true meaning of norms contained in such legal acts and implement in practice. The main provisions concerning the peculiarities of the doctrinal sources usage while judicial interpretation in different legal families are highlighted. The characteristic features of doctrinal interpretation, forms of its objectification and interconnection with judicial interpretation are determined. Particular attention is paid to the usage of doctrinal provisions in the legal interpretation by the Constitutional Court of Ukraine and the Supreme Court. The main forms in which the results of doctrinal interpretation are used in judicial activity are outlined: the functioning of scientific advisory councils, whose members provide their opinions on complex legal issues; involvement of an expert in the field of law to the court proceedings in certain cases provided by the current legislation. It is noted that during the court hearing of the case while the formation of a legal position the possibility to refer to the opinion of authoritative Ukrainian legal scholars is not typical and acceptable for the domestic legal system. It is noted that many authoritative lawyers, scientists with academic degrees and titles, who are also engaged in scientific activity, have worked and still work as judges, especially of the Constitutional Court of Ukraine. This practice is especially valuable because a judge is able to apply the results of his/her scientific work in interpreting the law in the process of judicial activity and at the same time to use his/her practical experience in scientific research. The authors of the paper cover issues related to the use of «judicial doctrines» and the solution of «exceptional legal issues», which are relatively new to domestic jurisprudence. The interconnection of these concepts with legal doctrine is determined. It is established that although the current legislation provides for certain ways of using doctrinal provisions and the results of doctrinal interpretation in law enforcement practice, but this process is not developed enough and needs further clarification. Keywords: scientific-legal doctrine, legal interpretation, doctrinal interpretation, judicial doctrines, exceptional legal problem.
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Baig, Muhammad Ali. "Conventional Military Doctrines and U.S.-China Military Engagement in the West Pacific." China Quarterly of International Strategic Studies 05, no. 03 (January 2019): 373–93. http://dx.doi.org/10.1142/s2377740019500209.
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This article explores how conventional military doctrines shape U.S.-China military engagement in the West Pacific under varying degrees of cooperation, competition and potential conflicts. Although military doctrines possess a certain level of influence on the ways and means of engaging each other in military terms, such engagement is not confined to using deadly force with a clear aim to destroy the other party. Instead, these doctrines can act as an instrument to forestall conflicts by maintaining credible deterrence. As rational actors that follow clear rules of military engagement, both the United States and China are fully aware of the defensive, offensive and deterrent value of their respective military doctrines, as well as the consequences of a potential conflict; and they have tried to expand cooperation on a number of non-traditional security issues. However, given their forward deployment-oriented military doctrines and the rising role of non-state actors, the United States and China are very likely to be engaged in an unintended escalation of conflicts if each holds a rigid view toward the other’s military doctrine and fails to maintain stable military ties based on timely communication and constructive interaction.
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Shulgin, V. "DOCTRINAL RULES-MAKING OF MILITARY ADMINISTRATION BODIES: LEGAL ASPECTS OF VALIDATION." Visnyk Taras Shevchenko National University of Kyiv. Military-Special Sciences, no. 4 (48) (2021): 58–65. http://dx.doi.org/10.17721/1728-2217.2021.48.58-65.
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The article analyzes the legal (organizational-theoretical, comparative-applied, temporal-terminological, legitimation, validation aspects of the process of doctrinal rule-making of the military administration of the Armed Forces of Ukraine in the field of combat training and application of the Armed Forces of Ukraine and other components of the Ukrainian Defense Forces. importance on the way to the Euro-Atlantic integration of our country, for the effective operation of national joint defense forces in a special period, the preparation of units of the Armed Forces of Ukraine for joint action and interoperability with the armed forces of NATO member states. In order to form a balanced system-scientific approach to streamlining the doctrinal rule-making process of the military administration of the Armed Forces of Ukraine, an attempt was made to explore the nature, legal features of adaptation, validation and place of military publications in the national system of military administration, including doctrinal documents borrowed from member states. NATO. This is also relevant in view of the fact that the doctrine was perceived in the system of military law of Ukraine exclusively as a military-political act of the national level. It is necessary to harmonize normative-legal and doctrinal-conceptual acts of military administration of Ukraine both on the basis of their legal force in the system of normative legal acts of military legislation and taking into account their hierarchy on the basis of organizational and operational level (strategic, operational, tactical). The state of legal support of doctrinal rule-making within the framework of the Defense Forces of Ukraine and military-departmental doctrinal rule-making has been clarified. The legal essence and nature of military publications, in particular doctrines in the system of military management, their general and special concept taking into account existing problems and features of modern process of normative-legal regulation, military-departmental law enforcement, transformation of legal understanding of hierarchy of military management acts taking into account military implementation are established and substantiated. -operative doctrines, amendments to the system of national defense and military management. Proposals have been formulated in order to optimize the process of doctrinal rule-making of military administration bodies, adaptation, validation and determination of the place of military-administrative operational doctrines in the system of acts of military administration of the Armed Forces of Ukraine.
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Sendjaja, Hendri Mulyana. "Sumbangan Athanasius dari Aleksandria dalam Pembentukan Ajaran Trinitas." GEMA TEOLOGIKA 3, no. 1 (April 25, 2018): 71. http://dx.doi.org/10.21460/gema.2018.31.364.
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The intellectual struggles and adventures of Christian thinkers in Alexandria in the first centuries produced an overarching effect to the doctrines of Christian faith, which survived to the present day. One of those doctrines is the doctrine of the Trinity. The study of the thought of Athanasius of Alexandria in regards of God, Jesus Christ, and the Holy Spirit, through his works such as Contra Gentes-De Incarnatione, Contra Arianos I-III, and Epistola ad Serapionem, speaks for itself the contribution he made to solidify the doctrine of the Trinity. For him, the doctrine expresses the eternal communion among the Father, the Son and the Holy Spirit, which in effect brings benefi t to us. The construction of the doctrine is inseparable from the Church tradition which owed to the ecclesiastical biblical exegesis, and the construction of the theological methods, and the soteriological perspective.
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Beltrán de Heredia Ruiz, Ignasi. "Personal docente universitario y contratación temporal abusiva = University teaching staff and abusive use of fixed-term contracts." EUNOMÍA. Revista en Cultura de la Legalidad 13 (September 29, 2017): 148. http://dx.doi.org/10.20318/eunomia.2017.3809.
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Resumen: Análisis de la STS 1 de junio 2017 (rec. 2890/2015) que, a la luz de las doctrinas Pérez López y Márquez Samohano del TJUE, declara que una sucesión de contratos temporales de un profesor de la Universitat de Barcelona debe ser calificada como abusiva porque no estaban ligadas a los objetivos propios de la contratación utilizada y por atender a necesidades permanentes de la Universidad. El estudio concluye que el contenido de esta doctrina puede acabar forzando una redefinición de la gestión del personal docente universitario existente.Palabras clave: Personal docente universitario, Directiva 1999/70, contratación temporal abusiva.Abstract: Analysis of the STS 1 June 2017 (rec. 2890/2015), which, in the light of the doctrines Pérez López and Márquez Samohano of the EU Court, states that a succession of teaching contracts at the University of Barcelona should be described as abusive because it was not linked to the objectives of the fixed term contract used and were used to attend to the University's teaching permanent needs. The study concludes that this doctrine can force a redefinition of the existing management of university teaching staff.Keywords: University teaching staff, Directive 1999/70, abusive use of fixed-term contracts.
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Bullinaria, John A. "Levels of description and conflated doctrines." Behavioral and Brain Sciences 22, no. 5 (October 1999): 832–33. http://dx.doi.org/10.1017/s0140525x99242197.
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It seems that I often say things that might mistakenly be thought to identify me as an adherent of the radical neuron doctrine. I take the opportunity to explain my position more clearly and argue that many apparent conflations of the radical and trivial neuron doctrines are merely the result of misunderstanding what is meant when neuroscientists talk about the relations between different levels of description. It follows that there may be considerably fewer followers of the radical doctrine than Gold & Stoljar suggest.
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Samovich, Yuliya Vladimirovna, and Ekaterina Yur'evna Marukhno. "Formation and development of doctrines on the correlation of international and national law." Международное право и международные организации / International Law and International Organizations, no. 3 (March 2022): 25–34. http://dx.doi.org/10.7256/2454-0633.2022.3.28070.
Full textAbstract:
The authors of the article present a comprehensive study of doctrinal approaches concerning the problem of the correlation of international and domestic law, based on multilevel, non-linearity of legal norms. The object of the article is the traditional doctrines of dualism (pluralism) and monism, an assessment of the circumstances of their emergence, the essence of approaches and subsequent transformation under the influence of globalization and integration processes. The authors analyze the theoretical foundations of the methods and conditions for integrating the norms of international law into the national legal system and the role of international law for the modern legal order. The authors were based on the methods of theoretical synthesis, induction and generalization, the principle of historicism. Among the special-legal - method of comparative jurisprudence, the main conclusions of the study are the assessment of traditional doctrines from the modern perspective of globalization and the integration existing in the modern international community. The practical situation continues to provide the ground not so much for the "improvement" of the doctrine, but for its revision and modern assessment, which makes it possible to designate the role of the international legal order for national jurisdictions.
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Xiong, Ye. "Treatise of the Golden Lion: An Exploration of the Doctrine of the Infinite Dependent Arising of Dharmadhātu." Religions 15, no. 4 (April 12, 2024): 482. http://dx.doi.org/10.3390/rel15040482.
Full textAbstract:
Among the texts of Huayan Buddhism, the study of the Treatise of the Golden Lion remains at the level of literal translation. Neither the core doctrines of the Treatise nor the original contexts of its delivery have received much scholarly attention. This paper first contextualizes the preaching background of the Treatise and its relevant doctrines, and then conducts a section-by-section explanation of the Treatise with special consideration given to the intention of Fazang and his manner of preaching. Of its contents, the doctrines of the ten mysterious gates and the six characteristics, along with the manifestation of the distinctive teaching of one vehicle, constitute the key components of the preaching. They are the representation and revelation of the doctrine of the infinite dependent arising of dharmadhātu.
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Spasibo-Fateeva, I. "Review of the monograph E.M. Smychka "Judicial doctrines in tax law"." Uzhhorod National University Herald. Series: Law 2, no. 80 (January 20, 2024): 460–61. http://dx.doi.org/10.24144/2307-3322.2023.80.2.74.
Full textAbstract:
Monograph by E.M. The book "Judicial Doctrines in Tax Law" published by Pravo publishing house in 2023 caught my attention with its title - not much has been written about judicial doctrines in Ukraine, and recently they are in trend. Moreover, the doctrinal vision of this or that legal institution, as it happened historically, changed and what we currently have is a very important aspect of the study of all legal phenomena. It is not for nothing that a large army of Ukrainian scientists pay attention to this, who have gathered on various topics and offer a common view of doctrines in civil, tax, criminal and other fields of law on the pages of the magazine "Law of Ukraine".