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In this chapter I argue that we should take seriously the numerous vivid images of material begetting in Gregory of Nyssa’s Against Eunomius because they provide him with a more experientially based, and so intuitive, way to conceive of the hard-to-grasp idea that the first and second Person of the Trinity were both distinct entities and also unified in essence or nature. However, I shall also argue that Gregory was at the same time continuously correcting problems that an intuitive model of begetting might bring to the divine by returning to more theologically correct, reflective ways of conceiving of the divine. I shall argue that via this oscillation between intuitive ways of thinking about the divine and reflective and theological ways of thinking about it, which Ilkka Pyysiӓinen has argued is normal for theological discourse, Gregory was able to present the Trinity as what Dan Sperber has defined as a ‘relevant mystery’.
Constitutional law’s twofold logic of inquiry into authorization and prohibition provides the basic structure for constitutional law reasoning. It also supplies the method by which constitutional lawyers break down into discrete, manageable questions the complex set of facts and legal claims that a difficult constitutional problem presents. Finally, as Chapter 2 discussed, this logic rests on several presuppositions that further shape the analysis of any constitutional problem. We can now begin to consider how to solve a problem once we have identified the questions of constitutional law it raises. The answer to a constitutional question that is at all perplexing, or controversial among competent lawyers, can seldom if ever be identified by simply pointing to the constitutional text. Questions that can be answered in that fashion (do Wyoming and California really elect the same number of senators?) do not give rise to serious constitutional law debate, however puzzling they may be from other perspectives.
Tensions between civil and military authorities over issues such as budgets and strategic posture are unavoidable in pluralistic societies. Scholars of Civil-Military Relations (CMR) have identified a range of practices through which civil-military contestation occurs, and examined their implications for issues such as military effectiveness. This literature, however, has yet to incorporate critical approaches to knowledge into its analysis. Seeking to fill this gap, this article explores how the British military's presentation of its professional knowledge has been increasingly shaped by the political context of British defence policy. More specifically, it argues that the British armed forces’ presentation of opaque imaginations of future war in military doctrine has sought to entrench the role of Defence in an environment of increasingly integrated governmental responses to security challenges. To do this, the article focuses specifically on two concepts that have become increasingly significant in the British defence establishment's articulation of its professional authority and strategic purpose – Multi-Domain Integration (MDI) and the Integrated Operating Concept (IOpC). The article therefore contributes to the literature a fresh perspective of the role of military doctrine and epistemic practices in civil-military contestation, as well as a critical account of the politics of knowledge in British defence.
The growing judicialization of ISDS through the use of precedent may be contributing to improved consistency in the interpretation of the FET standard. The FET standard and its interpretation by arbitral tribunals has been blamed for giving foreign investors carte blanche to sanction governments over broad swathes of policy. It is said to be lacking any common definition and that it is a vague and ambiguous catch-all term. This chapter provides a rigorous qualitative and quantitative empirical assessment of the use of citations and their role in the development of the FET standard consistently by tribunals across time. Based on the in-depth exploration of FET case law the authors find that three landmark cases have a de facto stare decisis with the effect of reconciling competing interpretations and ultimately providing a relatively consistent standard.
In November 2020, the Appellate Tribunal (the Tribunal) of the Anglican Church of Australia (ACA) provided its opinion on references as to the constitutionality of diocesan legislation relating to same-sex blessings and marriage. There were two concurrent references about a marriage blessing service intended for use in the Diocese of Wangaratta (the Wangaratta references). There were also two concurrent references about the Clergy Discipline Ordinance 2019 Amending Ordinance 2019 of the Diocese of Newcastle (the Newcastle references).
This chapter introduces the issue addressed in this study, that is the allocation of international responsibility in a multi-layered structures like the European Union. It discusses the key doctrine on the question of responsibility of international organisations and points to the different approaches that dominate the discourse. This chapter also addresses the scope of the study, noting that it is focused on the questions of international responsibility that arise in international economic law. The introductory chapter also notes the methods of research employed in this study.
This chapter considers the fourth and final form of backlash discussed in the book: doctrinal challenges. Using examples from the European Court of Human Rights, this chapter considers how and why doctrinal challenges, or challenges that dilute the ability of human rights and criminal courts to affect domestic policy change, constitute a form of backlash. The chapter begins with a case study of Russia and the European Court of Human Rights and goes on to provides examples from the United Kingdom and Denmark. As this chapter shows, backlash politics can come from both traditional foes as well as long-standing supporters.
Although Egypt in the fifth century was highly integrated into the empire, it also began to develop new elements of distinctiveness. In part this trend resulted from divisions in theology and church politics that emerged around the Council of Chalcedon in 451, leading to deep splits in the church by the middle of the sixth century and the creation of competing church hierarchies. The native Egyptian language came to have its own literature and began to be used more widely in official contexts. At the same time, Alexandria remained a vibrant center of Greek culture, which permeated the rest of Egypt as well. The economic and social elite of the cities, increasingly closely tied to the imperial administration, concentrated wealth and power in their hands to a degree not seen earlier, even as most of the population continued to live in villages and work the land.
Chapter V applies concepts from preceding chapters to investigate the future character of war and war’s future as a human activity. The chapter begins by exploring the challenge of future forecasting and strategy development, which is compounded by the accumulation of human and environmental effects that invalidate assumptions. The chapter asserts that forecasting may be improved by considering three sets of factors: history and trends, current circumstances, and theory. Next, it explores political, technological, and doctrinal developments that could impact war’s future character, like artificial intelligence and nanotechnology, and provides strategic advice for both high and low capacity groups. The chapter’s latter half uses the history-current circumstances-theory model to assess the feasibility and desirability of ending war forever. Using evidence from archaeology, anthropology, history, trends, and war and peace theories, the chapter concludes that war’s existence is inextricably linked to humanity, i.e., eliminating either eliminates both. It wraps up by offering practical suggestions for minimizing the potential for war.
Frances Young explores the changing relationship in the history of the early church between the gospel texts and the determination of true doctrine. She shows that, even when the four gospels had been accepted as canonical, what shaped doctrine most was the overarching sense of what scripture as a whole was about, epitomized in the ’Rule of Faith’ and the creeds.
Doctrines are categorical structures very apt to study logics of different nature within a unified environment: the 2-category Dtn of doctrines. Modal interior operators are characterised as particular adjoints in the 2-category Dtn. We show that they can be constructed from comonads in Dtn as well as from adjunctions in it, and we compare the two constructions. Finally we show the amount of information lost in the passage from a comonad, or from an adjunction, to the modal interior operator. The basis for the present work is provided by some seminal work of John Power.
Theorists such as Stuart Hall have problematised the idea that identity is something that remains essentially the same across time. Since doctrine has been cast as that which safeguards Christian identity, this provokes the question: what role can doctrine play if this is the case? Critiquing George Lindbeck's The Nature of Doctrine in light of Kathryn Tanner's work on rules suggests that doctrine cannot regulate, constitute or generate the necessary conditions for Christian identity. Doctrine can, however, still play a role in generating Christian meaning without regulating identity by determining how concepts are formed in Christian community.
Can a doctrinal scholarship which is based on the normativist-positivist framework espoused in this book do any better than mainstream legal scholarship? Starting from a critique of certain hyper-systematising approaches, the chapter introduces Kelsen’s idea of legal scholarship properly so called, one devoid of external influences because these make it impossible to correctly cognise the law. Reconstructed in this manner, doctrinal scholarship can provide a structural analysis of the law, both on the macro-level of system-coherence and on the micro-level as frame-determination. It can also give practical information on how awards have exercised their freedom within the frame of possible meanings.
In his study of Chinese Communist Party rule-of-law doctrine, Ewan Smith argues that in the Xi Jinping era, Party leadership has shifted the dominant understanding that rule of law functions to rectify institutions to the understanding that it ‘rectifies’ or disciplines individuals as state and non-state actors. The rule of law has been explicitly subordinated to ‘Party Leadership’, and the law has been recast as one form of social control among many. Moreover, the rule of law under Xi is explicitly superstructural. It yields to basic economic changes, including China’s development needs. Moreover, whereas earlier accounts suggest a foreign idea under cautious inspection, Party doctrine under Xi identifies rule of law in China as indigenous and largely unrelated to Western accounts. These shifts in the Party’s frame of reference in relation to rule of law see it now as not merely an ephemeral concept but a ‘superstructural concept’, relativised as ‘Socialist Rule of Law with Chinese Characteristics’ in the new era.
This article examines the creative aspects of a range of international commercial law instruments which have in common that they seek to bypass traditional doctrine in order to increase commercial efficiency and ease of transacting. In short, the purpose of the harmonising measure is functional in that it seeks to overcome a serious obstacle to cross-border trade by providing commercially sensible solutions to typical problems regardless whether this disturbs established legal theory, which should always the servant of the law, not its master. Creativity applies not only to the formulation of an instrument but also to its interpretation. Those entrusted with preparing a commentary on the detail of such an instrument are likely to face difficult issues of interpretation which may take years to surface and may only be resolved by a willingness to risk error in order to provide the reader with clear guidance rather than sheltering behind the presentation of alternative interpretations, while at the same time resisting the temptation to ascribe to words in a convention the meaning they would have under one's own national law.
At least one of the instruments examined was conceptually flawed; it is mentioned to highlight the danger of over-ambition in delineating the sphere of application of the convention concerned. Undisciplined creativity comes at a cost. Another convention, and a highly successful one, is referred to only to demonstrate the value of creative ambiguity.
Policy scholars tend to view disproportionate policy and its two component concepts – policy over- and underreaction – as either unintentional errors of commission or omission, or nonintentional responses that political executives never intended to implement yet are not executed unknowingly, inadvertently or accidentally. This article highlights a conceptual turn, whereby these concepts are reentering the policy lexicon as types of intentional policy responses that are largely undertaken when political executives are vulnerable to voters. Intentional overreactions derive from the desire of political executives to pander to voters’ opinions or signal extremity by overreacting to these opinions in domains susceptible to manipulation for credit-claiming purposes. Intentional underreactions are motivated by political executives’ attempts to avoid blame and may subsequently lead to deliberate overreaction. This conceptual turn forces scholars to recognise the political benefits that elected executives may reap from deliberately implementing disproportionate policies, and that such policies can at times be effective.
Dissatisfaction with the Royal Navy’s World War I performance led a generation of officers to analyze the fleet’s wartime record. This analysis revealed three problems: over-centralization of authority, a reluctance to fight night actions, and an overly defensive use of destroyers. In an effort to correct these issues, the Royal Navy made changes to its doctrine, training, and professional military education that improved the Navy’s World War II performance, especially in surface warfare. Reforms flowed from a variety of sources, including First Sea Lord Adm. David Beatty, contributors to the Naval Review, and Mediterranean Fleet exercise. The interwar reforms reflected an organizational culture that pursued improvement and learning in response to the perception that in World War I, the Navy failed to live up to historical standards of success.
Dissatisfaction with the Royal Navy’s World War I performance led a generation of officers to analyze the fleet’s wartime record. This analysis revealed three problems: over-centralization of authority, a reluctance to fight night actions, and an overly defensive use of destroyers. In an effort to correct these issues, the Royal Navy made changes to its doctrine, training, and professional military education that improved the Navy’s World War II performance, especially in surface warfare. Reforms flowed from a variety of sources, including First Sea Lord Adm. David Beatty, contributors to the Naval Review, and Mediterranean Fleet exercise. The interwar reforms reflected an organizational culture that pursued improvement and learning in response to the perception that in World War I, the Navy failed to live up to historical standards of success.
The process of Church–State separation began 90 years before the 1919 Enabling Act, which gave the Church Assembly legislative powers. The Assembly was conceived not by William Temple's Life and Liberty movement but by aristocratic Conservative politicians, motivated by practical efficiency and High Church principles. With Church lawyers, they dominated it for 40 years. The Church's response to Parliament's rejection of the 1928 Prayer Book, to the Matrimonial Causes Act 1937 and, in the 1950s, to the impossibility of fully articulating in the Church of England's canon law its doctrine on marriage discipline and the seal of the confessional, was united, confident and defiant. The Worship and Doctrine Measure 1974 largely completed efforts to achieve legislative autonomy without disestablishment. The General Synod era has seen changes in both Church and State. The traditions that eclipsed the Church's former ‘Centre-High’ consensus have been less concerned to underline the Church's distinctive identity and doctrines, about which the Synod has been less united. Among MPs, Conservative High Churchmanship and concern for minorities have waned, while expectation that the Church's practice will reflect contemporary social attitudes has increased, placing the long-term survival of the 1919 settlement in question.
Theological discussions of participation have typically been worked out either in relation to the doctrine of creation – how the created order receives what it is by a sharing from God – or in the realm of soteriology (or the doctrine of salvation). We turn here to that second area of doctrine in this chapter and the next. We see that notions of participation are integral, and foregrounded, in certain approaches to redemption, especially those belonging to what is often called the 'ontological' approach, which places an emphasis on God's sharing of humanity in Christ as itself redemptive, and which typically talks about our sharing in divinity as the consequence. The connection of these ideas to Paul's notion of being 'in Christ' is explored, alongside other, parallel, Biblical themes. Other accounts of redemption are also shown to have a strong participatory basis, including substitutionary accounts, at least where what God shares with humanity in Christ – namely, our humanity – has been thought to be integral for why such a substitution can be said to have occurred.