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Doctrine of the Holy Trinity
The basis of the doctrine of trinity is based on the "God the Father, God the Son and God the Holy spirit" epithet among the Christians. God is abundantly regarded as pure spirit who cannot be seen by the eyes of every person (spirit) and associated with a material body (son) who and the material body was sent to the world by the father to save the world, these hence form the basis of the modern church, faith in Him. Although the Bible makes use of anthropomorphisms together with anthropopathetic language, these do not mean that God has eyes and ears. Otherwise, the Scripture would be considered inconsistent as Jesus states in the New Testament that God is Spirit.
God is spirit
This is one of the characteristic of God that makes Him acquire the trinity nature. The Spirit nature of God makes the first…
Augustine, Robert. The Trinity: Translated by Edmund Hill. New York: University Press, 1991.Print.
Rist, Arthur. Christian thought Baptized. Cambridge: Cambridge University Press. 1994. Print.
Bauckham, Richard. God Crucified: Monotheism and Christology in the New Testament. London: Paternoster. 1988. Print
Bauckham, Richard. Theology of Revelation. Cambridge: Cambridge University Press. 2007.Print.
However, with the conversion of Constantine, the idea of dualism meaning the separation of the state and church was not necessarily valid any more. More precisely, "before the conversion of Constantine there was no question about the relations of ecclesiastical structure of the oman state; they were clearly separate and all the Church could hope was a benign toleration (…) Constantine's conversion came as a surprise and necessitated a rethinking of the traditional relationship between the two institutions" (Boojamra, 1981, p191).
Unitarianism is a religious belief in deep contrast with the Trinitarianism belief that states that God is a single person. Unlike modalism, Unitarianism does not view Jesus as part of God, but rather as a prophet of God. By contrast, Trinitarianism views God as one being created from three elements. Therefore both Unitarianism and modalism are in deep contrast with Trinitarianism.
Modalism represents the line…
Boojamra, John. "Constantine and Justinian" in Orthodox Synthesis: the Unity of Theological Thought (ed) Joseph Allen. New York: Athens Printing Company, 1981.
Lossky, Vladimir. "The Mystical Theology of the Eastern Church." New York: SVS Press, 1997
Naturally he rejected the whole of the Old Testament and made a selection of his own from the New Testament Scriptures consisting of the greater Epistles of Paul and an edited version of Luke's Gospel. Tertullian dedicated five books to the denial of this kind of teaching. But it was more simple to show the illogicality of Marcion's doctrine than to resolve in detail the evils elevates by a lot of roads in the Old Testament.
Origen described the way of biblical interpretation which had previously been utilized by Christian writers, and which Clement had momentarily laid a hand on. Scripture, says Origen, is like a man, in that it is made up of body, spirit, and character. The body of scripture is its accurate connotation, which is understandable to the uncomplicated: the soul is the decent denotation, comprehensible to any advocate when it is made clear to him:…
A Quest for Reform of the Orthodox Church: The 1923 Pan-Orthodox Congress
Orthodox Synthesis: The Unity of Theological Thought
The Mystical Theology of the Eastern Church
In the spring of 2011 -- the Arab Spring -- I was living in Cyprus. From the deck outside of my bedroom I looked out over the Mediterranean, where the sun was setting, towards the north coast of Africa. Across that water, in Libya, civil war was breaking out. A Libyan fighter pilot flew across the water to Malta, asking for asylum (Hooper & Black, 2011). Libya's leader, Muammar Qadafi, had ordered the pilots to attack protestors in the country, many foreign diplomats resigned, and things only got worse from there.
The international community has long struggled to lay out clear rules for humanitarian intervention. In the 1990s, when humanitarian intervention was utilized on multiple occasions by the international community, civil war was the cause on a few occasions. One such occasion was during the wandan genocide. The UN's response during that time, with peacekeepers, no end of…
Hooper, J. & Black, I. (2011). Libya defectors: Pilots told to bomb protestors flee to Malta. The Guardian. Retrieved May 16, 2015 from Henkin, L. (1999). Editorial comments: NATO' Kosovo intervention. The American Journal of International Law. Vol. 93 (4) 824-828.
Meo, N. (2011). Libya: NATO warplanes kill 14 rebels. The Telegraph. Retrieved May 16, 2015 from http://www.telegraph.co.uk/news/worldnews/africaandindianocean/libya/8423675/Libya-Nato-warplanes-kill-14-rebels.html
pen Field Doctrine
The Fourth Amendment is one of the most important and hotly contested and debated amendment within the Bill of Rights to the United State Constitution. Many people focus on the First and Second amendment. The Fourth Amendment, when discussed, usually comes up when speaking of house/car searches and whether warrants are needed and how they can and should be procured. Interpretations of the Fourth Amendment have led to greatly enhanced and expanded rules of evidence that dictate that illicitly gained evidence, even if incriminating, will be excluded if the search that led to its discovery was improper. There has also been allowance for people to be read their "Miranda rights," as a response to the legal appeal brought by Ernesto Miranda and other defendants that gave confessions to police while not first being warned that they the right to remain silient and/or retain/consult counsel prior to being…
Open Fields Doctrine., http://www.jdsupra.com/legalnews/4th-amendment-and-the-plain-view-doctrin-15598/
5 Oliver v. United States -- 466 U.S. 170 (1984)
6 Hester v. United States -- 265 U.S. 57 (1924)
Open Fields Doctrine and Its elevance to the U.S. Constitution
What is the open fields doctrine?
According to the definition provided by Black's Law Dictionary (1990), the open fields doctrine "permits police officers to enter and search a field without a warrant. The term 'open fields' may include any unoccupied or undeveloped area outside of the curtilage (Oliver v. U.S., 466 U.S. 170, 104 S.Ct., 1735" (1091). For the purposes of searches and seizures, the term curtilage refers to "those outbuildings which are directly and intimately connected with the habitation and in proximity thereto and the land or grounds surrounding the dwelling which are necessary and convenient and habitually used for family purposes and carrying on domestic employment" (Black's, 384). In Dow Chemical v. United States, 476 U.S. 227, 106, S.Ct. 1819, Chief Justice Burger likewise pointed out that, "The open areas of an industrial plant complex are not analogous…
Black's Law Dictionary, St. Paul, MN: West Publishing Co. (1990).
Bradley, Craig M., The Failure of the Criminal Procedure Revolution, Philadelphia: University
of Pennsylvania Press (1993).
Dow Chemical v. United States, 476 U.S. 227, 106, S.Ct. 1819.
This is when the risks for her will increase, which could have an effect on her ability to find employment in the future. ("The Employment at Will Doctrine," 2011) (Johnson, 2007) ("Set Up Employee Policies for Your Business," 2011)
What preventive measures should the employer have in place in order to reduce any risk or liability on its part?
The best approach is for the firm, is to have clear disciplinary procedures in place. The way that this will occur, is through a process of evaluating and documenting employee behavioral issues. For example, anyone who is in violation of company polices will be subject to a verbal warning that will be documented. In the future, if they continue with this kind of behavior, they will receive a written warning. This will ask the individual to cease with their activities or face specific consequences (which are stated). After this takes place,…
Employee Discipline. (2005). PHLY. Retrieved from: http://www.phly.com/ebrochure/LossControl/Flyer10-05.htm
The Employment at Will Doctrine. (2011). BLS. Retrieved from: http://www.bls.gov/opub/mlr/2001/01/art1full.pdf
Set Up Employee Policies for Your Business. (2011). Business Link. Retrieved from: http://www.businesslink.gov.uk/bdotg/action/detail?itemId=1075124427&type=RESOURCES
Johnson, B. (2007). Implementing Progressive Discipline Policies. FW Law. Retrieved from: http://www.fwlaw.com/Resources/Articles/EmploymentArticles/ImplementingProgressiveDisciplinePolicies.aspx
Scholars studying U.S. foreign relations have long argued that there is great continuity in the conduct of Presidential Administrations. Very often, a policy started by one President continues under the next one. This has especially been the case since World War II. For example, while President Truman began to assist the French to re-take Indochina from local revolutionary forces, in a purported attempt to contain communism, President Eisenhower began to send U.S. advisers to continue the struggle against Communism. President Kennedy escalated it by sending more advisers and President Johnson turned it into a full-scale war. Nevertheless, scholars also note that some Presidents come up with a doctrine that separates them from others. During the Cold War, doctrines pursued by U.S. Presidents, one way or another, dealt with containing Communism. But it was President eagan who specifically outlined a doctrine, calling for an outright sponsorship of guerilla forces…
American president: a reference resource: Ronald Wilson Reagan: foreign affairs (n.d.). Retrieved on 4 February 2012, from http://millercenter.org/president/reagan/essays/biography/5
Bodenheimer, T., & Gould, R. (1989) Rollback: Right-wing power in U.S. foreign policy. Boston: South End Press.
Krauthammer, C. (1985, Apr. 1) The Reagan doctrine. Time. Retrieved on 4 February, 2012, from http://www.upa.pdx.edu/IMS/currentprojects/TAHv3/Content/PDFs/Reagan_Monroe_Doctrine_TIME.pdf
Reagan, R. (1985, February 6) State of the Union Address. Retrieved on 4 February 2012, from http://www2.hn.psu.edu/faculty/jmanis/poldocs/uspressu/SUaddressRReagan.pdf
Employment at Will Doctrine
At-will employment is actually American Law's doctrine. It states that in the employment relationship, any of the parties involved can break the relationship anytime without any reliability. But only under the condition if no contract was signed regarding the definite term of the employment relationship. There is a whole set of doctrine which maintains and regulates such type of corporate associations. (C, 1996, pp. 375-376)
As a matter of fact, at-will employment involves a lot of issues which need to be seriously considered and discussed. Consequently, the company who hires such employees encounters certain scenarios which can be exceptional, specific or general depending upon the portfolio of the worker and the nature of the business a company does. Normally the management has to address them and it has to be done carefully in order to fix the things. Being the manager and supervisor of an accounting…
Budd, J.W. (2004). Employment with a Human Face: Balancing Efficiency, Equity, and Voice. Ithaca: Cornell University Press,, 86-88.
C, R.D. (1996). "The First Decade of Judicial Interpretation of the Montana Wrongful Discharge from Employment Act (WDEA),." In R.D. C, "The First Decade of Judicial Interpretation of the Montana Wrongful Discharge from Employment Act (WDEA)",.
Haymes, J., & Kleiner, B.H. (2001). "Federal and state statutory exemptions to At-Will employment. Managerial Law, 43.
Sandefur, T. (2010). The Right to Earn a Living: Economic Freedom and the Law. Washington, D.C., Cato Institute,, 235-236.
Quoted in "Strengthen Alliances..." Chapter III of "NSS" paper)
Not long after the unveiling of the Bush doctrine vide the NSS, the United States demonstrated its practical application by taking unilateral military action against Iraq despite opposition from most of its key allies and not having a specific UN Resolution to do so.
US Hegemony: Another key feature of the Bush doctrine that appeared in the NSS was that the United States was determined to maintain its military pre-eminence and worldwde military supremacy. It is explicitly state in the NSS policy document: "our forces will be strong enough to dissuade potential adversaries from pursuing a military build-up in hopes of surpassing, or equaling, the power of the United States." The intent to dissuade others from surpassing its military strength indicates a desire for U.S. hegemony. ("Transform America's National Security..." Chapter IX of "The NSS paper")
Actively Promoting Democracy, and Liberty…
Chronology: The Evolution of the Bush doctrine." Frontline: The War Behind Closed Doors. 2003. April 28, 2005. http://www.pbs.org/wgbh/pages/frontline/shows/iraq/etc./cron.html
Containment." Nuclearfiles.org. 1998-2005. April 28, 2005. http://www.nuclearfiles.org/kinuclearweapons/strat_containment.html
Containment" Wikipedia Article.2005. April 28, 2005. http://en.wikipedia.org/wiki/Policy_of_containment
Donnelly, Thomas. "The Underpinnings of the Bush doctrine." American Enterprise Institute. February 1, 2003. April 28, 2005. http://www.aei.org/publications/pubID.15845/pub_detail.asp
Shape and Place of Doctrine in Today's orld
A religion is a way of life. The more religious one considers oneself, the more that one has made a commitment to become closer to God, and to declare oneself a member of a specific community. Today's churches are the result of centuries of development. Bastions of tradition, most creeds hearken back to an earlier day. Their ways and general beliefs were largely fixed in another time and place, one that was often quite different from the world in which we now live. Christianity is only one of many world religions whose origin goes back to Ancient Times. Indeed, there are faiths still practiced today the origins of which pre-date Christianity by some considerable period of time. The earliest Hindu Scriptures were being recited even as the Pharaohs of Egypt thought themselves the greatest rulers in the world. Judaism, the faith that…
Cohen, Edmund D. The Mind of the Bible-Believer. Amherst, NY: Prometheus Books, 1988.
Fisher, George Park. History of Christian Doctrine. New York: AMS Press, 1976.
Hasson, Kevin J. "Religious Liberty and Human Dignity: A Tale of Two Declarations." Harvard Journal of Law & Public Policy 27, no. 1 (2003): 81+.
Hurst, L.D., ed. New Testament Theology. Oxford: Clarendon Press, 1995.
Christian Church: Doctrine and Politics
The doctrine and politics of the early Christian Church were intrinsically related to one another, particularly during the fourth and fifth centuries. During this crucial time period in which the Holy oman Empire (which had officially adopted the religion of Christianity) (Shelley, 2008, 1st page chptr 9) was attempting to expand, some of the fundamental principles regarding the nature of this religion and of Christology were widely debated and eventually solidified. There were political issues contributing to the initial debates regarding Christian doctrines, which in turn produced even greater political consequences regarding the solidarity of the Church. A look at several crucial ideas and events in the early Church reveals that Christian doctrine was greatly influenced by political motives and agendas.
The doctrine of Christianity became intertwined with politics once it became the official religion of the oman Empire, which was largely focused on expansion…
Noll, M. (2012). Turning points: Decisive moments in the history of Christianity. (3rd ed.). Grand Rapids, MI: Baker Academic. ISBN-13: 9780801039966 (Available as print text only)
Parys, M.J. (1970). The historical evidence on the Council of Chalcedon: The Council of Chalcedon as historical event. Ecumenical Review. 22(4), 305-320.
Shelley, B. (2008). Church history in plain language (3rd ed.). Nashville, TN: Thomas Nelson. ISBN-13: 9780718025533 (Available as print text only)
equitable doctrine of confidence in Australia
Currently there are no statutory laws that grant the "right to privacy" to individuals or corporations in Australia. Further, the common law from 1937 case of Victoria Park acing and ecreation Ground Co Limited v Taylor
up until 1973 with ABC v Lenah Game Meats
and Giller v Procopets
, identification of the right to privacy is essential to the Australian courts.
However, international instruments such as the Universal Declaration of Human ights Article 12 and the International Covenant on Civil and Political ights Article 17 both give the individual an inherent right to privacy. Notification should be that whereas Australia is not a member to the treaty of the International Covenant on Civil and Political ights, the country has always maintained in action that its laws and judicial decision will always carry the influence of the ICCP. The Charter of Human ights and…
United Nations (1948) Universal Declaration of Human Rights
Peter Bartlett (2010) Privacy Down Under: Journal of International Media and Entertainment
law Vol. 15 No. 1. Retrieved from
Australian Law Report Commission (2008) Australian Privacy Laws and Practice, Vol 3 Report 108
The right to use force in self-defense an important civil liberty and right, ensconced in the Second Amendment of the Constitution. Because of Second Amendment assurances, all Americans technically have the right to bear arms in self-defense. Some states have attempted to restrict Second Amendment rights, but the vast majority of states have implemented “some statutory version” of the Castle Doctrine (“What is the Castle Doctrine,” n.d.). In fact, some states like Florida have taken the Castle Doctrine a step further to invoke what are commonly called “stand your ground laws.” Whereas the Castle Doctrine only applies to a person’s “castle,” or home and private property, stand your ground laws can be invoked in any situation requiring self-defense. There is no real reason, evidence-based or otherwise, why Americans who are protected by the provisions of the Constitution should not be able to defend themselves if and when faced with a…
Kennedy Doctrine and the Cold War
In his inaugural address as the President of the United States on January 1961, John F. Kennedy (popularly called "JFK") delivered a message that directly discussed the United States' official stance regarding its move to implement a foreign policy waging a "cold war" against Communist forces that have been gaining popularity in Asia, South America, and parts of the Middle East during this period. his U.S. foreign policy, popularly called the containment policy against Communism, was the pretext from which the eventual Cold War between Democratic and Communist forces escalated until the 1970s. During this period, JFK was assigned the task of continuing the American legacy of democracy and liberty by promoting a campaign of international alliance and cooperation against the Communist forces. At this point, Communist forces were gaining ground in South America, increasing the threat to both American soil and the country's…
These words communicate the message that the support poor nations might be receiving from the Communist forces such as Russia/Soviet Union (one of the stronger forces promoting Communism worldwide during this time), can be met and equaled by the United States, without sacrificing their liberties and human rights. JFK reiterated that human rights are given by the "hand of God," and not from the "generosity of the state," which characterized the complete control of the state/government under the Communist/Socialist society (Kennedy 1961). The doctrine ended with a reminder to United States allies to cooperate and join forces with the American government in its fight for democracy and freedom, as well as the containment of Communism worldwide. He presented a challenge to the American government's ally nations in "defending freedom in its hour of maximum danger," signaling the serious threat that Communism presented to the U.S. during JFK's term (Kennedy 1961). With its direct reference against Communism and its political and military forces in South America and neighboring countries of the United States, the doctrine had indeed solidified the country's fight against Communism -- albeit diplomatically and without the threat of weapons. It was hoped that the United States could prevent the Cold War with the U.S.S.R. from requiring military action and thankfully the war ended without either side having to fire a single shot.
Analysis of the U.S. government's containment policy during JFK's term as president was, in hindsight, shown to be geo-politically and economically-motivated. Leffler's (1984) explication of the United States' containment policy against Communist nations such as the Soviet Union was mainly a response to protecting U.S. interests in South American nations. During JFK's term, the U.S. had numerous interests in the region, which the author called the country's "strategic sphere," having established an "overseas base, air transit rights" that were beneficial to U.S. national security (Leffler 1984,-page 348). With Communism influencing nations in the South American region, the U.S. stood to lose all these strategic benefits, increasing the risk of its security from a geopolitical standpoint. A similar assessment was developed by Naji and Jawan (2011), who contended that what motivated the U.S. government to contain Communism in the Middle Eastern was not so much about the principles of democracy and freedom, but to protect its economic interests in the oil-rich region, as most of the oil companies are either owned, operated, or supported by U.S. companies (page 206-7). The imperative thing for the government was in keeping control of valuable resources and ensuring that these same resources remained out of the hands of the enemies of the American government.
Considering the effects that the containment policy contributed to international politics and the world order during JFK's time, it can be said that the policy made nations rethink about the world order and status quo as it stood
Similarly, George Caleb Bingham depicts visually how merican political campaigns shifted their focus from appealing mainly to an elite body of male voters toward pandering to the public. Bingham portrays a group of voters clamoring to be heard, marking changes in the ways merican citizens viewed their role in the political process.
Using lofty language, Daniel Webster writes a Second Reply to Robert Y. Hayne regarding the debate over states' rights vs. federal authority. The debate continues until this day, and has always been a unique feature of merican politics. In fact, the Webster passage foreshadows the arguments that preceded the Civil War over whether states had the right to perpetuate the institution of slavery or whether the federal government had the ethical obligation to override state sovereignty. Webster's argument is clear and focused, urging a cohesive union…
Although it was rare for women to become vocal in political affairs before the 20th century, Margaret Bayard Smith wrote a compelling passage about the hotly contested 1823 election. The narrative describes the bitterness inherent in negative campaigning, still extant in American politics today. One of the most compelling aspects of Smith's writing is its description of the American political process as being able to temper a mob mentality with sound, civilized judgment: the true democratic process.
Similarly, George Caleb Bingham depicts visually how American political campaigns shifted their focus from appealing mainly to an elite body of male voters toward pandering to the public. Bingham portrays a group of voters clamoring to be heard, marking changes in the ways American citizens viewed their role in the political process.
Using lofty language, Daniel Webster writes a Second Reply to Robert Y. Hayne regarding the debate over states' rights vs. federal authority. The debate continues until this day, and has always been a unique feature of American politics. In fact, the Webster passage foreshadows the arguments that preceded the Civil War over whether states had the right to perpetuate the institution of slavery or whether the federal government had the ethical obligation to override state sovereignty. Webster's argument is clear and focused, urging a cohesive union united under common goals.
His objection to Capitalism is that it forces the market division upon the worker - it creates and monopolizes opportunities such that the independent producer is unable to survive and thus men are forced into relationships where others (managers, owners) dictate the course of their day, the purpose of their labor, and grants the credit and benefit of that labor go to the company and not to the worker. The capitalist, "profits...by the division of labor and...by the advance which human labor makes on the natural product. The greater the human share in a commodity, the greater the profit of dead capital," (39).
The diversity of humanity is critical to its survival. The truth is that Marxism never took off, would never have been successful, and was never successful in any variation that it took. Marx gives this away when he says, " the human essence of nature first exists…
Marx, Karl & Engles, Freiderich. Economic and Philosophic Manuscripts of 1844 Karl Marx. Martin Milligan, Translator. New York: Prometheus Books, 1988.
After all, if there is an infinite God, then it becomes easy to assume that he is an all-powerful God. If there is an all-powerful God, it is difficult to argue against the idea that he controls every action, which would be an argument in favor of final causation. Spinoza's challenge to the idea of final causation and even an argument against the idea of something like predestination comes down to the notion that it is impossible to give human motivations to God or nature. The problem with that argument is that it is impossible to know God's motivations. They may be so different from human motivations that humans cannot contemplate cause and effect on a divine level. However, it is also possible that God's motivations are very human. The problem with Spinoza's argument that human beings cannot define or limit God is that, in the argument, he is actually…
A company cannot refuse to hire someone with sickle cell anemia (a disease that primarily affects persons of African ancestry), because the person might require costly health insurance, for so long as the person was strong enough to perform the job, discrimination would not be acceptable as it would affect persons disproportionately of one racial category.
Explain trade secret and how it could be protected legally and in day-to-day operations. Provide an example.
According to Nolo.com, an online legal dictionary, a trade secret is:
in] most states, a formula, pattern, physical device, idea, process, compilation of information or other information that 1) provides a business with a competitive advantage, and 2) is treated in a way that can reasonably be expected to prevent the public or competitors from learning about it, absent improper acquisition or theft" ("trade secret, 2007, Nolo.com). Perhaps the most famous trade secret in business is…
Elias, Stephen. (1998)."Trade Secret Law: Overview." Nolo Press. Retrieved 8 Apr 2007 at: http://www.marketingtoday.com/legal/tradesec.htm#1
Estoppel." (2007). Nolo.com. Retrieved 8 Apr 2007 at http://www.nolo.com/definition.cfm/term/7F1E56D5-7EC1-4CEB-86B3943F6990FF77
Messiha, Dominic J. & Hillary R. Ross. (May 2006). "EEOC Revises Compliance
Manual to Target More 'Contemporary' Forms of Discrimination." ASAP: Littler Mendelson Time Sensitive Newsletter. Retrieved 8 Apr 2007 at http://www.littler.com/collateral/print/61A7D18C32514B88187D50664174D11F.html
Today's working or business environment is increasingly changing and generating several issues that employers have to contend with. These numerous issues have considerable impacts on organizational operations since they affect the relationships between employees and their employer as well as interactions between employees. The most common issues that can threaten an organization's effective operations include insubordination, privacy issues, personal problems, and use of the Internet in the working environment. Employers are increasingly faced with the need to establish suitable mechanisms and measures for addressing these issues in order to enhance organizational productivity. The Employment-at-Will doctrine is one of the major ways through which employers can address some of these issues. As a recently hired Chief Operating Officer, I'll use the Employment-at-Will doctrine to address some issues that have been identified in mid-sized firm preparing for an IPO.
Overview of Employment-at-Will Doctrine
The National Conference of State Legislatures (n.d.) states…
Hendricks, D. (n.d.). How to Manage an Employee Who Doesn't Respect You. Retrieved April 30, 2016, from http://www.inc.com/drew-hendricks/how-to-manage-an-employee-who-doesn-t-respect-you.html
National Conference of State Legislatures. (n.d.). The At-Will Presumption and Exceptions to the Rule. Retrieved April 30, 2016, from http://www.ncsl.org/research/labor-and-employment/at-will-employment-overview.aspx
Pasternak, S. (n.d.). The Role of Ethical Theories in Ethical Reasoning and Behavior within Organizations. Retrieved April 30, 2016, from http://www.ti-israel.org/_Uploads/dbsAttachedFiles/sigalitpasternak.pdf
WKRG Staff. (2015, July 22). Alabama Man Fired Over Confederate Flag. News 5. Retrieved April 30, 2016, from http://wkrg.com/2015/07/22/alabama-man-fired-over-confederate-flag/
It can be presumed that in any dogmatic definition to come the pope will never act without the fullest consultation with the Church, as is seen to-day with regard to the Assumption of the Virgin. This however does not alter the fact that from 1854 as de facto date and from 1870 as the date de jure, the pope is the normal organ of dogmatic definition for the Church. (Miegge, 1955, p. 130)
Church doctrine as a bond of communion, as an expression of piety, as the development of a confession of faith, forms the conception of dogma in the history of religion. "It has been said with reason that the doctrine of the Last Judgment was at once "the care and also the consolation of the Middle Ages." (Petry, 1956, p. 334) Doctrine is the written expression and beliefs that as proposed in the Bible. One does not speak…
Chantepie De La Saussaye, P. (1891). Manual of the Science of Religion (Colyer-Fergusson, B.S. & Mudcller, M., Trans.). New York: Longmans Green.
Miegge, G. (1955). The Virgin Mary: The Roman Catholic Marian Doctrine (Smith, W., Trans.). Philadelphia: Westminster Press.
Petry, R.C. (1956). Christian Eschatology and Social Thought: A Historical Essay on the Social Implications of Some Selected Aspects in Christian Eschatology to a.D. 1500. New York: Abingdon Press.
Pacifism -- a Doctrine of Non-Violence
Pacifism is a theory which provides the basis of anti-violence behavior. It is an ideology which defines the permissibility of violence on the basis of morality and ethics. Where pacifism is appreciated and consider as a necessary behavior required for having stability in a society as it promotes tolerance; a lot of criticism has also been made on this particular theory. It is said that Pacifists are inconsistent. For they consider violence (or war) an absolute evil; but an absolute evil must be resisted by all necessary means, and pacifists reject using violence (or war) even when it is such a necessary means. The strict nature of this theory gives rise to a confused situation where decision regarding justification of war and violence, is difficult to ascertain.
Pacifism is the fundamental ideology of all those who are against initiating and contributing in a war.…
Buckham, J.W. (1916), The Principles of Pacifism, The Biblical World, Vol. 48, No. 2 (Aug., 1916), pp. 88-90, The University of Chicago Press, Retrieved from http://www.jstor.org/stable/3142284
Comte-Sponville, A. (1996).A Small Treatise on the Great Virtues. New York: Henry Holt andCompany.
Ihara, C.K. (1978).In Defense of a Version of Pacifism. Ethics, 88(4), 369-374. Retrieved from http://www.jstor.org/stable/2380242
Kelley, A. (2006).Toward a Reformulation of the Doctrine of Pacifism. In J. Kultgen & M. Lenzi (Eds.), Problems for Democracy. New York: Rodopi.
New Hampshire (1971) had mandated such.
This case had tremendous effect on our criminal justice system in that it removed the inadvertence requirement from one of the exceptions to the Fourth Amendment. This requirement had called for a search warrant to specify the items that were to be searched for and seized, and anything else that was discovered had to be done inadvertently. Previously, the U.S. Supreme Court had held that in order for the police to seize evidence not mentioned in a warrant, they must find it inadvertently and it must be in plain view, which is required by the plain view doctrine. The plain view doctrine is the rule that says a law enforcement officer may make a search and seizure without obtaining a search warrant if evidence of criminal activity or the product of a crime can be seen without entry or search. However, in Horton v.…
Horton v. California, 496 U.S. 128. Supreme Court of the U.S. 4 June 1990.
"Plainview Doctrine." The Free Legal Dictionary. n.d. 26 March 2009 <
Raffles v. Wichelhaus- Mutual Mistake
The doctrine of mutual mistake is a defense used to avoid liability under a contract, because mutual assent is necessary for the creation of a contract. To use the doctrine of mutual mistake, an adversely affected party must demonstrate that both parties to the contract had erroneous assumptions regarding the same fact (Mallor, 246). Furthermore, to avail oneself of the doctrine of mutual mistake, a party must demonstrate the following three elements: "1. The mistake relates to a basic assumption on which the contract was made. 2. The mistake has a material effect on the agreed-upon exchange. 3. The party adversely affected by the mistake did not bear the risk of the mistake" (Mallor, 246). Unless these three elements are met, a party is not entitled to use the doctrine of mutual mistake to excuse non-performance of a contract.
The first element in a mutual…
Negligence Claim and the Doctrine of espondeat Superior
The situation at Don and his wife barbeque party is an example of a negligence and product liability case that resulted in significant burns on John's body. While Don was did not know that the can of lighter fluid had several leaks, his actions and their consequences make him liable for negligence. In addition, the lighter fluid maker is liable for the product because of the leaks which generated inherent danger on users. Therefore, John should file a lawsuit against Don for negligence and sue the company that manufactures lighter fluid for product liability it had leaks with inherent danger that caused significant damage on his body.
In the lawsuit against Don for negligence, John should claim that Don did not use the required standard of care when using the lighter fluid because of the probable danger associated with such products. Generally,…
Sommerville, K.L. (2007). Hospitality employee management and supervision: concepts and practical implications. Hoboken, NJ: John Wiley & Sons.
"What Can You be Liable For and Why?" (n.d.). Royal Society of Chemistry. Retrieved August 10, 2015, from http://www.rsc.org/images/4_liable_tcm18-17646.pdf
"What is Product Liability?" (n.d.). Find Law. Retrieved August 10, 2015, from http://injury.findlaw.com/product-liability/what-is-product-liability.html
Prayer and the Death of Christ
Christian living today entails a number of important doctrines and actions, all aimed towards uplifting the individual's soul to a better relationship with God. As such, the Bible acts as a guide towards better Christian living and having a close and fulfilling relationship with the divine. Particularly, two doctrines that are central to Christian living include prayer and the death of Christ. Particularly, prayer helps the Christian individual to communicate with God on various levels, while Christ's death has profound meaning as the central premise of Christianity.
The Bible Encyclopedia (n.d.) defines prayer as a "conversation with God," in which the individual addresses God directly. Prayer can be offered either orally or mentally. A person can be in constant or occasional prayer, and it can be either spontaneous or formal. In the Bible, several phrases have been used to describe prayer, including…
Bible Encyclopedia (n.d.) Prayer. Retrieved from: http://christiananswers.net/dictionary/prayer.html
Bredenhof, W. (2012). The meaning of Christ's Death. Retrieved from: http://www.theseed.info/sermon.php?id=855
Elwell, W.A. (2014). Death of Christ. Bible Study Tools. Retrieved from: http://www.biblestudytools.com/dictionaries/bakers-evangelical-dictionary/death-of-christ.html
Von Buseck, C. (2014). Three Keys To Answered Prayer. Christian Broadcasting Network. Retrieved from: http://www.cbn.com/spirituallife/biblestudyandtheology/discipleship/vonbuseck_threekeysprayer.aspx
ush and Iraq
According to the original reasoning behind ush's war on Iraq, Saddam Hussein's regime posed a terrorist threat to the free world, however (subsequent to evidence emerging in the press that this threat was exaggerated, if not fabricated) in more recent statements the ush administration has strongly implied that the war was justified not on the basis of freeing the world of terrorists but because Hussein was a brutal dictator and Iraq needed to be freed from his rule. The idea that the war on terror is actually a war to bring democracy to the world is one which may coincide somewhat with the controversial ideas espoused by Fukuyama, who taught that History (which is to say the evolution of society, not the happening of events) would end when all nations were converted to western liberal democracies and engaged in the global consumerist culture. Perhaps, some might argue,…
Glaser, James. "Puppet governments don't need fair and honest elections" Reader Weekly, Issue 286, September 30, 2004.
Hersh, Seymour. 'Selective Intelligence', The New Yorker, Oct 14, 2003
Kaplan, Robert. 'Calling Out Colin', Slate 2003.
Rule of Law and Extra-Legal Doctrines
The rule of law does not need to be supported or expanded by "extra-legal" doctrines of morality. The laws as they exist today in this country are based upon a system of morality that has evolved over thousands of years. Our laws embody this system of morality and do not need to be supported by other doctrines of morality. Moral notions of good and bad laws exist to prevent the government from abusing the rights of its citizens. In order for the rule of law to allow a government to exercise power, governments should not execute laws in arbitrary fashion. Those who make and enforce the law are themselves bound to adhere to it. "The legislative department shall never exercise the executive and judicial powers or either of them: the executive shall never exercise the legislative and judicial powers, or either of them: the…
This is an expectancy coming into its form in the context of the passage from Matthew 28:19. (Hagner, 421)
Scriptural testimony shows the chosen passage to be ensconced in the symbolic importance of the narrative Jesus to the Christian identity. Most particularly, Matthew 28 is concerned with the resurrection of Christ and the command associated with it to go forth and preach the word of this miracle. So is this recorded in the text by Davies & Allison which tells that the disciples were "instructed by the risen Lord to make disciples of all nations, 'teaching them to observe all that I have commanded you.'" (Davies & Allison, 639)
Interpretation of Others:
The interpretations of others would help to drive the importance of this passage and the broader importance of the whole gospel of Matthew. Here, Luz & Linss remark that "because Matthew is the chief Gospel of…
Davies, W.D., and Dale C. Allison. A Critical and Exegetical Commentary on the Gospel according to Saint Matthew. 3 vols. International Critical Commentary. Edinburgh: T&T Clark, 1988, 1991, 1997.
France, R.T. The Gospel of Matthew. The New International Commentary on the New Testament. Grand Rapids: Eerdmans, 2007.
Hagner, Donald A. Matthew 14-28. Word Biblical Commentary. Dallas: Word, 1995.
Luz, Ulrich. Matthew 1-7: A Commentary. Minneapolis: Augsburg, 1989.
- these actions are not punished by the law because, while immoral according to many, they do not cause injury to the rights of others.
Adam Smith further emphasizes the centrality of property rights. For Smith, the ownership and acquisition of private property is an essential right that contributes to and maintains individual well-being. Individuals who do not own property are individuals with no real say in their own affairs, and no voice in their government. Smith cites the case of the plebeians in the Roman Empire as an example of a class of people who were purposely kept from ownership of the land as a means of keeping power in the hands of the patricians.
He also makes reference to the slaves of his own day, and to residents of nations where a king may, at his own discretion, dispose of his subjects' property, as examples of conditions under…
Kant, Immanuel. Fundamental Principles of the Metaphysic of Morals. Trans. Thomas K. Abbott. New York: Liberal Arts Press, 1949.
Locke, John. A Letter concerning Toleration. 2nd ed. Indianapolis: Liberal Arts Press, 1955.
Susanna Wesley appealed to the idea of vocation in defending her practice of holding Sunday evening gatherings. Samuel Wesley spoke of the "inner witness" during his final witness. Describe a Wesleyan understanding of the Holy Spirit in conversation with one of these influences.
John Wesley's view of the Holy Spirit was a being that enabled the believer to love others as he loved himself and to enable the believer to participate in a universal spirit of divine love and grace (Wesley, 1980, p. 109). The Holy Spirit is a vehicle of grace that brings human beings to God by virtue of working upon their inner spirit. The fact that the Trinity has a component which is so mysterious underlines the notion that believers have a personal relationship with God that is manifest through faith alone. The Holy Spirit, like faith itself, is inwardly rather than outwardly visible. But it is…
Wesley, J. (1980). John Wesley (Library of Protestant Thought). A. C. Outler (Ed.). Oxford:
Wesley, S. (1742). A letter by his mother. Retrieved from: http://carlarolfe.com/swesley.pdf
Doctrine of the Holy Trinity
The Doctrine of the Trinity and Anti-Trinitarian Theologies:
Servetus, Milton, Newton
The Doctrine of the Trinity
The Arian Heresy
Anti-Trinitarianism Part I: Michael Servetus
Anti-Trinitarianism Part II: John Milton
Sir Isaac Newton
The Arian heresy -- or rejection of the Christian doctrine of the Holy Trinity -- is actually relatively uncommon among contemporary Christian denominations; to pick one particular national example, Post-Reformation England would tolerate a broad array of theological stances -- from the dour Calvinism of the early Puritans to the sunnier Arminianism of the esleyan Methodists -- but more or less drew the line at anti-Trinitarianism. Yet it is remarkable that some of England's greatest intellectuals -- including the epic poet John Milton and the father of modern physics Sir Isaac Newton -- would secretly author theological works reviving the old heresy of Arius in order to disprove the Christian doctrine of the…
Bouwsma, William J. John Calvin: A Sixteenth Century Portrait. New York and London: Oxford University Press, 1988.
Catholic Encyclopedia, "Nicene Creed." http://www.newadvent.org/cathen/11049a.htm (accessed 21 March 2011).
Grudem, Wayne. Sytematic Theology. Grand Rapids; Zondervan, 1994.
Hill, Christopher. Milton and the English Revolution. New York: Viking, 1978.
(Mahnken and Maiolo, 2008, p. 339); (Friedman, 2003); (Military Doctrine, Guerrilla Warfare and Counterinsurgency, 2003)
"Disaggregation" could provide a new strategy for the counterinsurgency model for its war against terrorism. Disaggregation would involve prohibiting links between theaters, preventing global or regional insurgents to associate with or exploit potential local terrorists, disrupting the flow of information, propaganda and materials within and between jihad hotspots, abolishing sanctuary areas, identifying and isolating radical elements from the local populace and interrupting inputs from Islamist sources emanating from the greater Middle East. This new approach must address the problem at three levels -- local, regional and global levels. (Mahnken and Maiolo, 2008, p. 339); (Friedman, 2003); (Military Doctrine, Guerrilla Warfare and Counterinsurgency, 2003)
Lessons Learnt by the U.S. Marines and the U.S. Army
The lessons learnt by the U.S. Army and the Marine Corps in Vietnam were profound but were soon forgotten, but the recent…
Amstutz, Mark R. 2005. International ethics: concepts, theories, and cases in global politics. Rowman & Littlefield.
Boot, Max. 2009. A New Counterinsurgency in Afghanistan. [Online]. Available at:
http://www.commentarymagazine.com/viewarticle.cfm/a-new-counterinsurgency-in-afghanistan-15116 [accessed 28 April 2008]
Cassidy, Robert M. 2006. Counterinsurgency and the global war on terror: military culture and irregular war. Greenwood Publishing Group.
Bush doctrine AND THE EMERGING NATIONAL SECURITY STRATEGY
The 'Bush doctrine' has diverse meanings especially in the enhancement U.S.' security. Nonetheless, the Bush doctrine is simply a defensive strategy that was created by the 43rd U.S. president, George Bush. The plan was designed and directed towards actions that should be done amidst the instantaneous danger to U.S. security. The Bush doctrine contained a number of safety principles that were termed as prongs, three of which are practical, while one is mostly impractical. The doctrine's first point held the notion that terrorists and the countries supporting them were not different and had to be treated equally. This was designed to manage countries that would pose some threat to the U.S. The second prong urged the U.S. government to take the first step of attacking the terrorists' breeding grounds before they make the first step of attacking America. This prong was supposed…
Montanism / Theology
Like many early heresies, Montanism has not left behind much in the way of written testimony: only one Montanist writer, Tertullian, has works that survive, and it is primarily in his work that the statements of the Montanist movement (Montanus, Prisca and Maximilia) survive in quotation. Gonzales notes that, among many differing interpretations of Montanism, one view sees them as something like "an early Pentecostal group." [footnoteRef:0] It is clear from accounts of Montanism that it included the emphasis on the Holy Spirit, including manifestations of glossolalia, that are seen in contemporary Pentecostals. ut overall, Montanus seems to have combined several contradictory impulses into his schismatic movement. The first hinged upon greater involvement of women in ministry: the heresy of Montanus is seldom mentioned without reference to "those demented women Prisca and Maximilia," as Saint Jerome calls them in his letter to Marcella refuting the Montanist heresy.[footnoteRef:1]…
Gonzales, Justo L. And Gonzales, Catherine Gunsalus. Heretics for Armchair Theologians. Louisville: Westminster John Knox Press, 2008.
Saint Jerome, Letter XLI. Accessed online at: http://www.ccel.org/ccel/schaff/npnf206.v.XLI.html
Saint Justin Martyr, First Apology XXVI. Accessed online at: http://www.crossroadsinitiative.com/library_article/269/first_apology_of_st._justin_martyr.html
Swift, Jonathan. A Tale of a Tub. Accessed online at: http://www.online-literature.com/swift/tale-of-a-tub/8/
List and explain five (5) ways that show how authentication or identification of physical evidence can be accomplished (also called "laying the foundation").
Authentication of physical evidence can be accomplished by:
Testimony of a witness who has first-hand knowledge. This is enough for authentication if the person involved has personal diligence that a matter is what is claimed to be.
A non-expert person who must have been well-acquainted with the specimen and did not acquire the knowledge for the purpose of betrayal, such as a spouse or roommate.
Allowing the jury or an expert to put in comparison the evidence purported with the specimens which have been authenticated is enough for authentication.
Distinctive qualities and associated circumstances such as sending a bill to a particular address and getting payment from the bill or other appearance, contents, substance, as well as other internal design qualities when admitted together with…
Dressler, J. (2002). Understanding Criminal Procedure. Newark, New Jersey: LexisNexis.
Gaines, L., & Miller, L. (2006). Criminal Justice In Action: The Core. Belmont, California:
S.Bransdorfer, M. (1987). Miranda Right-to-Counsel Violations and the Fruit of the Poisonous
260). This cosmological discussion is one reason Origen is said to have "created, indeed embodied, the first model of a scientific theology;" his approach to the notion of metempsychosis, like nearly all of his theological work, is rooted in a steadfast determination to distinguish "between the dogmata of the church tradition and the problemata which were to be discussed" according to reason, logic, and a prototype of the scientific method (Kung 1994, pp. 48-49). As will be seen, Origen's focus on not-yet-determined points of Christianity would ultimately contribute to his condemnation as a heretic, because could be considered genuine, innocent investigation in the third century would rapidly become dangerous propaganda to the Church's ruling powers.
Origen's description of an ultimate, total reunification should not be taken to mean that he is arguing that the actions one takes within the temporal world is meaningless, since everything will ultimately be united once…
Bovon, F. 2010, "The Souls Comeback: Immortality and Resurrection in Early Christianity,"
Harvard Theological Review, vol. 103, no. 4, pp. 387-406.
Bowen, F. 1881. "Christian Metempsychosis." Princeton Review, May, pp. 316-341.
Clergymen of the Church of England. 2010. Reincarnation and Christianity. Kila: Kessinger
(egan & egan, 2002) All the health care workers are surely part of some form of administration or a unit. Contrastingly, this law will not be applied to private practices because in those cases, only the direct health care worker is considered responsible. This brings us to the idea of shared responsibility of a certain situation. This doctrine can be applied to the administration because at the end of the day it is the administration that overlooks the hiring of the medical workers. Under the major principles of vicarious liability, one person can be held responsible because of a negligence caused by someone else. (Larson, 2005)
Vicarious liability most commonly occurs when the accused carries out an action with in employment. The person who does the mistake which could either be a nurse or a doctor does so to pursue the employer's interest. Because the employer and the…
Bal, B. And Brenner, L. (2010). Medical negligence and breach of duty claims can be separated by the courts | Orthopedics Today. [online] Retrieved from: http://www.healio.com/orthopedics/business-of-orthopedics/news/print/orthopedics-today/%7B161f8d10-bbdb-4a75-9830-2ad1d4486d75%7D/medical-negligence-and-breach-of-duty-claims-can-be-separated-by-thecourts [Accessed: 16 Jul 2013].
Larson, A. (2005). Negligence and Injury Lawsuits. [online] Retrieved from: http://www.attorneys-usa.com/negligence/negligent_injury.html [Accessed: 16 Jul 2013].
Prosser, W. (1949). Res Ipsa Loquitur in California. California Law Review, 37 (2), pp. 183-234.
Regan, J. And Regan, W. (2002). Medical Malpractice and Respondeat Superior. Southern Medical Journal, 95 (5).
Mapp V. Ohio
Over the centuries, there has been considerable debate as to the application of the Bill of ights when it comes to the states. This is because a series of court cases decided it was only relevant when it came to the federal government (i.e. Barron v. Baltimore and United States v. Cruickshank). However, with the passage of the Fourteenth Amendment, these states were obligated to follow them. This has shifted the debate as to if this aspect of the Constitution is relevant to state and local officials. To determine if this is correct requires examining a fictional case in contrast with Mapp V. Ohio. This will be accomplished by carefully studying the facts of the case, the Fruit of the Poisonous Tree Doctrine (under Mapp V. Ohio), the application of the rule of law and discussing how this would affect the ruling from the fictitious scenario. Together,…
Barron V. Baltimore. (2007). Constitution.org. Retrieved from: http://constitution.org/ussc/032-243a.htm
The Fourth Amendment and the Exclusionary Rule. (2012). Find Law. Retrieved from: http://criminal.findlaw.com/criminal-rights/the-fourth-amendment-and-the-exclusionary-rule.html
Mapp V. Ohio. (2010). Cornell School of Law. Retrieved from: http://www.law.cornell.edu/supct/html/historics/USSC_CR_0367_0643_ZO.html
US V. Cruickshank. (2010). Find Law. Retrieved from: http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=92&invol=542
The 1956 Suez Canal Crisis caused an indirect confrontation when America's allies France, Britain, and Israel made an unsuccessful military attempt to take over the Suez Canal from the Soviet Union's ally Egypt. After the U.S.S.. threatened to become militarily involved in the crisis, the U.S. forced its allies to concede defeat.
The 1962 Cuban Missile Crisis occurred after the U.S. discovered that the U.S.S.. had secretly supplied Cuba with nuclear-armed missiles. This discovery was especially alarming because now the U.S.S.. could militarily subdue its rival by easily launching missiles against it. After a naval blockade around Cuba and intense negotiations the U.S.S.. was finally made to remove the missiles in exchange for the U.S. pledge not to overthrow Cuba's Communist regime.
The Cold War." (N.D) in the Microsoft Encarta Encyclopedia Standard 2005 CD.
The Cold War." (N.D) in the Microsoft Encarta Encyclopedia Standard 2005 CD.
mechanics of the mercantilist doctrine from the incipit of the early modern period in Europe, with special focus on the role of the North American colonies in the ritish mercantilist endeavors.
Mercantilism was the leading economical belief system to support the attempts of regimes and great European powers of the 17th century to organize their economic existence. The reasons standing behind mercantilism originated from the need to provide a solid structure for the financial foundation of "the nation-state -- the emerging post-medieval governmental mode that rapidly replaced feudal localism in northern and Western Europe after the mid-fifteenth century" (McCusker, 1996, p. 337), in order to ensure the survival and prosperity of the state. Specifically, nationalism held the promise of political stability and better living prospects for everyone, bringing considerable improvement to the prior era's imbalance.
The majority of early modern Europe countries, starting with Spain, Portugal, and Great ritain, adopted…
Feldmeth, Greg D. "Early British Colonial Trade Regulations" U.S. History Resources. Last modified June 24, 2004. http://home.earthlink.net/~gfeldmeth/USHistory.html
McCusker, John J.. "British Mercantilist Policies and the American Colonies." In The Cambridge Economic History of the United States, edited by Stanley L. Engerman and Robert E. Gallman, 337-363. New York, NY: Cambridge University Press, 26 April 1996.
Kant was no exception to the paradigmatic priorities (i.e. objectivity as knowledge) of the era, and brief reference to the episteme is serves accuracy in discursive analysis of this heritage within American politics and policy thought. For instance, Kant's Critique of Judgment is enormously influential in establishing a connection between judgment and political and moral precepts to conduct in communities. Intellectual lineage to Kant's model of Enlightenment 'reason" combines ritish Empiricism with Continental Rationalism; and partly explains why his philosophical proposition that the existence of persistent war against non-liberal states is a requirement to perpetual peace is reiterated in scholarly expiation since the Enlightenment period, making Perpetual Theory of War as lasting as seminal reference (ehnke, 2009, Caranti, 2006 and Murray, 2003). Discourse Analysis toward the study's cause-and-effect analysis is derived from speeches and interviews taken from the ush administration in Table 1.
President ush -- Speeches and…
Behnke, a. (2009). Eternal Peace, Perpetual War? A Critical Investigation into Kant's Conceptualisation of War. Conference Papers -- International Studies Association, 1-18.
Bolton, J. (2010). Obama's Next Three Years. Commentary, 129(1), 24-28.
Brose, C. (2009). The Making of George W. Obama. Foreign Policy, (170), 52-55.
Caranti, L. (2006). Perpetual War for Perpetual Peace? Reflections on the Realist Critique of Kant's Project. Journal of Human Rights, 5(3), 341-353. doi:10.1080/14754830600812357.
Stare decisis, from the Latin meaning "to stand by that which is decided," is a judicial doctrine, which provides that precedent decisions are to be followed by the courts ('Lectric). The doctrine of stare decisis has developed in common-law legal systems, which enable judges to create law through judicial interpretation. In contrast, jurisdictions with a civil-law legal system reject the doctrine of stare decisis, because civil-law systems require a stricter separation between the legislative and judicial branches. The United States' legal system developed from a common-law base and embraces the doctrine of stare decisis.
Although the doctrine of stare decisis appears, at first blush, to give great power to the judicial branch, it is actually a judicial discretion constraining device. If the legislature is unhappy with a high court's interpretation of a law, it can change the law to reflect the actual legislative intent. However, if the legislature is content…
Amar, Akhil R., and Vikram Amar. "Precedent on the High Court: More On." FindLaw. 2002.
FindLaw. 28 Feb. 2005 .
Lessner, Richard. "Staring Down Stare Decisis." National Review. 2003. National Review. 28
Feb. 2005 .
Post War Iraq: A Paradox in the Making: Legitimacy vs. legality
The regulations pertaining to the application of force in International Law has transformed greatly from the culmination of the Second World War, and again in the new circumstances confronting the world in the aftermath of the end of the Cold War. Novel establishments have been formed, old ones have withered away and an equally enormous quantity of intellectual writing has studied this, which is debatably the most significant sphere of international law. Any discussion on the lawful use of armed force ought to start with the United Nations Charter. The Charter redefined understanding of the legitimacy of the application of force by outlining situations under which it is allowed.1
The guiding theory of the Charter is affirmed in its Preamble that armed forces should not be used except in the general interest. Article 2(4) of the Charter preserves this…
Bailey, Sydney D. Four Arab-Israeli Wars and the Peace Process. Palgrave: Macmillan, 1990
Barber, Benjamin. Fear's Empire: War, Terrorism and Democracy. W.W. Norton and Company, 2003
Barton, F.D; Crocker, B. Winning the Peace in Iraq. Washington Quarterly Volume: 26, Number: 2. Spring 2003, pp. 7-22.
Bijl, Nick van der. Nine Battles to Stanley. Pen and Sword Books, 1999
interventionism from the perspective of realism vs. idealism. Realism is defined in relationship to states national interests whereas idealism is defined in relation to the UNs Responsibility to Protect doctrine -- a doctrine heavily influenced by Western rhetoric over the past decade. By addressing the question of interventionism from this standpoint, by way of a case study of Libya and Syria, a picture of the realistic implications of "humanitarian intervention" becomes clear. Idealistically, humanitarian interventionism is a process that stops atrocities and establishes peace and prosperity. Realistically, interventionism allows Western businesses to reap the spoils of destabilization -- as has been seen in Libya with the Libyan oil fields being claimed by Western oil companies -- and as is being seen in Syria, with the threat of invasion bound to have detrimental effects on the construction of a new pipeline that bypasses the Turkey-Israel pipeline. Syria also presents itself as…
'Violent chaos': Libya in deep crisis 2 years since rebels took over', 2013, RT, 26 Aug.
Available from . [24 Aug 2013].
Weiner, T 2008, Legacy of Ashes, Anchor Books, NY.
Mo Tzu, just like Confucius did, spend time and ducats travelling from one part to another, and advising leaders and those in authority of the importance of his universal love revolutionary implementation. They were even thought to be working totally apart, yet the two shared ancestral Chinese heritage. It is clear that the Confucius disciples were from different classes of society, and they searched for individuals who would be easily enlightened to be their follower, and adopt there doctrines. The history of the Mohists is however unclear, with suggestions relating to them slaves and detained prisoners, due to the fact they were ascetics (Chan, p. 212).
Current condition of human kind
In psychology, change has always been a factor of concern, as it defines the difference between the ancient and current human being. This change is brought about by the continuous universe changes and is usually due to the global…
Chan, Wing-Tsit. A Source Book in Chinese Philosophy. New Jersey: Princeton University Press. 1963. pp 1-883.
The main causes of the war relied in the issue of slavery as well as the right of the states to be part of a federal entity with equal rights and voices. The implications for this war were enormous as it provided a different future for the colonies and for the U.S. As a whole.
The main cause of the war was, as stated, the issue of slavery. In this sense, the Mexican war played an important role. It pointed out the importance of the slavery issue even in an apparently international situation. The Wilmot Proviso is essential in this way. Thus, it represented an additional act to a bill that enabled the U.S. To satisfy the financial needs of Mexico. The act in itself however was not passed because it pointed out the fact that none of the territories acquired during the Mexican war should be opened to slavery;…
Africans in America. The Compromise of 1850 and the Fugitive Slave Act. 2007.Available at http://www.pbs.org/wgbh/aia/part4/4p2951.html
Caughey, John Walton. The California gold rush. University of California Press: Berkeley, 1975.
Civil Rights Act of 1866. Historycentral.com. 2000. Available at http://www.historycentral.com/documents/civilrightsact.html
Cornell University Law School. "13th Amendment." United States Constitution. 2010. Available at http://topics.law.cornell.edu/constitution/amendmentxiii
Legal Precedent and the Legal System
The principle of stare decisis is a legal principle that suggests that courts rule consistently with case precedent or cases that have been previously decided. The doctrine originated from the common law in England and was purposed to promote uniformity in the justice system. Courts are not always bound to rule according to previous decisions, especially if these decisions are from districts outside of the sitting court, and increasingly many courts have declined to follow precedent in its rulings. However, the United States Supreme Court, as the highest Court in the land, sets the precedent for the courts of the country on constitutional issues. If a lower court fails to follow a Supreme Court decision, its decision will be overruled in the event of an appeal. Stare decisis, although instituted for a beneficial purpose, has not been without controversy. The Supreme Court…
Briggs v. Elliott, 342 U.S. 350 (1952).
Del Carmen, R. (2007). Criminal procedure: law and practice 7th Ed. Belmont, California:
Gonzales v. Carhart, 127 S. Ct. 1610 (2007).
In this sense, Stalin decided to extend his influence and to impose certain types of government in countries such as Poland, Hungry, or omania. The same fate would have had Greece and Turkey as well, should the U.S. not have outlined the Truman Doctrine. It can be said that the doctrine itself was a reaction to the tendency of the soviets to extend their influence.
The Marshall Plan can be seen as the economic component of the Truman Doctrine. It was in fact a set of principles pointed out in 1947 at Harvard by Secretary of State George Marshall (American hetoric, 2008). This economic plan too was designed for cater for the economic needs of eastern countries as well, but seeing that the ussian side considered it to be the mere economic arm of the Truman Doctrine, it forced countries under its occupation to reject this reconstruction aid. In fact…
American Rhetoric. "The Marshall Plan 1947." American Rhetoric website. 2008. 30 Jan. 2008 http://www.americanrhetoric.com/speeches/georgecmarshall.html
The Avalon Project. "The Truman Doctrine." Yale University. 2008. 30 Jan. 2008 http://www.yale.edu/lawweb/avalon/trudoc.htm
Promissory estoppel is a term in the common law doctrine that is used by courts to implement promises made and consequently relied upon. This law doctrine is usually used when there is no formal contract though the involved parties have acted as if there is such a contract. As courts dictates the terms of how these promises should be implemented, they use this doctrine to enforce contract on the agreement in the interest of fairness. Notably, this doctrine emerges when injustice can be prevented only by the enforcement of a promise that could be unenforceable due to lack of consideration. In most cases, promissory estoppels doctrine is applicable in the context of charitable donations.
When this law doctrine is used, the promisee's reliance is regarded as an adequate and independent basis with which the promise is enforced. As a result, the doctrine can be seen as a legal advice that…
"Accord and Satisfaction." (n.d.). NPC. Retrieved from National Paralegal College website:
Coyle, M. (2006, November 27). Damages in Contract Law. Retrieved June 19, 2012, from http://www.lawdit.co.uk/reading_room/room/view_article.asp?name=../articles/Damages%20in%20Contract%20Law.htm
Paul, S. (n.d.). The Problem with Partnerships. Retrieved June 19, 2012, from http://www.legalzoom.com/business-law/corporate-law/problem-partnerships
Fichte separate right from morality and is it a good thing? Should they be separated?
Fichte's Philosophy of ight and Ethics
Why does Fichte separate right from morality and is it a good thing? Should they be separated?
Moral and political anxieties animate Fichte's entire philosophy and his perceptions to these issues that are innovative and at times tied together. His responses to Kant's vital philosophy in 1790 was a retaliation to the Kantian moral perception and its outset of human self-esteem as embedded in freedom and the moral outlook of human beings as normal agents. Fichte's perception on Wissenschaftslehre principle was a far from the conceptions developed in 1974 by the philosophers of Foundations of the entire Wissenschaftslehre. Fichte's major works in the principle of right and morality are extensively covered in these two areas; Fichte's Foundation of Natural ight (Cambridge Texts in the History of Philosophy) And the…
"Fichte's Philosophy of Right and Ethics," forthcoming in Gunter Zoller (2007). The
Cambridge Companion to Fichte. New York: Cambridge University Press.
In the wake of the terrorist attacks of 9/11, there were many changes in U.S. domestic and foreign policy. The attacks highlighted the risks posed to Americans both at home and abroad. The Bush government enacted several policies in response to the attacks. Domestically, two stand out as the most significant. The first was the Homeland Security Act of 2002. This act created the Department of Homeland Security, which took a substantial amount of responsibility -- but not total responsibility -- for safeguarding the nation. The DHS began working with other agencies to strengthen border security in particular, and to coordinate anti-terrorism efforts. The department's presence is especially felt in terms of transportation safety, and the myriad new rules and restrictions that govern air travel.
The other significant law that was passed in response to the terrorist attacks was the Patriot Act, which was passed very quickly after…
Cornell Law School. (2014). Fourth Amendment. Cornell University Law School. Retrieved November 6, 2014 from http://www.law.cornell.edu/wex/fourth_amendment
CRF. (2014). The Bush doctrine. Constitutional Rights Foundation. Retrieved November 6, 2014 from http://www.crf-usa.org/war-in-iraq/bush-doctrine.html
Drezner, D. (2011). Does Obama have a grand strategy? Foreign Affairs. Retrieved November 6, 2014 from http://www.foreignaffairs.com/articles/67919/daniel-w-drezner/does-obama-have-a-grand-strategy
An Analysis of the Priesthood "in persona Christi" and "in nominee ecclesiae"
The questions that surround the functions of the priesthood and the diaconate today appear to be part and parcel of the greater uncertainty that surrounds ancient Church customs. This paper will attempt to analyze the meanings of the phrases "in persona Christi" and "in nomine ecclesiae" as they have reflected the functions of the ministers of the Church both in the past and in today. The conclusion of this research is that while the traditional Church maintained a clear definition (and reverent propriety regarding the mystery of the priestly aspect), today's Church is less sure of the role and function of the minister in relation to Church hierarchy and Church laity.
In Persona Christi
Historical Background: the Vestments
Pius XII's (1947) encyclical Mediator Dei describes for us the aspect of the priest in relation to Jesus…
Staley, V. (1894). The Catholic Religion. London, UK: Mowbray.
Tanner, N.P., ed. (1990). Decrees of the Ecumenical Councils. London: Sheed
On June 27, 1844, hundreds swarmed the jail and brutally murdered the Smith brothers, leading their followers to conclude that they were martyred (Sisk).
At Joseph's death, righam Young was president of the Twelve Apostles of their church and became the leader of the largest faction within (Sisk 1992). Some who separated from Young's group formed their own, called the Reorganized Church of Jesus Christ of Latter Day Saints, under the leadership of one of the brothers of Joseph Smith. In 1846, Young's group declared that the "saints" would leave Nauvoo and they settled in Utah the following year and, for the next 20 or so years, many moved to Salt Lake Valley to join those "saints (Sisk)." The growth was so tremendous that many ascribe greater magnetism to Young than to Joseph himself in attracting followers. It is noted that the current-day Mormon Church has millions of such followers…
Bowman, Robert N., ed. Mormonism. Christian Research Journal, 1989. http://www.mustardseed.net/html/tomormonism.html
Church of Jesus Christ of Latter-Day Saints. Joseph Smith: a Prophet of God. Intellectual Reserve, Inc., 2004. http://www.lds.org/library/display/0,4945,104-1-3-2,00.html
Griffith, Michael T. The Book of Mormon - Ancient or Modern? Could Joseph Smith Have Written the Nephrite Record? Refuting the Critics: Evidence of the Book of Mormons in Authenticity. Horizon Publishers, 1993. http://ourworld.cs.com/mikegriffith1/id108.htm
Institute for Religious Research. Translation or Divination? Mormons in Transition. Institute for Religious Research, 1999. http://www.irr.org/mit/divination.html
Heidegger and Hitler
Proponents of Heidegger's metaphysical viewpoint are reluctant to identify a relationship between it and the opprobrious Nazi regime which Heidegger supported from 1933 to 1945. Critics of Heidegger, however, view the relationship between his metaphysics and his politics as significant. One might well ask, therefore, whether the relationship is real or only apparent -- whether the tenets of National Socialism are found in Heidegger's philosophy, or whether the fact that the two came from one man is merely a coincidence that ultimately means little.
Yet, by the formula of his own analysis (set forth in Contributions to Philosophy: Of the Event), one can see that Heidegger's metaphysics cannot be separated from his politics anymore than he himself can be separated from the environment and context in which he came to maturity. But while some scholars view Heidegger's political views as having an impact on his metaphysical views,…
Farias, Victor. Heidegger and Nazism. PA: Temple University Press, 1987. Print.
Gillespie, Michael Allen. Hegel, Heidegger, and the Ground of History. IL: University
of Chicago Press, 1984. Print.
Heidegger, Martin. Contributions to Philosophy: Of the Event. IN: Indiana University
rise of China in terms of its economy and military capability and in relation to the United States of America's national interest. Thou many have viewed this to be a threat to the U.S., but it isn't so, particularly to its' national interest with respect to China.
Despite of the fact that currently the relationship that exists between the U.S. And China is not as good as compared to the one that exited with the Bush administration, both countries have to work jointly in matters where they both have common interest. The research recommends that the U.S. foreign policy towards China be one that's aimed at seeking cooperation between both countries which will at the end be able to secure U.S. national interest with respect to China (Walt, 1998, p 41).
U.S. national interest in China
eferring to reports published by the Commission on America's National Interests; the reports indicate…
Bergsten, F.C, Freeman C, Lardy, N., Mitchell, D, J (2008). China's Rise: Challenges and opportunities Washington, D.C.: Peterson Institute for international Economics, pp256
Hassedt, P.G. (2004).Encyclopedia of American Foreign Policy NY:132 west,31st street. Chapter one
Lampton D.M.(2008). The Three Faces of Chinese Power: Might, Money and Minds Berkeley: University of California Press .pp 361
Ross. R. Feng, Z. (2008)China's Ascent: Power, Security and the future of international politics, NY:Cornell University Press. pp 336
The policies behind the doctrine's application include the following items. After 1914, the California ater Commission Act made it necessary for interested parties to obtain permits from the state prior to gaining the use of unappropriated water. This act has since then been incorporated into the provisions listed in the California ater Code. This code is referred to for various issues, examples of which include the way underground water should be appropriated (Sec. 1200), the way dams should be constructed (Div. 3, Sec. 6000) and the way surface water could be diverted for further use (Div. 2, Part 5.1). The Fish and Game Code (Sec. 5937) states that all owners of dams must allow adequate water to flow downstream for the benefit of the fish residing there. The doctrine's impact today is that it has effectively kept consumptive water supplies highly available and exclusively for public use.
State water resources control board: Information pertaining to water rights in California-1990." State Water Resources Control Board. 1990. June 11, 2005:
Justice in Society According to awls and Hampshire
This is paper contrasting the political philosophies of awls and Hampshire according o their views in 'Political liberalism' the Law of Peoples' and 'Justice as Conflict'. 4 sources are given.
Very few alternatives to the prevalent utilitarianism, dominant in most of the Western world, have emerged and made any significant impact. The theories of John awls however have made an important contribution to political philosophy and if not unanimously agreed upon they nevertheless have led to a revival in the academic study of political philosophy. His work has provoked debate amongst economists, legal scholars, political scientists, sociologists, and theologians alike. His Theory of Justice and subsequent additions and modifications to this hypothesis in the form of 'Political liberalism' and 'The Law of Peoples' is a comprehensive and detailed proposal that evolved over decades.
The 'Justice as Conflict' theory put forward by another…
Hampshire, Stuart. "Justice Is Conflict." Princeton University Press. 2001.
Martin, Rex. "Rawls's New Theory of Justice," Chicago-Kent Law Review, Volume 69: 737-761, 1994.
Rawls, John. Political Liberalism, New York, NY: Columbia University Press, 1993.
Rawls, John. The Law of Peoples: with "The Idea of Public Reason Revisited" Cambridge, Massachusetts: Harvard University Press, 1999.
Had the failure of the Cuban invasion not occurred, Kennedy would not have been able to appear so ascendant, and the positive reaction to his handling of the Cuban Missile Crisis might not have been as great in magnitude. Truly however, it was his social programs such as the Peace Corps and his focus on establishing peace with the Soviet Union that truly showed him to be the charismatic leader for which he is remembered today.
Freedom Doctrine Speech." (1961). WGBH Lectures. Accessed 21 January 2009. http://forum.wgbh.org/wgbh/forum.php?lecture_id=1164
John F. Kennedy." (2009) About the White House: Presidents. Accessed 21 January 2009. http://www.whitehouse.gov/about/presidents/johnfkennedy/
John Fitzgerald Kennedy." Spartacus Educational. Accessed 21 January 2009. http://www.spartacus.schoolnet.co.uk/USAkennedyJ.htm
O'Brien, M. (2005) John F. Kennedy. New York: Macmillan. etrieved via Google Books 2 January 2009. http://books.google.com/books?hl=en&id=fxzd__gA_I4C&dq=john+f+kennedy&printsec=frontcover&source=web&ots=b090N20I3D&sig=vZHZ3U4jmj3sFVEx7CFDb7pE4s&sa=X&oi=book_result&resnum=9&ct=result#PPA494,M1
Parekh, N. (2005). "John F. Kennedy Biography." Accessed 21 January 2009. http://www.buzzle.com/editorials/1-23-2005-64647.asp
Freedom Doctrine Speech." (1961). WGBH Lectures. Accessed 21 January 2009. http://forum.wgbh.org/wgbh/forum.php?lecture_id=1164
John F. Kennedy." (2009) About the White House: Presidents. Accessed 21 January 2009. http://www.whitehouse.gov/about/presidents/johnfkennedy/
John Fitzgerald Kennedy." Spartacus Educational. Accessed 21 January 2009. http://www.spartacus.schoolnet.co.uk/USAkennedyJ.htm
O'Brien, M. (2005) John F. Kennedy. New York: Macmillan. Retrieved via Google Books 2 January 2009. http://books.google.com/books?hl=en&id=fxzd__gA_I4C&dq=john+f+kennedy&printsec=frontcover&source=web&ots=b090N20I3D&sig=vZHZ3U4jmj3sFRVEx7CFDb7pE4s&sa=X&oi=book_result&resnum=9&ct=result#PPA494,M1
From even the brief analysis of Dicey's doctrine examined above, it can be seen that the concept of parliamentary supremacy has never been practically implemented to its logical conclusion, and it is all but inconceivable that it ever would be. n addition to the sheer logical absurdity of a parliament answerable to absolutely no one, however, the modern era has provided many other concrete, explicit, and practical impediments to true parliamentary sovereignty. Some of these impediments have been domestic in nature, and thus could be considered untested if practically apparent; others, however, are international in nature and can be seen as constituting a conscious, willing, and explicit reduction of parliamentary supremacy.
Domestically speaking, there have been a series of judicial decisions that would seem to limit parliamentary supremacy, insisting that judicial review is necessary in the case o fcertain legal formations and applications (Allan, 2011). Others have noted…
It is in the international arena that the most significant and concrete limitations on parliament's supposed supremacy have been made, from many different angles and at varying degrees of concession or agreement by the United Kingdom and its parliament. The Human Rights Act passed by the European Union, for example, is a major piece of legislation that explicitly sets up courts and certain other bodies external to the United Kingdom that are explicitly granted sovereignty over certain issues (Anthony, 2002). There are other agreements with the European Union and other member nations, as well as decisions made within other European Union member nations that have been made applicable to other member nations and the European Union as a whole, that further limit the true sovereignty or supremacy of the United Kingdom's parliament both when it comes to the nation's external actions and in some of its domestic affairs (Weatherhill, 2007; Harker et al., 2011). All such agreements explicitly and directly negate the notion of parliamentary supremacy.
It is clear from even a basic analysis that the concept of parliamentary supremacy is not applicable in the modern era, and was ultimately incorrect when the doctrine was first advanced. While parliament holds supremacy in that it is the highest body within the government in the United Kingdom, in practice the parliament is limited by certain codified and un-codified laws and principles. Understanding this is essential t properly understanding UK constitutionality.