Bernard Mandeville and the doctrine of laissez-faire

The view of Mandeville as a pioneer of laissez-faire is difficultto reconcile with his repeated insistence that private vices were turnedinto public benefits by the ‘dexterous management of the skilfulpolitician’. Even if references to the skilful politician are regarded asshorthand for a legal and institutional framework, there remains thequestion of whether such a framework is a spontaneous order or theproduct of purposeful experiment as Mandeville thought? Mandevillewarned about the harmful effects of meddling but his complaint wasabout the actions of fashionable do-gooders rather than government. Heunderstood that the voluntariness of a transaction could be regarded asa defence against complaints of unfairness but he was quick to pointout the limitations of voluntariness especially in the market for labour.Mandeville’s objective was to teach people what they are not what theyshould be. He pointed to the strengths of the emerging market systembut was not afraid to expose its faults.

The Exclusive Brethren ‘Doctrine of Separation’: An Anthropology of Theology

Why do the Exclusive Brethren attend church ten times a week? Why do they shun excommunicated members, including immediate family? Why do they refuse to eat with outsiders? Why will they employ outsiders in their businesses, but never be employed by them? Why do they reject modern media as “pipelines of filth”? Why do they refuse to vote, while simultaneously campaigning for Conservative Party candidates? Why do they only live in detached houses, and build churches entirely without windows? How, in other words, do the Exclusive Brethren try to live good lives? And what can we learn anthropologically from these models of ‘the good’, and from the objections they provoke? Drawing inspiration from Keane’s (2014) suggestion that ‘we shouldn’t decide in advance what ethics will look like’, this paper seeks to critically contribute to new scholarship within the anthropology of morality and detachment by constructing, in a very literal sense, an anthropology of theology via an analysis of the Exclusive Brethren ‘doctrine of separation’.

Is there any room for the doctrine of fundamental rights of states in today's international law?

This article serves as a general substantive introduction to the special issue on the fundamental rights of states in international law. It introduces the concept in theoretical and doctrinal terms, and lays out the questions that will be addressed by the contributions to the special issue. These questions include: 1) What do attributes like ‘inherent’, ‘inalienable’ and ‘permanent’ mean with regard to state rights?; 2) Do they lead to identifying a unitary distinct category of fundamental rights of states?; 3) If so, what is their source and legal character?; 4) What are their legal implications, eg, when they come into conflict with other obligations of the right holder or with the actions of other states and international organisations?; and ultimately, 5) Is there still room in today’s international law for a doctrine of ‘fundamental’ rights of states? The article reviews the fundamental rights of states in positive law sources and in international legal scholarship, and identifies the reasons for a renaissance of attention for this doctrine.

Doctrine of Estoppel

The object of every law is to render justice. But sometimes the strict implementation of low may result in injustice. Under such circumstances equity will step in to prevent the injustice. Estoppel is one such concept evolved by equity for rendering justice even deviating from strict legal principles. This study is an analysis of the essence of the principle of estoppel, its scope, circumstances and application. The related principles known as estoppel by record, estoppel by deed, estoppel by representation, promissory estoppel, estoppel against public authority is also considered. Estoppel, originated from the sense of justice, equity and good consciousness has since developed through various judicial pronouncements. Further section 115 of the Evidence Act has statutorily recognized and laid down the principles of estoppel. But Section 115 of the Evidence Act or any other statute does not cover the modern development of estoppel in the form of promissory estoppel.

English Contract Law and the Great War: the development of a doctrine of frustration

This article examines changes that occurred in English contract law as a result of the demands made upon Great Britain by the Great War. The focus is on the development of the doctrine of frustration in English law. In particular, it is argued that the development of the doctrine of frustration was fashioned from internal legal forces in the form of both existing case law and emergency legislation in response to the demands placed upon the nation by a global war. The way in which the doctrine of frustration developed during the Great War arose as a direct result of the way in which Britain chose to meet the logistical demands created by the way it fought the Great War.

The Catholic Doctrine of Transubstantiation: An Exposition and Defense

The purpose of this thesis is to offer both an exposition and defense for the Catholic Church's traditional understanding of eucharistic transubstantiation. I hope to show how a belief in such a doctrine is in no way irrational nor is it indefensible; butinstead, the doctrine of transubstantiation makes sense when it is viewed in light of what Catholic Christians believe about who the human being is, what the human desires, and the special way in which God personally works in human history. The method I am following investigates how the doctrine of transubstantiation coheres with and follows the other beliefs that Catholics hold; that is, beginning with certain presuppositions, there is a certain rational progression to the Catholic understanding of real presence.

Plato's Doctrine Of Forms: Modern Misunderstandings

Among the philosophical ideas of Plato, perhaps the most famous is his doctrine of forms. This doctrine has faced harsh criticism due, in large part, to the interpretations of this position by modern philosophers such as René Descartes, John Locke, and Immanuel Kant. For example, Plato has been interpreted as presenting a ¿two-worlds¿ approach to form and thing and as advancing a rationalist approach to epistemology. His forms have often been interpreted as ideas and as perfect copies of the things of the visible world. In this thesis, I argue that these, along with other interpretations of Plato presented by the moderns, are based on misunderstandings of Plato¿s overall philosophy. In so doing, I attempt to show that the doctrine of forms cannot be directly interpreted into the language of Cartesian, Lockean, and Kantian metaphysics and epistemology, and thus should not be prematurely dismissed because of these modern Platonic interpretations. By analyzing the Platonic dialogues beside the writings of the modern philosophers, I conclude that three of the most prominent modern philosophers, as representatives of their respective philosophical frameworks, have fundamentally misunderstood the nature of Plato¿s famous doctrine of forms. This could have significant implications for the future of metaphysics and epistemology by providing an interpretation of Plato which adds to, instead of contradicts, the developments of modern philosophy.

A critical history of the doctrine of a future life in Israel, in Judaism, and in Christianity or Hebrew, Jewish, and Christian eschatlology from pre-prophetic times till the close of the New Testament Canon, being the first Jowett lectures delivered in 1898-99

R. H. Charles

Schleiermacher's Doctrine of Biblical Authority: An Alternative to Content-Based/Supernaturalist and Function-Based Rationalist Models

Author: Kerry W. Holton Title: SCHLEIERMACHER’S DOCTRINE OF BIBLICAL AUTHORITY: AN ALTERNATIVE TO CONTENT-BASED/SUPERNATURALIST AND FUNCTION- BASED/RATIONALIST MODELS Advisor: Theodore M. Vial, Jr. Degree Date: August 2015 This dissertation examines Friedrich Schleiermacher’s understanding of biblical authority and argues that, as an alternative to strictly supernaturalistic and rationalistic models, his understanding allows the New Testament to speak authoritatively in Christian religion in an age of critical, historical awareness. After classifying Schleiermacher’s position in a typology of the doctrine of biblical authority, this dissertation explores his conception of divine revelation and inspiration vis-à-vis scripture. It demonstrates that although he did not believe there is warrant for the claim of a direct connection between divine revelation and scripture, or that scripture is the foundation of faith, he nonetheless asserted that the New Testament is authoritative. He asserted the normative authority of the New Testament on the basis that it is the first presentation of Christian faith. This dissertation examines Schleiermacher’s “canon within the canon,” as well as his denial that the Old Testament shares the same normative worth and inspiration of the New. Although this dissertation finds difficulty with some of Schleiermacher’s views regarding the Old Testament, it names two significant strengths of what is identified as his evangelical, content-based, and rationalist approach to biblical authority. First, it recognizes and values the co-presence and co-activity of the supernatural and the natural !ii in the production of the New Testament canon. This allows both scripture and the church to share religious authority. Second, it allows Christian faith and the historical-method to coexist, as it does not require people to contradict what they know to be the case about science, history, and philosophy. Thus, this dissertation asserts that Schleiermacher’s understanding of biblical authority is a robust one, since, for him, the authority of scripture does not lie in some property of the texts themselves that historians or unbelievers can take away.

The doctrine of multilayered governance: The Example of Swiss Foreign Migration Policy

The New Swiss interdepartemental cooperation structure results in a new setting in negotiations and stimulates the counterpart or for the same setting and at least for the same domestic cooperation.