Doctrinal Context Research Articles

Are Mathematical Objects ‘sui generis Fictions’? Some Remarks on Aquinas’s Philosophy of Mathematics

Abstract This contribution proposes an interpretation of Thomas Aquinas’s philosophy of mathematics. It is argued that Aquinas’s philosophy of mathematics is a coherent view whose main features enable us to understand it as a moderate realism according to which mathematical objects have an esse intentionale. This esse intentionale involves both mathematicians’ intellectual activity and natural things being knowable mathematically. It is shown that, in Aquinas’s view, mathematics’ constructive part does not conflict with mathematical realism. It is also held that mathematics’ imaginative reasoning is coherent with Aquinas’s doctrine of formal abstraction and his realistism. It focuses on some of Aquinas’s texts, which it places within their textual and doctrinal context and interprets them in the light of some historical elements.

La Libre Valoración de la Prueba en el Derecho Penal Ecuatoriano

This scientific research article covers the evidence in all its theoretical, doctrinal context and the main errors that a criminal court can commit when evaluating the evidentiary elements in a trial hearing, same errors that agree with each one of the analysis of the evidence separately and together as indicated by the current Ecuadorian criminal norm. In the same way, a theory attached to the law is proposed to try to correct these errors and they are less and less in Criminal Law. In the same way, it is about impacting the reader with a purely theoretical and doctrinal study regarding how to appreciate those evidentiary elements as a whole, according to significant appreciation or valuation mechanisms, mentioned by some national and international authors, who present a different idea about valuation schemes throughout South America and throughout the world. Taking into account many doctrinal theories, relieving the European ones such as the German and Spanish.

The right to free personal development as a manifestation of the connection between human dignity and freedom

Constitutional recognition of the worth of a human as the dominant value in the hierarchy of social ones activates the full potential of positive law to the maximum to secure it, in particular the mechanism of a general permissive type of legal regulation, which essentially presupposes freedom, and therefore the embodiment of the ideal of a free human person. The specificity of such regulation is expressed in the process of its social and contextual characteristics, namely, in the description of the scope and boundaries. Accordingly, it has been established that the development of the general permissive idea in the twentieth century shifted to the plane of “recognition of the worth of human dignity”, so the study of freedom within its interrelationship with human dignity forms the first approximate idea of the subject coverage of the general permission (as the basis of appropriate regulation). It has been established that such an interrelation is justified in the regulatory (international, national) and doctrinal context at the level of values and individual rights. It has also been proved that this interrelation is most clearly visible in the right to the free development of a person, which becomes a kind of “intersection”, the main point where dignity and freedom “are connected”.The national recognition of this right in the constitutions of different states has been investigated, in particular as the goals of the state; the highest values; the foundations of the political system and social peace; the personal independency right, including in the system of other personal rights. The peculiarities of its interpretation in German jurisprudence as an “unnamed”, “independent fundamental right to freedom”, which has been developed in two aspects: a) the general right of a person – its “comprehensive protection” from public and private interference, “strengthening” (additional) guarantee of human dignity (which promoted the formation of a kind of human rights methodology – “theory of spheres”). Its nature is analyzed from the point of view of the “human person essence (core)” and its components: human dignity, the fundamental right to informational self-determination, the right to life and limb; b) general freedom of action, which extends the sphere of defending freedom that is not covered by special constitutional rights.It has been found that this right was secured internationally with the expansion of its scope at the expense of the subject matter – the right of the people to self-determination. The constitutional practice of recognition of the right to free personal development in Ukraine has been analyzed and it is presumed to project the basic sphere of the generally permissive type of legal regulation

A beteg közrehatásának vizsgálata az egészségügyi szolgáltató kárfelelőssége körében

In my study, I examine the patient’s obligation of damage control, the obligation of prevention and mitigation of damages from the perspective of the liability or contributory conduct of the patient, taking into account the liablity issues arising from the legal relationship between the health care provider and the patient. The doctrinal context on which the study is based is set out in the section 6:519 of the Civil Code. After discussing certain aspects of the special legal relationship between the health care provider and the patient, as well as the obligations of the patient, I will explain to what extent the contribution of the patient affects the liability of the health care provider under the Civil Code. I will also consider the influence of the contribution of the patient on the enforceability of the claims of relatives and whether the decision to have an unwanted child or a child with a health problem and to refuse a new medical intervention can be regarded as contributory negligence.

Sectarian functioning and violence towards children: The case of the Baptist Church of Windsor

A case study of the Baptist Church of Windsor, this article looks at the church’s evolution from a dissident religious group in Quebec into an isolated sectarian group that believed in corporal punishment for children – punishment so severe it was considered child abuse by both the Quebec Office of the Attorney General and Quebec child protection services. The group’s history from foundation to dissolution was reconstructed through an exhaustive documentary analysis as well as the testimony of former members and interviews with key participants. Four stages in the group’s evolution were identified and analyzed, highlighting the elements that contributed to the development of a sectarian doctrinal context in which severe physical punishment against children was generally accepted as legitimate.

Lange, Caniglia, and the Myth of Home Exceptionalism

For over a hundred years, the Supreme Court has employed rhetoric in its Fourth Amendment cases that supports the concept of “home exceptionalism”—that is, the idea that protecting the home is the “very core” of the Fourth Amendment. Two cases from this year’s Supreme Court term, Lange v. California and Caniglia v. Strom, appear at first to support this doctrine, since a narrow reading of their holdings appears to enhance Fourth Amendment protection of the home. However, a closer examination of Supreme Court doctrine reveals that home exceptionalism is a myth. Although the home does receive small amounts of special protection in some areas, such as the arrest warrant requirement and the protection of curtilage, these special protections are far weaker than the court’s rhetoric implies. In fact, the recent trend is for the Court to limit the Fourth Amendment protection given to the home. Lange and Caniglia are consistent with this trend, as the Court’s holding in fact did little to increase the protections for the home and re-affirmed many of the doctrines that permit police to enter a home without a warrant. This essay is one of the first to analyze Lange and Caniglia, the Court’s two most recent Fourth Amendment cases. It does so by placing the cases in the proper historical and doctrinal context, first tracing the roots of home exceptionalism back to the 1800s and separating the broad language that the Court has often employed in these cases from the narrow legal rules that the cases actually establish. The essay demonstrates that Lange and Caniglia follow a well-established pattern, beginning with bold precatory language about the sanctity of the home, then delivering a narrow holding, and finally qualifying the reach of that holding with further language limiting its practical effect.

Copyright, Music, and Race: The Case of Mirror Cover Recordings

Has copyright law in the United States ever aided discrimination on the basis of race, or exploitation of or prejudice against racial minorities? Copyright legislation in the United States has never explicitly incorporated racial categories. However, particular features or doctrines of copyright law may arguably facilitate racial discrimination or exploitation, or disadvantage racial minorities, in a more focused manner. K.J. Greene, Candace Hines, and others have argued that copyright doctrines such as the fixation requirement, the idea/expression dichotomy, and the requirement of locating individual authors, as well as former doctrines such as notice and registration requirements and the requirement for written notation of music, have disadvantaged racial minorities, and African Americans in particular. This essay follows in those footsteps, and investigates another set of copyright doctrines that operated to the disadvantage of minority creators. Those doctrines concern copyright protection of musical works and sound recordings, and operated to deny composers and musicians rights in what they added to songs during the process of recording versions of them. One goal of this essay is historical recovery. I will show that copyright doctrines that are facially race-neutral were formulated in a racially-charged context in which it was clear the doctrines were going to disparately impact African-American composers, musicians, and vocalists. And disparately impacted they were. Many record companies made dozens of commercially successful “mirror cover recordings” that featured white vocalists and musicians who copied without permission, compensation, or attribution music created by African-American musicians and vocalists. This recovery of this history also confronts us with the question of what we should do when adoption of a rule in copyright law facilities discrimination against or exploitation of racial minorities, or by extension, discrimination against or exploitation of other minorities or vulnerable groups. Should we leave matters of discrimination to general anti-discrimination law, or is there a place for considering disparate impacts when formulating facially neutral doctrines in copyright law? I will argue that there are good reasons for taking disparate impacts into consideration when formulating copyright policy. Part I provides an introduction to the historical and doctrinal context necessary to understand copyright, music and race in much of the twentieth century. Those details include the construction of the racial categories that were used in the marketing of sound recordings, and the operation of the mechanical compulsory license. Part II introduces the phenomenon of white “mirror covers” of songs originally recorded by African Americans – covers that were not just recordings of the same song, but also copied some or all of the musical arrangement and stylistic elements introduced on the original recording. Part III focuses directly on the litigation of and decision in Supreme Records, Inc. v. Decca Records, Inc, a landmark case concerning the protection of initial recorded versions of songs against “mirror covers” of those songs. It also describes the impact of the Supreme Records decision, both as judicial precedent and as a model for legislation adopted as part of the Sound Recordings Act of 1971 and the Copyright Act of 1976. Part IV describes the treatment of covers under current law. Part V discusses whether there are policy lessons to be drawn from this history. Part VI concludes.

The Chancellors Are Alright: Nationwide Injunctions and An Abstention Doctrine to Salve What Ails Us

The Supreme Court is likely to rule soon on whether federal courts have the equitable jurisdiction and power to issue nationwide injunctions. This Article endeavors to reclaim the nationwide injunction as a valid exercise of federal equity power within the jurisdictional limits set by Article III. It posits that federal equity is expansive—it extends as far as necessary to provide a remedy where there is no adequate one at law. Historical and doctrinal context and critique are deployed to demonstrate that nationwide injunctions are not constitutionally ultra vires. This Article also posits that despite having expansive equity jurisdiction and powers, federal courts can and should in many cases exercise their constitutional discretion when sitting in equity to abstain in certain nationwide injunction suits. It goes on to propose a prudential, discretionary kind of abstention with factors calibrated to deter abusive litigation tactics, prevent untoward interference with non-party rights and forum-shopping, promote comity between district courts, and encourage percolation of issues.

The Unificationist Funerary Tradition

This paper explores the distinctive funerary tradition of the Unification Movement, a globally active South Korean new religious movement founded in 1954. Its funerary tradition centres on the so-called Seonghwa (formerly Seunghwa) Ceremony, which was introduced in January 1984. The paper traces the doctrinal context and the origin narrative before delineating the ceremony itself in its Korean expression, including its preparatory and follow-up stages, as well as its short-lived adaptation for non-members. Notably, with more and more first-generation adherents passing away—most visibly in respect to the leadership culminating in the Seonghwa Ceremony of the founder himself in 2012—the funerary tradition has become an increasingly conspicuous property of the Unificationist lifeworld. This paper adds to a largely uncharted area in the study of East Asian new religious movements, namely the examination of their distinctive deathscapes, as spelled out in theory and practice.

Present Peace, Future Freedom

Euro-North American Buddhism consists of a diversity of transplanted Asian traditions whose cultural adaptations often include heightened emphases on both family and meditation. This paper considers the nexus of these two themes in an examination of children’s meditation instruction in two of the largest international Gelukpa Tibetan Buddhist networks, the Foundation for the Preservation of the Mahayana Tradition (FPMT) and the New Kadampa Tradition (NKT). Through a comparison of these organizations’ recently published English-language children’s meditation manuals, the paper aims to produce a clearer picture of how children and their capacities for meditation are being conceptualized and cultivated in diasporic Tibetan Buddhist formations. I argue that the texts of the FPMT and NKT reflect respectively enthusiastic and measured approaches to the adaptation of Gelukpa Tibetan Buddhist meditation’s traditional doctrinal context and goals for primarily non-Tibetan audiences.

Válčení a jeho podoby

The article deals with the issue of warfare. Its aim is to describe and clarify the character of warfare in its contemporary doctrinal context. The authors of the article focused on the specifics of individual forms of warfare and its complexity within the annexation of Crimea by the armed forces of the Russian Federation in 2014. Description, content and comparative analysis of used sources and doctrinal publications were used. The authors conclude that the complexity of contemporary warfare creates appropriate conditions for the nation and its armed forces to enforce its interests and achieve strategic goals. The main contribution of the article is to provide information that is not available in professional literature or it is not part of doctrinal or other national military publications.

Sound and Unsound Teachings in the Ad Evagrium (CPG 3222/1774): Problems of Authenticity and Doctrinal Context of a Pseudo-Gregorian Work

Abstract Among the works ascribed to Gregory Thaumaturgus, Gregory of Nazianzus, and Gregory of Nyssa there is one entitled, in Greek, Ad Evagrium monachum, de deitate, and, in Syriac, Ad Philagrium, de consubstantiali, which deals with the issue of whether the nature of Father, Son, and Holy Spirit is simple or composite. While the attributions to the Cappadocians have been ruled out on the basis of its Monarchian contents, current scholarship is still completely divided in dating it to the third or to the fourth century, so that the mutually exclusive hypotheses that the Thaumaturgus was its author and that Evagrius of Pontus was its addressee have continued to coexist. This study accounts for the investigations of previous scholars and focuses on those doctrinal contents which are attacked and endorsed in the work and which allow us to date it with some degree of certainty. It is argued that the main polemical focus of the Ad Evagrium was Eunomius’ theory of names and that it was written by an exponent of the Marcellian party in the late 370 s.

The Baptism of the Lord Icon in Biblical Catechesis

The article deals with the issue of using icons in catechetical biblical interpretation. The Baptism of the Lord icon can be used at the stage of theological understanding, which includes biblical, doctrinal, and liturgical context. The passages about St. John the Baptist and the Jordan River are important in the biblical context. St. John the Baptist is regarded as the lamp, the voice, and the friend of the bridegroom. He is also shown in relation to the prophet Elijah who was to come. As far as the doctrinal context is considered, John Paul II’s catecheses dealing with the baptism of Jesus in the Jordan River are important, along with the new Luminous Mysteries of the Rosary. The liturgical context points out the connection between the Feast of the Baptism of our Lord and the Epiphany. The article, coming within the range of material catechetics, is intended mainly for the researchers in the field of catechetics who are interested in programming of catechesis.

Historical and Doctrinal Context of the Development of Maximus the Confessor’s Thought (in Polish with English summary), written by Bogna Kosmulska, 2014

Historical and Doctrinal Context of the Development of Maximus the Confessor’s Thought (in Polish with English summary), written by Bogna Kosmulska, 2014

Racial Gerrymandering and Vote Dilution: Shaw v. Reno in Doctrinal Context

In opening sentence of her opinion for Court in Shaw v. Reno, North Carolina racial gerrymander case, Justice O'Connor observed that case involve[d] two of most complex and sensitive that Supreme Court has had to confront: the meaning of constitutional 'right' to vote, and propriety of race based state legislation designed to benefit members of historically disadvantaged racial minority groups. Had she stopped there, Justice O'Connor would have had consensus within Court. But she went on to grapple with these issues and has spurred further discussion and debate about race and voting rights--a topic that had already gained political center stage when President Clinton withdrew his nomination of Professor Lani Guinier to serve as Assistant Attorney General for Civil Rights. This article will analyze and evaluate Shaw in its doctrinal context and then examine some still unresolved questions. The Supreme Court's resolution of those issues will eventually determine whether Shaw is an analytically significant and doctrinally influential case or whether it reflects a response to a unique set of substantive and procedural circumstances that are non-replicable. The article begins in Section II with a discussion of procedural context of Shaw case and a consideration of substantive and practical implications of district court's decision. In Section III, article then examines nature of plaintiffs' claim by explaining race nondiscrimination paradigm, concluding that Court was correct in holding that vote dilution and race discrimination are analytically distinct theories with independent lines of case law supporting each one. The precedent-oriented dissent of Justice White is analyzed and critiqued in depth. The conclusion is that Justice White erroneously conflates vote dilution and race discrimination lines of cases. The principle-oriented dissent of Justice Souter is examined in detail and found to be both intellectually honest and substantively startling. Justice Souter argued that race-based Equal Protection claims involving districting should be treated differently than same claims in other contexts. His rationale for this categorical approach was that race cannot be avoided in legislative districting, and use of race does not disadvantage any individual because of race. The article concludes that Justice Souter's approach is excessively tolerant of use of race and in considerable tension with nondiscrimination principles emanating from Brown. Further, Justice Souter's observation that race is customarily a part of districting process does not explain why that fact, if such it be, should be constitutionally legitimized. To extent that Justice Souter's views were influenced by his understanding of Voting Rights Act, article concludes that neither Section 5 nor Section 2 of that Act supports Justice Souter's analysis. Finally, in Section IV, article examines five issues left unresolved by Shaw. It concludes that Shaw cannot sensibly and with doctrinal integrity be limited to weird districts. Under principle of racial reciprocity, it concludes, any intentional use of race should trigger strict scrutiny unless government can show that same districting decision would have been taken in absence of racial considerations. The article concludes by considering how Shaw interest. standard should be applied, analyzing nature of an appropriate compelling interest, how narrow tailoring inquiry should be addressed, and how burden of proof should be allocated under strict scrutiny.

دور السياق في فهم النصوص الشرعية واستنباط الأحكام : دراسة أصولية = The Role of the Context in Understanding the Legal Texts and Devising Judgments : Fundamentalist Study

Abstract. Touched on the role of context in understanding the texts and the development of provisions, the objective of this research was to demonstrate the concept of context and that of being a more general provisions relating to, context is evidence includes the linguistic and non-linguistic. And show that depending on the context may be transmitted word of meaning to another, and that knowledge of context helps in understanding the religious texts, and reduce the mistake of subjecting them to support a particular doctrine, and reduce the abuse to keep the text at face value, despite evidence for a different meaning, depending on the context in determining the the meaning of the terms that have more than one meaning. Research has shown that the texts seen its limitations not seen the abstract of the constraints and clues. The most important controls to understand the context, and you mention a series of examples that show how doctrinal employment context in the understanding of jurisprudence and weighting them.

La configuración de la juridicidad y antijuridicidad del daño ambiental y sus diferentes formas de legitimidades

El presente artículo tiene como marco de análisis la configuración del daño ambiental desde sus diferentes formas de legitimidades. El objetivo es develar el contexto constitucional y doctrinal del daño en relación con el ambiente mismo, según su carácter jurídico y anti-jurídico y la relación con víctimas determinadas o indeterminadas, titular de derechos ambientales. En este sentido, mediante la técnica de análisis documental se esbozan los postulados normativos del “ser” y “deber ser” de la norma. Para ello, se parte de la comprensión que el daño, más que una construcción jurídica, tiene una definición social, la cual, a su vez, determina los criterios de juridicidad. Se concluye que este criterio de juridicidad no atiende solamente juicios de razonabilidad, fuerza y poder de un Estado a través de sus normas, sino que son establecidas según los consensos y las re-significaciones sociales. Ampararse en la coacción del derecho y su fuerza arbitraria conlleva a la deslegitimación de las actuaciones legales de un Estado y acentúa la brecha entre la realidad normativa y las realidades sociales.

Niechrześcijańskie źródła liturgii pogrzebu i kultu zmarłych wczesnego chrześcijaństwa

The article presents, in an orderly way, the living people’s attitude to the dead body, to the cult which it was surrounded by. Along with appearing of the new religion and in the reaction on the fact of death, Christianity initiated the process of creating its own funeral liturgy. The process of searching and adjusting local rites and non-Christian elements of the funeral ceremony began. Christianity, taking those elements which could have been a part of the doctrinal context, adapted them and purified of the traces which were against the then Church teaching. The paper can be divided into three parts: explaining the basic terms, connected with taking the extraneous elements out of the religions before Christianity; particular activities that were taking place on the body of deceased and activities progressed over the graves of the dead. Due to those deliberations, it can be presumed that Christian funeral rites are not an absolute novelty, as the arisen religion but it is a series of activities, elaborated by the previous generations and adjust up to the teaching of Jesus Christ and the spirit of the Gospel.

The Joseph Smith Papers: Documents, Volume 2, July 1831–January 1833 ed. by Matthew C. Godfrey et al. (review)

Reviewed by: The Joseph Smith Papers: Documents, Volume 2, July 1831–January 1833 ed. by Matthew C. Godfrey et al. David E. Speich The Joseph Smith Papers: Documents, Volume 2, July 1831–January 1833. Edited by Matthew C. Godfrey, Mark Ashurst-McGee, Grant Underwood, Robert J. Woodford, and William G. Hartley ( Salt Lake City: The Church Historian’s Press, 2013. 550 pp. Cloth $54.95, isbn 978-1-60907-598-9.) This volume of historical documents is organized chronologically and geographically into five parts, with various types of documents transcribed and organized according to stages in Smith’s work. This volume covers the period when a portion of the Church of Christ (precursor of the Church of Jesus Christ of Latter-Day Saints) migrated from Ohio to Missouri. The front matter includes a time line of Smith’s life arranged, arbitrarily, in a two-dimensional graph format, facing a useful map showing Smith’s five residences during this period. The scope of this edition is different from the The Papers of Joseph Smith (1989), which was edited by Dean C. Jessee, the general editor of the current larger multivolume edition. The Documents series of the current edition includes various kinds of documents that depict the logistical and organizational challenges faced by the church, the development of doctrine in the church through Smith’s revelations and visions, and details of Smith’s personal and family life. The editors sought to publish as many extant original documents as possible, but used their judgment in selecting the best version of a text when original documents were not available. Although histories are also published separately for the current edition, the 1832 history appears in this volume, perhaps because it “provides the most personal, intimate account of JS’s early visions available and preserves details of those visions not recorded elsewhere” (279). Because the 1832 history appears in both editions (pp. 1–10 in the 1989 edition; pp. 275–85 in the 2013 edition), I chose to use it as the basis for evaluating the current edition. [End Page 91] Each document represented in the Document series includes a source note, a historical introduction, and a document transcript, along with explanatory footnotes. This edition uses a variety of font sizes to distinguish the transcripts, the historical introduction, the footnotes, and the source notes (in decreasing order of size); in addition, the title and citation of the selected document are italicized, and Smith’s own handwriting is presented in boldface. On any given page spread the reader may find three or four of these font styles, giving the already sprawling pages a somewhat disjointed look. The source note gives an extensive history of the text using physical evidence of the source documents and additional collated documents. The historical introduction gives even more detail based on other sources, and includes informed speculation about the circumstances of composition and the transmission of the text. Compared to the previous edition, the document transcript in the current edition includes more details about alterations in the holograph manuscript. The footnotes in the current edition are more numerous and include many cross-references to doctrinal sources as well as historical sources, whereas the previous edition footnoted primarily historical sources. The transcriptions and the footnotes indicate that the editors are doing substantially original work. The previous edition included, for the 1832 history, a photograph of the first page of the holograph manuscript and a 1907 photograph of the town where Smith was born. The current edition does not include illustrations for this selection, but overall seems to include more illustrations than the previous edition. The back matter contains many items of historical interest, such as maps, a pedigree (genealogical) chart, and a biographical directory; organizational charts; cross-references in doctrinal documents; an index; and material relating to the work of documentary editing, such as the “Calendar of Documents,” “Source Notes for Multiple-Entry Documents,” and the “Essay on Sources.” In summary, this volume demonstrates close attention to principles of documentary editing while also carefully placing the documents in question within historical and doctrinal context. [End Page 92] David E. Speich Indiana University–Purdue University Indianapolis Copyright © 2016 The Kent State University Press

Do Brute Facts Need to Be Civilised? Universals in Classical Indian Philosophy and Contemporary Analytic Ontology

A vital point of dispute within both classical Indian thought and contemporary analytic ontology is the following: which facts are brute so that they are, so to speak, beyond any need of civilizing through logical transformations, conceptual revisions, or linguistic reformulations? In this article, we discuss certain strands of the debate in these fields with two central purposes in mind. Firstly, we shall argue that metaphysical debates are seemingly interminable partly because disputing parties carve up the ontological landscape in such a manner that what one party views as primitive, basic, or fundamental is regarded by an opponent as derivative, imagined, or constructed and vice versa. Second, unlike debates over these themes in contemporary analytic ontology, the classical Indian counterparts were usually located within a soteriological context, where it was claimed that an individual should develop meditative praxis on the way towards the goal of ultimate liberation. While it might seem that one could appeal to “experience” in this manner to settle the debate over whether universals were fundamental ingredients of the fabric of reality or merely conceptual artefacts, we shall argue that this approach is complicated by the fact that aspirants in these traditions would interpret their experiences in accordance with their doctrinal schemes. Therefore, the question of whether or not this appeal succeeds leads us to an ongoing dispute in religious epistemology over whether experiences are completely “constructed” by doctrinal context.