Doctrinal Definitions Research Articles

Fall of Last Safeguard in Global Dejudicialization: Protecting Public Interest in Business Disputes

The importance of courts is shrinking. This is largely due to global dejudicialization: the process of outsourcing disputes to private dispute resolution. In the last several decades, along with the triumph of neoliberalism, privatization of the resolution of disputes has become the gospel of modern judiciaries. Courts have been pushed to the tail end of the private adjudication process and are used only as the last resort. The courts’ warm embrace of this structure along with practitioners’ push has led to a staggering expansion of private dispute resolution. The world therefore has witnessed an unprecedented growth of arbitration — the primary mode of private dispute resolution. Despite its importance, judicial review at the tail end of dispute resolution has been understudied. Much of the existing literature focuses on doctrinal definition, normative recommendations, and commentaries about specific high-profile cases. With at least three decades of growing cross-border business disputes, research is needed to form a more holistic view of national courts’ review of arbitration and to provide a path forward in the redesign of the modern global private dispute resolution. This Article achieves that goal by providing an empirical and doctrinal analysis of the public policy exception as a pivotal indicator for judicial reviewability and supervisory function of transnational commercial disputes. The modern private justice system provides an important (if not the only) substantive safeguard to courts. As one of the last remaining safeguards, the public policy doctrine grants discretion to courts to set aside arbitration agreements and awards that harm the public. Owing to the evasive nature of this doctrine, courts and arbitral tribunals alike have grappled with an appropriate way to define and approach this notion. In a comprehensive study, this Article analyzes arbitral tribunals’ and courts’ treatment of public policy claims in commercial disputes over the last three decades using coding and empirical research. The study demonstrates the frequency of public policy claims in courts and arbitral tribunals, issues presented under this rubric, and the success rate of these claims. Results suggest that public policy arguments have increased, while the courts and arbitral tribunals alike have remained passive to these arguments. This Article argues that a triangle of a pro-arbitration policy of courts, the doctrine of international public policy, and the contractual view of arbitration has led to underutilization, ineffectiveness, and the fall of the public policy doctrine as the last safeguard in the dejudicialization of domestic and global business disputes. This Article calls for an overhaul of this structure whereby judicial review is not exclusively available at the end of the private dispute resolution process.

Concepts and features of interaction of the State service of financial monitoring of Ukraine with law enforcement agencies concerning counteraction to legalization of criminal incomes

The article is devoted to the formulation of the author’s definition of the concept of interaction of the State Financial Monitoring Service of Ukraine with law enforcement agencies to combat money laundering, followed by the definition of the peculiarities of such interaction. The relevance of the proposed article is due to the high level of financial and economic crime, at which the laundering of criminal proceeds causes significant damage to the economy. Accordingly, this state of affairs necessitates the joint efforts of different actors in the fight against this negative phenomenon. It is noted that the category of “interaction” is used in various fields of scientific knowledge, while from the point of view of law this category is most often studied by scientists in the field of criminology, criminal procedure, criminology and operational and investigative activities. Signs of interaction are defined. The interpretation of the financial intelligence unit is considered, as the State Financial Monitoring Service of Ukraine was created as such a unit. The content of the concept of “law enforcement agencies” is revealed by analyzing the legislative and doctrinal definitions, as well as clarifying which tasks-functions certify the law enforcement nature of the activity and allows to refer a body to the category of law enforcement. The author’s vision of the category “law enforcement agencies” is given. The essential signs of legalization of criminal proceeds are singled out. It is established that at the doctrinal level money laundering can be considered in material, procedural, economic and legal aspects. It is concluded that the interaction of the State Financial Monitoring Service of Ukraine with law enforcement agencies to combat money laundering means regulated and agreed under a number of conditions the activities of these entities, which are independent of each other, which is carried out using special methods and carried out in specific forms, in order to counteract the granting of lawful possession, use or disposal of proceeds of crime. Peculiarities of interaction in the context of the researched question are singled out.

ТЕМПОРАЛЬНІ ХАРАКТЕРИСТИКИ ВОЛОДІННЯ ЧУЖИМ МАЙНОМ

Ця наукова праця присвячена дослідженню актуального питання стосовно правових підстав та результативності нетитульного володіння як належного юридичного явища та оформлення суспільно очікуваного результату – пожвавлення матеріального обороту як елементу побудови ринкового суспільства. Проаналізовано різні аспекти сутності повноважень незаконного фактичного володільця. Визначено правове становище володільця, коли передача майна передбачена договором, але такого виконання не відбувається, з’ясовано можливість застосування до подібних випадків правового режиму утримання чужої речі. Запропоновані істотні зміни до чинного українського законодавства, які виключають змішування речових та зобов’язальних механізмів регулювання відносин щодо нетитульного утримання чужого майна. В роботі зроблено висновок про наявність у сучасному українському цивільному законодавстві правової підстави для нетитульного володіння чужою річчю, яке потребує подальшого унормування.

ПОНЯТТЯ ТА ВЛАСТИВОСТІ ПОКАРАННЯ НА ЗАСАДАХ КУЛЬТУРО-АНТРОПОЛОГІЧНОЇ МЕТОДОЛОГІЇ

Purpose of this article is to form a new approach to a doctrinal definition of punishment as the most used means of criminal and legal influence on a behavior of a person having committed a penal offence. In order to achieve the stated goal, the widespread in the scientific study of punishment application of the cultural and anthropological methodology indicates the need to balance the interests of an individual, a society and a state in the process of law-enforcement through the expansion of the humanistic principles of criminal law, the restoration and protection of the rights and legitimate interests of a victim by means of criminal and legal influence. Results. The use of cultural and anthropological methodology makes it possible to determine a punishment as a special kind of criminaland legal coercive measure being imposed on behalf of the state by a court to a person convicted of committing a crime (criminal misconduct) in the established procedural order. The realization of the mentioned order is accompanied by necessary and sufficient limitation of rights and freedoms of an offender and serves as an act of restoring social justice having been violated by committing a criminal offense. In the chosen approach, a criminal and legal measure serves as a basic element of punishment thus it should be understood as a system of methods and ways of enforcing coercive as well as rehabilitation and encouraging state influence on criminal practices (criminal offenses, objectively unlawful acts, abuse of law etc), lawful conduct, carried out on the basis of the law and determined by the cultural environment in the particular historical conditions of society development. Punishment as one of the types of criminal and legal measures is characterized by objective and subjective properties including special purposes of punishment. The system of such purposes reflects the way of restoring social justice, violated by a criminal offense; grounds for punishment; determination of the range of persons who the punishment may be applied to and procedural order for the application of punishment reflected in the court’s discretion. Conclusions. Thus, the cultural and anthropological methodology provides an opportunity to optimize the normative characteristics of punishment, which creates the preconditions for proper and effective punishment, which remains the most demanded kind in the application of the norms of criminal law.

Eyes Scratched In. Reflections on The Bramble Bush by Karl Llewellyn (1930)

It is said that William Brennan, the great US Supreme Court Justice, liked to greet his incoming law clerks with a bracingly simple definition of constitutional doctrine: five votes. ›You can’t do anything around here‹, Brennan would say, wiggling the fingers of his hand, ›without five votes.‹1 While memorable, Brennan’s definition was not entirely original. Seventy-five years before Brennan’s elevation to the high court, the jurist Oliver Wendell Holmes Jr. famously wrote: ›The life of the law has not been logic; it has been experience [...]. The law […] cannot be dealt with as if it contained only the axioms and corollaries of a book of mathematics.‹2 Some years later, Holmes returned to this idea, writing: ›The prophecies of what the courts will do in fact, and nothing more pretentious, are what I mean by the law.‹3 Statements such as Brennan’s and Holmes’ found elaboration in the American jurisprudential movement known as ›legal realism‹. One of its most influential and articulate exponents was the law professor Karl Llewellyn (1893–1962). Trained at Yale Law School, and on the faculty of Columbia, Llewellyn had a foot in the two institutions most prominently associated with the realist movement.

Practical and Conceptual Challenges to Doctrinal Military Necessity

States routinely define the principle of military necessity in doctrinal publications such as Law of Armed Conflict (LOAC) military manuals. These definitions are based on a model of military necessity famously articulated by Francis Lieber and built upon by the American military tribunal at Nuremberg. Generations of armed forces members have been trained on this doctrinal definition of military necessity. But does it serve them well? In this chapter I closely examine doctrinal military necessity by breaking it down into its constituent elements, specifically as (a) a principle (b) that confers a right, permission, or justification (c) to use any military measures or force (d) required to defeat the enemy (e) as quickly and efficiently as possible (f) so long as such measures or force are not otherwise prohibited elsewhere in the LOAC. I then explore these elements and reveal the deep practical and conceptual problems posed by each. I conclude that doctrinal military necessity, as based on the Lieber/Nuremberg model, fails to serve the principal goal of military doctrine: to provide combatants with clear and direct guidance — in this case legal guidance — on warfighting. Consequently, I recommend that states abandon the Lieber/Nuremberg model of military necessity and reformulate their doctrinal definitions to better attend to the needs of combatants.

Istota władzy rodzicielskiej

The essence of parental authorityThere is no legal definition of parental authority, but many doctrinal definitions can be found in jurisprudence and literature. The essence of parental authority best reflects the understanding of parental authority as a whole of duties and parents’ rights towards the child, serving to provide them with appropriate care and guarding their interests. The duties are of paramount importance. Parental rights serve to fulfill specific duties, so they have a secondary and subsidiary character. The term “parental authority” is not appropriate to determine the parents’ care for a child, because it emphasizes the imperative. It would be more appropriate to use the term “parental care”. The proposed term would adequately expose the essence of parental authority. Parental authority is a subjective right granted to parents for the good of the child, in the interest of society.

INTERNATIONAL SOCIAL STANDARDS IN THE CONTEXT OF IMPROVEMENT OF THE SOURCE SYSTEM OF SOCIAL SECURITY LAW: THE SCIENTIFICTHEORETICAL ASPECT

In this scientific article, the theoretical and legal aspects of international social standards areconsidered as an important component of the development of the system of sources of social security law.The emphasis is on key issues of the current state of sources of social welfare through the prism of acomprehensive social reform. The importance of developing qualitative approaches to the implementationof international social standards is also emphasized. The doctrinal definitions of "international socialstandards" are analyzed. Conclusions and suggestions on principles and mechanisms of implementationof international social standards in the process of development of the latest system of sources of socialsecurity law are made.

THE NEW SECURITY CHALLENGES OF INFORMATION WAR

The author starts from the informational dimension of the operational environment in a strategic reality and deal with the problem of defining informational power from the theoretical and practical aspect of information warfare.The deliberations in the work are aimed to initiate a procedure for auditing of the security documents in order to create a legal basis for the operationalization of the content of information security, as one of the aspects of integral security of the Republic of Serbia. The paper deals with the conceptual determinations and importance of information, information warfare and information operations, as well as the content of information warfare, pointing out the strategic and doctrinal definitions of the information warfare of the United States of America, the Russian Federation and the Republic of Serbia. It is necessary to accurately and objectively observe world achievements in the field of national security and the relation of the most powerful world powers to the problem of information warfare. Based on a comparative analysis of world trends and the state of the theoretical and practical aspects of information security of the Republic of Serbia, the focus is on work, where measures are proposed to improve the security function in the fourth unit of work.

Genesis of Approaches to Legal and Doctrinal Definition of Criminal Offense

The concept of a criminal offense according to experts has been known to the nationallegislator and law enforcement for about three centuries. In the pre-revolutionary period,the notion of misdemeanor along with the concept of crime was enshrined in the Code ofCriminal Laws of 1832, in all editions of the Code of Criminal and Correctional Penaltiesof 1845, in the Criminal Code of 1903. In these legal acts, offense, like crimes, wereconsidered as a variety of criminal illegal acts. In the Сriminal Сodes of the RSFSR in1922, 1926, 1960, the concept of a criminal offense was not fixed. In the draft Code of Criminal Offenses (1973), which was not adopted, the criminal offense was proposedto be considered as а non-criminal offence. In 1977, the Fundamentals of CriminalLegislation of the USSR and the Union Republics of 1958 and the Criminal Code of theRSFSR in 1960 introduced provisions on crimes that do not pose a great public danger. Inthe early 1990s, the introduction of criminal offenses as an independent group of criminalacts was proposed in some projects of the Criminal Code. The problem of a criminaloffense is not new for the domestic science of criminal law. In the criminal legal doctrineof the pre-revolutionary period, the allocation of criminal offenses was justified by dividing“according to the kind of iniquity”. In the Soviet period, the problem of a criminal offensebegan to be actively discussed from the 1960s. Most of academics considered thecriminal offense as a kind of crime, which has a certain degree of public danger. It wasquite popular that the criminal offense was viewed as a kind of socially dangerous actprohibited by Criminal Code along with a crime. Some researchers considered it as an actthat was not at criminal-illegal and criminally punishable. In the modern Russian doctrineof criminal law, essentially the same three basic positions have been preserved in thematter of determining the nature of a criminal offense.In the case of implementing thelegislative initiative, issued in the form of Resolution of the Plenum of the Supreme Courtof the Russian Federation of October 31, 2017 No. 42, the Criminal Code of the RussianFederation will introduce the concept of a criminal offense, which will be understood onlyas a sub-category of crimes of small gravity.

Wage Slave or Entrepreneur?: Contesting the Dualism of Legal Worker Identities

Today, whether a worker is legally classified as an “employee” or an “independent contractor” defines whether he or she is entitled to any employment and labor law protections. With the proliferation of the on-demand economy, the doctrinal definitions and legal analyses of these categories are fiercely contested. While businesses have attempted to confine the definition of the employee to limit their financial and legal liabilities and risks, public interest lawyers have worked to broaden the definition, ensuring that more workers are covered and protected by the law. How did U.S. law come to divide workers into these two categories, how have the definitions evolved historically, and how do workers today make sense of them? This Article challenges the duality of worker classification in employment regulation by positioning the “employee” and the “independent contractor” in U.S. legal history and in the lives of contemporary workers. Part I situates the debate in work law scholarship. Part II uses historical and legal archives to challenge the prevailing assumptions about the employee and independent contractor in employment and labor law. I argue that the existence of the dualism of worker categories is more recent than previously understood and that contemporary doctrinal tests reflect not bright line legal rules, but evolving political and cultural philosophies about work. Finally, Part III investigates the impact of this legal meaning making on the ground. Through ethnographic research and analysis, I find that these categories of work have taken on social meaning for workers, often disrupting worker collectivities. The Article concludes that both doctrinal analyses of the employee category and lawyering methodologies to advance the interests of workers must be more attendant to workers’ realities.

Theoretical Aspects of Public Prosecutor’s Supervision over the Execution of Laws by Bodies Conducting Inquiries

This article is devoted to the study of public prosecutor's supervision over the procedural activity of the bodies of inquiry. The article analyzes the concept of public prosecutor's supervision, its subject, and the elements that make up the subject, the limits of public prosecutor's supervision over the procedural activity of the bodies of inquiry. Based on the study, the author provides her definition of public prosecutor's supervision of the procedural activity of the inquiry bodies as a type of activity of the prosecutor that is predetermined by the social purpose of the prosecutor's office. When examining reports on crimes and investigation of crimes, the prosecutor aims at identifying, eliminating and preventing violations of laws committed by inquiry bodies, bringing the perpetrators to the responsibility established by law, which he carries out using the powers established by law and legal means for their implementation. Based on the comparison of doctrinal definitions, it is determined that the subject of supervision can be understood as the legality of the procedural activity of the inquiry bodies that meet the purpose of criminal proceedings when examining reports of crimes and investigating criminal cases. With a view to an accurate and uniform approach to determining the subject of public prosecutor's supervision, the author proposes to edit paragraph 2 of Art. 1 and the title of Chapter 3 of the Law On Office of Prosecutor as follows: Public Prosecutor's Supervision of the Investigative and Procedural Activities of the Bodies of Internal Affairs and Justice. The article also mentions the expansion of the procedural independence of the head of the inquiry body (unit) due to the delegation of a number of the prosecutor's powers in pre-trial proceedings. These powers are: to permit the challenges made to the investigator, as well as his own withdrawal; to suspend the investigator from further investigation proceedings if he has failed to comply with the requirements of the Criminal Procedural Code of the Russian Federation; to issue orders on combining criminal cases; to exclude the right to give written instructions on the direction of investigation and the procedure from the powers of the prosecutor. At the same time, the author proposes to amend the Criminal Procedural Code of the Russian Federation, expanding, inter alia, the procedural independence of the prosecutor, authorizing him to issue a reasoned decision to initiate a criminal case and then transfer the materials of the criminal case to the investigating body or inquiry body for further investigation and rendering of the final law-based decision.

Surrogate Fathers: imaginary dialogue and patristic culture in late antiquity

This article seeks to contribute to recent debates over Christian dialogue in late antiquity. It explores a specific form of dialogue text: invented debates about the definition of correct doctrine, often starring renowned church Fathers and notorious heretics. It argues that, far from symbolizing an ‘end’ to dialogue in late antiquity – closed down by appeals to patristic authorities – these heresiological dialogues helped to perpetuate controversial Christian debates.

The Personalism of John Henry Newman by John F. Crosby

Reviewed by: The Personalism of John Henry Newman by John F. Crosby John T. Ford C.S.C. (bio) The Personalism of John Henry Newman By John F. Crosby. Washington, DC: The Catholic University of America Press, 2014. Pages: xxv + 227. Cloth: $59.95, ISBN 978-0-8132-2689-7; Paperback: $34.95, ISBN 978-0-8132-2917-1; E-book: $34.95, ISBN 978-0-8132-2690-3. In 1879, John Henry Newman chose as his cardinalatial motto—Cor ad cor loquitur—"Heart speaks to heart." Genealogically, this motto is a paraphrase of a saying of Saint Francis de Sales (1567-1622), whose portrait was given a place of prominence in Newman's private chapel at the Birmingham Oratory. Philosophically this motto reflects Newman's distinction between notional apprehension/assent, which emphasizes the role of the intellect in human thinking, and real apprehension/assent, which involves not only the intellect but also the imagination and will in the process of decision making. Pastorally, this motto exemplifies the core of Newman's ministry—both Anglican and Roman Catholic—religion is a matter not only of intellectual understanding, but also of personal commitment. As John Crosby's book indicates, this dual dimension was evident in Newman's sermons, which not only insisted on the importance of Christian doctrine, but were also aimed at eliciting a personal commitment from his hearers. In fact, many of his Anglican listeners long remembered the powerful impact that Newman's sermons made on their minds and hearts. As Matthew Arnold (1822-1888) once reminisced, "Who could resist the charm of that spiritual apparition, gliding in the dim afternoon light through the aisles of St. Mary's rising into the pulpit, and then in the most entrancing of voices, breaking the silence with words and thoughts which were religious music—subtle sweet and mournful?" For his contemporaries, Newman's "personalism" was persuasive as well as memorable. As a newly ordained cleric of the Church of England, he almost single-handedly resurrected a moribund parish on the fringe of Oxford. As vicar of St. Mary's, his sermons were so popular that a Sunday excursion to Oxford was incomplete without hearing Newman preach. As a Roman Catholic, his writings attracted English readers around the world; his surviving letters, numbering some twenty thousand—roughly a third of his total output—were addressed to people from all walks of life. These are only a few examples of the "personalism" that characterized Newman's life and work. [End Page 75] Crosby's book examines Newman's "personalism" from a philosophical perspective. Starting with Newman's emphasis on "theocentric religion," Crosby notes a coincidentia oppositorum between objectivity—seen in Newman's espousal of "the dogmatical principle"—and subjectivity—exemplified in his personal acceptance of dogmatic teaching. Crosby then examines another coincidentia: the real and the notional, the imagination and the intellect, and discusses Newman's interpersonal encounters that are symbolized by cor ad cor loquitur. Crosby next discusses how religious truth is effectively transmitted more by personal influence than by doctrinal definitions or apologetical arguments. "Personalism" is then a necessary component of both intellectual understanding and practical reasoning. Newman was not reticent about reminding his audiences of the need for humility; similarly, today the "big bang theory" clearly emphasizes "an infinite abyss of existence." Finally, Crosby comes full circle by illustrating the "personalism" in Newman's view of the primordial knowledge of God. On the whole, this book is a masterwork. Crosby has accomplished what very few writers could do successfully; he has provided a stellar synthesis of Newman's personalist thought both in itself and in relation to many philosophers and theologians. Crosby is well versed in the corpus of Newman's writings—not only such familiar works as his Essay on Development, Idea of a University, Apologia pro Vita Sua and Grammar of Assent, but also his many essays, numerous sermons, and abundant correspondence. Crosby's interpretation of Newman's writings is dialogically interactive with such classical authors as Aristotle, Plato, Socrates, Augustine, and Aquinas, as well as such modern writers as Buber, Husserl, William James, Kant, Kierkegaard, Marcel, Maritain, Rudolf Otto, Scheler, and von Hildebrand. As a result, Crosby...

Covert actions: 'Alternative approaches' of intelligence services' activity

Countries have always used secret means to influence situations and events in the world, and eventually these have become one of characteristic features of the government system. Covert actions, i.e. covert operations, resulted from the Cold War, where those under the auspices of the CIA, the chief US secret service, were prevailing. These activities, as a secret aspect of affairs manipulation abroad, became a typical model of post-war international communication in some countries and the practice that contributed a lot to the definition of this secret service's image. Various covert activities have become a way of communication in international politics through military, economic, diplomatic and propaganda means. Even when some important phases in the processes of any of these instruments are clearly transparent, they are often preceded by covert phases. The paper also discusses the advantages and disadvantages of covert actions as one of the foreign policy instruments. Despite the widespread perception of the public that covert conduct certainly violates international law, countries act covertly for a number of legitimate political, diplomatic and strategic reasons. The paper examines legal and doctrinal definitions of covert actions, some of juristic and ethical bases for covert operation, as defined by law, as well as matters of the politics, which inevitably encompass their use.

Теоретичні основи адміністративно-правового регулювання в сфері безпеки польотів в цивільній авіації

Мета: З’ясування та загальна характеристика теоретично-правових засад адміністративно-правового регулювання в сфері безпеки польотів в цивільній авіації, що слугуватиме теоретичною основою для подальшого дослідження проблем в цій сфері. Методи: Методологічну базу дослідження склали загальнонаукові і спеціальні юридичні методи та підходи. Гносеологічний підхід дозволив з’ясувати сутність поняття «сфера безпеки польотів в цивільній авіації». За допомогою логіко-семантичного методу уточнено поняття адміністративно-правового регулювання в сфері безпеки польотів в цивільній авіації». Метод юридичного аналізу сприяв вивченню нормативного визначення поняття «безпека польотів», а порівняльно-правовий аналіз – доктринальному розмежуванню понять «сфера безпеки польотів» та «безпека польотів». Структурно-логічний метод дав змогу встановити елементний склад змісту адміністративно-правового регулювання в сфері безпеки польотів в цивільній авіації. Результати: Акцентовано, що сучасне глобальне та національне значення сфери безпеки польотів в цивільній авіації вимагає її державного врегулювання, формування ефективної системи забезпечення безпеки, у тому числі, шляхом адміністративно-правового впливу на усі її складові. Внаслідок проведеного аналізу нормативних та доктринальних визначень поняття сфери безпеки польотів, а також його співвідношення з поняттям безпеки польотів, робиться висновок, що за змістом перше поняття є ширшим ніж друге, та у широкому розумінні становить чітко визначену нормативно-правовими актами систему суспільних відносин, що виникають та розвиваються з приводу забезпечення безпеки польотів в цивільній авіації. Доведено, що однією з дієвих форм забезпечення функціонування вказаної сфери, ефективно протидіючи викликам безпеки польотів в цивільній авіації є адміністративно-правове регулювання в цій сфері, під яким пропонується розуміти складну організаційно-правову систему з внутрішньою будовою, всі елементи якої мають адміністративно-правову природу та характеризуються цільовим призначенням з упорядкування та охорони суспільних відносин в сфері безпеки польотів в цивільній авіації. Обговорення: У вузькому значенні сфера безпеки польотів є системним явищем, зміст якого включає: якість авіаційно-транспортної системи, що визначає здатність здійснювати повітряні перевезення без шкоди для здоров’я людей; нормативно-правове забезпечення безпеки польотів; систему державних (публічних) та недержавних органів й організацій, що здійснюють регулювання та забезпечують безпеку польотів в цивільній авіації. Відстоюється позиція, згідно з якою невід’ємними характеристиками безпеки польотів в цивільній авіації є наявні та потенційні зовнішні і внутрішні фактори-виклики, що впливають на вказану сферу відносин, та які у певному стані становлять для цієї сфери загрози або слабкості. Основними елементами змісту адміністративно-правового регулювання в сфері безпеки польотів в цивільній авіації є: мета, цілі, об’єкт, предмет, принципи, метод, механізм, стадії адміністративно-правового регулювання в сфері безпеки польотів в цивільній авіації.

Ascetic Pneumatology from John Cassian to Gregory the Great by Thomas L. Humphries (review)

Reviewed by: Ascetic Pneumatology from John Cassian to Gregory the Great by Thomas L. Humphries Anthony Briggman Thomas L. Humphries Ascetic Pneumatology from John Cassian to Gregory the Great Oxford: Oxford University Press, 2013 Pp. xviii + 237. $99.00. Students of early Christian theology have all too often treated certain periods of time as just a precursor to later happenings now regarded as more important. Such is the case, Thomas Humphries alerts us, when it comes to the Latin pneumatologies articulated in the fifth and sixth centuries: we have been reading them with an eye fixed upon the filioque. No longer, however, for this volume offers an insightful account of the various and at times competing theologies of the Holy Spirit authored during this period. Two observations guide and to some extent demarcate this study. First, theological accounts of this period often link pneumatology and theological anthropology by attributing to the Holy Spirit the central role in human transformation. Second, pneumatogical differences during this period are sustained by different strains or readings of Augustine’s theology. Humphries proceeds chronologically. John Cassian theologized about the role of the Holy Spirit in the ascetic life: the Spirit guides the interpretation of scripture, forms virtues, reforms thoughts and affections, and grants ecstatic contemplation. Leo the Great’s contrasting orientation toward the laity led him to recognize the activity of the Spirit in the ascetic practices of almsgiving, prayer, and fasting, as well as the sacraments. Prosper of Aquitaine drew upon Augustine’s notion of the Holy Spirit as the Love of God who redirects the human will in order to address matters of the will and predestination raised by the Pelagian controversy. The pneumatological reasoning of the monks of Lérins—including Vincent, Faustus, and Caesarius of Arles—opposed Homoian (‘Arian’) theology and utilized a partial understanding of Augustine’s anti-Homoian arguments. The Scythian monks headed by John Maxentius drew upon Augustine’s thoughts on volition to formulate a pneumatological solution to the debate surrounding grace, free will and predestination—the roots of which run to the Pelagian controversy. The Holy Spirit, he argued, recreates and renews fallen human nature by restoring the will and plays a role at every moment of the Christian life discussed in the debate over predestination. Fulgentius’s grasp of Augustine’s mature Trinitarian theology enabled him to go beyond the Scythians by accounting for the presence and work of the Holy Spirit in the incarnation, and beyond the Lérinians by shaping an account that brought together Trinitarian theology and theological anthropology. Lastly, Gregory the Great drew upon both Cassian and Augustine to construct his vision of the Spirit leading the Christian from fear to love, vice to virtue, ignorance to knowledge, and ultimately to ecstatic contemplation and an understanding of scriptural allegory. This theological analysis allows Humphries to address long-standing questions concerning the pneumatological influences upon the canons of the Second Council of Orange (look to Prosper not the monks of Lérins), the authorship of the Breviary of Faith against the Arians (it was not Caesarius), and the authorship [End Page 129] of Chapters of Saint Augustine (Maxentius or other Scythians wrote at least the first ten chapters). I would like to note two conceptual points that I believe would benefit from further consideration. First, Humphries offers the category of ‘ascetic pneumatology’ as a way of delineating the boundaries of his study, but it proves troublesome. He uses the term to refer to ascetics who author pneumatological accounts, to accounts that ascribe to the Holy Spirit agency in ascetic practices, and to a type of theology relatively uninterested in the doctrinal definition of the Holy Spirit. The category is too broad to be meaningful and is more of a hindrance than an aid in delineating the scope of his work. Second, the dichotomy Humphries draws between theologies interested in the doctrinal definition of the Holy Spirit and those interested in the work of the Spirit in the Christian life also proves problematic. It struggles to account for theologies with both interests, such as those of Ambrose and Augustine. It also struggles to provide a satisfactory way to distinguish eras of pneumatological reasoning. For...

The Expropriation of the Property of Foreign Investors in Private International Law

The measures for are closely linked to the right of ownership of foreign investors, as well as providing guarantees of ownership rights to foreign investors, in some cases, there may be cases of seizure of their property and, therefore, foreign investors are in need of appropriate legal guarantees. The of the property of foreign persons is, on the one hand, the nature of public law and is, therefore, subject to regulation of public international law; on the other hand, the is also the institute of private international law, since the affects the rights of foreign natural and legal persons in the sphere of their private property. It should be noted that along with the concept of in legal doctrine, national legislation and international agreements, there is also a concept of nationalization. The Civil Code of the Russian Federation contains general provisions on and, thus, refers to a special law on governing the procedure for the of property, which has not yet been adopted. In this regard, it can be argued that, at present, in the legislation of the Russian Federation there is no procedure regulating in detail the of property, including foreign investors. In accordance with the doctrinal definitions of expropriation and nationalization, as well as on the basis of a literal interpretation of the definitions contained in multilateral agreements and bilateral agreements on promotion and mutual protection of investments, it can be concluded that expropriation and nationalization at the present stage of development of international investment relations is referred to as expropriation because, as a rule, international agreements do not distinguish between the concept of expropriation and nationalization and unite them under the common term is expropriation.

Participação na administração como direito fundamental

This article aims at analyzing if the citizen's participation in the Administration could be seen as a fundamental right, political in nature. Regarding the current expansion of democracy, special atenttion shall be given to the participation in the Public Administration and several doctrinal definitions are presented on the matter. It's acknowledged the legal basis as a way to justify the participation in Brazil, mainly due to the country's status as a Democratic State of Law. In addition, it adresses the question on the participation in the Public Administration as a fundamental right based on the popular sovereignty.Taking these previous considerations into account, its insertion under the political rights is analysed through the interpretation of the brazilian law. In conclusion, the ponderations regarding the necessity of acting prudently when dealing with this particular participation are presented.

George Reginald Balleine: Historian of Anglican Evangelicalism

AbstractA History of the Evangelical Party in the Church of England(1908) by G.R. Balleine (1873–1966) is the classic narrative history of the Anglican evangelical movement, still enduringly popular more than a century after its publication. It has long outlived its author but is usually read without reference to him. This paper examines Balleine's approach to historical research and demonstrates how his personal theological priorities shaped hisHistory. In particular, it highlights his concerns in his parish ministry in Bermondsey, south London, for innovative evangelism, political activism and loyal Anglican churchmanship; his disinterest in doctrinal definitions and his abhorrence of ecclesiastical controversy. The paper argues that Balleine's lively account of Anglican evangelicalism's past in the eighteenth and nineteenth centuries was also an apologia and mandate for the future direction of the movement as it entered the twentieth century. It concludes by pointing to the sharp irony that while theHistoryhas gained a reputation for impeccable evangelical credentials, the historian was on a divergent trajectory away from his evangelical roots.