Doctrinal Issues Research Articles

REVIEW OF EXECUTIVE ACTION ABROAD: THE UK SUPREME COURT IN THE INTERNATIONAL LEGAL ORDER

AbstractIn January 2017, the UK Supreme Court handed down landmark judgments in three cases arising out of the UK government's conduct abroad. In Serdar Mohammed v Ministry of Defence, the Court considered whether detention in non-international armed conflicts was compatible with the right of liberty in Article 5 of the European Convention on Human Rights. The second case, Belhaj v Straw, involved an examination of the nature and scope of the foreign act of State doctrine, and its applicability as a defence to tort claims arising out of the alleged complicity of the UK Government in human rights abuses abroad. Finally, Rahmatullah v Ministry of Defence saw the Court examining the nature and scope of the Crown act of State doctrine, and its use as a defence to tort claims alleging unlawful detention and maltreatment. All three cases raise important doctrinal issues and have significant consequences for government accountability and access to a judicial remedy. At the heart of each decision is the relationship between international law and English law, including the ways in which international norms influence the development of English law and public policy, and how different interpretations of domestic law affect how judges resolve questions of international law. These cases also see the judges grapple with the role of the English court in the UK constitutional and international legal orders.

Modern Catholic Social Teaching: Commentaries and Interpretations

With an equal emphasis on every word in the title - and with a distinctly American perspective - Himes and his distinguished associate editors and contributors have assembled the most thorough and authoritative assessment of modern Roman Catholic social teaching to date, likely to remain the touchstone volume for decades. This culmination of many years of effort by twenty stellar scholars has produced a reference work for anyone interested in understanding or studying the key documents that comprise the central corpus of Catholic social teaching. In addition to interrogations of the major documents, this volume provides an understanding of the biblical and philosophical foundations of Catholic social teaching, addresses the doctrinal issues that arise in such a context, and explores the social thought leading up to the "modern" era, generally accepted as beginning in 1891 with the publication of Pope Leo XIII's Rerum Novarum. Finally, there is a review of how Catholic social teaching has been received in the United States, and an informed look at the short-comings and questions that future generations must address. By any standard, Modern Catholic Social Teaching is a remarkable work - intellectually rigorous and deeply faithful, it provides accessible and thought-provoking insights into the heart of a belief tradition that every Catholic will find invaluable.

مسائل الإیمان فی سورة الکهف

الدالالت العقدية على مسائل اإليمان في سورة سأتناول مسائل العقيدة واإليمان المستنبطة من السورة، تنقسم الدراسة إلى تمهيد وفصلين وکل فصل فيه عدد من المباحث: التمهيد يشمل: أوال: تعريف بالسورة ثانيا: القصص في السورة -الفصل األول :مسائل االيمان المتعلقة بأرکانه المستنبطة من السورة وسيکون في أربعة مباحث األول: إثبات وحدانية اهلل، وتنزيهه سبحانه، ن ازل الکتاب الثالث: توحيد األسماء والصفات، الثاني: اإليمان بالرسل وا الرابع: اإليمان باليوم اآلخر والبعث -الفصل الثاني :مسائل االيمان المتعلقة بالحياة وعالجتها السورة وفق منظور إيماني ويشمل عدد من المباحث تشمل عدد من قضايا اإليمان و شؤون الحياة وارتباطها باإليمان. الخاتمة وفيها عدد من النتائج والتوصيات نهاية البحث کلمات افتتاحية: الکهف، مسائل العقيدة، منظور إيماني، تربوية مسائل اإليمان في سورة الکهف Research summary Stochastic Significance on the Issues of Faith in Surat Al Kahf I will be addressing the issues of faith and doctrine in surah Al Kahf, which plays a role in correcting the conceptual approach and protecting mind and sense. Study breakdown: the study consists of an introduction and two chapters. Each chapter has a number of researches. Introduction consists of acquainting of Surah AlKahf and the story. First chapter: doctrine issues surrounding pillars of faith in Surah Al-Kahf, It will be in four chapters. First, proof of the oneness of God. Second, believing in his messengers and his books. Third, believing in monotheism of Allah’s names and qualities. Forth, believing in the last day and the afterlife. Second chapter: Correcting the conceptual approach and consideration of life according to the perspective of faith and it consists of 14 reaserch. It covers a number of creed and life affairs issues and how it is linked to faith Finally, the conclusion and it has several findings and recommendations.

What can we learn from Dordrecht for a possible authentic Confessio Africana?

The year 2018 marks the 400th commemoration of the Synod of Dordt, the most important synod of reformed churches in the Post-Reformation era. The Synod was convened by the States General of the Netherlands after decades of serious conflict and unrest in the Dutch churches, over the Arminian heresy regarding the doctrine on predestination. The Synod also had an international character since it was also attended by theologians from churches all over Europe and England. The main purpose of the Synod was to seek a resolution of the Arminian controversy and formulate a judgement on the Remonstrance of 1610. After a wearisome process of evaluating the writings of the Remonstrants, and a thorough studying of Scripture, the Canons of Dordt was approved and signed by all the delegates. In the years to come it was recognised as a confessional standard together with the Belgic Confession and the Heidelberg Catechism. As far as a possible authentic Confessio Africana is concerned, efforts in the past to draft such a confession were not successful. We learn from Dordt (as well as the drafting of other reformed confessions through the ages) that a true reformed confession is born resulting from the judgement of the churches on a fundamental doctrinal issue. Such a confession must be recognised and accepted by churches internationally because it is in accordance with the Word of God.

Heian Jingū

Abstract The founding of Heian Jingū 平安神宮 in 1895 is usually explained in very simple terms: it was established to commemorate the 1100th anniversary of the move to the Heian capital and was, therefore, dedicated to the city’s founder, Kanmu Tennō 桓武天皇. A closer look at the shrine’s founding story, however, reveals a much more complex account that illustrates the fits and starts of State Shintō in the third decade of the Meiji period. By disentangling the standard narrative of Heian Jingū’s founding, this article touches not only on doctrinal issues such as the deification of past emperors, but also on material aspects such as early attempts at reconstructing long-lost structures and the Meiji government’s creation of a set of plans that regulated the appearance of newly erected shrines. Doing so will help explain how the design of this major imperial shrine could deviate so significantly from the stipulated template and be so replete with Chinese influences at a time when the relationship between the two countries was one of outright hostility.

The new issue: Approaches to oneness Pentecostalism in the United States

AbstractWhen Oneness Pentecostals branched off in the 1910s, they began to create a version of Pentecostalism that was marked by a theology that rejected Trinitarianism, or the concept of a triune Godhead, and assumed a different trajectory over the past century. This new wave of Pentecostalism was marked by debates over further doctrinal issues, racial boundaries, and gender roles. This article provides a historical overview of the themes emerging from and approaches taken in the writings on Oneness Pentecostalism in the United States.

(Non‐)Enforcement of Directors’ Duties in Corporate Groups: Goh Chan Peng v Beyonics Technology Ltd

AbstractCorporate groups, a ubiquitous feature of modern business, pose formidable challenges for common law courts relying on traditional corporate law doctrine. Arising out of a corporate group's recent bid to recover millions of dollars in lost profits from a former director and CEO who had diverted a core business, Goh Chan Peng v Beyonics Technology Ltd raised thorny issues of separate legal entity doctrine, single economic unit theory, and reflective loss shared by common law legal systems. Despite finding that the defendant had breached his duties to the ultimate holding company, the Singapore Court of Appeal absolved the faithless director from most of his liabilities, relying on limited domestic precedent to the exclusion of a rich body of Commonwealth jurisprudence – including the House of Lords’ landmark Johnson v Gore Wood decision. This note explores the paths not taken by the court, and highlights the pitfalls of a narrow, autochthonous approach to problems of common law doctrine.

THE DISTINCTIVES OF “TWO KINGDOM” THEOLOGY

In recent years the Reformed world has tackled a number of doctrinal issues, the most recent being the Two Kingdom theology, the epicenter being Westminster Theological Seminary in California. This theology is intensely practical, since it impacts the daily work of the Christians as pilgrims through God’s world. The practicalities are depicted by the title of David VanDrunen’s intriguing book and defense, Living in God’s Two Kingdoms. This article examines Two Kingdom theology, reviews the main issues, and proposes a constructive criticism.

آراء أبی الیسر محمد البزدوی الاعتقادیة فی الشفاعة والجنة والنار

ملخص: هدفت الدراسة الکشف عن آراء أبي اليسر محمد البزدوي الاعتقادية في الشفاعة والجنة والنار، واتبعت الدراسة منهج البحث الاستقرائي: والمتمثل في قراءة کتاب أصول الدين لأکثر من مرة من أجل تتبع کلامه في المسائل العقدية مادة البحث، ومنهج البحث التحليلي: وذلک بعرض أقوال البزدوي في المسائل العقدية، وبيان أدلته عليها مع تحليل نصوصها، ومنهج البحث النقدي: والمتمثل في نقد آراء البزدوي ببيان المواطن التي وافق فيها الحق، والمواضع التي خالفه فيها، مع التدليل على بطلان شبهاته من خلال عرضها على نصوص الکتاب والسنة وفق فهم سلف الأمة وأئمتها، وکان من أبرز النتائج التي توصلت إليها الدراسة ما يلي: منهج الماتريدية ومنهم البزدوي في الاستدلال على اليوم الآخر وما يتعلق به من الإيمان بالغيبيات: ما يتعلق بمسائل اليوم الآخر من البعث والحشر والحساب والشفاعة والجنة والنار وغير ذلک تسمى عند الماتريدية بالسمعيات؛ لأن مصدرها عندهم السمع فقط - ويقصد به ما جاءت به النصوص الشرعية -، وأما ما يتعلق بمسائل التوحيد والغيبيات والإيمان، فهم يرون تقديم العقل على النقل، ويطلقون على ذلک العقليات والإلهيات أو الإلهيات والنبوات . وقولهم هذا مخالف للحق والصواب، إذ لا تعارض بين السمع الصحيح والعقل الصريح، موافقة البزدوي رحمه الله لأهل السنة والجماعة في إثبات شفاعة النبي لأهل الکبائر بما دلت عليه الأدلة الکتاب والسنة والإجماع، أن البزدوي قد وافق أهل السنة والجماعة في القول: بأن الجنة والنار مخلوقتان، وفي الأدلة التي ذکرها على إثبات هذه المسألة بما نطق به الکتاب العزيز من الحديث عن الجنة والنار بلفظ الماضي، وما جاء فيه من قصة آدم وحواء عليهما السلام، وإسکانهما الجنة وإخراجهما منها مما يدل بوضوح وصراحة على خلق الجنة والنار، أن أبا اليسر البزدوي قد وافق أهل السنة والجماعة في أن الجنة والنار خالدتان باقيتان لا تفنيان ولا يخرج أهل الجنة من الجنة کما لا يخرج الکفار من النار. The Views of Abul-Yosr Mohammad Al-Bizdawi in the Intercession, Paradise and Hell By: Maryam bint Mousa Aqily ABSTRACT The current study aimed at investigating the views of Abul-Yosr Mohammad Al-Bizdawi in relation to the Intercession, Paradise and Hell. study adopted the inductive method represented in reading the book of The Origins of Religion many times to figure out Al-Bizdawi’s views concerning the issues of doctrine (the research material). study adopted the analytical research method for presenting Al-Bizdawi’s views in the issues related to the doctrine and introduced his evidences and analyzed his texts. study also adopted the critical method represented in reading the views of Al-Bizdawi showing the situation in which he was with the right side and those which he was not with the right side. Furthermore, evidences were presented verifying the falsehood of his views via evaluating them from the viewpoints of the Holy Quran and As-Sunnah and the views of the Prophets’ companions and his followers. results of the study revealed that the Maatreedis and Al-Bizdawi’s views in relation to the Last Day and all the Unknown issues as Resurrection, Judgment, Intercession, Paradise and Hell and all the other issues which are called the Listened Issues as they were listened only from the prophet Mohammad (peace be upon him). In relation to the issues of Monotheism (Unknown and Faith), they preferred mind than other sources and called such issues as “Mind and God’s issues” or “God and Prophets’ issues”. Such conclusions are not acceptable by logic as there are no contradictions between direct listening and direct mind. Al-Bizdawi views were compatible with that of Ahl As-Sunnah and Al-Jama’ah indicating that the Prophet (peace be upon him) will intercede for those who committed great sins in the light of what was mentioned in Holy Quran and As-Sunnah and what was confirmed by the Muslims’ scholars. Al-Bizdawi views were also compatible with that of Ahl As-Sunnah and Al-Jama’ah indicating that Paradise and Hell are Allah’s (GBTH) creatures. Furthermore, Al-Bizdawi views were compatible with that of Ahl As-Sunnah and Al-Jama’ah indicating that the Paradise and Hell are Eternal and those who will be in paradise will not leave it and those who will be in the Hell will not leave it.

Transnational Corporate Responsibility in Domestic Courts: Still Out of Reach?

Despite some modest progress, corporate responsibility for human rights abuses in domestic courts remains elusive. In U.S. federal courts, Alien Tort Statute (ATS) litigation is now more precarious than ever before. While there have been some potentially important developments in English courts, judges are reluctant to extend responsibility to parent corporations for harm caused by the operations of foreign subsidiaries. Although U.S. and English courts have been concerned with distinct doctrinal issues, the overall picture appears to be one of deference to the corporation and its anatomized form, and to the goal of promoting investment abroad.

ECOLOGICAL AND ECONOMIC EFFECTIVENESS OF USE LAND IN CONDITIONS OF INFRINGEMENT OF INSTITUTIONAL TRANSFORMATIONS

The article is devoted doctrinal issues of environmental and economic effectiveness of use land in conditions of infringement of institutional transformations. The modern approaches to the definition of content of ecological and economic effectiveness of land use are analyzed. It is established that the overwhelming majority of domestic researchers interpret this notion regarding the use of agricultural land or farm land. It is proved that such an approach is justified, taking into account the structure of the land fund of Ukraine. However, this reduces other goals of the land user and functions of the land. It is proposed to investigate the category of ecological and economic effectiveness of land use in accordance with the provisions of the ecological economics, social welfare theory, and concept of total economic value. Based on the classification of land functions, the criteria of selection material content and social form of ecological and economic effectiveness of land use are determined.

Paulicians Between the Dogme and the Legend

The paper compares how Paulicians were described in different types of medieval Slavonic sources by using the approach of the linguistic and culturological conceptualization of the alterity. By means of linguistic analysis, it tries to reach some essential dogmatic issues in the Paulician doctrine, and to focalize on the perception models towards Paulicians with their tangible semantic codes according to the specificities of the medieval world view. The two chosen texts the analysis is based on, are the legendary Bulgarian narrative Sermon about how the Paulicians have been conceived, and the Slavonic translation of 24th title of Panoplia Dogmatica by Euthymius Zigabenus. The analysis is followed by an English translation of the Sermon (insofar known in 8 copies), and a partial edition of the Slavonic translation of Zigabenus’s work upon the unique copy from the manuscript BAR 296, Library of the Romanian Academy of Sciences in Bucharest, dated between 1410–1420. The text account from the Slavonic manuscript is published for the first time, giving supplementary details about the overall Slavonic translation.

Teaching Contract Drafting through CaselawwA Syllabus and A Collection of My Musings about Contract Drafting Based upon Recent Cases

Law Schools are under ever­-increasing criticism for their failure to teach lawyers to actually practice law—particularly on the transactional side of the practice. That criticism is basically a criticism of the caselaw method of teaching law school subjects—a method that relies upon the reading of appellate decisions providing lessons in common law doctrine that are applied to a particular set of facts. While there are plenty of things to criticize in the current law school curriculum, the fundamental benefits of the caselaw method is actually not one of them—even for those who seek to become transactional lawyers rather than litigators. Indeed, to attempt to teach the how of contract drafting without a proper grounding in the why of contract drafting would be a waste of time. Certainly more practice skills courses taught by those that have actually practiced for a significant period of time would be a good thing—but not at the expense of the basic curriculum taught by the old­ fashioned, but effective, caselaw method. Instead, what is needed is a recognition of the value of the caselaw method in actually teaching transactional practice skills as well as common law doctrine, the mastery of which is essential to becoming a good transactional lawyer. What follows, then, is a Syllabus created by the author for a contract drafting course that seeks to balance the teaching of practice skills with the importance of a solid grounding in relevant caselaw; together with a collection of blog postings by the author regarding various contract provisions in the M&A arena should evolve (but not always have evolved) in response to developments in the caselaw. The blog postings are all available at privateequity.weil.com glenn­west­musings. Many of the cases listed in the Syllabus are the subject of one of the blog postings that highlights the specific drafting issue and the common law doctrinal issue involved. This should be considered a supplement to my Contract Drafting 101: A Checklist Derived From Recent Case Law, http://ssrn.com/abstract=2805481.

Buddhist Ethics and Surrogacy Problem of Thai Society

In Thailand, surrogacy is practiced by a surrogate-volunteer woman-having an egg removed and fertilized with sperm from the male member of the household desiring offspring. The fertilized egg is then re-inserted into the surrogate to bring the embryo to term. However, there are many complications for couples desiring to explore the surrogacy alternative in Thailand: there is no clear legal ruling regarding surrogacy, the social perspective has not been adequately legislated, and the process has not been formally codified. Furthermore, the medical profession has been in a quandary as there is no clear authority to whom they can look to for guidance. Lastly, the medical profession lacks the ability to properly advise patients due to disputes over the ethical dilemma of surrogacy in Thailand. This article an analysis of the Theravada Buddhist Ethics regarding surrogacy in Thai society has found that there are three main issues of surrogacy in Thailand as follow: legal issues, doctrinal issues, and ethical issue. For the Buddhist ethical issue about surrogacy in Thai society, it is necessary to consider how the five precepts in Buddhism teachings relate to the issue. Is surrogacy ethical or not? There are major considerations to be judged, does the Buddhist perceptive prohibit or support surrogacy. If surrogacy can only accomplish through the breaking of the five precepts, with mental unwholesome, or a lack of conscientious regard, then it should be deemed that “surrogacy is unethical.”

Byzantine tales of Jewish image desecration: tracing a narrative

This paper questions the significance and meaning behind the Byzantine legends of Jewish image desecration between the sixth and tenth centuries. The narrative of these tales, as historical and literary phenomena, uncover the uneasy equilibrium between the Christian theologians’ fear of idolatry and their need to gratify the Christian veneration of sacred images. It also confirms how doctrinal issues regarding types of images, their representation, real presence, worship and theological truth could be integrated into fictitious tale narratives about Jews to locate and define the Christian response to images at any given time.

Digital Design Protection in Europe: Law, Trends, and Emerging Issues

Digital designs - that is, designs for display on electronic screens - have recently burst onto the intellectual property (IP) stage. While in the U.S. a smattering of legal studies have recently addressed the question of digital design as a copyright-, trademark- and patent-eligible subject matter, a European perspective is still lacking in the literature. This study provides an overview of basic legal background to the protection of digital designs in Europe, explores firms'actual digital design protection behaviors, and highlights some important practical and doctrinal issues that warrant further study

ИНСТИТУТ АДМИНИСТРАТИВНОГО СУДЬИ КАК ЭЛЕМЕНТ АДМИНИСТРАТИВНОЙ ЮСТИЦИИ США

The Author focuses on the institution of administrative judges as a fundamental pillar of the functioning of administrative justice of the country. With the help of a historical and legal analysis, the prototypes of the administrative judge in the US system of government and their evolutionary path of development are defined; on the basis of the existing legislation and the doctrine taxonomic concepts are given and comparative study is made of this American state-legal phenomenon. As a result, the author offers solutions to some doctrinal issues concerning the nature of the conflict of administrative judges in the system of the basic principles of American democracy.

The Indian Yogācāra Master Sthiramati and His Views on the Ālayavijñāna Concept

The paper deals with Sthiramati, a famous sixth-century commentator and master of the classical Indian Yogācāra-Vijñānavāda school of Mahāyāna thought, in the first introductory part, and with his views on the ālayavijñāna concept in the longer second part. Two of Sthiramati’s Yogācāra works have already been available in their original language long ago. In recent years, various old Sanskrit manuscripts of further works ascribed to him have been found so that now there are three original works of Sthiramati available that deal at length with the ālayavijñāna concept and other classical Yogācāra views. These are invaluable resources, which have to be studied much more carefully than up till now. At the same time, unsolved problems about Sthiramati’s identity, the works that can be safely ascribed to him, and his commentarial style have to be addressed. The second part of the article deals with his views on the ālayavijñāna concept on the basis of the three extant Sanskrit text mentioned above, namely the two commentaries Triṃśikābhāṣya and Pañcaskandhakavibhāṣā and the supercommentary Madhyāntavibhāgaṭīkā. This part is intended to be just an introductory comparative study of the pertinent sections of these texts. Therefore, special emphasis is laid on an accessible presentation of the problems involved, on referring to and summarizing earlier pertinent research, on a discussion of select terminological and doctrinal issues deemed to be particularly important, for instance, the relation to the other forms of mind, the subliminal character and objects of the ālayavijñāna and its combination with an idealistic philosophy. of the classical Indian Yogācāra-Vijñānavāda school of Mahāyāna thought, in thefirst introductory part, and with his views on the ālayavijñāna concept in the longersecond part. Two of Sthiramati’s Yogācāra works have already been available in theiroriginal language long ago. In recent years, various old Sanskrit manuscripts of furtherworks ascribed to him have been found so that now there are three original works ofSthiramati available that deal at length with the ālayavijñāna concept and otherclassical Yogācāra views. These are invaluable resources, which have to be studied muchmore carefully than up till now. At the same time, unsolved problems about Sthiramati’sidentity, the works that can be safely ascribed to him, and his commentarial style haveto be addressed. The second part of the article deals with his views on the ālayavijñānaconcept on the basis of the three extant Sanskrit text mentioned above, namely the twocommentaries Triṃśikābhāṣya and Pañcaskandhakavibhāṣā and the supercommentaryMadhyāntavibhāgaṭīkā. This part is intended to be just an introductory comparativestudy of the pertinent sections of these texts. Therefore, special emphasis is laid on anaccessible presentation of the problems involved, on referring to and summarizingearlier pertinent research, on a discussion of select terminological and doctrinal issuesdeemed to be particularly important, for instance, the relation to the other forms ofmind, the subliminal character and objects of the ālayavijñāna and its combinationwith an idealistic philosophy.

Договор в пользу третьего лица: вопросы доктрины

Договор в пользу третьего лица: вопросы доктрины

Доктринальная проблематика определения юридической природы договора страхования в дореволюционный и советский периоды российской истории права

Доктринальная проблематика определения юридической природы договора страхования в дореволюционный и советский периоды российской истории права