Traditional Doctrine Research Articles

An evaluation of cyber-worthiness and related factors in maritime safety and maritime security

ABSTRACT This article revisits the traditional definition and concept of seaworthiness against the backdrop of technological developments in maritime transport and maritime law. These developments in the maritime industry, coupled with the increasing volume of maritime commerce, have affected the traditional doctrine of seaworthiness and necessitate its redefinition. Of the many developments, this article focuses on maritime security generally and cyber-risk and hence cyber-worthiness in particular. The article argues that cyber risk management, as a part of maritime safety and security standards, should be reflected in the modern doctrine of seaworthiness. It is problematic to provide a generally acceptable uniform definition for seaworthiness in maritime law, because the concept is both relative and technical. Furthermore, and considering the components of a seaworthy ship, the need to assess new systems related to technology used in ships and safety in navigation, and to determine whether a ship can be deemed “cyber-secure” has become essential.

Política Exterior de China: del ascenso pacífico al sueño chino - implicaciones para el análisis de las relaciones internacionales

This article aims to examine the evolution of China’s foreign policy from the adoption of the “peaceful rise” policy to the present one which stems from the concept of the “Chinese dream” presented by Xi Jinping. The analysis is carried out in the light of major traditional international relations theories and introduces the doctrine underpinning the “Chinese dream” known as Tianxia. It finds that western traditional doctrine lacks rigorous consideration of Asian historical and cultural singularities that prevent them from fully explaining the international actions of the People’s Republic of China. In particular, China’s increasing assertiveness in its international relations along with its economic, military and technological advances, as well as the military conflicts in Ukraine and Israel, have exacerbated differences with the West. It is imperative to provide diplomacy with tools to assess the international context and the opposing positions of the West and the PRC that considers a theoretical framework that incorporates elements such as Tianxia, not as a substitute for Western tradition frameworks of analysis, but to enrich them. This is particularly true for the defense and projection of the interests of developing countries, which will require extensive diplomatic skills to navigate this complex context effectively as proactive players rather than bystanders in the international arena.

Reconceiving Trinitarian Creatorship and Redeemership through a Dialogue between Robert Jenson and Karl Barth: Soteriological Panentheism

In this article, I explore the significance of the protological and eschatological dimensions of the Trinity, critiquing and building upon the Trinitarian doctrines of Karl Barth and Robert Jenson. The traditional doctrine of the Trinity tends to separate the Triune God’s saving economy, which Barth attempts to reconcile via reclaiming their inseparability in his Church Dogmatics. However, Jenson critiques Barth for continuing to abstract the eternal life of God from God’s act in history and instead proposes an eschatological view of the immanent Trinity as the temporal fulfillment of God’s economic actions. By placing Barth and Jenson in mutual dialogue, I argue for a balanced integration of Barth’s and Jenson’s perspectives, asserting that both the primordial existence and the eschatological fulfillment of the Trinity are critical to understanding the Triune God as the Creator and Redeemer. At the end of the article, I propose a soteriological panentheism that aims to reconcile these dimensions. This scheme highlights the continuous, dynamic interaction between God’s eternal nature and temporal creation.

A Reassessment of the Role of Good Faith in Personal Liability Before and After Stone v Ritter

The paper explores the role of good faith within the traditional theory of fiduciary duty in the lead-up of the Delaware Supreme Court’s Stone ex-rel. AmSouth Bancorporation v. Ritter decision. The enforcement of the director’s liability is discussed concerning the doctrinal controversies concerning inter alia, the reach of the exculpation statute passed after the Smith v Van Gorkon holding. The paper also analyzes the conditions that a Plaintiff must survive a motion to dismiss a claim of director liability; the appropriate standard of review for alleged duty of liability breaches, and the role of good faith within the overall triad of traditional fiduciary responsibilities. Over a decade after this landmark case was decided, there is value in reconsidering whether the Stone judgment lived up to the promise of the Caremark holding and its reformulation of good faith as a judicial device for evaluating director liability in contexts that not do easily fit with the traditional doctrines of duty of care and loyalty.

Achieving Unity amidst Diversity in Christian Doctrines Beliefs and Practices: An In-Depth Analysis

Pursuing unity within the diverse landscape of Christian doctrines, beliefs, and practices is a perpetual challenge that has marked the history of Christianity. This paper delves into the intricate dynamics of fostering unity amidst theological diversity, doctrinal traditions, and varied expressions of faith within the Christian community. By analyzing the theological underpinnings of unity in Christianity, including core doctrines like the divinity of Christ and the authority of Scripture, the paper underscores the foundational principles that bind believers together. Despite these shared tenets, divergent interpretations, emphases, and nuances have given rise to doctrinal variations across Christian denominations. Moreover, the paper delves into the historical evolution of doctrinal discrepancies in Christianity, examining the origins of significant schisms, theological disputes, and doctrinal contentions that have influenced the multifaceted tapestry of Christian beliefs and practices. These historical fractures continue to shape interdenominational relations and interactions among Christians. Practical strategies for promoting unity amid doctrinal diversity are also explored, emphasizing the significance of ecumenical dialogues, interfaith collaborations, and initiatives to foster reconciliation and mutual comprehension. Recognizing and honouring the diverse spectrum of beliefs and practices while seeking common ground is pivotal in nurturing unity within the Christian community. In conclusion, the paper underscores the importance of balancing unity and diversity in Christian traditions, celebrating the richness and complexity that diversity engenders while upholding the shared faith that unites believers across doctrinal boundaries. Through respectful dialogue, humility, and an embrace of the diverse facets of the body of Christ, Christians can endeavour towards a more profound unity that transcends doctrinal discrepancies, fostering a spirit of love and fellowship within the Church. Keywords: Divergent, Christian Doctrines, Beliefs, Practices, Unity, Coherence, Christian, Christian Faith, Implications

JUDICIAL INTERPRETATION AS INFORMAL CONSTITUTIONAL CHANGES: QUESTIONS OF LEGITIMACY IN THE ASPECT OF THE DOCTRINE OF CONSTITUENT POWER

Background: Stability is considered a traditional legal value, particularly in relation to the stability of the constitution. This emphasis on stability stems from the need to protect the text of the constitution from frequent and unreasonable changes. However, stability must be combined with dynamism, a task primarily shouldered by the judicial branch of power through constitutional interpretation. Notably, ideas of judicial rule-making and the notion of a living/invisible constitution are only some manifestations of such a phenomenon as informal changes to the constitution. Yet, the potential risks posed by judicial intervention and the legitimacy concerns surrounding such informal changes warrant scrutiny. What is the correlation of informal constitutional changes through interpretation with the traditional doctrine of sovereign constituent power? What should be the limit of the interpretation of the constitution so that such an interpretation is not recognised as abusive? These and other issues are the focal point of research in the article. Methods: The following methods were used to research the main approaches to informal changes to the constitution. The system-structural method was used to characterise the concept of a living and invisible constitution and varieties of informal constitutional changes and to establish the relationship between these concepts. The logical-legal method made it possible to find out the content of the positions of scientists regarding the potential violation of the boundaries of interpretation of the constitution by the courts, as well as arguments for and against the legitimacy of judicial interpretation, an assessment of informal changes in the constitution from the standpoint of modern views on the doctrine of constituent power. Additionally, the comparative method was employed to study the experience of foreign countries in terms of the characterisation of binding interpretation. Results and Conclusions: The study analyses the current state of the concept of informal changes to the constitution through judicial interpretation, its connection with the doctrine of constituent power, as well as the question of the legitimacy of such an interpretation and its limits. The primary conclusion is that judicial activity guarantees the protection of the material constitution, principles and human rights. That is, the judiciary does not allow sovereign decisions made democratically (by the people) to infringe on human rights. Thus, the text of the constitution is interpreted in a conformal way to individual rights. Questions about the role of the judiciary, the possibility of informal changes to the constitution, and judicial lawmaking as such can be an indicator for distinguishing between authoritarian/totalitarian countries and democratic ones.

Civil liability for the actions of autonomous AI in healthcare: an invitation to further contemplation

There are already a number of autonomous robots that play a significant role in improving the quality of healthcare in different areas ranging from basic health diagnosis to complex surgeries. However, using robots and machine learning applications in the healthcare context poses concerns over liability for patient injury. This paper will thus attempt to investigate the potential legal problems that might arise if AI technology evolves or is commonly used in clinical practice. It also examines whether the traditional doctrines of liability can adequately address the liability for the injuries stemming from acts of autonomous robots. As such, this paper adopted both descriptive and analytical methodologies to explore the main focus of the study. while the descriptive methodology was used to spot light on various theories of liability, the analytical methodology was used to critically examine the main theories that have been advanced to deal with autonomous robots and predict the necessity of legal reform. Throughout this paper, the authors insist on the importance of distinguishing between robots in light of their degree of autonomy and then drafting liability rules depending on whether the action was done autonomously by an unattended robot or whether it was done automatically by an attended robot. Finally, the paper concludes with the proposal of a series of factors to be considered for the future regulation of AI Robots in the healthcare context.

Older LGBTQ People and Religious Abuse: Implications for the UK Regulation of Care Provision in Later Life

Research suggests health, social care, and social work professionals who are highly religious, and adhere closely to traditional doctrine, are more likely to take a negative view of LGBTQ people. This includes those who provide services to older people. Negative attitudes towards lesbian, gay, bisexual, trans and/or queer (LGBTQ) people can translate into poor care and even abuse. This commentary discusses recent literature on older LGBTQ people’s experiences of religious abuse. It highlights the concerns among many older LGBTQ people about care from religious based providers where religion becomes a factor leading to abuse, associated with microaggressions, psychological abuse, harassment, discriminatory abuse, neglect, and poor care. Even though only a minority of religious care providers may hold negative attitudes towards LGBTQ people, and even fewer may allow this to inform poor/abusive practice, this is nonetheless an area of concern and merits further investigation. All care providers, including those with strongly held religious beliefs, should deliver equally good, affirmative, non-abusive care to older LGBTQ people, and to LGBTQ people of all ages.<strong>Key words</strong>LGBTQ; religious care providers; abuse; adult protection; equality and human rights; law

The Resurrection of the Flesh: the ‘Peculiar Treasure’ of the Church

AbstractThis paper presents an argument for the recovery of the doctrine of the resurrection of the flesh. I argue that the doctrine accords with creedal and doctrinal tradition (§2), as well as the scriptural witness about the goodness and destiny of human flesh (§3). I then outline what it means to say – minimally – that the flesh (or ‘numerically the same body’) will be raised (§4). In §5, I argue that the doctrine speaks to the unique predicament of human beings, namely, that our very being (our flesh) is the site and source of our greatest fear – the fear of death. By focusing its proffered hopes on the same flesh in which our deepest fears are located, the promise of resurrection is shown to be a ‘peculiar treasure’. Finally, I suggest in §5a‐5c three practices by which the church can inculcate this hope in the face of death.

Why Do They Not Do More? Analyzing Peacebuilding Actions of Religious Leaders during and after Violent Conflicts

This article examines how religious leaders navigate between tensions involving theological ideals of peace and pragmatic realities during violent conflicts. The findings are based on 75 in-depth interviews with Orthodox, Catholic, and Islamic religious leaders in Bosnia-Herzegovina, conducted between the years 2015 and 2017. The paper introduces the concepts of “theological dissonance” to describe mismatches between principles and actions, and “pastoral optimization” for the strategy of maximizing influence under constraints. Factors influencing engagement in peacebuilding include doctrinal traditions, individual differences, organizational capacity of a religious community, effective control over messaging, and audience receptivity. In terms of practical suggestions, the article proposes several measures that could enhance synergy between religious and nonreligious actors working together in this field, most notably, understanding each other’s scopes and limitations and clarifying what “peace” and “peacebuilding” represent to each partner.

Death, Identity, and Awakening in Chinese Buddhist Doctrinal Traditions

Death, Identity, and Awakening in Chinese Buddhist Doctrinal Traditions

Dynamic Divinity in Flux: Tracing Nikos Kazantzakis's Convergence of Greek Theology and Evolutionary Philosophy

This study embarks on an analytical journey through the theological perspectives of Nikos Kazantzakis, underpinned by the concept of God's mutability and its roots in ancient and Byzantine Greek theology. Focusing on Kazantzakis's pivotal works such as "The Last Temptation of Christ" and "Report to Greco," the research employs a literary and historical approach to unravel the synthesis of Christian Orthodoxy, neo-Platonic philosophy, and modern evolutionary thought. The influence of Alfred North Whitehead's process theology and Henri Bergson's evolutionary vitalism on Kazantzakis's conception of a dynamic, evolving God is explored, challenging traditional doctrines of divine immutability. The study also delves into Platonic thought's impact on Kazantzakis, examining the dialectic of being and becoming, and the reinterpretation of classical concepts like stasis and kinesis in a Christian theological context. Additionally, it scrutinizes the compatibility of Kazantzakis’s views with Orthodox Christian theology, particularly in the light of contributions from figures such as Origen and the Cappadocian Fathers. The findings reveal a complex interplay between Greek philosophical heritage and Christian theology in Kazantzakis's work, offering a unique perspective on the nature of God and the compatibility of faith with evolving scientific understanding. This research contributes to the ongoing dialogue between religion and philosophy, highlighting the relevance of ancient wisdom in contemporary theological discourse and underscoring the transformative potential of theological thought in the modern era.

THE ICONOGRAPHY OF THE MYTHOLOGICAL PROGRAMME OF THE MITHRAIC SANCTUARY IN HAWARTE (SYRIA)

Hawarte is a small village located north of Apamea, one of the most spectacular cities of Roman Syria. In the area of that small village, unexpectedly a large Mithraic sanctuary located in a cave was brought into the light. The shrine was richly decorated with paintings covering almost the whole available space. Those discovered paintings represented a very rare Mithraic programme, which shows some variants of the Mithraic doctrine. Moreover, some architectonic elements discovered during the excavations gave a chance to correlate the time of the cultic ceremonies and rituals with the exact days of the calendar. Those unique elements recorded during the field works were a reflection of the broad-scale distribution of the Mithraic religion. In that field, doubtlessly an important role played Roman legions distributed almost in every corner of the Roman Empire. Those soldiers, who were dislocated in various places, and various locations effectively transferred a new doctrine. One of the variants of that doctrine or reflection of regional Mithraic tradition was discovered in Hawarte.

20 Years from Aedo v. Fisco: Is There Still Something of the Old Public Law Nullity?

On November 27, 2000, the Supreme Court decided the case "Aedo v Fisco", which set an important precedent regarding the understanding that traditional doctrine and case law had regarding public law nullity and its scope. After two decades, the question arises regarding the validity of this line of cases. Based on the examination of ten subsequent cases, a brief analysis of the new contours that the Supreme Court has set out regarding the general regime of the action for public law annulment is presented. In light of the evidence provided by the rulings, the author questions the validity of this action as a general mechanism for protecting the rights of the administered, noting the troublesome state of national administrative litigation.

Actio directa and Indirect Consequences of Damage in the Conflict-of-law Perspective

The problems of indirect victims are considered in many European and non-European jurisdictions because of the fact that the traditional doctrine of compensating damage is based on the directly injured person. The question of determining the law applicable to civil law liability for human death in cross-border matters becomes all the more crucial. In this context, special attention should be paid to the judgment of the Court of Justice of 10 December 2015, C-350/14, Florin Lazar v. Allianz SpA, in which it was concluded that the law applicable in such situations is the law of the country where the direct damage occurred and was suffered by the directly injured party. In addition, claims for damages formulated by indirectly injured persons require analysis in the context of their assertion directly against the insurer of the person responsible for the damage (actio directa).

De eeuwigheidsdimensie van het heil. Een verkenning vanuit de praktijk van missionaire pioniers

To what extent is the traditional doctrine of salvation applicable and relevant to missionary communication in a secularized, Western context? This article explores experiences and insights from three missionary pioneers in the Protestant Church in the Netherlands,with a particular eye on the ‘eternity dimension’ of salvation. While people feel uneasy with a classical understanding of predestination, atonement, and regeneration, new aspects of transcendence or eternity can be discovered in missionary situations. Both a secular audience and missionary workers need an awareness of God’s eternal choice and his faithfulness as the foundation for our response to the Gospel. The interaction between systematic-theological reflection and practical experience leads to mutualenrichment, and deepens our understanding of God’s unconditional love and grace in Christ

Are physiological oscillations physiological?

Despite widespread and striking examples of physiological oscillations, their functional role is often unclear. Even glycolysis, the paradigm example of oscillatory biochemistry, has seen questions about its oscillatory function. Here, we take a systems approach to argue that oscillations play critical physiological roles, such as enabling systems to avoid desensitization, to avoid chronically high and therefore toxic levels of chemicals, and to become more resistant to noise. Oscillation also enables complex physiological systems to reconcile incompatible conditions such as oxidation and reduction, by cycling between them, and to synchronize the oscillations of many small units into one large effect. In pancreatic β-cells, glycolytic oscillations synchronize with calcium and mitochondrial oscillations to drive pulsatile insulin release, critical for liver regulation of glucose. In addition, oscillation can keep biological time, essential for embryonic development in promoting cell diversity and pattern formation. The functional importance of oscillatory processes requires a re-thinking of the traditional doctrine of homeostasis, holding that physiological quantities are maintained at constant equilibrium values, a view that has largely failed in the clinic. A more dynamic approach will initiate a paradigm shift in our view of health and disease. A deeper look into the mechanisms that create, sustain and abolish oscillatory processes requires the language of nonlinear dynamics, well beyond the linearization techniques of equilibrium control theory. Nonlinear dynamics enables us to identify oscillatory ('pacemaking') mechanisms at the cellular, tissue and system levels.

Population Genomics, Confessionalism, and the Metaphysics of Original Sin

There are various reasons for the hesitancy toward—even the outright denial of original sin. One of the foremost reasons has to do with current proposals put forth by evolutionary science and population genomics. Because of this hesitation it is fair to wonder, must a traditional doctrine in which original sin derives from the actions of an original pair be discarded in light of these sciences? In this essay I propose a possible account of how Christians who hold to certain historic confessions and ecclesial pronouncements might continue to speak of the sins of an original pair if the most prevalent scientific account of human origins is correct. To do this I draw upon Jonathan Edwards’s account of personal identity.

Controlled Blood Pressure Rise Through Limited Fluid Resuscitation in Treating Multiple Injuries in Permutation with Shock and its Impact on Post-Resuscitation Hemoglobin Level

Background: Trauma is the largest root of death because 30% of trauma-related casualties are attributable to hemorrhages. Concerns were heaved about aptness of traditional doctrine of vigorous crystalloid resuscitation in these cases. Objectives: The study comparatively studied conventional and limited fluid resuscitation in control of blood pressure elevation and their effects on hemoglobin concentration. Methods: This exploratory study was conducted in Ali Fatima Hospital/ Abu Umara Medical and Dental College, Raiwind Road Lahore, comprising 340 patients who presented to the Trauma Center, with intensified multiple organ injury or shock and then transferred to ICU. Patients were allocated into two groups viz experimental (n=170) and control (n=170) and were administered with intravenous fluids via conventional mode and experimentally through limited resuscitation. Results: Recovery time of the experimental group (2.78+1.41) was significantly lesser (p<0.05) than control (3.41+1.78). Hemoglobin concentration was significantly improved (p<0.05) in the patients of experimental groups (mean 11.12+2.39 g/dl), then control. The incidence of mortality, shock, hypothermia and hemorrhages was significantly reduced (p<0.05) in experimental group, while hypoxia and intravascular coagulation were increased (p>0.05) in patients of the control groups. Practical implications: The clinicians should shift to limited fluid resuscitation to minimize the complications in trauma patients. Conclusion: The recovery rate and effective hemoglobin concentration were significantly improved in experimental patients, with reduced incidence of complications due to hemorrhages. Keywords: Electrolytes; Hypothermia; Hypoxia; Multiple organ failure; Resuscitation.

God in Motion: A Critical Exploration of the Open Theism Debate, ManuelSchmid, Baylor University Press, 2021 (ISBN 978‐1‐4813‐1408‐4), viii + 208 pp., hb $24.99

God in Motion: A Critical Exploration of the Open Theism Debate, ManuelSchmid, Baylor University Press, 2021 (ISBN 978‐1‐4813‐1408‐4), viii + 208 pp., hb $24.99