Traditional Doctrine Research Articles

ИНТЕРЕС РЕБЕНКА, ЗАКОННЫЙ ИНТЕРЕС РЕБЕНКА И ОХРАНЯЕМЫЙ ЗАКОНОМ ИНТЕРЕС РЕБЕНКА: ТЕОРЕТИКО-МЕТОДОЛОГИЧЕСКИЕ ПОДХОДЫ К ИССЛЕДОВАНИЮ

Introduction: populist rhetoric accompanying the concept of “child’s interest” gained its doctrinal tradition almost immediately with the adoption of the current Family Code of the Russian Federation. Regardless of the purpose of interpretation of this concept, its essence is usually reduced to the subjective aspirations of the child, which must be considered by all his social environment. As the textual analysis of the norms of the RF Family Code and the practice of law enforcement shows, the accumulation of experience of inconsistent and synonymous use of the concepts of “child’s interest” without a doctrinal analysis of the concepts related to it – legitimate interest, legally protected interest, and sometimes replaced by it, continues. Not without this, the question of how legal and non-legal relate in this concept remains open and not a little attracts the attention of the doctrine, although science still sends signals about the need for more “fine-tuning”. The purpose of the study is to theoretically recognize these signals using theoretical and methodological tools in order to conduct a theoretical categorization of the legal concepts “interests of the child”, “legitimate interests of the child”, “protected rights and interests of the child” that are actively used in the doctrine of family law and are very inconsistent in legislation. Methods: general scientific (dialectical); private scientific methods of cognition: formallegal, logical. Results: the structure of scientific knowledge about the interests of the child is not obvious today. In many ways, this state is generated by the facts of arbitrary use of interesting terminology. Family law science in this part does not so much create new scientific knowledge, but rather reflects the actual state of Affairs. While the real connection of the concept of child interest with legal matter implies not so much the frequency of its use in family legislation, but rather the connection with objective criteria. Based on the results of the study, the authors came to the following conclusions. One of the possible ways of further legally oriented research of the child’s interests may be to change the existing theoretical positions by attracting arguments based on the principles of regulatory and protective law. It appears to the authors, this approach will be able to distinguish between the interests of the child are significant for the implementation of its legal (legitimate interests) and interests, which in the case of a breach, to restore, to return the child the welfare state, which guaranteed to him by international and domestic law for the purposes of the full development of his personality (interests protected by law).

Breathed into Wholeness: Catholicity and Life in the Spirit by Mary Frohlich

Reviewed by: Breathed into Wholeness: Catholicity and Life in the Spirit by Mary Frohlich John J. Markey O.P. (bio) Breathed into Wholeness: Catholicity and Life in the Spirit. By Mary Frohlich. Foreword by Ilia Delio. A volume in Catholicity in An Evolving Universe. Series Editor, Ilia Delio. Mary Knoll, NY: Orbis Books, 2019. 242 pp. $28.00. In this impressive work Frohlich desires to develop an enhanced interpretation of the Christian doctrine of the Holy Spirit within the broader context of the term catholicity in its renewed meaning advocated by the series of which this book is a part. To accomplish this end, the author has set for herself a threefold task. First, she explains the internal relationship between doctrine of the Spirit and that of catholicity as implicit in the doctrinal tradition and in the extended treatment the term catholicity in the series. Second, she attempts, successfully in my opinion, to trace and articulate the "trajectory" of the inter-relationship of the theology of the Spirit of God and the human spirit as it has been understood in the Christian tradition. Finally, she seeks to re-imagine this relationship through an exploration of these themes in the context of Christian spirituality by which she means that field which primarily describes the experiential dimension of the relationship between traditional pneumatology and theological anthropology. Frohlich begins with an extended investigation into the concept of catholicity that discovers it initially signifies that the Church embraces and fulfills everything that is fundamentally human. Catholicity then implies that God's grace, through Christ and the Church, extends to all aspects of human experience and beyond human experience into all of creation to varying degrees. This understanding of the extensiveness and inclusivity of grace in turn expands traditional notions of the role of the Holy Spirit in human history and creation. Drawing on biblical and patristic sources, Frohlich chooses to highlight the interpretation of the terms ruah and pneuma as "breath," and so the Holy Spirit is the "Divine Breath" that flows within human beings and the world as a whole. The Divine Breath animates and enlivens all things metaphorically through as process of breathing "in and out." Frohlich extends this metaphor throughout the rest of the book as a way of re-imagining the traditional mission of the Spirit as well as reconceiving the implications of a robust pneumatology for both Christian spirituality and moral/ethical action. Frohlich, therefore, sees the Spirit as a "total environment that exerts influence" in unique way throughout the whole of creation (21). This also allows Frohlich to define the term "panentheism," one of the most important theological themes of the last century, in terms of pneumatology. From this starting point, Frohlich proceeds to analyze the traditional issues of Christian anthropology and spirituality. The Spirit as Breath is at the very heart of even seemingly "natural" human experiences as the "inner-dynamism that urges toward the maximum awareness of being inter-connected, whole or in harmony" with oneself and the wider social and created reality of which each person is a part (42). Chapter Three explores the contemporary crisis of what Frohlich calls the "Anthropocene." The Anthropocene is defined as the era of earth's history when human beings determine the primary structures of the earth's ecosystem. The potential and constantly looming destruction of earth's existing ecosystem by human beings creates the context in which all contemporary interpretations of Catholic person-hood must be done. In the following three chapters of her book, Frohlich examines [End Page 330] the various theoretical and methodological challenges to developing an integrative concept of catholic personhood. In these chapters Frohlich discerns that an authentic notion of catholic personhood must be rooted in a vision of an "apophatic" self that possesses real agency that enables it co-creates itself in cooperation with the Divine Spirit that universally works to bring each person and the whole of creation into a broader and deeply inclusive reality that offers a way through the present crisis of our time. The third part of this book, Chapters Seven through Nine, examines and describes the various practices–both traditional spiritual practices and contemporary modes of expressing the...

Colluding through smart technologies: Understanding agreements in the age of algorithms

By affecting business strategies and consumers’ behavior, the wide-scale use of algorithms, prediction machines and blockchain technology is currently challenging the suitability of several legal rules and notions which have been designed to deal with human intervention. In the specific sector of antitrust law, the question is arising on the adequacy of the traditional doctrines sanctioning anticompetitive cartels to tackle coordinated practices which, in the absence of an explicit “meeting of the minds” of their participants, may be facilitated by algorithmic processes adopted, and eventually shared, by market actors. The main concern in these cases, discussed both at regulatory and academic level, derives from the general observation that while the traditional concept of collusive agreement requires some form of mutual understanding among parties, nowadays decision-making of firms is increasingly transferred to digitalized tools. Moving on from these premises, the paper investigates the impact that the rules applicable to the conclusion of (smart) contracts may have, from an antitrust law perspective, in the detection and regulation of anticompetitive practices.

The Problem of Democracy against the Background of the Theory of Origin and Authority in the Social Doctrine of the Church Fathers and St. Thomas Aquinas

"e modern social doctrine of the Catholic Church supports all of the abovementionedviews with the exception that it treats some of its elements as theso-called “signs of the times” in which the creators of these views lived andwrote. "erefore, we cannot say that they became somehow time-barred. "eyhave entered the tradition of the social doctrine of the Church. Similarly, onecannot reasonably claim that the basic theses of the socio-political theoriesof Saint Augustine or Saint "omas Aquinas are obsolete in philosophical terms.At the most, one can disagree with them or try to correct them. Nevertheless, itseems that there are no better analyses of the nature of authority and its originfrom God. Considering these issues from the perspective of historical applicationsof the theories, especially the one coined by St. "omas, it is impossible notto notice the significant analogies of the reflections of Doctor Angelicus and theidea of a “nobles’ democracy” implemented in the First Polish Republic threehundred years later. It is also difficult to believe that a$er the creation of thescientific community of the Jagiellonian University in the fi$eenth century, theydid not affect the minds of Polish politicians at a time when the foundationsof this democracy were formed. Moreover, it seems that these considerationswere widely applied in the centuries-old process of crystallizing other modernand contemporary democratic system.

Порядки исчисления времени в романо-германском, российском и общем праве и их связь с фикцией коммориентов

The article shows three models of calculating time in relation to civil law relations on the example of several jurisdictions representing the main private legal systems of the world. The author proves that adherence to the particular order of time computation is strongly related to the reception of one of the three traditional doctrines: Roman civil, Roman natural and Anglo-American. All three procedures of use of the order of time calculating are analyzed on the example of the institute of commorientes (heirs in simultaneous death and death in quick succession). Also author depicts the evolution of Russian Law and its transition from civil to natural time calculation in relation to the rules of succession by heirs in simultaneous death and death in quick succession.

The Bible, Theology, and the Virgin Birth: Continuing a Conversation?

ABSTRACT The topic of the virgin birth can provide a test case for the relation between critical biblical scholarship and creedal tradition within theological interpretation of Scripture. Divergent approaches to such interpretation are evident in Andrew Lincoln’s monograph, Born of a Virgin? and Oliver Crisp’s critique of that book in his Analyzing Doctrine. In this article Lincoln continues the discussion in a response to Crisp that explores some of their disagreements. It argues that Crisp misrepresents Lincoln’s type of theological interpretation as dominated by a fear of anachronism, while Crisp himself unwittingly defends a version of the virgin birth that is not the traditional doctrine. Crisp’s attempted theological refutations of Lincoln’s proposals for a fully incarnational Christology without a literal virginal conception and for an interpretation of the later dogma in terms of its force of signaling Christ’s full humanity are shown to be deficient. The exchange serves as a reminder that the result of bringing together biblical scholarship and theological skills will inevitably depend on the types of biblical and theological study involved and suggests that, in relation to the virgin birth, Crisp’s version of analytic theology fails to do justice to the historical and cultural dimensions of biblical texts and creedal affirmations.

CREATIVITY AND TRANSNATIONAL COMMERCIAL LAW: FROM CARCHEMISH TO CAPE TOWN

AbstractThis article examines the creative aspects of a range of international commercial law instruments which have in common that they seek to bypass traditional doctrine in order to increase commercial efficiency and ease of transacting. In short, the purpose of the harmonising measure is functional in that it seeks to overcome a serious obstacle to cross-border trade by providing commercially sensible solutions to typical problems regardless whether this disturbs established legal theory, which should always the servant of the law, not its master. Creativity applies not only to the formulation of an instrument but also to its interpretation. Those entrusted with preparing a commentary on the detail of such an instrument are likely to face difficult issues of interpretation which may take years to surface and may only be resolved by a willingness to risk error in order to provide the reader with clear guidance rather than sheltering behind the presentation of alternative interpretations, while at the same time resisting the temptation to ascribe to words in a convention the meaning they would have under one's own national law.At least one of the instruments examined was conceptually flawed; it is mentioned to highlight the danger of over-ambition in delineating the sphere of application of the convention concerned. Undisciplined creativity comes at a cost. Another convention, and a highly successful one, is referred to only to demonstrate the value of creative ambiguity.

In what Sense Can the Scientifically Driven Theology Be Considered as a Continuation of the Doctrinal Tradition?

The central goal of the presented article is to show that the type of rationality proper to the method of the contemporary sciences yields a unique conceptual environment in which the spirit of rationality instilled to the theological thought by its encounter with the Greek philosophy finds its natural expansion. At the outset, the origins of the Greek rationality in the Ionian school of philosophy are briefly discussed in order to illuminate their adequacy for the exposition and defense of doctrine in the times of the early Church Fathers. Next, the specificity of the scholastic method of St. Thomas Aquinas briefly surveyed to indicate the nature of the unique harmony between faith and reason achieved by the Angelic Doctor. In the following step, the role of rationality in theology is gleaned through negative examples of its elimination as evident in nominalism and the subsequent Lutheran intervention. This is followed by a short discourse into of the origins and the specificity of the contemporary scientific method with particular emphasis on the method’s unique potential to expand and deepen the Greek rationality. Finally, a case study of the evolutionary theology is offered in which the implementation of the dynamic (evolutionary) picture of the Universe as the conceptual foundation opens up new and profound ways of understanding the Universe’s meaning and the meaning of man in particular. Thus the spirit of the hellenistic rationality in theology is not only preserved but also significantly enhanced.

Is Lack of Morality an Explanation for the Economic and Financial Crisis? A Catholic Point of View

Before 2008, several studies provided empirical evidence of a positive correlation between the functions of financial intermediation and economic growth. In 2008, the financial crisis shook trust in this correlation. Several studies found that comprehensive and fundamental changes were needed in the entire financial market. Attention focused on the role of morality as an essential and integral element of the economy, arguing that without a moral attitude at the individual and institutional levels, the whole system necessarily runs into crisis. Among the moral interpretations of the economy, which are concurrently based on philosophical tradition and religious doctrine, the Catholic Church has presented some of the most consistent and unified teachings related to such questions over time, but the effect on economic thinking is less than what relevance and other merits justify. Catholic social teaching suggests morality and the economy are inseparable and highlights the moral interpretation of economic discrepancies. By analyzing theoretical and empirical evidence, this paper assesses the economic validity and legitimacy of Catholic thought about the immanent role of ethics in the economy and the financial crisis.

Misja Kościoła — niezwykła zwykłość nauczania papieża Franciszka


 
 
 With Pope Francis a new chapter has begun in the history of the Church. This newness refers to the new internal situation of the Church, new “signs of time”, and new challenges which the Church has to face. Through the symbolic gestures of his pastoral practice and the directions indicated in his homilies and encyclical letters Francis responds to these challenges in the spirit of the Gospel.
 His whole pontificate is characterized by the profound desire to impart the newness and fresh- ness of the Gospel as well as what constitutes the core of its teaching. In this endeavor of returning to the sources, he sees the possibility of renewal of the Church. This entails a discernment of what constitutes the center and core of the Christian proclamation versus what is secondary, as well as how Jesus’ teaching has been distorted and deformed over the centuries. Francis speaks about the necessity of the apostolic and pastoral conversion of the Church. The Church has to undertake the “option for mission” and “apostolic dynamism”. She must go to the peripheries.
 In his teaching Pope Francis imparts the traditional doctrine of the Church. But he does it in a new way, using new language, new gestures and a new way of life. Like his predecessors, he wants to serve the faith. He does not wish to change what constitutes the core of the Christian faith. But he wants the Church to grow in the understanding of the Gospel as well as in the discernment of the ways of the Spirit. Therefore, he emphasizes the constant need for the attitude of discernment. This is what he has learned above all from Ignatian spirituality and his pastoral experience: “the discernment of the spirits”.
 
 

Antitrust in the Consumer Platform Economy: How Apple Has Abused its Mobile Platform Dominance

Consumer tech platforms such as Apple, Amazon, Google, and Facebook form indispensable parts of the modern economy. While their growing dominance increasingly threatens competition and consumer welfare, the outdated thinking behind current American antitrust law impedes enforcement against their abuse of power. The story of how Apple, which controls a critical gateway to the digital economy, has leveraged its dominance over the smartphone platform market to harm competition and deter the rise of future platforms provides salutary lessons and calls for special antitrust scrutiny for powerful tech platforms. This Note analyzes Apple’s violations of American antitrust law to inform ongoing litigation and investigations. It traces how Apple has abused its control of the App Store and the smartphone platform market through illegal tying and monopolistic refusal to deal, both hitherto under-studied issues. In forcing a supra-competitive 30% tax on third-party apps, blocking competitors, and favoring its own apps over rivals’, Apple’s anti-competitive practices have not only raised smartphone app prices and stunted innovation, but have also prolonged and expanded its monopoly by deterring future platforms from emerging. Using a Less Restrictive Alternative approach, the Note shows claimed benefits of Apple’s conduct are either pre-textual or unnecessarily restrictive. This Note also updates antitrust law by examining how the consumer platform economy has upended assumptions underlying traditional antitrust doctrines. Building on modern economics literature, it finds consumers and small businesses’ resource limitations, ecosystem lock-ins, and multi-layered networks create extraordinary information and switching costs, which give tech platforms immense power that their market share numbers belie. They also give platforms strong incentives to leverage their monopoly power outward, causing irreversible harm. These findings challenge traditional antitrust assumptions about rationality, market efficiency, and lack of entry barriers, which give an overly charitable view of dominant firms, and call for a rethinking of the current regime. The Note closes by proposing changes to current antitrust doctrines and enforcement. It is high time that courts reconsidered their hostility to monopoly leveraging and refusal to deal claims. Adjusting class action threshold to account for the diverse impacts of platform abuse of dominance will be critical to ensure private enforcement viability. Federal antitrust enforcement agencies will also need to step up with their resource and incentive advantages to aggressively push for evidence-finding, expanding antitrust doctrines, and helping small players where private plaintiffs fall short.

Ramazan Dikmen'in Hikâyeleri ve Modern Dünyanın Öğütücülüğüne İtiraz

Yaşamın temel eğilimlerinden biri, insanın kendini, muhitini ve yerküreyi anlamlandırma girişimidir. Bazı zümreler ise tanıyı koymakla yetinmeyerek kendi bulgularını kamuyla veya okurla paylaşmayı tercih eder. Bu bağlamda her özgün görüş, hali hazırdaki tezlere antitez olma potansiyeli taşımaktadır. Moderniteye muhalif bir çizgide ve eleştirel yaklaşımlarla hikâye kaleme alan Ramazan Dikmen, geleneksel doktrinlerden ve kadim bilinçten yana bir yaklaşım içindedir. O, ülke ve dünya ölçeğinde yaşanmakta olan medeniyet krizini tüm çıplaklığıyla metinlerine yansıtmaya gayret ederken sahip olduğu duygu yüklü söylemle bireyin salt rasyonel akılla ve faydacı tavırla yaratılış melekelerinden yoksun kalacağını düşünmektedir. Akıl, ancak sezgi, bilinç, hassasiyet ve merhametle insan yaşamına değer katabilir. Aksi takdirde modernizm ve sermaye, çağdaş insanı alenen tehdit eden bir urdan farksızdır. Dolayısıyla tahakkuk etmekte olan zamanın kötücül ve netameli ruhuna getirilecek itiraz, kaçınılmaz olacaktır. Ramazan Dikmen'in hikâyeleri bu yönüyle birer hesaplaşma metnidir. Bu hesaplaşmalar bireyselliğe de toplumsallığa da açıktır. Dikmen, ihtiyaca göre ironik üsluba başvurabildiği gibi dolaysız anlatma ve gösterme becerilerinden de yararlanmıştır. Kahramanların hatrı sayılır bir miktarı isimsizdir. Nitekim kimlik ve duruş, isimden önce gelir. Yazar, farklı yapısal denemelerde ve teşebbüslerde bulunur. Bilindik, standart ölçülerin yanında yeni ve alternatif biçim modelleri sunar. Ramazan Dikmen'in hikâyelerinde yüklü miktarda ve çaresiz bir karamsarlık hâli olmadığı gibi romantik olgularla bezeli bir dünya tasavvuru da mevcut değildir. İnsanoğlu ve yeryüzü, farklı kanallarla mütemadiyen istila halindedir. Çekilen ve çekilmekte olan acı ve ıstıraplar ötelenir fakat unutturulmaz, bilhassa hatırlatılır. Bu doğrultuda kişiye dayanak olan insani normlar devreye girer. Yanyana ve temas halindeki iki insan birbirini çürütebildiği gibi diriltebilir de. Dostlukları inşa eden husus, mezkûr dirilişler ve çıkarsız etkileşim halleridir. Yapıcı ve ıslah edici müşterek temenniler, Ramazan Dikmen'in hikâyelerindeki olay örgüsüne yön verir. Ramazan Dikmen'e göre performans toplumu, kanaatin geri planda kalmasına zemin hazırlar. İlaveten kargaşa ve kaos ânında insanı teskin eden, özel uğraş ve ihtimamla müşahhas bir karaktere bürünen "yuva"ların apartlara evrimi kaygı verici boyutlardadır. Ancak yeryüzündeki ideal ve ilkeli tiplemelerin varlığı, eşya ve mekânın yitirilmesine set çekecektir. Bu çalışma, Ramazan Dikmen'in hikâyelerindeki insani ve kültürel yozlaşmanın farklı boyutlarına değinmeyi hedeflemektedir. Ayrıca kolektif hafızanın unutma tehlikesi yaşadığı, kuşatıcı niteliğiyle daima evrenselleşme temayülü gösteren ulvi değerler de irdelenecektir.

Catholic racism and anti-Jewish discourse in interwar Austria and Slovakia: the cases of Anton Orel and Karol Körper

ABSTRACT Szabó’s study deals with the phenomenon of so-called Catholic racism, that is, the penetration of racist argumentation into anti-Jewish polemics within European Catholicism, in the first half of the twentieth century. It presents the ideas of two Catholic intellectuals—Anton Orel from Austria and Karol Körper from Slovakia—to demonstrate that, while this process unfolded against the background of the rising Nazi movement in Germany, it was specific to the different national contexts of Central Europe. While in Germany several Catholic commentators and theologians sought to reconcile Catholic doctrine with notions of racial supremacy, in other countries they responded differently to such tendencies. The Austrian writer Anton Orel, for example, highlighted the supranational identity of a ‘Great Austria’ (Grossösterreich) based on Catholicism and corporatism, as opposed to German national and Protestant racism, whereas his Slovak colleague Körper surprisingly drew inspiration from the white supremacist ideology of North America. Apart from the different national contexts, Szabó’s study also describes the transnational character of Catholic racism. In modern Catholic antisemitism Jews are stereotyped not only based on religious differences but, in the light of conspiracy theories, they are also presented as an embodiment of modernization, a socio-economic and political ‘threat’. Another specific feature of Catholic racism is the fact that it did not primarily defer to the authority of natural science, which had challenged its earlier monopoly on the interpretation of the world and man’s place in it. Instead, its supporters gave a political character to the traditional doctrine of substitution theology, so-called supersessionism, based on which Christians claimed to assume the role of the Jews as the chosen people. Correspondingly, the chosenness of the Jewish people is negatively connoted as a conspiracy of the ‘Jewish race’ against the Catholic religion and traditional states as well as new Christian-corporative nations, which Jews had allegedly sought to subdue in their conquest for world domination by means of capitalism or Bolshevism. Catholic racism is thus set in the wider context of the development of modern antisemitism towards its most radical Nazi form. Not even the Nazis were able to define their anti-Jewish bias scientifically, and they were therefore dependent on religious cultural models.

Who Pays for AI Injury?

Algorithms hurt people everyday. Are such injuries just regrettable externalities of technological progress that victims should be left to bear? Or should someone else be civilly or criminally liable for the injury? The law does not always provide an answer, which can leave innocent victims holding the bag. Traditional doctrines condition liability on faulty conduct from a human agent, but we are now entering a phase of technological and economic progress where the people involved might be doing everything they should, and it is the machines that are misbehaving. The trouble is that machines are not cognizable legal actors. This short paper turns to corporate law for a solution. While algorithms are not legal actors, the corporations that develop and run them are. The law should recognize that corporations act through the algorithms over which they have beneficial control. Then the social control that the law exercises over corporate harm would come to bear on algorithmic harm too.

Business and Armed Non-State Groups: Challenging the Landscape of Corporate (Un)accountability in Armed Conflicts

AbstractEconomic and armed non-state actors increasingly operate through their transnational activities. International public law excludes them from any international regulation or accountability process. International humanitarian law (IHL, the law of war) as a branch of international public law is an exception to this because it also regulates the behavior of non-state actors. Recent developments pertaining to the potential liability of business entities for involvement in international crimes, particularly when related to the activities of ANSGs challenge the traditional doctrine of international law and demonstrate the need for its norms to adapt to an evolving reality.

The Case of the “Offering of Life” in the Causes for Canonization of Catholic Saints: The Threshold of Self-Sacrifice

Catholic legal and doctrinal tradition defined two main cases for the canonization of saints: until very recently, sainthood was related either to martyrdom or to the heroic practice of virtues, ascertained through a well-defined judicial procedure. In 2017, Pope Francis renewed this ancient tradition by introducing a third case, consisting in the “offering of life”, namely the sacrifice of one’s life in the name of charity, intended as Christian love for the others. The “offering of life” is placed at the center of an ongoing process of mediation between papal authority, the judicial praxis of the causes for canonization, and ecclesiastic law. The introduction of this new type of sainthood can be explained in light of the growing difficulty to apply the two traditional grids of behavior established by the Church in the evaluation of the life of new kinds of persons who enjoy a widespread fame of sanctity, but are not conform to the strict jurisprudential criteria of martrydrom and heroicity. Therefore, the debate surrounding the “offering of life” entails a dialectics between the necessity of a rationalized set of models, providing precise—and thus evaluable—“narrative programs” (Greimas) and defining a circumscribed number of canonizable human types, and the unprecedented multiplication of instances of sanctity in the contemporary world.

Engendered Violence Against Afghan Women in Atiq Rahimi’s A Thousand Rooms of Dream and Fear

The universal concern of domestic violence against women in its various manifestations came to the center of scholarly attention due to its harmful effects and consequences on the lives of thousands of women worldwide. This umbrella term that refers to any form of physical, sexual, and psychological abuse against women is the result of gender-based power imbalance and sexist inequalities in societies where patriarchal norms hold sway. However, the enormity and severity of the problem is more profound in third-world countries where governing policies are determined by traditional and religious doctrines. Afghanistan is one such third-world country where woman’s oppression and abuse originate from the reigning religious principles that dominate its culture, society and politics. Nevertheless, there is a recent trend among literary figures of the Afghan Diaspora in highlighting the plight of Afghan women in Afghanistan through the medium of fiction. This paper therefore intends to investigate the manifestations of domestic violence against women in the Afghan context through a reading of Atiq Rahim’s novella, A Thousand Rooms of Dream and Fear (2007). Rahimi’s novella narrates the story of a male protagonist named Farhad and simultaneously highlights the miserable living conditions of the Afghan people, particularly the lives of Afghan women during the turbulent period of the Soviet Invasion as well as the many internal political upheavals that followed soon after. Using feminist literary criticism, the present paper shall discuss the depictions of three prominent forms of domestic violence against women as experienced by the female characters in the novella, namely physical, sexual and psychological violence that have shaped them into oppressed, silenced and traumatized individuals.

Legal Standing of Pre-Contractual Good Faith Principle as a Law Reformation of Indonesian Contract Law

Good faith plays an important role in a contract since it holds a dominant position either during pre-contractual phase or when a contract is executed. However, pre-contractual good faith in Indonesian Civil Code is not recognized as such thereis no legalassurance. In fact in pre-contractual stage, the parties already put some investment based on trust and hope, however, they faced dead end and they did not reach an agreement. This was tinted with the fading of wall between two major legal systems: CommonLaw System and Civil Law Systemas a result of dynamic in business relation involving countries bringing some developments in contract law. The extension in the substance of good faith in Article 1338 verse (3) of the Civil Code should not be implemented so grammartically that good faith does not only appear during the execution of the contract but it should also be interpreted during the whole process of the contract that good faith should lay the foundation of the parties relation both in pre-contractualphase and during the contract such that the good faith in Article 1338 verse (3) of Civil Code functions dynamically. In UPICC, the provision of good faith is stipulated in Article 1, 7 stressing on the importance of good faith and fair dealing. This stressing underlays the process of contract agreement. Good faith should be interpreted and formulated during the whole process of contract. Under the traditional doctrine of Common law, court cannot punish the defendant because Common Law system does not recognize the good faith principle in negotiation process. Nevertheless, modern law contract waives the legal assuranceto reach a substantial justice that good faith is not only applied in a contractual relation but also in a pre-contractual. Meaning, good faith does not only bind upon matters explicitly stated in the agreement, but also upon ones that traditionally are required by appropriateness, tradition, or the law as stipulated in Article 1339 of the Civil Code and Article 6:248 of Netherlands NBW. The good faith and fair dealing principlesshould be the underpinningof contract law. Each party should uphold the principles of good faith and fair dealing in the whole process of the contract starting from negotiation, contract arrangement, the execution of the contract as far as the termination of the contract particularly in the reformation of Indonesian future contract law

Legal Standing of Pre-Contractual Good Faith Principle as a Law Reformation of Indonesian Contract Law

Good faith plays an important role in a contract since it holds a dominant position either during pre-contractual phase or when a contract is executed. However, pre-contractual good faith in Indonesian Civil Code is not recognized as such there is no legal assurance. In fact in pre-contractual stage, the parties already put some investment based on trust and hope, however, they faced dead end and they did not reach an agreement. This was tinted with the fading of wall between two major legal systems: Common Law System and Civil Law System as a result of dynamic in business relation involving countries bringing some developments in contract law. The extension in the substance of good faith in Article 1338 verse (3) of the Civil Code should not be implemented so grammartically that good faith does not only appear during the execution of the contract but it should also be interpreted during the whole process of the contract that good faith should lay the foundation of the parties relation both in pre-contractual phase and during the contract such that the good faith in Article 1338 verse (3) of Civil Code functions dynamically. In UPICC, the provision of good faith is stipulated in Article 1, 7 stressing on the importance of good faith and fair dealing. This stressing underlays the process of contract agreement. Good faith should be interpreted and formulated during the whole process of contract. Under the traditional doctrine of Common law, court cannot punish the defendant because Common Law system does not recognize the good faith principle in negotiation process. Nevertheless, modern law contract waives the legal assurance to reach a substantial justice that good faith is not only applied in a contractual relation but also in a pre-contractual. Meaning, good faith does not only bind upon matters explicitly stated in the agreement, but also upon ones that traditionally are required by appropriateness, tradition, or the law as stipulated in Article 1339 of the Civil Code and Article 6:248 of Netherlands NBW. The good faith and fair dealing principles should be the underpinning of contract law. Each party should uphold the principles of good faith and fair dealing in the whole process of the contract starting from negotiation, contract arrangement, the execution of the contract as far as the termination of the contract particularly in the reformation of Indonesian future contract law

Beauty and Ugliness in Offer and Acceptance

This essay applies classical aesthetics to the contract doctrine of offer and acceptance. It argues that contract law can be understood, analyzed, and improved using three criteria of beauty: proportion, integrity, and clarity. Based on these criteria, this essay (1) argues that the traditional doctrine of offer and acceptance is beautiful, (2) argues that UCC §2-207 is ugly and fails to improve upon offer and acceptance, and (3) suggests improvements for UCC §2-207.