Elements Of Doctrine Research Articles

Intermunicipal health consortiums as an institutional arrangement of cooperation and federative coordination for the promotion of health policies in municipalities

This paper analyzes the joint responsibility of federation entities for the promotion of health services, through structuring public policies that allow the reduction of disease risks, universal and equal access by citizens to health protection and recovery actions and services. Health services depend directly on the financial capacity of municipalities. At this point, the intermunicipal health consortia allows to the management carrying out results – efficiency, efficacy and effectiveness, aiming to deliver better quality services to people in the interested community. This work addressed doctrinal elements and positions through the dialectical interpretation method, with a deductive method approach. The aim is to show managers that there is the possibility of exponential gains in the provision of public services, with rational processes and expenses, and the implementation of projects considered unfeasible when carried out in isolation by the municipal entity. The consortium presents itself as an option to underfunding and a government tool for promoting structuring public policies in the health sector.

The Teaching of Doctrine in Casarosa’s Film “Luca”

Background: Films seen from the element of doctrine are very interesting to be used as positive lessons, because every action can have consequences for choices in attitude. Purpose: This study aims to observe the doctrine in the film "Luca" by Enrico Casarosa, so that it can be known the consequences must be accepted by Luca as the main character, the attitude that must be carried out in response to the doctrine. Method: This research is a literature research. The primary data source was obtained by Casarosa's film "Luca" published in 2021. The data analysis method uses content-based qualitative analysis of dialogue words, sentences, images, cuts, scenes, paragraphs, and descriptive film narratives as well as the responses of the main character "Luca" who have elements of doctrination. Data analysis techniques are carried out through three stages: data reduction, data display, and conclusion pulling/verification Results and Discussion: The results of this study show that there is a doctrine in the film "Luca" by Casarosa. Doctrine against the main character, Luca: Among them are 1) obedience, which is marked by running into hiding; he must not have contact with man; It is not allowed to talk, discuss, and even approach the surface of the sea. As a consequence, if Luca does not comply, he will be captured and killed by humans. 2) Freedom, which is characterized by humans having their own vehicle in life, does not need anyone without pressure. As a consequence, if he does not follow Alberto's character, he will not get freedom, cannot adventure in the human world, and will still feel afraid of everything. 3) Continue to learn, create and innovate, this is indicated by the existence of a telescope that can observe distant objects seen closely; You can travel in the universe and galaxies only through small tools such as telescopes. As a consequence, if he hadn't followed Giulia, he would never have had the experience of a telescope adventure. This tells us about the importance of going to school. Conclusions and Implications: The film "Luca", Casarosa inserts several doctrines to serve as lessons such as: 1) Whenever we see danger or murderers, we need to run to hide. Unless, we will be killed. 2) Whenever we have worries or fears in mind, we need to encourage them all and build our own ways to manage them as a force. Unless, we will continue to feel afraid of facing problems. 3) Dare to learn more, to experience more, to adventure more, especially to the world, universe, and galaxy, then our knowledge will increase. If we just stay and do nothing, we will only continue to be like a frog in a shell. 4) Learn more to increase knowledge, then we will know how to adventure the world and universe. If we do not develop ourselves by learning, then we will only become like people who stutter in knowledge.

Russia’s military conflict against Ukraine and its impact on the European Union’s wealth. Can good governance counteract the effects of the war?

Russia’s war against Ukraine, which originated in the midst of the COVID-19 pandemic, is undoubtedly one of the defining events of this current period, expected to exert a significant impact on the entire world’s economies. This study aims to determine whether the conflict between Russia and Ukraine has a significant impact on European Union (EU) Member States, particularly on the economic output of the EU countries, in the post-pandemic context. Difference-in-difference methodology alongside panel data econometric techniques are used to study the relationship between the effects of war, reflected in the deepening energy crisis, inflation, limited trade relations, restructuring of governmental expenditures, and the migrant crisis, together with economic freedom and governance quality as elements of neoliberal doctrine, and the economic wealth of EU Member States for the 1995–2021 period. In light of current research, the results prove that war has a significant impact on the economic output of the European Union structure, especially for the EU countries that rely the most on Russia’s energy imports. Using the difference in difference analysis, the impact of war on gdp_cap is evaluated as a drop in economic output of −405.08 euros per capita in the considered European countries. Applying panel regression analysis, defense and military expenditures, inflation, lack of trade openness, and increased levels of energy dependence negatively impact economic growth in the EU economies. In addition, this study provides essential information for public officials in order to prepare the EU economy for the recovery from war shocks in the forthcoming period, taking into account the study’s policy recommendations regarding energy reliance, restructuring public expenditure, prioritizing investment, and improving governance quality.

Objective» and «subjective» concepts of legal interpretation in German legal doctrine

Purpose. The purpose of the article is to reveal the essence of «objective» and «subjective» concepts of legal interpretation, their theoretical basis and practical application, a comparative analysis of the differences between «objective» and «subjective» concepts of legal interpretation in German legal doctrine. Methodology. The methodology includes a complex comparative analysis and generalization of the available scientific and theoretical material and the formulation of relevant conclusions and recommendations. During the research, the following methods of scientific knowledge were used: analysis of primary sources, comparative analysis, logical analysis, critical analysis, synthesis and generalization. Results. In the process of research, it was established that «objective» and «subjective» concepts of legal interpretation are important elements of German legal doctrine. Both concepts have their advantages and disadvantages, and their application depends on the context and the specific situation. It is important to ensure a balance between general principles and individual rights and interests in order to achieve a more complete and accurate interpretation of legal norms. Originality. In the course of the research, modern trends in the interpretation of law in German legal doctrine were analyzed, new approaches and ideas emerging in this field were reflected, and new theoretical approaches to understanding the «objective» and «subjective» concepts of legal interpretation in German law were proposed. Practical significance. The results of the research can be used in law-making and law-enforcement activities, which can contribute to the development of legal practice and improvement of the legal decision-making process.

Two Verticals, or the Paradox and Tragedy of Soviet Atheism

The object of the study is atheism and theism as important ideological components of two opposing solutions to the "main question of philosophy" – materialism and idealism – forming two systems of human life navigation. The subject of the study is two ideological paradigms – Soviet atheism and Orthodox Christianity. Materialism and atheism are the fundamental elements of the Marxist doctrine underlying the philosophy and culture of the Soviet period of Russian history, opposing theism, creationism and providentialism of the Christian understanding of the world and man, characteristic of the ideological paradigm of pre–revolutionary Russia. The purpose of the study is to clarify and substantiate the ideological intersection of these seemingly incompatible ideological positions. One of the objectives of the study is to substantiate their vertical semantic and value orientation. The novelty of the research, in particular, lies in the substantiation of the statement that two incompatible ideological poles represent varieties of the classical philosophical tradition with its vertical value-semantic orientation, and together oppose the main orientation of non-classical philosophy based on a horizontal scale of meanings and values. One of the main conclusions is that the vertical of Soviet materialism and atheism is a paradox and at the same time its tragedy: surprisingly, due to the vertical orientation of Soviet culture – formally atheistic – it is actually permeated with religious intuitions, questions, problems, ideas and plots disguised as secular concepts and terms, which finds its manifestation in various works of Soviet artistic culture.

Feeding the poor and sick during the 18th century. The register of purchases at a hospital of La Serena, Chile

This article analyzes the feeding forms and care, in a record made by the nursing friars of the Hospital San Juan de Dios of La Serena in 1796. The food intake of both patients and hospital staff, is examined through a quantitative and qualitative perspective. In this context, it is proposed that food intake, in a monastic space dedicated to the care of the poor and sick, responded to doctrinal elements typical of the Western Catholic tradition, but above all to local economic conditions. It supported the poor who wandered in a city with economic and social growth at the end of the 18th century.

A Material Tolerable State Maximum Probability Timing: The Elements of the Uncertainty Measure Conditional Optimization Doctrine

The presented study demonstrates the possibility of an analytical approach called the multi-optional hybrid-effectiveness functions uncertainty measure conditional optimization doctrine. This method is applied in order to obtain the known, therefore considered proven, solutions by-passing the entirely probabilistic approach. It is made in application to the stochastic process measures determination. Supposedly, the process is developing in the aircraft engine system’s element (the state condition of its material). The solution is found in the framework of the entropy paradigm. It helps assess the newly emerged materials applications rationality and the novelty technologies implementations expediency on condition of the operational options uncertainty.

Judicializing Foreign Affairs: The Canada-Saudi Arms Deal and the Implications of Transnational Tort Litigation

In the recent past, the ability to challenge Canadian government action with foreign relations elements has spilled over from administrative law into tort law. At the same time, tort actions against multinational corporations for human rights violations abroad have also seen a surge in Canadian courts, culminating in the Supreme Court’s recent decision in Nevsun Resources Ltd. v. Araya. This article addresses some doctrinal elements of a potential transnational tort claim against the Canadian government and a Canadian arms manufacturer pursuant to human rights violations arising from the 2014 Canada-Saudi Arms Deal [CSAD]. It also explores consequential effects that Canada’s burgeoning transnational tort laws can have on Canada-Saudi relations as well as the Canadian defence industry. Overall, this article uses the CSAD as one real-life scenario in which private law litigation can have broader effects on a country’s foreign relations and domestic economy. In this instance, the judiciary’s power to exact extra-judicial consequences illustrates how tort litigation can curtail the behaviour of governmental and commercial actors.

Співвідношення понять право і закон

The article proves that law is an effective means of regulation only in the rule of law. The rule of law underpins the work of the United Nations and other international organizations, as well as the political institutions of modern developed nations. It is shown that the concept of “rule of law” is lexically close to one of the basic elements of the positivist doctrine of law in the form of the concept of “rule of law”, which led to the identification of these concepts. It is substantiated that the Ukrainian vision of the rule of law is not limited to legislation as one of its forms, but also includes other social regulators, including morals, traditions, customs, etc., which are legitimized by society and conditioned with historically achieved cultural level. It is confirmed that justice is one of the basic principles of the law, decisive in defining it as a regulator of social relations, one of the universal dimensions of the law. It is proved that justice is considered as a property of the law, expressed, in particular, in the equal legal scale of behavior and in the proportionality of legal responsibility for the offense. In the field of the law enforcement, justice is manifested, in particular, in the equality of all before the law, the conformity of crime and punishment, the goals of the legislator and the means chosen to achieve them. In the article, that right, comes forward as effective means of adjusting only in the conditions of supremacy of thelaw. Principle of supremacy of right is the basis of activity of United Nations and other international organizations, and also political institutes of the modern developed states. It has been shown that a pan-European understanding of the concepts studied takes into account the main aspects of the concept of “rule of law”: all persons, whether public or private, must be bound by law and have the right to enjoy it. It is shown that modern society has developed an effective mechanism for ensuring the rule of law, which includes: the existence of the basic law of the country – the Constitution or its equivalent; clear and consistent system of legislation; institutions of justice, administration and security, which have the means and capabilities to ensure the application of legislation; legal culture. In the absence of equal law for all, the progressive development of society is impossible. Where there are groups above the law, as well as the practice of selective application of the law, incentives for development disappear. It is substantiated that the rule of law should be identified and implemented at the stage of law enforcement and the first step towards this is to increase the role of law as the main and primary regulator of public relations.

Социально-политический феномен лысенковщины в биологической науке: прошлое и настоящее

The article is devoted to the analysis of the phenomenon of lysenkoism as a practice of administrative reprisals against scientific opponents, which devel­oped in the natural sciences in the late 1920s and early 1930s, and developing in accordance with the emergence and transformation of the totalitarian political regime in the USSR. The scientific and ideological reasons for the emergence of lysenkoism as a system of theoretical views and philosophical and method­ological attitudes of T.D. Lysenko and his followers, summarizing under them the elements of the Marxist-Leninist doctrine. The position on the “inheri­tance of acquired traits” and the denial of the role of genes in the transmission of hereditary information were put forward by T.D. Lysenko as the basis for administratively promoted recommendations for obtaining forms with “altered heredity” in a short time, which caused the destruction of the foundations of breeding work, seed production and animal husbandry in the country. The es­calation of lysenkoism as a method of ideological struggle against scientific op­ponents in biological and agricultural science, which took place against the back­drop of a tightening of the political regime, led to the denial of classical genetics, the ban on genetic research, defamation and reprisals against scientists who did not share the views of T.D. Lysenko. Modern approaches to attempts to reassess the personality of T.D. Lysenko and the revival of his ideas from the point of view of new data in genetic science. Populist and propagandistic publications about T.D. Lysenko is criticized. The inconsistency of the identification of the para­digms of neolysenkoism and epigenetics is substantiated in view of the interpre­tation of epigenetic mechanisms of inheritance. The controversy around lysenko­ism and modern pseudogenetic theories, taking place on an international scale, allows us to state that the complexity and drama of the development of soviet ge­netics were directly related to the priority of state ideology and philosophy over the scientific process, and to draw conclusions about the inadmissibility of such an approach in the future.

The main aspects of the early «classical» stage of the formation of the Confucian doctrine of traditional China

The article is devoted to a comprehensive analysis of the main sources, works that developed and supplemented the main elements of Confucian doctrine that appeared during the lifetime of Confucius. The main data on the life and work of thinkers who developed and supplemented the teachings of the Great Teacher of antiquity, the main options for translating and interpreting the names of treatises and basic terminology are outlined. It outlines the main provisions and ideas of the treatise "Zhong Yun" written by Confucius 'direct students, which is of fundamental importance for the process of historical evolution of Confucian doctrine, and clarifies, details and deepens the theses of Confucius' main book "Lun Yu". Against the background of the basic traditional Chinese picture, one of the key principles of Confucianism is pointed out – the principle of the "golden mean", the critical importance of personal virtue of rulers, and the main approaches to determining the formula of human nature. It is determined that the subject of interest "Zhong Yun", broader than the basic treatise "Lun Yu" and denotes cosmogonic and moral properties of the spirit, more richly interprets the inner content of the fundamental category of humanity ("Ren") constructs an integral system of categories, the sources of which are in the depths of ancient Chinese mythology. The main concepts and meanings of the work "Da Xue" ("great teaching") are established, one of the most fundamental traditional categories of which is the concept of "where" – personal "grace", "achievement, acquisition", and the uniqueness and special place of a person in the universe is the ability to follow "due justice". The quintessence of the DA Xue worldview system is the presumption of immanent virtue of human nature, which should radiate from those in power in the form of "humanity"; the basic thesis of the treatise is the attitude according to which the ruler who "does not show" virtue is deprived of his right to rule. It is stated that the work named after the outstanding thinker of traditional China, Meng Tzu, was of fundamental importance for the long evolution of Confucianism. (Meng Ke), who not only expanded the leading principles of Confucius, but also improved the teachings of the great teacher by actualizing and considering new issues. This approach transformed the teachings of Kun Tzu into a harmonious construction of judgments, which later turned into the official government ideology and worldview system of the Great Chinese society, which has existed for thousands of years. It is to Meng Tzu that the orientation to consider human nature moral goes back, one of his most original ideas is the concept of the heart-mind, which is provided on the one hand by an innate, intuitive ability, moral instinct, and on the other by benevolence. On the contrary, the approaches of another thinker, Sun Tzu, were completely antagonistic to Meng Tzu's ideas and proved the conclusion that human nature is evil. Sun Tzu's concept is located exactly on the border between Confucianism and legalism, but the Thinker (unlike the legists) believed that it was not punishments and rewards that should curb the evil nature of a person, but moral improvement and high literature, that is, culture. Sun Tzu was the first in Confucianism and proved the concept of an enlightened monarchy based on the principle of both traditional morality and the authority and power of the law. Against the background of the study of significant monographic literature, conclusions are drawn about the almost instantaneous beginning of the complex deepening, improvement and development of teaching, already by the first students of Confucius. Confucianism was formed as a method of interpreting the ancient Chinese system of symbols and concepts, categories laid down in mythological form in an active, active spirit. The development of Confucian doctrine was due to the incorporation of elements of other teachings. Confucianism essentially developed through finding common ground with other Chinese doctrines. The key idea that emerged in the development of Confucianism is the statement that everything in a person, including his inner world, is just a reflection of the natural world, and the restoration of perfect social institutions will not mechanically restore perfect order in the Middle Kingdom. The core of the DA Xue ideological system is the assumption of the inner virtue (de) of human nature, which must be shown by those in power. In the course of its long evolution, Confucian traditional thought put certain fundamental problems and categories on the agenda much earlier than European thinkers did, of course, at the ancient, traditional level synchronous with that distant century

Suspect’s access to a lawyer at an early stage of criminal proceedings in view the case-law of the European Court of Human Rights

Access to a lawyer at the pre-trial stage of proceedings is an essential component of the right to defense in criminal proceedings and the right to a fair trial. Access to a lawyer enables the accused to make a good decision for his her defence. At present, there is no doubt that prompt access to a lawyer constitutes an important counterweight to the vulnerability of suspects in police custody, ensures equality of arms and provides a fundamental safeguard against coercion. This study analyses a suspect’s right to access to a lawyer at the initial stage of criminal proceedings in the case law of the European Court of Human Rights. The first part of the article provides an analysis of the understanding of the right to a lawyer at the pre-trial stage as applied by the ECtHR prior to the Salduz case. This period in the ECtHR’s case law was characterized by a lack of precision as to the temporal limits of the right laid down in Article 6 § 3 (c) of the ECHR. The next part shows the changes brought about by the judgment in the Salduz case regarding the protection of suspects and ensuring their right to counsel. It is argued that the Salduz doctrine not only covered the suspect’s access to a lawyer at the initial stage of the pre-trial proceedings, but also stressed the obligation to inform the suspect of his or her rights, including the right to remain silent. An important element of the Salduz doctrine was the possibility to eliminate evidence obtained during an interrogation conducted at an early stage of the pre-trial proceedings in the absence of a defense counsel. Further, the paper argues that the standard set out in the judgment in the Salduz v. Turkey case was confirmed in a number of rulings. The fourth part of the paper draws attention to the erosion of the Salduz standard that occurred with the judgment in the Ibrahim and Others v. the UK case. The article also brings into focus recent judgments of the ECtHR which have reinforced the view expressed in the Ibrahim and Others v. the UK case concerning a test of fairness of a trial as whole. It is underlined in the conclusions that recent ECtHR’s case law does not provide any cause for optimism regarding legal assistance at an early stage of criminal proceedings.

Katolické výhrady vůči liberálnímu chápání svobody a sociálního řádu

This article is a contribution to the recurrent debates on the (in)compatibility between Catholic and liberal tradition. It focuses on the differences between these traditions concerning their conceptual foundations: liberty and, more extensively, social order. In the first part, the article characterizes the most important doctrinal elements of liberal and Catholic political theory. In liberal tradition, the emphasis is upon normative and ontological individualism and the primacy of individual liberty. Catholic social ontology offers a rich understanding of social order where it differentiates between partnerships and communities. This is linked to the specific conceptualization of the common good which is more robustly conceived than in its liberal counterparts. In the second part, the article delineates the different meanings of liberty in contemporary liberal political theory. It demonstrates that the Catholic tradition unambiguously prefers the positive concept of liberty. Next, it dialectically moves to the concept of autonomy. Some versions of autonomy are closer to the Catholic tradition than others, but overall, the Catholic conception is based on a richer metaphysical foundation that links liberty with participation in the common good. The article culminates with D. C. Schindler’s metaphysical criticism of the basic building blocks of liberal thought, which explains the reasons why the liberal conception of the common good cannot accommodate its Catholic counterpart.

Paul and the Image of God

Paul and the Image of God

On Some Issues of Source Assessment in the History of Political and Legal Doctrines: Competition of Different Approaches

The paper is devoted to a little-studied problem, namely, source assessment in the history of political and legal doctrines from the perspective of the competition of different approaches. In this paper, sources refer to various forms of theoretical knowledge: views, doctrines, theories, concepts, ideas, schools, trends and approaches. In other words, we consider the types of sources in which thinkers of different eras and trends try to reflect the essence of state legal phenomena, primarily, the state and law, and other closely related institutions, such as power, property, democracy, the rule of law, etc. One of the main ideas of the paper is to justify the fact that the history of doctrines is primarily the evolution of the struggle between them. Moreover, the opposition of ideas is actually observed from the very beginning of political and legal thought. The problem of an objective assessment of the doctrines is highlighted, since there are many factors that prevent this. In this regard, we consider the time (chronological), methodological, ideological, political, scientific, ideological and other circumstances, including individual preferences. The assessment is based on the main form of theoretical political and legal knowledge, i.e. a doctrine and its structure. It is the structural elements of political doctrine that are evaluated by researchers of ideas, who themselves are not always free in their expert activities. This aspect is also reflected in the paper.The author summarizes: since the history of ideas is a history of struggle, competition in their evaluation is inevitable. It is possible to adhere to various philosophical views, but it is impossible to neglect the scientific validity of the teaching that is subject to evaluation. At the same time, this problem does not concern the doctrines that are being evaluated, but the personality of the evaluator of the doctrines, sometimes formed by the greatest thinkers.

RELIGIÃO NO PENSAMENTO POLÍTICO DE NICOLAU MAQUIAVEL

In this essay we analyze some elements of Niccolo Machiavelli's thought that concerns to the religious phenomenon, a topic which is not emphasized by his biographers or analysts. Through the analysis of two of his main works – The Prince and Discourses on the First Decade of Titus Livius – we highlight that the author did not have a disgust to religion nor an emphatic defense of the secularization of politics. In a sense, we note that Machiavelli, less concerned with theological or doctrinal elements, was interested in the religion in its practical sense for social and political life, as well as the obedience to laws and the maintenance of political power.

Migration from Maghreb: External and Internal Challenges for Europe

The article explores the issue of Maghrebi migration to Europe in the context of potential external and internal challenges it poses to European states and societies. Special attention is given to the „push‟ factors that underpin emigration of Maghrebis. The results of research highlight that migration from Maghreb to Europe is persistent. The current military, political and socioeconomic dynamics in the region imply that the Maghrebi migration flow will increase in the future. The article concentrates on reasons for radicalization of some members of Maghrebi immigrant communities in Europe. The findings indicate that Arab or Muslim background of immigrants is not the root cause for radicalization. Despite the fact that some elements of the Islamic doctrine are exploited by Islamist organizations, they mostly resonate with youth of second-generation migrant communities giving them a certain „frame‟ and purpose for their protest. The main conclusion is that the most serious threat to the European security comes not from the large-scale influx of migrants, which will be continue, but marginalization of big parts of migrant communities, most and foremost born and raised in Europe, as they are the ones that tend to get radicalized in the first place.

MONITORING THE ATTITUDE OF THE ORTHODOX CHURCH TO SEVENTH-DAY ADVENTISTS IN UKRAINE

Orthodox believers have been found to be prejudiced against Protestants, including Adventists. On the one hand, adherents of Orthodoxy see Adventism as a foreign (foreign) religious element, whose members level the millennial traditions of the dominant Church in Ukraine. On the other hand, it is believed that this denomination, combining in its doctrinal system certain elements of the teachings of the Baptist and Jewish religions, has become a religious platform for the spread of heretical ideas among Orthodox Christians. Moreover, religious antagonism on the part of Orthodoxy is also manifested in the terminology still used by Orthodox believers when referring to Protestants, including and Adventists by “sects” or “sectarians”. It is stated that mutual intolerance and religious antagonism can be explained by differences in worldviews and religious competition. Although in the context of world religious tolerance among scholars of the world's leading countries, such terminology to recognized Protestant denominations is unacceptable and discriminatory. However, the authors also cite positive references and responses in the media about Adventists from Orthodoxy. A positive aspect of Adventists is a thorough doctrinal system that is stable, systematic, and publicized. But the most positive response from Orthodoxy was given by Adventist teachings on the principles of a healthy lifestyle.

Analysis of judgment 001-13- SCN-CC for the application of the concentrated control of constitutionality in Ecuador

In the present investigation and starting from the doctrinal elements on the concentrated control of constitutionality, we analyze sentence 001-13-SCN-CC, where a consultation of the constitutionality of the norm is carried out. The results are modestly associated with the contributions that are always necessary to the study of constitutional law and as part of the interest in persisting in the defense of human rights according to the international instruments signed by our country. For this, research methods and techniques were applied that will facilitate the fulfillment of the objective, such as comparative law, analytical exegetical, logical historical, deductive inductive, triangulation and document analysis.

The Unconscionable Bargains Doctrine in England and Australia: Cousins or Siblings?

In discussions concerning the modern equitable unconscionable bargains doctrine, judges and commentators often draw seamlessly from English and Australian law as though they are siblings from the same family. In reality, their doctrinal elements are substantively and substantially different, and these reflect three core points. First, English and Australian law respectively imposes a negative and positive duty on contracting parties. Secondly, the legal policy underlying equitable intervention in completed contracts is much narrower and targeted in England than it is in Australia. Thirdly, ‘unconscionability’ means different things in the two jurisdictions. Ultimately, the Australian and English iterations of the doctrine are cousins rather than siblings, which counsels caution as to how the doctrine should be approached from a comparative perspective.