Elements Of Doctrine Research Articles

Use of Ayahuasca among Rubber Tappers of the Upper Juruá

The article is the fruit of co-authorship between an anthropologist with long research experience in the area of the Extractivist Reserve of the Alto Juruá, in the far west of the state of Acre in the Brazilian Amazon, and a rubber tapper who was first introduced to ayahuasca in the context of a rubber camp. His initiation has elements of non-indigenous and indigenous culture and results in a quite original synthesis, which is narrated in the first-person at the beginning of the article. The article traces the history of the introduction of ayahuasca, or cipó (vine), among the rubber tappers of the Alto Juruá in their relations with indigenous populations and their pajés (shamans), highlighting those rubber tappers who distinguished themselves as apprentices and became healers renowned among their contemporaries. Beginning in the 1980s the use of cipó occurs in the context of the struggle of rubber tappers against the rubber bosses, and ayahuasca mysticism merges with political conflict. New syntheses take place, now with the introduction of elements of the religious doctrine of Santo Daime.

Jurgen Moltmann's doctrine of God: The trinity beyond metaphysics

In this article I show how Moltmann's rejection of metaphysics (as a theological starting point) serves as an important controlling feature of his trinitarian doctrine of god. In so doing, I articulate several reasons that have motivated Moltmann's post-metaphysical methodological choices when formulating his trinitarian doctrine of god. After considering such reasons, I then address three distinctive elements of Moltmann's doctrine of god that emerge from his post-metaphysical trinitarian doctrine of god.

Philosophical Issues in Tort Law

AbstractThe union of contemporary philosophy and tort law has never been better. Perhaps the most dynamic current in contemporary tort theory concerns the increasingly sophisticated inquires into the doctrinal elements of the law of torts, with the tort of negligence in particular garnering the most attention from theorists. In this article, I examine philosophically rich issues revolving around each of the elements constituting the tort of negligence: compensable injury, duty, breach, actual cause, and proximate cause.

Shame, Desire And Marginality

How do elements from Christian doctrine help or hinder people when interpreting their lives? In what ways does such doctrine contribute to the shaping of personal and socially embedded phenomena vital for human development? What might empirical material contribute to in terms of providing a critical challenge to traditional doctrines relevant for such matters? These are questions that the present article wants to explore. As an empirical point of departure, it looks into material from a larger study on religious elements in people’s life-stories. By looking at how phenomena like shame and desire can be detected in discourses on the informants’ religious framework and their experiences, the material provides a basis for understanding the nuances of the pragmatic context in which doctrinal elements function. The picture emerging from these explorations is multifaceted, and suggests that the ways in which religious communities – by means of doctrine – relate to phenomena embedding shame and desire might have a strong impact on how people see their future relation to church life.

Forum Non Conveniens and Retaliatory Legislation: The Impact on the Available Alternative Forum Inquiry and on the Desirability of Forum Non Conveniens as a Defense Tactic

A motion to dismiss on grounds of forum non conveniens has become the primary response of domestic defendants to tort actions brought by foreign plaintiffs in U.S. courts. The motion is not only filed, but also granted, in nearly every case. Various elements of the modern doctrine of forum non conveniens almost guarantee this outcome where the alleged wrongful act and injury occurred in another country. A forum non conveniens dismissal typically means that a foreign plaintiff must seek relief in the courts of his own country. As a result, a foreign plaintiff will likely recover much less than a domestic plaintiff injured by a domestic company. The various procedural and substantive

Nécessité, rôle et nature de l'art logique, d'après Albert le Grand

Albertus Magnus’ logic and philosophy of logic have drawn little attention so far, partly due to his reputation among some historians of the discipline as a somewhat confused and muddleheaded thinker. This article looks at his teachings on the necessity and nature of the logical art, and more precisely the epistemological and psychological background that serves as their basis. This examination brings to the fore Albert’s effort and success in bringing together ideas from different traditions in order to reach a unified and coherent view on the question. Albert’s analysis of the actualization of the human intellect, presentation of the inherent fallibility that accompanies rational discourse, and identification of the available means for correcting that weakness are some of the elements of that general doctrine which are addressed in the present article. Such considerations lead Albert to conceive logic as a science whose subject is used as an instrument within each part of philosophy and whose scientific consideration of that subject can therefore be used as rules for the other sciences as they build and use their instrument, thus making the science of logic an art in the broad sense of the word.

Um pé no reino e outro no mundo: consumo e lazer entre pentecostais

Este artigo analisa como os elementos doutrinários orientam as vidas de fiéis da Igreja Universal do Reino de Deus, o modo como interpretam e cumprem as prescrições religiosas e o seu direcionamento para o consumo e o lazer. Focaliza a corrente teológica chamada Teologia da Prosperidade e como esta possibilita a acomodação da mensagem pentecostal a um contexto socioeconômico em que os fiéis valorizam a poupança e os investimentos como estratégias de uma ética de consumo. Deslocando-se a relação religião/produção para religião/reprodução social.

Correndo atrás da prosperidade

Tendo como pano de fundo as mudanças ocorridas no cenário religioso brasileiro nas últimas décadas, este artigo procura analisar como a Igreja Universal do Reino de Deus estabelece as idéias expressas a partir da Teologia da Prosperidade com a concepção de trabalho, empreendedorismo e ganhos materiais. Através de entrevistas com féis, busca-se examinar como os elementos doutrinários orientam a vidas destes adeptos, o modo como interpretam e cumprem as prescrições religiosas e o seu direcionamento para o trabalho e o sucesso.

Cuba, Castro and Anti-Semitism

The Soviets provided Cuba with the model of attacking human rights activities and organizations as a necessary extension of the Jewish Zionist conspiracy. The identification of Castro with forces dedicated to the destruction of Israel was made plain in proclamation and practice. The Cuban position is that the war on terrorism is actually an example of “Liberation Imperialism.” Cubans make no reference to the repeated assaults on Israel, or the actual causes of the Middle East conflict—the denial of the right of Israel to exist as a Nation-State in that region. Anti-Semitism is so powerfully rooted as a cultural element in authoritarian cultures that even when, as in the case of Cuban communism, it entails the tortured twisting of doctrinal elements within Marxism–Leninism, such as doctrinal claims about the “materialist foundations of society,” its leaders will sacrifice the ideology to the reality. Part of the Castro attachment to communism is an overall contempt for the Jewish mini-Diaspora within the larger flight of Cubans to the United States and other places where the practice of free speech remain unimpeded. The regime of Fidel Castro has changed little in the past 49 years, compared to the rest of the world.

Self-Defense, Imminence, and the Battered Woman

A traditional element of self-defense doctrine is the imminence rule, restricting the use of force in self-defense to cases where the threatened harm is imminent, about to happen. In recent years, this rule has been subject to increasing criticism, especially in the context of cases involving battered women, and some commentators have even called for its elimination. This essay presents the case for the imminence rule as reflecting the requirement that in a civil society, the use of force be reserved to the state, with only one exception. This exception applies to cases where an individual is faced with an imminent threat. In such circumstances, the state would not be able to intervene in time to protect the person, and hence the individual is permitted to use force in her own defense.

A faccionalização da República e da paisagem religiosa como índice de uma nova territorialidade

O artigo aborda o grupo religioso como território em movimento através de antigas jurisdições; aponta para a ênfase crescente na utilização de aspectos da doutrina como emblemas ou marcas de pertencimento ao grupo com a concomitante redução da deliberação interna; e sugere que as fronteiras entre grupos religiosos são exacerbadas sem que isso corresponda a um interesse real na diferença doutrinária e sim como estratégia de consolidação de redes internamente coesas que passam a agir como identidades políticas e grupos de interesse.

'this little Westminster': The Chantry-Chapel of Sir Henry Vernon at Tong, Shropshire

In his last will and testament, dated January 1514, Sir Henry Vernon detailed his intent that a chapel should be founded at the collegiate church of St Bartholomew at Tong, as a final resting place for himself and his wife, and as a chantry for the souls of his family. Completed, it seems, by early 1519, the form of the chapel and its decoration indicates that Sir Henry was commemorated in the artistic language of the very finest contemporary chantry projects. Indeed, a number of the chapel's features are directly copied from the most illustrious of all late medieval chantries: Henry VII's chapel at Westminster Abbey. The chapel, physically and institutionally, also offers insight into the nature of late medieval piety. Unusually, the foundation makes no explicit charitable provision, long established as a central element of the contemporary doctrine of salvation. Yet the chantry-chapel was a physical and institutional appendage to a 'family' mausoleum, whose collegiate function had a strong charitable element. As such, the chapel suggests that, although chantries and tombs were themselves intensely personal, spiritual legacies were viewed in the same way as territorial interests: as inherited familial institutions, which could and should be augmented, rather than enterprises by, and limited to, individuals. In short, through its location, form and decorative scheme, the chapel demonstrates that, whilst numbering in their hundreds by the Reformation, such chapels were far from simply formulaic expressions of piety. Rather, they could serve as the vehicle for the creation of a very specific identity for the chapel's founder.

Scotus's Realist Conception of the Categories: His Legacy to Late Medieval Debates

AbstractScotus claims that the extramental world is divided into ten distinct kinds of essences, no one of which can be reduced to another one. Although by the end of the thirteenth century this claim was not new, Scotus's way of articulating it into a comprehensive metaphysical doctrine resulted into a ground-breaking contribution to what became known as 'late medieval realism'. This paper shows how Scotus's view of the categories as ten kinds of irreducible essences should be seen as a development and correction of his predecessors' (including Thomas Aquinas's and Henry of Ghent's) views. The main elements of Scotus's doctrine are his application of the real distinction to the categories, his view of inherence as a categorial item separated from accidents, and his distinction between absolute and non-absolute accidents. Finally, although Scotus's doctrine of the univocity of being seems to pose a challenge to his claim that categories are irreducible to each other and do not have anything in common, this paper shows how Scotus's doctrine of univocity and his realist conception of the categories can be reconciled as two theories that describe the world from different points of view.

Christian-Inspired Groups in the People’s Republic of China After 1978: Reaction of State and Party Authorities

Starting in 1978, the spiritual and religious life of China has shown a strong and diverse awakening due in large part to the weakening ideological and organizational control of the Chinese Communist Party (CCP). Christian-inspired groups which combine organizational and doctrinal elements of Christian, as well as Chinese folk religious tradition, have a special appeal for the “losers” of China’s modernization process in the countryside. Since the Ming dynasty, spiritual-religious groups have been perceived as an indicator of socio-economic instability and potential political unrest, and, therefore, pose an ideological and organizational threat to the Chinese State. With a still unchanged repressive policy towards spiritual-religious groups, the CCP has not been very successful in stopping the spread of spiritual-religious groups. Finding a more comprehensive approach to religion and to the interlinked socio-economic problems is one of the great challenges for the future of the Communist regime.

Legal Doctrine between Empirical and Rhetorical Truth. A Critical Analysis of Alf Ross' Conception of Legal Doctrine

The Danish philosopher of law Alf Ross established a theory of legal doctrine with the intention of bringing legal doctrine into line with logical positivism. Ross was aware of the fact that propositions of legal doctrine (as of social science in general) might influence the ‘object’ of the doctrine, for instance they could influence judicial decision-making. Such influence could be considered fundamental for a theory of legal doctrine. Although Ross considered words which create their object and therefore their own truth to be magic, he did not or could not recommend that legal doctrine refrain from such influence. In this way Ross faced an element of legal doctrine that was incompatible with his positivistic theory.

Wozu Ludwig Feuerbach? (До 200-річчя від дня народження) 1804-2004

The author aims at an objective reinterpretation of L.Feuerbach's doctrine and refuting the prejudices that exist in the historical and philosophical tradition in relation to the Feuerbachian philosophical system. Through an analysis of Feuerbach's views on such concepts as the historical and philosophical paradigm, the relation of man to the world, dialectics and religion, the author concludes that these elements of Feuerbach's doctrine were distorted by K. Marx, F. Engels and their followers. The author demonstrates through Feuerbachian responses to 11 theses of Marx by H.M. Sass that some aspects of Feuerbach's philosophy remain relevant to philosophy, and that the founders of Marxism distorted Feuerbach's doctrine in order to distinguish their philosophical system as more modern and true.

Constructive trusts and estoppel

Repeated comments are made as to the similarity between the common intention constructive trust and proprietary estoppel, but there remains considerable confusion over the precise nature of this interrelationship. The constituent elements of each doctrine bear close comparison and, although their respective modes of operation remain distinct, they may lead to similar results. The recent redefinition of the Pallant v Morgan equity provides an opportunity to probe once more the interrelationship between these doctrines. The Pallant v Morgan1 equity explores the operation of the Rochefoucauld v Boustead2 doctrine in the context of the joint acquisition of land and demonstrates the enforceability of express oral intention based upon a wider range of unconscionablity than the detriment based conduct which dominates both the common intention constructive trust and estoppel.

Dynamic Statutory Interpretation in the Administrative State

Eskridge's theory of dynamic statutory interpretation is addressed to courts, and makes a highly persuasive argument, but it is even more convincing with respect to the interpretive functions of administrative agencies. To begin with, agency adjudicators are closely connected to the policy functions of the agency. More importantly, agency rule making and enforcement activities are necessarily interpretive, since they are supposed to implement an enacted statute, and here dynamic statutory interpretation is the only plausible approach to such interpretation. The objections to statutory interpretation that Eskridge takes so seriously in his article - formalism, separation of powers, public choice and the countermajoritarian difficulty - are all insubstantial in the administrative rule making and enforcement context. Thus, when courts, which are Eskridge's main concern, review agency decisions, as opposed to deciding common law cases, they are necessarily reviewing a dynamic interpretation. This does not require them to adopt dynamic statutory interpretation as their own approach, but it provides highly persuasive reasons for them to do so. The Chevron decision supports this approach. Although administrative agencies are a unique feature of the modern state, the necessity that they adopt a dynamic approach in their rule making and enforcement activities reveals a general feature of government that supports Eskridge's theory, and that has been obscured by more traditional elements of legal doctrine.

Mars Learning: The Marine Corps' Development of Small Wars Doctrine, 1915-1940

Keith B. Bickel challenges a host of military and strategic theories that treat particular bureaucratic structures, large organizations, and elites as the progenitors of doctrine. This timely study of how the military draws lessons from interventions focuses on the overlooked role that mid-level combat officers play in creating military doctrine. Mars Learning closely evaluates Marine civil and military pacification operations in Haiti, the Dominican Republic, and Nicaragua, and illuminates the debates surrounding the development of Marine Corps' small wars doctrine between 1915 and 1940. The result is compelling evidence of how field experience obtained before 1940 played a role in shaping the Marine Corps' Small Wars Manual and elements of doctrine that exist today. How the Marines organized lessons at that time provides important insights into how doctrine is likely to be generated today in response to post-Cold War interventions around the globe.

Calixt von Rom und der monarchianische Streit

In the Monarchian controversy of the beginning third century the Roman bishop Calixtus evolved his own kind of monarchianism taking in elements of Theodotian, Noetian, Praxean, and Sabellian doctrine and of stoicism. Calixtus defined in a respectively different way, wherein the unity and binity of the one Father-Son-God consists before and after incarnation: Before incarnation God is one Spirit and one Logos, in the whole world present and efficient, one Prosopon, called Father and Son. At incarnation however the Spirit-God (Father) unifies the human flesh (Son) with himself, so that the flesh made (Father and Son), again one Prosopon, is called one God.