This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be (...) preserved, reproduced, and made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

The doctrine of God is central to theology for it determines the way in which other regions of Christian doctrine are articulated, yet work on this topic in its own right has been occluded recently by treatments of the Trinity or divine passibility. This collection of specially commissioned essays presents major treatments of key themes in the doctrine of God, motivated by but not restricted to the work of Professor Paul S. Fiddes to whom it is offered (...) as a Festschrift. It includes invigorating discussions of the biblical and non-biblical sources for the doctrine of God, and the section on 'Metaphysics and the Doctrine of God' examines some of the most important conceptual questions arising in contemporary theological debate about the being and nature of God, and God's relations to the world. The final section of the book on 'God and Humanity' will be highly relevant to scholars working in the fields of theological anthropology, moral and political theology, on inter-faith relations, on theology and literature, or who are interested in the impact of contemporary science on the doctrine of God. The introduction relates the essays in the book to the work of Professor Fiddes and to wider debates in Christian doctrine. This volume brings together a team of internationally distinguished scholars from a wide range of theological, philosophical, and religious perspectives, and it will stimulate fresh thinking and new debate about this most central of topics in Christian theology.--Publisher. (shrink)

One's conception of the conditions and applicability of the principle of double effect derive from one's broader convictions about moral methodology. Developed in a Catholic context which presumed the existence of moral absolutes, the principle of double effect was originally a conceptual tool to aid priests in being skilled confessors. In recent decades, as the practice of moral theology has become less connected with its earlier ecclesial and sacramental context, the principle of double effect has fallen into an epistemological crisis. (...) Contemporary moral theological discussion of the principle of double effect usually operates in one of the following four contexts: interpretation of Aquinas; in relation to manualist casuistry; as understood within proportionalist methodology; as defended within the new natural law methodology. The essay argues that juridically-oriented methodologies do not adequately sustain the principle of double effect. To be sustained, it must be viewed as a theological achievement based upon the meaning of our redemption in Christ and the concomitant possibilities regarding our actions in pursuit of our true good and true end. (shrink)

In "Democracy and Tradition," Jeffrey Stout contends that American constitutional democracy constitutes a well-functioning moral and political tradition that is not hostile to religion, although it does not depend on any specifically religious claims. I argue that Stout's contention is supported by a consideration of the great common law subject of contracts, as taught to first-year law students across the United States. First, I demonstrate how contract law can fruitfully be understood as a Maclntyrean tradition. Second, I illustrate the moral (...) richness of this tradition, and the mutually interpreting nature of rules and facts, by close attention to one particularly colorful case, Syester v. Banta. I conclude by suggesting that both religious and secular ethicists might find common law cases in general and contract law cases in particular to be a source of moral reflection that is substantively rich without being religiously divisive. (shrink)

The application of the state immunity doctrine with regard to the guarantee of access to court in the case-law of the European Court of Human Rights has been proved to be a complicated issue. In the ECHR’s case-law before the case Cudak v. Lithuania, the application of the state immunity doctrine had been considered as a proportionate restriction of the right of access to court even in cases of the realization of the protection of the jus cogens norm (...) which was very much criticized by the scholars of international law. Thus, the referral of the case Cudak v. Lithuania to the Grand Chamber could or should change the ECHR’s case-law in this sphere or at least develop certain criteria which would afford ground for a more effective protection to the right of access to court in cases of the application of the state immunity doctrine despite the fact that this right is not absolute. However, the case Cudak v. Lithuania has not fully satisfied these aims. Contrary, the case Cudak v. Lithuania left much obscurity, giving a strong indication that, what regards the realization of the right of access to court, the state immunity doctrine is more a material than a procedural ban, since the argumentation given by the ECHR in this case does not guarantee practical protection of this right. (shrink)

La doctrine de l'État de Cari Schmitt, souvent délaissée au profit d'autres facettes de son œuvre, constitue pourtant le lieu où s'incarnent ses théories du politique et de la Constitution. Le juriste allemand y consigne les bouleversements institutionnels traversés par l'Allemagne au XXe siècle. En 1914, il pense encore l'État dans sa conformité à la légalité, alors qu'à la chute de l'Empire, il ne considère les organes étatiques que dans leur usage de la décision et leur aptitude à affronter (...) les situations d'exception. Dans une perspective inédite, à partir d'une étude systématique de ses écrits relatifs à l'État, cet ouvrage relie la théologie politique de Schmitt, son anti-individualisme, comme sa définition singulière du politique, à ses propositions de refonte des institutions. La reconstitution de sa doctrine de l'État éclaire d'un jour nouveau l'affrontement entre ses partisans et ses adversaires et explique, malgré les compromissions avérées de Cari Schmitt avec le nazisme, la persistance de sa pensée dans la vie intellectuelle après Nuremberg. (shrink)

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be (...) preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

In a few hundred pages Santayana endeavors to sum up the dominant intellectual currents of early twentieth-century thought and trace their implications for American culture, for ethics and religion, for arts and letters, and for philosophy.