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Chapter Three Point Five
Religious Neutrality Chapter Three Draft: Feb. 14, 2011 Please do not cite or quote Chapter Three The American Specification of Neutrality Secularism in the United States has never been a secularism of governmental religion-blindness.1 Rather, it is secularism of a religion-friendly kind, which aims at broad, nondenominational support for religion while remaining neutral among religious factions. Neutrality’s fluidity means that it can vary in both its conceptual scope and its field of application. Religious neutrality, for example, could mean neutrality among varieties of Protestantism, or varieties of Christianity, or varieties of monotheism, or something even broader and vaguer. Whatever conceptual scope is attributed to it, the obligation of neutrality could be held to apply only to judges, or to both judges and legislators, or to citizens when voting. In this chapter, I will examine the specific variety of neutrality that has been followed in American law. It has never stopped treating religion as a distinctive human good. That neutrality, however, has shifted over time, becoming vaguer and more inclusive. Modes of secularism Which specification of neutrality we actually adopt will depend on our substantive reasons for adopting neutrality in the first place. Bruce Ackerman (who capitalizes “Neutrality” because it is the master concept of his political theory) observes that “it would be a category mistake to imagine that there could be a Neutral justification for the practice of Neutral justification – for Neutrality makes no sense except as a part of the practice it constitutes.”2 It is not possible to be blind to an issue with respect to which one has resolved to remain neutral. -
The Sources of Islamic Revolutionary Conduct
Joint Military Intelligence College LAMBERT Y Y The Sources of Islamic Revolutionary Conduct TEL IN LIG Y E R N A C T E I L C I O M L L T E N G I E O J 1962 Major Stephen P. Lambert U.S. Air Force TEL IN LIG Y E R N A C ISBN 1-932946-02-0 T E PCN 56747 I L C I O M L L T E N G I E O J 1962 The Joint Military Intelligence College supports and encourages research on intelligence issues that distills lessons and improves Intelligence Community capabilities for policy-level and operational consumers Y: The Sources of Islamic Revolutionary Conduct, Major Stephen P. Lambert, U.S. Air Force This product has been reviewed by senior experts from academia and government, and has been approved for unrestricted distribution by the Directorate for Freedom of Information and Security Review, Washington Headquarters Services. It is available to the public through the National Technical Information Service (www.ntis.gov). The author has also arranged for publication of this study through the Hoover Institution at Stanford University. The projected publication date is 2005. The Hoover Institution book includes commentar- ies on Major Lambert’s work by an even greater variety of scholars than included in the present book. [email protected], Editor and Director Center for Strategic Intelligence Research Library of Congress Control Number 2004114330 ISBN 1-932946-02-0 Y The Sources of Islamic Revolutionary Conduct Major Stephen P. Lambert, U.S. Air Force Research Fellow In g ic t e e g ll t ii a g e r n tt c SS c ee rr R R o o e e f f s s e e r r a a e e t r t r n c n Joint Military c e h e h C Intelligence College C WASHINGTON, DC April 2005 With the cooperation and support of the Institute for National Security Studies (INSS) USAF Academy, Colorado Springs The views expressed in this book are those of the author and do not reflect the official policy or position of the Department of Defense or the U.S. -
Burns* (Skidmore College)
Klesis – Revue philosophique – 2011 : 19 – Autour de Leo Strauss Leo Strauss’s Life and Work Timothy Burns* (Skidmore College) I. Life Leo Strauss (1899-1973) was a German-born American political philosopher of Jewish heritage who revived the study of political philosophy in the 20 th century. His complex philosophical reflections exercise a quietly growing, deep influence in America, Europe, and Asia. Strauss was born in the rural town of Kirchhain in Hesse-Nassau, Prussia, on September 20, 1899, to Hugo and Jenny David Strauss. He attended Kirchhain’s Volksschule and the Rektoratsschule before enrolling, in 1912, at the Gymnasium Philippinum in Marburg, graduating in 1917. The adolescent Strauss was immersed in Hermann Cohen’s neo-Kantianism, the most progressive German-Jewish thinking. “Cohen,” Strauss states, “was the center of attraction for philosophically minded Jews who were devoted to Judaism.” After serving in the German army for a year and a half, Strauss began attending the University at Marburg, where he met Hans-Georg Gadamer and Jacob Klein. In 1921 he went to Hamburg, where he wrote his doctoral thesis under Ernst Cassirer. In 1922, Strauss went to the University of Freiburg-im-Breisgau for a post- doctoral year, in order to see and hear Edmund Husserl, but he also attended lecture courses given by Martin Heidegger. He participated in Franz Rosenzweig’s Freies Jüdisches Lehrhaus in Frankfurt-am-Main, and published articles in Der Jude and the Jüdische Rundschau . One of these articles, on Cohen’s analysis of Spinoza, brought Strauss to the attention of Julius Guttmann, who in 1925 offered him a position researching Jewish Philosophy at the Akademie für die Wissenschaft des Judentums in Berlin. -
Nietzsche's Beyond Good and Evil.Pdf
Leo Strauss Nietzsche’s Beyond Good and Evil A course offered in 1971–1972 St. John’s College, Annapolis, Maryland Edited and with an introduction by Mark Blitz With the assistance of Jay Michael Hoffpauir and Gayle McKeen With the generous support of Douglas Mayer Mark Blitz is Fletcher Jones Professor of Political Philosophy at Claremont McKenna College. He is author of several books on political philosophy, including Heidegger’s Being and Time and the Possibility of Political Philosophy (Cornell University Press, 1981) and Plato’s Political Philosophy (Johns Hopkins University Press, 2010), and many articles, including “Nietzsche and Political Science: The Problem of Politics,” “Heidegger’s Nietzsche (Part I),” “Heidegger’s Nietzsche (Part II),” “Strauss’s Laws, Government Practice and the School of Strauss,” and “Leo Strauss’s Understanding of Modernity.” © 1976 Estate of Leo Strauss © 2014 Estate of Leo Strauss. All Rights Reserved Table of Contents Editor’s Introduction i–viii Note on the Leo Strauss Transcript Project ix–xi Editorial Headnote xi–xii Session 1: Introduction (Use and Abuse of History; Zarathustra) 1–19 Session 2: Beyond Good and Evil, Aphorisms 1–9 20–39 Session 3: BGE, Aphorisms 10–16 40–56 Session 4: BGE, Aphorisms 17–23 57–75 Session 5: BGE, Aphorisms 24–30 76–94 Session 6: BGE, Aphorisms 31–35 95–114 Session 7: BGE, Aphorisms 36–40 115–134 Session 8: BGE, Aphorisms 41–50 135–152 Session 9: BGE, Aphorisms 51–55 153–164 Session 10: BGE, Aphorisms 56–76 (and selections) 165–185 Session 11: BGE, Aphorisms 186–190 186–192 Session 12: BGE, Aphorisms 204–213 193–209 Session 13 (unrecorded) 210 Session 14: BGE, Aphorism 230; Zarathustra 211–222 Nietzsche, 1971–72 i Nietzsche’s Beyond Good and Evil Mark Blitz Leo Strauss offered this seminar on Nietzsche’s Beyond Good and Evil at St John’s College in Annapolis Maryland. -
Part II Interpretation Applying the Vienna Convention on the Law of Treaties, a the General Rule, 5…
ICC-02/05-01/09-389-Anx3 28-09-2018 1/55 RH PT OA2 9/25/2018 Oxford Public International Law: Part II Interpretation Applying the Vienna Convention on the Law of Treaties, A The General Rule, 5… Part II Interpretation Applying the Vienna Convention on the Law of Treaties, A The General Rule, 5 The General Rule: (1) The Treaty, its Terms, and their Ordinary Meaning From: Treaty Interpretation (2nd Edition) Richard Gardiner Previous Edition (1 ed.) Content type: Book content Product: Oxford Scholarly Authorities on Series: Oxford International Law Library International Law [OSAIL] ISBN: 9780199669233 Published in print: 01 June 2015 Subject(s): Vienna Convention on the Law of Treaties — Good faith — Ordinary meaning (treaty interpretation and) — Object & purpose (treaty interpretation and) http://proxy.ppl.nl:2061/view/10.1093/law/9780199669233.001.0001/law-9780199669233-chapter-5?print 1/55 ICC-02/05-01/09-389-Anx3 28-09-2018 2/55 RH PT OA2 9/25/2018 Oxford Public International Law: Part II Interpretation Applying the Vienna Convention on the Law of Treaties, A The General Rule, 5… (p. 161) 5 The General Rule: (1) The Treaty, its Terms, and their Ordinary Meaning Treaty—good faith—ordinary meaning—terms—context—object and purpose Interpretation under Article 31 of the Vienna Convention is a process of progressive encirclement where the interpreter starts under the general rule with (1) the ordinary meaning of the terms of the treaty, (2) in their context and (3) in light of the treaty’s object and purpose, and by cycling through this three step inquiry iteratively closes in upon the proper interpretation. -
The Implied Covenant of Good Faith and Fair Dealing
The Implied Covenant of Good Faith and Fair Dealing Go to: Recognition of the Duty of Good Faith and Fair Dealing | Application of the Covenant of Good Faith and Fair Dealing | Drafting Contract Terms to Address the Covenant | Related Content Reviewed on: 05/23/2019 It is well established that every contract has an implied covenant of good faith and fair dealing with respect to the parties’ performance and enforcement of the agreement. The covenant imposes an obligation on parties to act in good faith and deal fairly with other parties to the contract, even though this duty is not specifically stated in the agreement. Most contracts, especially complex agreements, cannot address every conceivable scenario nor provide detailed terms regarding every aspect of each party’s obligations. Performance may entail or necessitate actions that are not expressly set forth in the agreement and/or involve discretion on a party as to how to go about performing its obligations. The implied covenant of good faith and fair dealing prevents parties from exercising discretion and performing their contractual obligations in bad faith and in a manner that denies the other party the benefit of its bargain. The covenant can provide judges with a legal basis to fill gaps that may exist in contracts, as well as to restrict unreasonable or bad faith performance of contractual obligations when warranted by the circumstances. Despite its broad application to all contracts, the meaning of and requirements imposed by the implied covenant of good faith and fair dealing are often not adequately understood by parties to commercial agreements. -
Good Faith and Reasonable Expectations
Good Faith and Reasonable Expectations Jay M. Feinman* I. INTRODUCTION The recognition that there is an obligation of good faith in every contract has been regarded as one of the most important advances in contract law in the twentieth century. Nevertheless, a half-century after the doctrine’s incorporation into the Restatement (Second) of Contracts and the Uniform Commercial Code, great controversy and confusion remain about it. Recent articles describe the doctrine as “a revered relic,” “a (nearly) empty vessel,” and “an underenforced legal norm.”1 A scholarly dispute about the nature of the doctrine framed more than thirty years ago has hardly been advanced, much less resolved.2 More importantly, although nearly every court has announced its support of the doctrine, often using similar language and familiar sources, many judicial opinions are confusing or confused.3 The controversy and confusion stem from a fundamental misunderstanding about the nature of the good faith obligation. That misunderstanding is a belief that good faith is a special doctrine that does not easily fit within the structure of contract law. Indeed, the doctrine is seen as potentially dangerous, threatening to undermine more fundamental doctrines and the transactions that they are designed to uphold. As a result, good * Distinguished Professor of Law, Rutgers School of Law‒Camden. The author thanks David Campbell and especially Danielle Kie Hart for their comments. This article is for Arkansas lawyer David Solomon and his son, Ray. 1. See generally Harold Dubroff, The Implied Covenant of Good Faith in Contract Interpretation and Gap-Filling: Reviling a Revered Relic, 80 ST. -
Strauss's Life of Jesus
University of Nebraska - Lincoln DigitalCommons@University of Nebraska - Lincoln Electronic Texts in American Studies Libraries at University of Nebraska-Lincoln 1840 Strauss’s Life of Jesus Theodore Parker West Roxbury Unitarian Church Paul Royster (depositor) University of Nebraska-Lincoln, [email protected] Follow this and additional works at: https://digitalcommons.unl.edu/etas Part of the American Studies Commons Parker, Theodore and Royster, Paul (depositor), "Strauss’s Life of Jesus" (1840). Electronic Texts in American Studies. 7. https://digitalcommons.unl.edu/etas/7 This Article is brought to you for free and open access by the Libraries at University of Nebraska-Lincoln at DigitalCommons@University of Nebraska - Lincoln. It has been accepted for inclusion in Electronic Texts in American Studies by an authorized administrator of DigitalCommons@University of Nebraska - Lincoln. Published originally in the Christian Examiner for April, 1840. Reprinted STRAUSS’S LIFE OF JESUS 249 from The Critical and Miscellaneous Writings of Theodore Parker (Bos- ton: James Munroe and Company, 1843), pp. 248–308. a great light in his time. Some thought that Theology died with him. A few, perhaps more than a few, at one time doubted his soundness in the faith, for he studied Philosophy, the Philos- ophy of Wolf, and there are always men, in Pulpits and Par- Strauss’s Life of Jesus. lors, who think Philosophy is curious in unnecessary matters, meddling with things that are too high for the human arm to reach. Such was the case in Baumgarten’s time in Halle of Sax- Das Leben Jesu, Kritisch bearbeitet von Dr. DAVID FRIEDERICH STRAUSS. -
Good Faith in Contractual Law: a “Law and Economics” Perspective
GOOD FAITH IN CONTRACTUAL LAW: A “LAW AND ECONOMICS” PERSPECTIVE Paula Vaz Freire INTRODUCTION his presentation aims to take an introductory look at the way common law systems conceive the principle of good faith and how the notion of op- T portunistic behaviour, developed by law and eco- nomics, may concur to a wider acceptance of good faith in those legal orders. It also examines the lessons that civil law systems can learn from law and economics as this approach presents useful analytic insights that, in a combined and complementary way, enrich the large doctrinal and jurisprudential interpretation on the scope and limits of good faith. COMMON LAW AND CIVIL LAW SYSTEMS Even in our days, although courts in common law juridical systems recognize the existence of a duty of good faith while contracts are in force, they hesitate to consider it during the period of contractual negotiations. Nevertheless the principle of good faith, as a conduct pattern parties should observe when engaged in negotiation processes, is progressively making its way in certain countries1. Associate Professor, Faculty of Law of the University of Lisbon. Presentation at the Conference Contratos no Direito Privado, USP, São Paulo, Brazil, 14.10.2014. 1 In U.S. law good faith was incorporated, in the 1950s, into the Uniform Commer- cial Code (Section 1-304), and codified as Section 205 of the Restatement (second) of Contracts (1981). Most U.S. jurisdictions apply only the notion of breach of contract, that gives rise to ordinary contractual damages; hence, they don’t recognize Ano 2 (2016), nº 4, 1381-1393 1382 | RJLB, Ano 2 (2016), nº 4 The resistance and the reservations towards the good faith doctrine are based on the fear that its acceptance might threaten the fundamental principles of private autonomy and freedom to contract. -
Reflections on the Principle of 'Good Faith' As a Source of Normative
Chapter VI Reflections on the Principle of ‘Good Faith’ as a Source of Normative Content for the Application and Interpretation of Double Taxation Conventions “For not only is every state sustained by good faith, as Cicero declares, but also the greater society of states. Aristotle truly says that if good faith has been taken away, all intercourse among men ceases to exist” (Hugo Grotius, De Iure Belli ac Pacis Libri Tres – 1625) 1. Introduction One can scarcely find a principle more fundamental to the law of treaties than the requirement of observing treaty obligations in good faith. Not only is “good faith” mentioned five times in the Vienna Convention on the Law of Treaties622, and enshrined in the UN Charter623, it has repeatedly been invoked before and acknowledged by the international courts624 and tribunals625, to say nothing of the international literature 622 Hereafter “VCLT”. References to ‘good faith’ are found in the Preamble, art. 26 (pacta sunt servanda), art. 31 (general rules of interpretation), art. 41 (provisions of internal law) and art. 69 (consequences of invalidity). 623 Art. 2 par 2 Charter of the United Nations; Markovic, M., Fulfillment in Good Faith of Obligations Assumed in Accordance with the UN Charter, in Principles of International Law Concerning Friendly Relations and Cooperation, ed.by Milan Sahovil’C, 1972, p. 375-383.; The principle is also mentioned in art. 1.7 of the UNIDROIT Principles of International Commercial Contracts (as well as in various other articles of the same document) and in art. 7(1) of the UN Convention on Contracts for the International Sale of Goods. -
Defamation in Good Faith: an Argument for Restating the Defense of Qualified Privilege
The Catholic University of America, Columbus School of Law CUA Law Scholarship Repository Scholarly Articles and Other Contributions Faculty Scholarship 2012 Defamation in Good Faith: An Argument for Restating the Defense of Qualified Privilege A.G. Harmon The Catholic University of America, Columbus School of Law Follow this and additional works at: https://scholarship.law.edu/scholar Part of the Torts Commons Recommended Citation A.G. Harmon, Defamation in Good Faith: An Argument for Restating the Defense of Qualified Privilege, 16 BARRY L. REV. 27 (2011). This Article is brought to you for free and open access by the Faculty Scholarship at CUA Law Scholarship Repository. It has been accepted for inclusion in Scholarly Articles and Other Contributions by an authorized administrator of CUA Law Scholarship Repository. For more information, please contact [email protected]. DEFAMATION IN GOOD FAITH: AN ARGUMENT FOR RESTATING THE DEFENSE OF QUALIFIED PRIVILEGE A.G. Harmon, JD., Ph.D.' ABSTRACT: Since the 1964 case of New York Times v. Sullivan, the standard for proving defamation has often proven insurmountable to public figure plaintiffs who claim their reputations have been hurt through libel or slander. But, the standard can prove equally insurmountable to "private figure" plaintiffs when a qualified, or "conditional," privilege applies. Such privileges, intended to further the social policy of candor on certain proscribed occasions, can be claimed regarding otherwise questionable conversations as long as the dialogue is made: 1) in good faith; 2) about a subject in which the speaker has an interest or duty; 3) within a scope limited to that interest; 4) in a proper manner; and 5) between the proper parties. -
Good Faith in English Law— Could a Rule Become a Principle?
Good Faith in English Law— Could a Rule Become a Principle? Maud Piers* INTRODUCTION .......................................................................................... 124 I. ENGLISH LAW TRADITIONALLY DOES NOT ACCEPT A PRINCIPLE OF GOOD FAITH .............................................................. 130 A. Rationale ........................................................................... 130 B. Walford v. Miles and the Implied Duty of Good Faith .................................................................................. 134 C. Interfoto v. Stiletto and Fair and Open Dealing ............... 135 D. Petromec v. Petrolea and an Express Duty of Good Faith .................................................................................. 136 E. Some Critical Reflections ................................................. 138 II. ENGLISH LAW AND THE APPLICATION OF A GOOD FAITH RULE ................................................................................................. 139 A. Contextual or ‘Piecemeal’ Approach ............................... 139 B. Unfair Terms in Consumer Contracts Regulations .......... 141 C. DGFT v. First National Bank: The Autonomous Meaning of Good Faith in the Consumer Context ........... 143 D. Utmost Good Faith and Fiduciary Relationships ............. 148 E. Express Duty of Good Faith ............................................. 151 III. GOOD FAITH AS AN IMPLICIT CONCEPTUAL BASIS ......................... 152 A. Precontractual Problems: Honesty and Fair Dealing ....... 154 B. Implied