No more returning to the text to untuck living from casuistic dreams.
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Generals Tommy Franks and Richard Myers, along with Secretary of State and retired General Colin Powell, insisted that, regardless of the casuistic memos coming out of the Justice Department's Office of Legal Counsel, any skirting of international law put American fighters at a retaliatory risk of the same treatment.
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However, a few casuistic reports of human zoonotic infection have been documented.
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Moreover, the ethical philosophies of Utilitarianism (especially preference utilitarianism) and Pragmatism commonly are identified as greatly employing casuistic reasoning.
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Bacharach was the author of an essay on the Jewish calendar, a number of apologetic works against Christianity, liturgical poems, and casuistic treatises. Some of his works are still extant in manuscript.
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The casuistic method was popular among Catholic thinkers in the early modern period, and not only among the Jesuits, as it is commonly thought. Famous casuistic authors include Antonio Escobar y Mendoza, whose Summula casuum conscientiae (1627) enjoyed a great success, Thomas Sanchez, Vincenzo Filliucci (Jesuit and penitentiary at St Peter's), Antonino Diana, Paul Laymann (Theologia Moralis, 1625), John Azor (Institutiones Morales, 1600), Etienne Bauny, Louis Cellot, Valerius Reginaldus, Hermann Busembaum (d. 1668), etc. One of the main theses of casuists was the necessity to adapt the rigorous morals of the Early Fathers of Christianity to modern morals, which led in some extreme cases to justify what Innocent XI later called "laxist moral" (i.e.
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Other styles of learning such as that of the school of Elijah b. Solomon, the Vilna Gaon, became popular. The term "pilpul" was increasingly applied derogatorily to novellae deemed casuistic and hairsplitting. Authors referred to their own commentaries as "al derekh ha- peshat" (by the simple method)Al means on.
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A study of continuing importance is that of Albrecht Alt, who in 1934 published an analysis of the Covenant Code which hinges on the distinction between casuistic and apodictic law.Raymond Westbrook, "What is the Covenant Code?" in Theory and Method in Biblical and Cuneiform Law: Revision, Interpolation and Development, ed. B.M. Levinson (Sheffield: Sheffield Academic Press, 1994), 16.
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They argue that the abuse of casuistry is the problem, not casuistry per se (itself an example of casuistic reasoning). Properly used, casuistry is powerful reasoning. Jonsen and Toulmin offer casuistry in dissolving the contradictory tenets of moral absolutism and the common secular moral relativism: "the form of reasoning constitutive of classical casuistry is rhetorical reasoning".Jonsen, 1991, p. 297.
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Meir Einei Chachamim is his best known work, a "casuistic commentary" on the Talmud, Rashi, and Tosafot together. It was published by his son Gedaliah and has since been printed in all principal editions of the Talmud under the heading "Maharam." It is considered one of the important commentaries on the Talmud. The commentary, generally, employs short and simple explanations.
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Plumer as depicted in 1884's Encyclopedia of the Presbyterian Church. In addition to his career in the pulpit, Plumer was a highly regarded religious instructor, and his teaching positions included: Professor at Pittsburgh Theological Seminary in Pennsylvania (1854–1862); Professor of Didactic and Polemic Theology (1867–1875) at Columbia Theological Seminary in South Carolina; and Professor of Pastoral, Casuistic, and Historical Theology (1875–1880) at Columbia.
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Rav Chisda's halakhot are frequent throughout the Babylonian Talmud, some being given on the authority of his pupils. His principal opponent was Rav Sheshet. Besides deducing his halakhot in a casuistic way, Rav Chisda was peculiar in that he derived his halakhot less from the Pentateuch than from other parts of the Bible. Rav Chisda was also an authority in aggadah, and employed special assistants to lecture in that department.
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As has been pointed out, however, > In contrast to the casuistic approach of the Roman law of delict, the South > African law of delict is based [...] on three pillars: the actio legis > Aquiliae, the actio iniuriarum and the action for pain and suffering. Unlike > the last-mentioned action which developed in Roman-Dutch law, the first two > remedies had already played an important role in Roman law.Neethling, et al. > 2003, p. 8.
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Jean-Pierre Gury (23 January 1801 in Mailleroncourt, Haute-Saône - 18 April 1866 in Mercour, Haute Loire) was a French Jesuit moral theologian. He is accounted one of the restorers of the old casuistic method, a fact that made him worthy of personifying the "Jesuit Moral" in the eyes of some, who, especially in Germany, attacked his doctrine. An ardent follower of Hermann Busenbaum and of Alphonsus Ligouri, he contributed largely towards the final defeat of Jansenism.
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The advertisement was controversial, receiving both public support and establishment condemnation. It was discussed in Parliament. At the 1967 Tory party conference, the Shadow Home Secretary, Quintin Hogg said he was "profoundly shocked by the irresponsibility of those who wanted to change the law", describing their arguments as "casuistic, confused, sophistical and immature." The Wootton Committee's Report, when submitted in November 1968,but published in January 1969: Cannabis: Report by the Advisory Committee on Drug Dependence.
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We have, however, that of the province of Paris, issued on the same occasion by four masters of theology, Alexander of Hales, Jean de la Rochelle, Robert of Bastia, and Richard of Cornwall. The custos Godfried figures only as an official person. This interesting exposition of the rule, and the most ancient, for it was written in the spring of 1242, is short and treats only some dubious points, in conformity with the Bull "Quo elongati" and two later decisions of Gregory IX (1240, 1241). Their method is casuistic.
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Abraham Malpan and Cheppad Philipose Mar Dionysius, were spiritual companions. But when Abraham Malpan used the revised liturgy and brought about changes in practices, that disappointed and offended Marthoma XII who threatened him with excommunication. But Abraham Malpan informed him that if excommunicated, he would not ask to revoke it. Marthoma XII, did not terminate or laicize malpan as being a prelate, allowed him to keep the vicar position and suspended malpan from religious duties; also refused priesthood to the deacons trained under him as a casuistic measure.
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Gobat follows the casuistic method, treating the different questions in a clear and simple style, and applying them especially to existing conditions in Germany, conditions well known to him from the confessional and the numerous cases referred to him for settlement. Several of his doctrines were later condemned by the Holy See, notably by Pope Innocent XI in 1679, the year of Gobat's death. The Douai edition (1701) of the "Opera Moralia" drew from Mgr. Gui de Sève de Rochechouart, Bishop of Arras, the censure of thirty-two propositions.
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He was in continuous correspondence with his younger colleague Abraham ben Isaac, av bet din, who was his pupil and who by preference sought Moses' advice in difficult casuistic questions. He was well regarded by several Rabbis such as: Isaac Abarbanel, Hasdai Crescas, and Joseph Albo (all of which quote him). Jacob ben Moses of Bagnols quotes a document relating to a divorce drawn up at Narbonne in 1134 and signed by the "great rabbi Moses ben Joseph and by Eliezer ben Zechariah." Gross identifies this Moses ben Joseph with Moses ben Joseph Merwan.
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The Hebrew term pilpul (, from "pepper," loosely meaning "sharp analysis") refers to a method of studying the Talmud through intense textual analysis in attempts to either explain conceptual differences between various halakhic rulings or to reconcile any apparent contradictions presented from various readings of different texts.2000 years of Jewish history: p170 Chaim Schloss - 2002 "Jews in Eastern Europe (Part II) The word pilpul comes from the Hebrew word for "pepper"; " Pilpul has entered English as a colloquialism used by some to indicate extreme disputation or casuistic hairsplitting.
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The Covenant Code consists largely of case or casuistic law (often in the form of an "if-then" statement, in which specific situations are addressed),Coogan, Michael D., A Brief Introduction to the Old Testament, Oxford University Press, 2009, p. 424 as for example Exodus 21:33–36. Apodictic laws (characterized by absolute or general commands or prohibitions, as in the Ten Commandments) on the other hand, also appear in the Covenant Code, for example in Exodus 21:17 ("Whoever curses father or mother shall be put to death").Coogan, pp.
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Some scholars have attributed it to Ur-Nammu's son Shulgi. Although it is known that earlier law-codes existed, such as the Code of Urukagina, this represents the earliest extant legal text. It is three centuries older than the Code of Hammurabi. The laws are arranged in casuistic form of IF (crime) THEN (punishment)—a pattern followed in nearly all later codes. For the oldest extant law-code known to history, it is considered remarkably advanced because it institutes fines of monetary compensation for bodily damage as opposed to the later lex talionis (‘eye for an eye’) principle of Babylonian law.
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Pilpul, a type of in-depth analytical and casuistic argumentation popular from the 16th to 18th centuries that was traditionally reserved for the profound nuances of investigative Talmudic study, was not always given a place. The new analytical approach of the Brisker method, developed by Chaim Soloveitchik, has become widely popular; however, there are other approaches such as those of Mir, Chofetz Chaim, and Telz. In mussar, different schools developed, such as Slabodka and Novhardok, though today, a decline in devoted spiritual self- development from its earlier intensity has to some extent levelled out the differences.
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As a Catholic apologist of the religious and political status quo, Barruel downplayed his own Catholicism and presented himself as a neutral party within the radicalized debate surrounding the Revolution. His tactic was to cite document after document with a commentary that effectively showed it was the truth. The reader of the Memoirs could have been any individual who doubted some of Barruels inferences, but who would eventually be overwhelmed by the sheer weight of evidence against the Enlightenment and liberation movements. His fanatical hatred for revolutionary and enlightenment ideas is hidden behind a faux neutrality and casuistic slight of pen.
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B.M. Levinson (Sheffield: Sheffield Academic Press, 1994), 16. Scholars do, however, agree that the contrast between the apodistic and casuistic forms is a clue to how multiple sources of law were edited together into the Covenant Code,Raymond Westbrook, "What is the Covenant Code?" in Theory and Method in Biblical and Cuneiform Law: Revision, Interpolation and Development, ed. B.M. Levinson (Sheffield: Sheffield Academic Press, 1994), 16. although there remain disagreements over the precise details.Raymond Westbrook, "What is the Covenant Code?" in Theory and Method in Biblical and Cuneiform Law: Revision, Interpolation and Development, ed. B.M. Levinson (Sheffield: Sheffield Academic Press, 1994), 17-18.
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Remarkably this author delineates, even in its details, what is now known as ethical culture, and endeavours to harmonize it with the example given by Christ. The life of the Christian is to be ruled in all things by temperance. Following out this idea, he discusses in a casuistic form food and drink, dress and love of finery, bodily exercises and social conduct. From the 4th century, a twofold line of thought is discernible in the works on Christian life: one speculative, laying stress on the union of the soul with God, the Absolute Truth and Goodness; the other practical, aiming principally at instruction in the practice of the Christian virtues.
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However, the rhetor's selection of elements to compose a ratio should be scrutinized, as it can deflect attention away from or direct attention towards aspects of the rhetor's desire. This is what Burke calls the "Ubiquity of the Ratios", claiming that the composition of ratios "are at the very centre of motivational assumptions." For example, "The maxim 'terrain determines tactics' is a strict localization of the scene-act ratio, with 'terrain' as the casuistic equivalent for 'scene' in a military calculus of motives, and 'tactics' as the corresponding 'act.'" The analysis of a situation as a multi-faceted occurrence is central to Burke's concept of ratios.
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The responsa literature covers all these topics and more. Jewish Encyclopedia bibliography: Responsal literature as a whole has as yet found no literary historian; single periods have been discussed while others have been entirely neglected, the works on these separate epochs including: Joel Müller, Briefe und Responsen aus der Vorgaonäischen Jüdischen Literatur, Berlin, 1886; idem, Einleitung in die Responsen der Babylonischen Geonen. ib. 1891; Zecharias Frankel, Entwurf einer Geschichte der Literatur der Nachtalmudischen Responsen, Breslau, 1865. The responsa by European and American rabbis to problems arising in America are summarized by J. D. Eisenstein, The Development of Jewish Casuistic Literature in America, Baltimore, 1905.
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The Declaration on Euthanasia is the Church's official document on the topic of euthanasia, a statement that was issued by the Sacred Congregation for the Doctrine of the Faith in 1980. Catholic teaching condemns euthanasia as a "crime against life" and a "crime against God". The teaching of the Catholic Church on euthanasia rests on several core principles of Catholic ethics, including the sanctity of human life, the dignity of the human person, concomitant human rights, due proportionality in casuistic remedies, the inevitability of death, and the importance of charity. It has been argued that these are relatively recent positions,McDougall H, It's popularly believed that Catholics are anti- euthanasia.
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While the French Civil Code was structured in a "casuistic" approach attempting to regulate every possible case, the German BGB and the later Swiss ZGB applied a more abstract and systematic approach. Therefore, the BGB had a great deal of influence on later codification projects in countries as diverse as Japan, Greece, Turkey, Portugal (1966 Civil Code) and Macau (1999 Civil Code). Since 2002 with the First law of the Civil Code of Catalonia, Parliament of Catalonia's several laws have approved the successive books of the Civil Code of Catalonia. This has replaced most of the Compilation of the Civil Law of Catalonia, several special laws and two partial codes.
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The Covenant Code portrays the values of the society in which it was produced, some of which are different from Western twentieth-century values. With the ancient cultural view of women as property of men, the casuistic law regarding the seduced virgin in Exodus 22:16–17 portrays a woman who, as the property of her father, has had her value diminished by the loss of her virginity. However, this law still calls for restitution to be paid by the man who seduced her. A second example comes from Exodus 21:20–21, which describes the punishment required for a slave owner who strikes his slave with a rod.
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Calimani was the author of the following works: (1) II Rabbino Morale-Toscano, an Italian translation of the Mishnah treatise Abot (in collaboration with Jacob Saraval, Venice, 1729, often reprinted); (2) Kelale Diḳduḳe Leshon 'Eber, a Hebrew grammar inserted at the end of the Bible, edited at Venice, 1739; (3) Grammatica Ebrea, an Italian translation of the preceding work, Venice, 1751; Pisa, 1815; (4) Ḳol Simḥah (Voice of Joy), an allegorical drama, with Jealousy, Folly, and Wisdom as the heroes, Venice, 1758; (5) a Hebrew-Italian dictionary, left unfinished. Calimani was liberal in his religious views, and took part in the campaign directed by Wessely against the delivery of casuistic lectures (pilpul) in the synagogues.
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He follows this statement (preceded by the introductory formula, "It is, however, questionable" [beram ẓarik]) with casuistic inquiries; for example, whether it is proper to include in the designation of robbery, for which the Law requires a double restitution, the case of a theft committed in the interest of the victim. This illustration serves to show that the work is not intended for scholars alone, but also for popular instruction. However, the statement (often repeated since the time of Meiri) that the Sheiltot was a book merely for the instruction of youth is also baseless. More likely, it is a collection of aggadic-halakhic sermons, which Aḥa delivered in Palestine, where certainly he was held in high regard.
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There > is no surer mark of a poor, contemptible, cowardly character than the > inability to conduct disputes of this sort with fairness, temper, humanity, > goodwill to antagonists, and a determination to accept a fair defeat in good > part and to make the best of it." William James, influenced by Fitzjames Stephen, endorsed value-pluralism in an essay on "The Moral Philosopher and the Moral Life", which he first delivered as a lecture in 1891. He wrote that none "of the measures [of goodness] that have been actually proposed has, however, given general satisfaction ... The various ideals have no common character apart from the fact that they are ideals. No single abstract principle can be so used as to yield to the philosopher anything like a scientifically accurate and genuinely useful casuistic scale.
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He has brought his work in communitarian and casuistic methods to bear on questions such as medical repatriation, insurance for undocumented immigrants, and the eligibility of DREAMers (undocumented immigrants who were brought to the United States as children) to become practicing physicians. His scholarship and advocacy was the catalyst for the Loyola University Chicago Stritch School of Medicine becoming the first medical school in the United States to explicitly welcome applications from DREAMers with Deferred Action for Childhood Arrivals (DACA) status. Under Kuczewski’s direction, the Neiswanger Institute for Bioethics and Health Policy at Loyola University Chicago has become a leader in educational programming to promote the relationship between medical professionalism and social justice. The Neiswanger Institute has contributed elements to the Stritch curriculum that explore the relationship between the business of medicine and social justice.
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Casuistry dates from Aristotle (384–322 BC), yet the zenith of casuistry was from 1550 to 1650, when the Society of Jesus used case-based reasoning, particularly in administering the Sacrament of Penance (or "confession"). The term casuistry or Jesuitism quickly became pejorative with Blaise Pascal's attack on the misuse of casuistry. Some Jesuit theologians, in view of promoting personal responsibility and the respect of freedom of conscience, stressed the importance of the 'case by case' approach to personal moral decisions and ultimately developed and accepted a casuistry (the study of cases of consciences) where at the time of decision, individual inclinations were more important than the moral law itself. In Provincial Letters (1656–7) the French mathematician, religious philosopher and Jansenist sympathiser, Blaise Pascal vigorously attacked the moral laxism of such Jesuits scolded the Jesuits for using casuistic reasoning in confession to placate wealthy Church donors, while punishing poor penitents.
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The interpretations of the code's usage are contradictory; some interpret the laws as well known for being simple to read and interpret, without much abstract, being rather an every-day regulating laws, but others point out that while the code was written in German, it used an incredibly casuistic and imprecise language, making it hard to properly understand and use in practice. After the second partition of Poland, it was promulgated on the annexed territories as subsidiary law, intended to accelerate the process of their integration with Prussia. The Landrecht was a typical example of a law of the transition period between feudalism and capitalism, where old institutions of feudal law (ordinations, separate property, class divisions, nobility privileges, subjection of peasants) existed alongside modern ones (definition of property). The Landrecht stopped functioning after the system was reformed (Stein–Hardenberg reforms) and the feudal remnants were removed.
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According to Jesus Christ monogamy was a primordial will of the Creator described in Genesis, darkened by the hardness of hearts of the Israelites. As John Paul II interpreted the dialogue between Jesus and the Pharisees (Gospel of Matthew 19:3–8), Christ emphasized the primordial beauty of monogamic spousal love described in the Book of Genesis 1:26–31, 2:4–25, whereby a man and woman by their nature are each ready to be a beautifying, total and personal gift to one another: > Jesus avoids entangling himself in juridical or casuistic controversies; > instead, he appeals twice to the "beginning". By doing so, he clearly refers > to the relevant words of Genesis, which his interlocutors also know by > heart. (...) it clearly leads the interlocutors to reflect about the way in > which, in the mystery of creation, man was formed precisely as "male and > female," in order to understand correctly the normative meaning of the words > of Genesis.
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Ibn Mada rose to fame as one of the first to launch attack on Arabic grammar theory and called for its reformation. Although he was concerned with attacking all major schools of Arabic grammar, he was focused on the grammar of the linguists of Basra, as it was the most popular school around him.Muhammad Abdukhaliq, Ibn Madāʾ Al-Qurṭubi, An attack on Mshriq schools to ease the burden of Grammar ابن مضاء القرطبي هجوم على مدارس المشرق لتخفيف أثقال النحو , Accessed 2008-02-25 His attack on eastern Arabic grammar was violent yet reasoned and eloquent, defending his view that grammar as it was understood in that region was complicated, casuistic, obscure and artificial; Ibn Mada instead called for building simple and clear grammar based on true facts of the language. Among his ideas which were considered revolutionary both during his life and with renewed interest in his work during the 1950s was the abolition of governance and linguistic analogy.
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