Dissertations / Theses on the topic 'Obedience (Law)'

My thesis is, Jesus always taught people to obey the law. The importance of this thesis is demonstrated by the fact that Jesus' attitude towards the law has been a continual debate within scholarship. Scholars cannot decide which law Jesus clearly disobeyed or rejected by his teaching or actions. It is the purpose of this thesis to show that all of Jesus' teaching and actions with respect to the law in the synoptic gospels are compatible with the kind of things law abiding Jews said and did. This thesis casts doubt on the view that Jesus must have disobeyed the law because he saw the will of God as something different from the law of God. The thesis will make the following points. 1) Every pious Jew during this period believed that the will of God could not be separated and independent of the law of Moses. 2) Every Jew knew that the law and extra-biblical practices (whether Pharisaic or not) were not equally authoritative. A Jew did not have to obey extra-biblical practices in order to be law abiding. 3) The evidence of Matthew 5:17-20 suggests at the very least that Jesus believed in the eternality of the law and respected even its "least" commandments. 4) The evidence of the "Antitheses" (Mt. 5:21-48) suggests that Jesus was able to make a contrast between different sins which the law condemns. It is not a contrast between the teaching of God in the law and the teaching of Jesus. 5) The saying "Let the dead bury their dead" suggests that Jesus expected a man to forego a common custom of second burial but not the fifth commandment to honour one's parents. 6) Jesus' teaching and actions in regards to the sabbath suggest that he thought the sabbath laws should be obeyed. 7) Jesus' association with sinners does not contradict anything in the law but indicates that Jesus was willing to abandon some common safeguards in order to bring sinners to repentance. 8) Jesus' saying about what defiles a man is not an attack on obeying the purity laws. Rather, it is an attack on following some cultic laws but not following other moral laws. 9) Jesus' teaching on divorce is a criticism of divorce in general but is not an attempt to make divorce and remarriage illegal. 10) Jesus' saying on the greatest commandment shows that he believed that loving God and loving others were the two goals of obeying the law. 11) Jesus' demonstration in the Temple indicates that he supported the Temple cult but he denounced the corruption which was associated with it.

The thesis studies certain forms of obedience and disobedience to the law. It looks at compliance that results from a belief in the law’s authority, then the behaviour or people who obey and disobey legal obligations for moral reasons and, finally, the phenomenon of civil disobedience. I examine these particular responses to the law because of the way in which they are normally understood. The leading theories of them are justified with reference to moral norms. I argue, however, that a philosopher can make sense of these practices without subjecting them to ‘moralistic’ analysis and suggest ‘pure’ alternatives to the dominant accounts. By doing so, I not only strive to improve comprehension of these instances of obedience and disobedience but also seek to demonstrate the superiority of the philosophical approach on which my alternative interpretations of them are based. My claims in this thesis, then, are both substantive and methodological: I describe various responses to the law as well as a means of understanding them.

The Islamic legislative drafting methodology is meant to bring the family law of Islamic countries into line with current conceptions of gender equality found not only in the West but in Islamic law (the shari’a) as well. The methodology involves identifying the fundamental principles of shari’a and recognizing that they must be adapted to the socio-economic conditions in which they are to be applied.

Two central issues in literature discussing legal authority seems to the the questions of what the law has when it has authority and under what conditions the law can be said to have authority. This thesis analyses an answer to these two questions as it has been developed by legal philosopher Joseph Raz. The analysis is conducted through scrutinizing the relation within and between three central concepts in Raz´s theory on legal authority; authority as normative power, the service conception and the obligation to obey. As for the concept of normative power, Raz seems to alternate between defining normative power as the ability to change protected reasons for action and as being a protected reason for action. The question the thesis aims to answer is whether normative power is best understood as the ability to change protected reasons for action or as being a protected reason for action? Raz does not seem to make a distinction between the two and thus, he regards both definitions as plausible. However, the analysis suggests that while it might be plausible to use both definitions as a definition of normative power, they are not interchangeable, but rather seems to represent two different levels of normative power. The analysis of the second concept, the service conception, examines Raz´s statement that justified exclusionary reasons entail a moral obligation to obey the law. Here the thesis asks if a moral obligation to obey is a plausible consequence of justified exclusionary reasons, given Raz´s own definition of obedience. The analysis suggests that a moral obligation to obey is not a plausible consequence of exclusionary reasons being justified and thus, that there seems to be incoherence between the two. Lastly, the thesis asks about the coherence between Raz´s two statements A. that justified exclusionary reasons entail a moral obligation to obey and B. that there is no moral obligation to obey the law. This last question had to be somewhat revised as the first statement (A) had already been suggested to be incoherent by the previous analysis. As such, this last question was revised into asking how the law can have legitimate authority when its legitimacy is tied to a moral obligation to obey, which is denied by Raz? The analysis suggests that these two statements are incoherent and that, as such, it is implausible that the law has the possibility to have legitimate authority at the same time as there exists no moral obligation to obey, as the former is dependent on the latter. The thesis ends in a number of concluding reflections.

Este trabalho visa à compreensão do poder político e da legitimidade da sujeição civil, no pensamento de John Locke. O ponto chave é a análise dos sustentáculos de sua doutrina: Razão e Lei de Natureza, que delineiam uma teologia natural no seu pensamento, evidenciando a relação entre a ética e a política. Locke articula seu pensamento em função da noção de homem natural, de Deus e da Razão. O homem lockiano é um ser livre e racional, voltado a cumprir os desígnios do Criador: Deus, apresentando uma espécie de virtude natural. Necessário é explicitar o seu conceito de liberdade que é dado através da noção de igualdade, com a conseqüente ausência de subordinação entre os homens. Para isso, é necessário caracterizar o homem no estado de natureza e a sua opção voluntária e racional pela comunidade civil, através de um pacto social, voltado à instituição de um poder comum, do governo de leis e da maioria. As idéias centrais discutidas: lei natural, estado de natureza, pacto/consentimento, direito de resistência, homem virtuoso, legitimidade e fins do governo, podem evidenciar a noção de obediência como uma relação de confiança e forma de participação popular no governo de leis.
This work aims at understanding political power and legitimacy of civil liability in the thought of John Locke. The key point is the analysis of the underpinnings of his doctrine: Reason and Law of Nature, which outline a natural theology in his teaching, showing the relationship between ethics and politics. Locke articulates his thinking on the basis of the concept of natural man, God and Reason. The Lockean man is a racional and free being, dedicated to fulfill the desires of the Creator: God, presenting a kind of natural virtue. It is necessary to clarify the concept of freedom that is given through the notion of equality, with the consequent absence of subordination among men. Therefore, it\'s necessary to characterize the man in the state of nature and its rational and voluntary choice by the civil community, through a social pact, aimed at stablishing a common power, the government of laws and the majority. Central ideas discussed: natural law, the state of nature, consent agreement, right of resistance, virtuous man, legitimacy and purpose of government can demonstrate the notion of obedience as a confidence relationship and a form of popular participation in government of laws.

Health conscientious objection in Spain: nature and exerciseConscientious objection is conceived as the infringement of a legal duty, peacefully and morally motivated, which aims to safeguard the own moral integrity against a heteronomous imperative judged as unfair. Generally, there is social agreement concerning some justice principles that generate group-shared laws. However, there can be disagreement among some of the members of the group, which can lead them to decide to break the law. The aim of this paper is to reflect on the social and juridical legitimacy of an individual’s moral obligation to disobey a rule that is incompatible with his or her personal options, in order to assert that faculty and base it on the existence of a conscientious objection right. Also, it seeks to point out the existing difficulties in Spain to exercise the conscientious objection within the healthcare sector.
La objeción de conciencia se concibe como el incumplimiento de un deber jurídico, pacífica y moralmente motivado, que procura salvaguardar la propia integridad moral frente a un imperativo heterónomo que se juzga injusto. En general, existe acuerdo social en torno a unos principios de justicia que generan normas compartidas por el grupo. Sin embargo, pueden existir discrepancias entre algunos de los miembros del mismo, que los lleven a optar por la desobediencia a la norma. En este trabajo se pretende reflexionar acerca de la legitimidad social y jurídica de la obligación moral de un individuo de desobedecer o incumplir una norma jurídica incompatible con sus opciones personales, con el objetivo de afirmar dicha facultad y fundamentarla en la existencia de un derecho a la objeción de conciencia. También se quiere poner de manifiesto las dificultades que encuentra en España el ejercicio de la objeción de conciencia en el contexto sanitario.

A liberdade religiosa é um direito fundamental previsto no art. 5, inciso VI, da Constituição da República Federativa do Brasil. Apresenta várias facetas, pois consiste no direito de professar ou não uma religião, de mudar de crença, de poder se manifestar através de cerimônias e reuniões e, finalmente, no direito dos fiéis de se organizarem em instituições. O Estado garante este direito ao não interferir na liberdade individual do cidadão e ao garantir que outros cidadãos também não interfiram. Ao longo da história, o Brasil acumulou sete constituições. A segunda, de 1891, adotou em definitivo o modelo de separação entre Estado e Igreja. O modelo de Estado laico foi mantido pela atual Constituição, de 1988. Laicidade não é sinônimo de laicismo. Este significa exclusão da religião do âmbito público, enquanto aquele diz respeito à neutralidade e imparcialidade por parte do Estado. Secularização é um fenômeno de caráter social, da diminuição de práticas religiosas, e não apresenta caráter político. A ampla liberdade religiosa possibilita conflitos com outros direitos fundamentais, podendo, assim, vir a ser restringida. Todavia, há a necessidade de se impor limites a essas restrições através de instrumentos jurídicos que garantam não seja o direito em tela suprimido de forma excessiva. Algumas situações têm tornado concretos possíveis conflitos legais entre a liberdade religiosa e outros direitos fundamentais: disciplina dos filhos com a nova redação dada para o ECA, que proíbe o uso de castigo físico, símbolos religiosos em repartições públicas, e a tensão da ética sexual cristã com o conceito de diversidade. A Teologia apresenta seus próprios conceitos de Estado, liberdade e tolerância. Na tradição reformada, a autoridade civil é uma ordem divina que deve atuar dentro de seus limites sem poder adentrar na esfera de outras áreas da sociedade, tais quais a Igreja e a família. Em sua liberdade, o cristão se submete às autoridades pelo bem de todos, visto que o mal precisa ser controlado. A tolerância cristã não relativiza suas convicções, mas também não permite que se vá além do uso de palavras na proclamação da fé. Apesar de o cristianismo ter por longos períodos se misturado com o poder civil, não é este o objetivo perseguido. Todo o cidadão tem o direito de fazer parte da administração pública e do governo e dar sua colaboração à polis, independente de seu credo ou ausência de credo. Assim, o cristão pode participar da política e deve buscar cooperar, visto ter um mandato cultural de mordomia da criação. Sua participação, porém, deve elevar a exigência ética dos agentes públicos e políticos. Pela corrente teológica que permeia a pesquisa, a família deve ter primazia na formação educacional das crianças. O Estado não deveria dificultar a prática de homeschooling e nem interferir no método de disciplina preferido pelos pais, pois família e Estado circulam em esferas distintas. Ainda que não seja essa o entendimento que tem direcionado a legislação brasileira, é possível incentivar a criação de leis nesse sentido, vez que a Constituição do Brasil não ignora a importância do papel central da família na educação. Quanto às tensões da ética cristã sexual tradicional com as exigências dos ativistas de diversidade sexual, não podemos ter expectativa de soluções definitivas, visto que essa é uma consequência da pluralidade cultural e religiosa natural do Estado democrático de direito.
Religious liberty is a fundamental right foreseen in the Constitution of the Federative Republic of Brazil. It has many faces, for it consists in the right to profess or not profess a religion, to change beliefs, to manifest faith through ceremonies and rites, and, finally, in the right which the followers have to organize themselves in institutions. The State assures the right of religion by not interfering in the individual liberty of its citizens, and also by assuring that other citizens will not interfere either. Across history, Brazil accumulated seven constitutions. The second one, from 1891, institutionalized the separation model between Church and State. The lay State is kept in the current Constitution from 1988. Laicity is not synonym of laicisim. The last one means exclusion of religion of the public square, as the first one means neutrality an impartiality by the State. Secularization is a phenomenon of social character, related to the decrease of religious practice, and it does not have any political character. Ample religious liberty can cause some conflicts with other fundamental rights, so it can be restrained. Nevertheless, there is the need to impose limits to these restrictions through legal tools which will assure the right in case will not be diminished to the point of non existence. Some situations have made concrete the possible tensions between religious liberty and other civil rights: discipline of children by the new text given to the Statute of Childhood that forbids the use of physical punishment, religious symbols in public institutions, and the tension between sexual Christian ethics and the concept of diversity. Theology also presents its own concepts of State, freedom and tolerance. In the tradition of Reformation, civil authority is a divine order to which obedience is due but must act inside its limits and cannot get in the sphere of other areas of society, such as Church and family. In their liberty, the Christian must submit to authorities for the good of all, for evil has to be controlled. Christian tolerance does not make relative its convictions, but does not allow that one will go beyond words to proclaim his or her faith. Even though Christianity has been mixed for long times with civil power, that is not the goal to be persuaded. Every citizen has the right to be part of the public administration and government, as well as to cooperate to the polis, no matter his or her creed or absence of creed. So the Christian can participate in politics and must be helpful because they have a cultural mandate to take care of creation. Their participation shall elevate the ethical demand of public and political agents. By the theology that leads this research, family has priority on the educational formation of children. State should not put barriers to homeschooling nor interfere on the discipline method chosen by parents because family and State move in different spheres. Though this is not the understanding that has directed Brazilian legislation, it is possible to create new laws that would benefit this orientation, for the Constitution of Brazil does not ignore the central role that family has in education. Concerning the tension between traditional sexual Christian ethics and the demand of sexual diversity activists we should not expect any definitive solution, given the fact that this conflict is a consequence of cultural and religious plurality natural of the democratic rule of law.

L’évêque détient une autorité inhérente à la succession apostolique, à la plénitude du sacrement de l’ordre, aux multiples pouvoirs que lui confère le droit canonique. Pour les évêques africains, leur autorité est renforcée par la particularité de leur statut au niveau social, culturel et politique. Ce sont des hommes que l’on ne peut que difficilement contester. Les prêtres, dans l’exercice de leur ministère, quel que soit sa dimension, doivent se référer toujours à leur évêque du fait du lien juridique de l’incardination. Cela permet de bien gouverner les prêtres, de garantir la hiérarchie et le bon fonctionnement du diocèse. Toutefois, en Afrique, l’autorité épiscopale ne s’impose pas toujours à cause du tribalisme, d’abus de pouvoir de certains prêtres, de la désobéissance mettant à rude épreuve l’efficacité de l’autorité. Force est de constater que des évêques abusent également de leur autorité et de leur pouvoir, violent dans l’impunité les normes ecclésiales, n’assument pas vraiment leur responsabilité au préjudice des prêtres. Ainsi, il est nécessaire de revenir à l’importance du sens du service dans l’exercice du ministère épiscopal et de renforcer l’application rigoureuse de la loi universelle de l’Église catholique. Par rapport à la volonté de l’autorité suprême de l’Église, qui manifeste une évolution en sanctionnant des évêques défaillants, l’occasion est opportunément donnée afin que l’institution ecclésiale, notamment face aux réalités diocésaines en Afrique, avance plus largement en termes de contrôle, de vigilance, de sanction, de protection des droits des prêtres et des laïcs
The bishop holds an inherent authority from the apostolic succession, the fullness of the sacrament of orders, the multiple power that canon law bestows upon him. The authority of the bishops in Africa is reinforced by the distinctiveness of their status, whether it is at the social, cultural or political level. They are hardly disputable. Presbyters always have to refer to their bishop in the exercise of their ministry, no matter the size of that ministry, and that because of the legal binding of the incardination. This guarantees the governance of the priests, the hierarchy and the efficiency of diocesan administration. However, the bishop’s authority doesn’t always prevail because of the tribalism, the abuse of power of certain priests and the disobedience that puts a strain on the authority. It must be noted that certain bishops also abuse of their authority, violate in impunity the ecclesiastical norms and fail to exercise their responsibilities to the priests’ detriment. Therefore, it is necessary to return to the importance of service in the exercise of the episcopal ministry and to reinforce the rigorous application of universal law of the Catholic Church. If the Supreme authority of the Church is willing to manifest its evolution by severely sanctioning the bishops who fail their mission, there will be a true opportunity for change in order, for the ecclesiastical institution who faces the diocesan realities in Africa, to advance more largely in terms of control, caution, sanction and protection of the rights for both the priests and the laity

This dissertation is a study of the work of John Milton, most especially of his late poems, Paradise Lost, Paradise Regained, and Samson Agonistes. The early poetry, the prose tracts, and Christian Doctrine are considered in their developmental relation to those late poems. The question my study addresses is this: What does Milton mean by obedience? The critical approach used to address the question is as much philosophical-theological as it is literary. My project seeks to understand the shaping role of Milton’s theology on his poetry: that is, to attempt to recreate and understand Milton’s thinking on obedience from Milton’s perspective. To this end, I focus on providing contextualized, attentive readings of key poetic moments. The contexts I provide are those derived from the two great heritages Milton had at his disposal—the Classical and Christian traditions. The poetic moments I attend to are most usually theologically and conceptually difficult moments, moments in which Milton is working out (as much as reflecting on or demonstrating or poeticizing) his key theological concerns, chief among them, obedience. Milton’s concept of obedience is not just an idea developed within given interpretive frameworks, Classical, Christian, and a specific historic context, England in the seventeenth century. It is a strangely practical structure of being intended by Milton to recollect something of the disposition of Adam and Even before the fall. In other words, Miltonic obedience is multifaceted and complex. To address the complexity and nuance of what Milton means by obedience, I suggest that Milton’s idea of obedience may be understood as a concept. The definitional source of Milton’s concept of obedience is the Bible, and various texts of the Classical tradition. The necessary mechanism of the concept is Milton’s idea of right timing, derived from the Greek idea of kairos. The necessary condition of Miltonic obedience is unknowing. With Milton’s concept of obedience fully established, the dissertation concludes by suggesting connections between Milton’s religious imagination and his political engagements. If Milton’s paramount value was obedience, it was so because his paramount concern was liberty, for himself and for his nation.

碩士
國防大學
法律學系
104
According to Rome Statute of the International Criminal Court Article 33, a person pursuant to an order of a Government or of a superior, whether military or civilian, shall not relieve that person of criminal responsibility. This Article presents one of principles for prosecuting individual responsibility under international criminal law. The prescription of law is derived from the issue on “defense of superior orders,” which has long been detailed discussed both in the scope of international and domestic law. For soldiers, obedience to superior orders has became a common plea against offenses committed during wartime. The dilemma arise where a soldier is confronted with an illegal order to perform an act constituting a criminal offense. On one hand, military discipline requires him to obey superior orders; on the other hand, supremacy of law proscribes the commission of criminal acts. Then, the court must decide whether a soldier acting pursuant to superior orders should be granted impunity. There are three main approaches to solve the problem: doctrine of respondeat superior, doctrine of absolute liability and doctrine of conditional liability in international theory. Thus, the topic issue is whether obedience to superior orders constitutes a defense per se. After World War Ⅱ, The international society began to realize the problem of defense of superior orders. International Military Tribunal denied immunity on the ground of superior orders. However, current international law adopt manifest illegality principle, that is, excuse defendant under certain conditions. So far, many countries take the same approach by prescription in manual of armed conflict law or codification. The defense of superior orders does not have counter part in the Criminal Code of ROC. Therefore, this thesis proposes that a special act comprising the jurisprudence of defense of superior orders embodied in ICC Statue should be promulgated.

Vastly different opinions exist within New Testament scholarship regarding the relationship between Paul's ethical exhortations in Gal 5-6 and the theological portions of the letter. In an attempt to argue for the cohesiveness of Paul's argument in the letter as a whole, numerous commentaries outline the letter according to the principles that are described in the ancient handbooks on Greco-Roman rhetoric. Although outlining Galatians according to the typical parts of an ancient speech does provide a way of viewing the correspondence as a coherent argument, studying Galatians from the standpoint of Paul's adherence to the conventions of the technical rhetorical handbooks has produced problems of its own. First, there is no consensus as to whether or not Paul actually had obtained the highest level of rhetorical education in which the handbooks were studied. While some commentaries on Galatians (e.g., those written by Hans Dieter Betz and Ben Witherington III) propose that the apostle exhibits a rhetorical strategy in the letter that follows the conventions described in the rhetorical handbooks, other studies (e.g., the one by R. Dean Anderson Jr.) that compare Paul's letters with ancient rhetorical theory have concluded that Paul most likely had no knowledge of the principles of the rhetorical handbooks of his day. Another problem with minutely analyzing Galatians in terms of the conventions described in the ancient rhetoric handbooks is that Galatians is a letter, not a speech. Although ancient letters did usually follow the conventions of ancient epistolary theory, de Boer has most recently pointed out that efforts to classify Galatians as a particular type of rhetoric are misguided since ancient letters were freer compositions than ancient speeches. J. Louis Martyn has proposed that Galatians should be understood as an apocalyptic sermon and, therefore, since Paul was a divine messenger in preaching the gospel, the letter does not actually follow the conventions of a particular classification of ancient rhetoric. However, even scholars who propose that Paul had no technical knowledge of the rhetorical handbooks admit that certain rhetorical principles of speech and letter writing were ubiquitous in the Greco-Roman world.

This dissertation argues that one of the rhetorical principles that was prevalent in the first-century Greco-Roman world was the device of rhetorical parody. Although the word "parody" is usually associated today with the connotation of burlesque or absurdity, a type of humorous parody that did exist in the ancient world, ancient rhetorical parody should be understood as either an altered quotation of a recognizable text or saying or a newly created saying that closely resembles a recognizable one. Also, ancient rhetorical parody should be understood as a stylistic rhetorical device that was designed to add vividness and polemical intensity to an argument by way of incongruity. In an effort to persuade an audience, a recognizable text or saying was transformed and given a new meaning, one that might be quite incongruous with its original meaning. While this type of rhetorical device was discussed by ancient rhetoricians, its use was common in the everyday conversations of a literate person in the first century. Therefore the ability to use the device of rhetorical parody did not require a rhetorical education in which one studied the handbooks. Rather, it was a process by which a person altered an existing saying or text, possibly one that had been used by one's opponent in an argument, in order to gain an advantage over the opponent. Ancient rhetorical parody differs from irony in that irony presents a meaning different from the normal meaning of the words spoken. Irony, therefore, does not require an underlying saying or text.

After determining a definition of ancient rhetorical parody, this study investigates whether or not an understanding of Paul's use of rhetorical parody in Galatians might clarify some of Paul's puzzling statements. The investigation is limited to the statements that Paul made in Galatians and does not attempt to understand the letter via Paul's other letters. This study seeks to determine if Paul's scriptural quotations and allusions might be a parodic reinterpretation of Scriptures that demanded Torah-obedience in order to dissociate obeying the Mosaic law from faithfulness to God. The study is not limited to the Scriptures that were later canonized by the Church, but it is limited to the Greek text of writings since rhetorical parody is a play on the words of the hypotext.

A comparison of Galatians with Scriptures that demanded obedience to the Mosaic law or praised individuals who championed the law reveals that Paul parodically reinterpreted scriptural passages in order to dissociate the rejection of the Mosaic law from the curse of the law. The curse of the law is shown to refer not only to slavery, but also to spiritual death. This study also reveals that the law-free Galatians were being excluded from the faith community on the basis that they were unrepentant sinners. Additionally, Gal 3-4 is best understood as Paul's argument against the confluence of the covenant with Abraham and the Mosaic law.

This dissertation concludes that understanding Paul's use of rhetorical parody not only clarifies several puzzling statements in the letter, but also demonstrates that Paul's exhortations in Gal 5-6 address the Galatian situation just as much as the theological sections do.

Dissertation

This Study elaborates the topic of Biblical Trust in the World of Pentateuch. This trust is understood as to rely in a purely subjective way on a word or instruction of some person. In case of God it frequently means a conviction that some humanly unrealizable promises are to be fulfilled. Such attitude secures to the trusting person merits before God. Rely on God is often understood in a confrontational way as opposite to the life of unbelievers. Trust requires courage to make leap in the dark. Meanwhile it is always right to trust in God, trust in a human person is in Pentateuch interpreted as fool. But if the respective man is the spokesman of God, the eventual mistrust is seen as an attack against God himself. In case of God's revelation trust becomes duty. If there is any doubt people can ask some sign of authenticity for the presented God's will. But if the will is known, eventual mistrust is interpreted as disobedience and follows a severe punishment. The same trust which belongs to God is required also for his prophet and for the Law proclaimed in the God's name. If somebody relies on himself in sense of exaggerated self-confidence which does not count on God, it is understood as a crime. In the same manner is valuated the trust directed towards the pagan divinities.