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Journal articles on the topic 'Paradox of the oath'

Author: Grafiati

Published: 4 June 2021

Last updated: 11 February 2022

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1

Aroney, Nicholas. "The Rule of Law, Religious Authority, and Oaths of Office." Journal of Law, Religion and State 6, no. 2-3 (May 18, 2018): 195–212. http://dx.doi.org/10.1163/22124810-00602003.

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The rule of law requires political office holders to exercise their powers in accordance with the law. Most societies, however, rely not only on the moral obligation to obey the law but also require office holders to take a religious oath or solemn affirmation. The divine witness to the oath of office stands in as a guarantor of the political order but also looms above it. As such, the oath represents a paradox. It guarantees the performance of official duties while also subjecting them to external judgement. The oath thus encompasses the large question of the relationship between religious conviction, personal fidelity, moral principle, and political power. It suggests that law and religion are as much intertwined as separated in today’s politics. By tracing the oath of office as a sacrament of power, much light can be shed on the relationship between law and religion in today’s liberal-democratic politics.

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2

Ghosh, Shrimoyee Nandini. "‘Not worth the paper it’s written on’: Stamp paper documents and the life of law in India." Contributions to Indian Sociology 53, no. 1 (February 2019): 19–45. http://dx.doi.org/10.1177/0069966718810566.

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This article is an ethnographic exploration of a promiscuously present and instantly recognisable legal and cultural artefact in India, the stamp paper document under the Indian Stamp Act, 1899. The ‘stamp paper’ is a documentary form that is constantly escaping from its legal moorings in revenue and evidentiary law, and is being replicated, mimed and recommissioned, both in form and in substance, and in ways which blur the domains of the legal, the quasi-legal and the non-legal. Its bureaucratic authority is produced through protocols and rituals of writing, verification, identification, attestation and authorisation performed by paper workers such as court typists, stamp vendors, notaries and oath commissioners. Yet the stamp paper is simultaneously viewed as notoriously fraudulent and legally invalid—its use redundant and truth functionaries infamously corruptible. Focusing on the materiality of the stamp paper, as it circulates through the interstitial spaces of Patiala House Court Complex in New Delhi, this article seeks to address this curious paradox and provides an account of the social life of law through the travels of an emblematic yet dubious legal form.

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3

Bookman, Marc. "Oath." Antioch Review 64, no. 2 (2006): 267. http://dx.doi.org/10.2307/4614975.

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4

Zunxin, Bao, Yan Jiaqi, Su Xiaokang, Wang Juntao, Shen Dade, Wu Tingjia, Min Qi, Chen Xiaoping, Li Dewei, and Xie Xiaoqing. "Sworn Oath." Chinese Sociology & Anthropology 23, no. 1 (October 1990): 43. http://dx.doi.org/10.2753/csa0009-4625230143.

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5

Schreiber, Melvyn H. "The oath." Academic Radiology 2, no. 8 (August 1995): 731. http://dx.doi.org/10.1016/s1076-6332(05)80446-5.

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6

Sher, Leonid. "Hippocratic Oath." Lancet 347, no. 9004 (March 1996): 834. http://dx.doi.org/10.1016/s0140-6736(96)90913-7.

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7

Nespolon, Harry M. "My oath!" Medical Journal of Australia 166, no. 2 (January 1997): 112. http://dx.doi.org/10.5694/j.1326-5377.1997.tb138749.x.

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8

Janzen, J. Gerald. "Job's Oath." Review & Expositor 99, no. 4 (December 2002): 597–605. http://dx.doi.org/10.1177/003463730209900410.

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Job's bitterness arises as raw grief and bewilderment over the calamity that has befallen him. But under the press of the argument with his friends, which increasingly frames itself within the logic of reward and punishment and employs the imagery of a trial with its accusations and protestations of innocence, he falls into moral bitterness, a sense of outrage over the injustice done to him. When he finally swears an oath of innocence, this act, as often observed, unmasks the inadequacy of the courtroom imagery; for the God before whom he swears his innocence is at the same time the God whom he takes to be his accuser. I argue that this act shows Job reaching down to a sense of God experientially prior to and deeper than his sense of God as law-giver and judge. For he swears in the name of Shadday, giver of conception, birth and nurture. In this sense he may be said to appeal, in an elemental trust deeper in him than his moral bitterness, from God as judge to God as divine parent. The divine speeches come as a vindication of his trust, renewing his appetite for life in a world presented to him as a theater of manifold generative liveliness, dangerous but utterly worthwhile. Thus his personal struggle for the last truth about God ends with his discovery of the truth he had already encountered at the very beginning of his life. Reaching that last truth—or, rather, being reached by it—he resembles a tree which, though cut down, buds and puts forth branches like a young plant at the scent of water (14:7-9).

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9

&NA;. "Hippocratic Oath." Southern Medical Journal 97, no. 12 (December 2004): 1169. http://dx.doi.org/10.1097/01.smj.0000146491.55704.b3.

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10

Bryant, Paul D. "Counselor's Oath." TACD Journal 13, no. 1 (March 1985): 62. http://dx.doi.org/10.1080/1046171x.1985.12034236.

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11

Morowitz, Harold J. "The Oath." Hospital Practice 25, no. 3 (March 15, 1990): 125–26. http://dx.doi.org/10.1080/21548331.1990.11703927.

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12

Mahoney, Debbie. "UNDER OATH." AJN, American Journal of Nursing 90, no. 2 (February 1990): 23–27. http://dx.doi.org/10.1097/00000446-199002000-00009.

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13

Clark, John M. "Hippocratic Oath." JAMA 292, no. 9 (September 1, 2004): 1083. http://dx.doi.org/10.1001/jama.292.9.1083.

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14

Lazer-Pankiv, Olesia, and Kostiantyn Riabtsev. "PECULARITIES OF EXPRESSING PERSUASIVENESS IN DEMOSTHENES’ PHILIPPICS." Studia Linguistica, no. 15 (2019): 125–39. http://dx.doi.org/10.17721/studling2019.15.125-139.

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The article is devoted to the study of peculiarities of persuasiveness expression in the Demosthenes’ speeches on the material of the first and second Philippics. The analysis of the text of these speeches made it possible to distinguish a number of linguistic and rhetorical means used by the author to increase the level of persuasiveness of the speeches. In particular, emphasis is placed on the Demosthenes’ usage of numerous particles and conjunctions (with different meanings: conditionality, amplification, negation and opposition), syntactic constructions (Genetivus absolutus, Accusativus / Nominativus cum infinitivo), emphatic usage of the personal pronoun in the first person. The rhetorical techniques by which the speaker convinces the audience are identified and commented upon: alternation of direct and impersonal appeals to the audience; paradox, hyperbole, metaphor, erothema, antithesis, rhetorical question, as well as syntactic and semantic pleonasm. Demosthenes combines different principles according to Aristotelian categories of logos (logical reasoning and sequences, calculations of costs), ethos (oaths to Zeus, gods; usage of one’s authority for persuasion; emphasis on service to the common good as the main principle) and pathos (pathetic, sometimes even angry appeals; appeal to strong emotions of listeners).

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15

Arneson, M. "The Hippocratic Oath." CA: A Cancer Journal for Clinicians 40, no. 2 (March 1, 1990): 126–28. http://dx.doi.org/10.3322/canjclin.40.2.126.

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16

Dean, Mitchell. "Oath and Office." Telos 2018, no. 185 (2018): 67–91. http://dx.doi.org/10.3817/1218185067.

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17

Bettridge, Kelsey E., Ashley L. Cook, Roy C. Ziegelstein, and Peter J. Espenshade. "A Scientist’s Oath." Molecular Cell 71, no. 6 (September 2018): 879–81. http://dx.doi.org/10.1016/j.molcel.2018.08.026.

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18

Laskin, Daniel M. "The “hypocritic” oath." Journal of Oral and Maxillofacial Surgery 48, no. 4 (April 1990): 335. http://dx.doi.org/10.1016/0278-2391(90)90426-3.

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19

Watt, Graeme. "The Coronation Oath." Ecclesiastical Law Journal 19, no. 3 (August 31, 2017): 325–41. http://dx.doi.org/10.1017/s0956618x17000497.

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The oath taken by British sovereigns at their coronations is laid down by a statute dating from 1688. Any oath taken other than in accordance with the correct statutory form is contrary to law. Taking the authorised form of the oath is a condition on which the crown is held by any individual. The oath taken by the present sovereign omitted the promise to govern according to the statutes agreed upon in Parliament. Any variance from the statutory form is problematic but the clause omitted is the clause that most clearly expresses the central concern of the Williamite settlement. The deficiencies in the oath taken, while reasonably apparent, do not appear to have been judicially recognised hitherto. The legal basis of the present oath has been raised in the political sphere but potential difficulties have been set aside on grounds of expediency. Given the unlawfulness of the oath taken, there is a political and constitutional imperative in establishing that deficiencies in the oath do not fatally taint the reign which follows. This article will advance two possible legal means of reconciling an improper oath with a perfectly valid reign.

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20

Dorman, John. "The Hippocratic Oath." Journal of American College Health 44, no. 2 (September 1995): 84–88. http://dx.doi.org/10.1080/07448481.1995.9937519.

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21

Kessel, Neil. "Swearing an Oath." Journal of the Royal Society of Medicine 90, no. 6 (June 1997): 301–2. http://dx.doi.org/10.1177/014107689709000601.

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22

Marketos, S. G., A. A. Diamandopoulos, C. S. Bartsocas, E. Poulakou-Rebelakou, and D. A. Koutras. "The Hippocratic Oath." Lancet 347, no. 8994 (January 1996): 101–2. http://dx.doi.org/10.1016/s0140-6736(96)90216-0.

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23

Weaver, Donald F. "The Neurologist’s Oath." Canadian Journal of Neurological Sciences / Journal Canadien des Sciences Neurologiques 46, no. 1 (January 2019): 121. http://dx.doi.org/10.1017/cjn.2018.357.

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24

Loudon, I. "The Hippocratic oath." BMJ 309, no. 6951 (August 6, 1994): 414. http://dx.doi.org/10.1136/bmj.309.6951.414a.

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25

Crawshaw, R., T. H. Pennington, C. I. Pennington, H. Reiss, and I. Loudon. "The Hippocratic oath." BMJ 309, no. 6959 (October 8, 1994): 952–53. http://dx.doi.org/10.1136/bmj.309.6959.952.

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26

Heiderscheidt, Paul. "A TEACHERʼS OATH." Academic Medicine 78, no. 2 (February 2003): 201. http://dx.doi.org/10.1097/00001888-200302000-00015.

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27

Freeman, Paul B. "The Optometric Oath." Optometry - Journal of the American Optometric Association 81, no. 1 (January 2010): 1. http://dx.doi.org/10.1016/j.optm.2009.11.004.

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28

Jansen, Joseph. "Greek Oath Breakers?" Mnemosyne 67, no. 1 (January 14, 2014): 122–30. http://dx.doi.org/10.1163/1568525x-12341303.

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29

HACK, JOHN ADRIAN. "CAPTAIN O'SHAUGNESSY‘S OATH." Journal of the American Society for Naval Engineers 72, no. 3 (March 18, 2009): 385–88. http://dx.doi.org/10.1111/j.1559-3584.1960.tb02381.x.

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30

Millado, Chris B., Al Santos, Alan Glinoga, Rody Vera, Negros Theater League, Peryante, Patatag, et al. "Oath to Freedom." Asian Theatre Journal 8, no. 1 (1991): 48. http://dx.doi.org/10.2307/1124166.

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31

Isaacs, David. "The Hippocratic Oath." Journal of Paediatrics and Child Health 47, no. 6 (June 2011): 321. http://dx.doi.org/10.1111/j.1440-1754.2011.02132.x.

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32

Halperin, Edward C. "Medical Oath Taking." Academic Medicine 94, no. 5 (May 2019): 612–13. http://dx.doi.org/10.1097/acm.0000000000002648.

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33

Olson, Anthony W., and Tessa J. Hastings. "Fulfilling the oath." Journal of the American Pharmacists Association 59, no. 1 (January 2019): 8–9. http://dx.doi.org/10.1016/j.japh.2018.11.011.

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34

Jacquemet, Nicolas, Alexander James, Stéphane Luchini, and Jason F. Shogren. "Referenda Under Oath." Environmental and Resource Economics 67, no. 3 (April 8, 2016): 479–504. http://dx.doi.org/10.1007/s10640-016-0023-5.

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35

Lokay, Andrew, Kaitlyn Robinson, and Martha Crenshaw. "The Oath Keepers." Dynamics of Asymmetric Conflict 14, no. 2 (May 4, 2021): 160–78. http://dx.doi.org/10.1080/17467586.2021.1912375.

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36

Panza, Barbara J. "His Word Was His Bond: The Role of the Oath in Thomas More’s Trial." Moreana 46 (Number 176), no. 1 (June 2009): 97–132. http://dx.doi.org/10.3366/more.2009.46.1.10.

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More refused to take the oath in support of the Act of Succession because the oath included a repudiation of papal supremacy. While the purpose of that oath and More’s refusal to take it were central to his trial, that oath was not the only oath that determined his fate. The oaths taken by the lawyers, witnesses, jurors, judges, and the King’s coronation oath were all involved in More’s trial. Were these oaths kept? More believed his oath was an affirmation of his faith and a means of establishing objective facts, while the other participants in his trial used their oaths to express their solidarity with Henry VIII and to ensure the Crown’s cause prevailed by obtaining More’s conviction. After a review of the objective role of the oath and the specific oaths implicated in More’s trial, the manner in which these oaths were employed, and the manner and degree to which those oaths were observed are examined.

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37

Gochnauer, Myron. "Oaths, Witnesses and Modern Law." Canadian Journal of Law and Jurisprudence 4, no. 01 (January 1991): 67–100. http://dx.doi.org/10.1017/s0841820900001272.

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In the common law world the oath has long provided one way of ensuring that trial witnesses tell the truth. The moral power of the oath supplements the judicial power of perjury laws. But unlike laws forbidding perjury, the oath cannot be used automatically. Through ignorance, belief or conscience a person may be incapable of meaningfully swearing an oath. Over the years there have been many legislative enactments and judicial pronouncements which sought to clarify conditions for the use of the oath and establish alternatives to it. With increasing secularization of society, the traditional ground rules have required modification. Because there has been little serious, theoretical discussion of the nature of the oath, these modifications have often exhibited inadequate understanding of the moral dimensions of the oath. As a result, judicial discussion has reached an impasse. In January, 1988 Bill C-15 became law. It contained yet another attempt to satisfactorily harness the power of the oath to the needs of the judicial system. The interpretation of this new legislation will offer excellent opportunities to eliminate some of the confusion surrounding the oath in Canadian law. This paper will analyze the nature of the oath with special attention to its obligation-generating capacity. The analysis developed here may help provide the understanding necessary for sensible judicial interpretation and reform.

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38

Carrier, David. "Gavin Hamilton’s Oath of Brutus and David’s Oath of the Horatii." Monist 71, no. 2 (1988): 197–213. http://dx.doi.org/10.5840/monist198871216.

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39

Beck, Tobias. "How the honesty oath works: Quick, intuitive truth telling under oath." Journal of Behavioral and Experimental Economics 94 (October 2021): 101728. http://dx.doi.org/10.1016/j.socec.2021.101728.

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40

Patni, I. Gusti Ayu Maha, I. Made Suwitra, and I. Ketut Sukadana. "Kedudukan Sumpah Pemutus dalam Pembuktian Sengketa Tanah Waris." Jurnal Konstruksi Hukum 1, no. 2 (October 28, 2020): 315–19. http://dx.doi.org/10.22225/jkh.2.1.2563.315-319.

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This study is motivated by the phenomenon of inherited land disputes that often occur in the community. When the distribution of inheritance is not fair, the heirs can file a lawsuit in court according to the choice of law, both in western civil law and in customary law. This study aims to determine the procedure for the breaker's oath in inherited land disputes and to analyze the power of proof of the breaker's oath in inherited land disputes. This study uses a normative research method with the aim of analyzing the obscurity of norms regarding the proof of the breaker's oath. The data used comes from legal materials such as statutory regulations, Civil Code, HIR or RBg and Jurisprudence. The results of the analysis show that the procedure for the breaker's oath in inherited land disputes is the breaker's oath (oath decisoir) which is charged at the request of one party to the opponent. The types of breaking oaths or decisoir oaths can be in the form of pocong oaths, pulpit vows, pagoda oaths, and cast oaths which are known in Hindu society in Bali. An oath of decision making in inherited land disputes, namely an oath of decision made when there is no attempt to prove anything in a case. Then, the power of proof of the breaker's oath is seen in Decision Number 148 / PDT.G / 2016 / PN GIN, that the power of proof of the breaker's oath has the power to decide cases or disputes which have the value of perfect proving power, binding and determining

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41

Baumgartner, Fritz, and Gabriel Flores. "Contemporary Medical Students’ Perceptions of the Hippocratic Oath." Linacre Quarterly 85, no. 1 (February 2018): 63–73. http://dx.doi.org/10.1177/0024363918756389.

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Background: The Hippocratic Oath is a standard of medical ethics. Oath adaptations are common. Objective: Evaluate students’ perceptions regarding the oath. Design: Survey of University of California, Los Angeles (UCLA) Medical School graduating students regarding the oath’s relevance, content, and application, and whether a choice of version should be provided. Results: Forty-two of the fifty-three students (79 percent) considered the original oath relevant. Most (53 percent) disagreed that the oath in its original form be used, and most preferred a modified oath. More agreed (40 percent) than disagreed (28 percent) on providing a choice of version of the oath. The mean of correct answers as to the original oath’s contents was 68 percent. Euthanasia and abortion prohibitions were recognized by 68 percent and 62 percent, respectively. Increased knowledge of the original’s contents correlated with decreased desire that it be used ( p = .02). Recognition of euthanasia/abortion prohibitions was significantly better for those in disagreement than in agreement that the original be used. Those who disagreed that a choice of oath versions be provided had significantly better knowledge of the original’s euthanasia/abortion prohibitions than those who agreed. However, those who felt strongly that a choice should or should not be given each had a 100 percent accuracy of identifying euthanasia/abortion prohibitions. Conclusions: Most students preferred an adapted oath to the original. Increased student knowledge of the original oath’s contents, including reference to euthanasia/abortion, significantly correlated with decreased desire to use it. Given the original’s importance in medical ethics, this is concerning. A subset of students, however, affirmed the original’s value and desired its use. Improved education in the Hippocratic oath is important, given modern medicine’s complex moral issues. Summary: The Hippocratic oath is a standard of medical ethics. Oath adaptations eliminating the original’s prohibitions of abortion/euthanasia are common. Most medical students who were questioned preferred the adapted oath to the original. Only two-thirds recognized the original’s prohibitions of abortion/euthanasia. Those who knew of the original oath’s prohibitions also had a decreased desire that it be used. Students disagreeing that a choice of versions of the oath be provided had better knowledge of these prohibitions. This is concerning, given the original oath’s importance in medical ethics including at the 1945–1949 Nuremberg trials. Nonetheless, a subset of students affirmed the original Hippocratic oath’s importance, desiring its use.

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42

Andrieiev, V. A. "Claim of public service in Ukraine: procedural and administrative aspect." Public administration aspects 6, no. 5 (June 18, 2018): 52–58. http://dx.doi.org/10.15421/151831.

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The article is devoted to the study of the procedures for organizing and managing the process of oath of office by a public servant in Ukraine. Working out the current legislation, which regulates the procedure for organizing and bringing the person to the oath of the civil servant. The article presents the peculiarities of the procedure for the oath of office by other subjects of state power.The position is that the procedure for bringing a person to the oath of a public servant is a special form of public administration, which consists in the implementation of legal acts. The emphasis is on the fact that the taking of oath is an important form of management activity and always entails a legal consequence that changes the legal status of a citizen.The author substantiates his own proposals and recommendations aimed at raising the status of oath of a civil servant and improving the managerial component of its conduct. In particular, it is noted that the Law of Ukraine «On Civil Service», which regulates certain issues of governance and procedures for the adoption of the Oath by a civil servant, contains separate legal gaps and uncertainties that are advisable to be remedied through the procedures for amending the text of the Law. In addition, there is an urgent need to develop and adopt a separate Provision on the procedure for drawing up an Oath of the Civil Servant, which clearly prescribes the procedural and managerial aspects of the acceptance of the Oath of the Civil Servant. The author believes that the meaning of the Oath should not be reduced to a formal and symbolic-ceremonial act, but should have, first of all, normative character. This will enable the person making the oath to more deeply perceive the significance of the Oath as not just an ordinary procedure, but an act that gives an employee the rights and duties that he must steadfastly perform for the benefit of Ukraine and its citizens. Only through a clear normative consolidation of the procedure for overseeing a civil servant will it acquire a totally different content and transform itself from a formal institute into a truly effective and important institution.

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43

Andrieiev, V. O. "Genezis of the person of the public service, as a complex element of its legal status." Public administration aspects 6, no. 3 (April 8, 2018): 25–31. http://dx.doi.org/10.15421/15201812.

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The article is devoted to the study of the main stages of the formation and development of the oath of a civil servant, as part of his legal status. The normative legal acts regulating the oath of a civil servant during the historical development of the civil service in the territory of modern Ukraine are considered.The article concludes that at the present stage, the institute of oath of a civil servant, based on historical legal analysis and taking into account European integration processes in the field of public administration, has a sustainable development. Throughout the historical development of the oath of a public servant, the formation and development of the civil service in the territory of Ukraine played a significant role. The main factors of influence in different historical periods on the formation and development of the oath of a civil servant were armed confrontation, change in the form of government, the state-political structure of the state, and the formation of various Ukrainian states.At the same time, taking into account the complicated conditions for the historical development of the oath of a public servant, which consisted in the perception of society, a certain historical period, the legal phenomenon of «oath» as an integral part of the legal status of a civil servant, and sometimes the lack of normative and legal regulation of the institution of the oath of a civil servant, all however, played an important role in the formation of the civil service in general.Thus, all historical stages of gossip of the oath of a civil servant as a component of his legal status are important from the point of view of historical and legal study of the civil service in the territory of Ukraine, as well as normative legal acts from the point of view of fixing the oath of the civil servant.Consequently, taking into account the historical development of the oath of a civil servant, an oath is an integral part of its legal status, a factor that gives an individual the opportunity to voluntarily acquire certain rights and responsibilities, which are, first of all, in the service of their people.

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44

Johnson, Charles W. "An Oath of Silence." Philosophy and Theology 5, no. 4 (1991): 283–95. http://dx.doi.org/10.5840/philtheol19915411.

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45

Schechner, Richard. "Signing the Purity Oath." TDR (1988-) 34, no. 3 (1990): 9. http://dx.doi.org/10.2307/1146058.

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46

Brown, Sara Simpson, Jeannie Scruggs Garber, Judy Lash, and Abrina Schnurman-Crook. "A proposed interprofessional oath." Journal of Interprofessional Care 28, no. 5 (March 28, 2014): 471–72. http://dx.doi.org/10.3109/13561820.2014.900480.

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47

McGuill, Michael W. "Our oath of kindness." Journal of the American Veterinary Medical Association 221, no. 12 (December 2002): 1682–83. http://dx.doi.org/10.2460/javma.2002.221.1682.

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48

Robin, EugeneD, and RobertF McCauley. "The Hippocratic Oath today." Lancet 347, no. 9006 (April 1996): 973. http://dx.doi.org/10.1016/s0140-6736(96)91461-0.

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49

Punjabi, Prakash P. "Revisiting the Hippocratic Oath." Perfusion 30, no. 8 (October 27, 2015): 610. http://dx.doi.org/10.1177/0267659115614503.

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50

Marketos, S. G., and A. A. Diamandopoulos. "Swearing off the Oath?" Journal of the Royal Society of Medicine 90, no. 9 (September 1997): 527. http://dx.doi.org/10.1177/014107689709000927.

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