2007年10月31日水曜日


Titan (/ˈtaɪ.tən/, from Ancient Greek Τῑτάν) or Saturn VI is the largest moon of Saturn and the second largest moon in the Solar System, Until 2004, this atmosphere prevented understanding of Titan's surface, but with the arrival of the Cassini–Huygens mission, new information about it has accumulated, such as the discovery of liquid hydrocarbon lakes near its north pole. These are the only large, stable bodies of surface liquid known to exist anywhere other than Earth.
Titan is never visible to the naked eye, but can be observed through small telescopes (diameter greater than 5 cm) or strong binoculars. It has a maximum magnitude of +7.9, outshone by six asteroids (Vesta, Pallas, Iris, Hebe, Juno, Melpomene) and the dwarf planet Ceres. Titan reaches an angular distance of about 20 Saturn radii from Saturn and subtends a disk 0.8 arcseconds in diameter.

Name
At 5,150 km across, Titan is larger than the planet Mercury and is the second largest natural satellite in the solar system after Ganymede.

Physical characteristics
Titan's diameter and mass (and thus its density) are similar to Jovian moons Ganymede and Callisto. Its interior may still be hot and there may be a liquid layer consisting of water and ammonia between the ice crust and the rocky core. Though similar in composition to Rhea and the rest of Saturn's moons, it is denser due to gravitational compression.

Titan (moon) Internal structure
Titan is the only known moon with a fully developed atmosphere that consists of more than just trace gases. The presence of a significant atmosphere was first discovered by Gerard P. Kuiper in 1944 using a spectroscopic technique that yielded an estimate of an atmospheric partial pressure of methane of the order of 100 millibars (10 kPa).

Atmosphere
At the surface, Titan's temperature is about 94 K (−179 °C, or −290.2 °F). At this temperature water ice does not sublimate, so the atmosphere is nearly free of water vapor. Scattered variable clouds punctuate an overall haze in Titan's atmosphere. These clouds are probably composed of methane, ethane or other simple organics. Other more complex chemicals in small quantities must produce the orange color as seen from space.
Ground-based observations show that Titan's climate changes with the seasons. Over the course of Saturn's 30-year orbit, Titan's cloud systems appear to manifest for 25 years, and then fade for four to five years, before reappearing again.

Climate
The Cassini mission has revealed that Titan's surface is relatively smooth. The few objects that seem to be impact craters appeared to have been filled in, perhaps by raining hydrocarbons or volcanoes. The area mapped so far appears to have no height variation greater than 50 meters (165 feet); however, radar altimetry has so far only covered part of the north polar region.
Titan's surface is marked by broad regions of bright and dark terrain. These include a large, highly reflective area about the size of Australia identified in infrared images from the Hubble Space Telescope and the Cassini spacecraft. This region is named Xanadu and appears to represent an area of relatively high ground. There are dark areas of similar size elsewhere on the moon, observed from the ground and by Cassini; it had been speculated that these are methane or ethane seas, but Cassini observations seem to indicate otherwise (see below). Cassini has also spotted some enigmatic linear markings, which some scientists have suggested may indicate tectonic activity, as well as regions of bright material cross cut by dark lineaments within the dark terrain.
In order to understand Titanian surface features better, the Cassini spacecraft is currently using radar altimetry and synthetic aperture radar imaging to map portions of Titan during its close fly-bys of the moon. The first images have revealed a complex, diverse geology with both rough and smooth areas. There are features that seem volcanic in origin, which probably disgorge water mixed with ammonia. There are also streaky features that appear to be caused by windblown particles.

Surface features
It has long been believed that lakes or even seas of methane might exist on Titan's surface, but until recently, conclusive evidence has proven elusive.

Liquids on Titan
Radar SAR and imaging data from Cassini have revealed a relative paucity of impact craters on Titan's surface, suggesting a youthful surface. To date, only three impact craters have been confirmed, which includes a 440 km wide multi-ring impact basin named Menrva (seen by Cassini's ISS as a bright-dark concentric pattern),

Impact craters

Main article: CryovolcanoTitan (moon) Cryovolcanism
A mountain range measuring 150 km (93 miles) long, 30 km (19 miles) wide and 1.5 km (1 mile) high was discovered by Cassini in 2006. This range lies in the southern hemisphere and is thought to be composed of icy material and covered in methane snow. The movement of tectonic plates, perhaps influenced by a nearby impact basin, could have opened a gap through which the mountain's material upwelled.

Mountains
In the first images of Titan's surface taken by Earth-based telescopes in the early 2000s, large regions of dark terrain were revealed straddling Titan's equator.

Dark terrain

Main article: Huygens probe Huygens landing site
Titan was examined by both Voyager 1 and Voyager 2, with Voyager 1's course being diverted specifically to make a closer pass of Titan. Unfortunately Voyager 1 did not possess any instruments that could penetrate Titan's haze, an unforeseen factor. Many years later, intensive digital processing of images taken through Voyager 1's orange filter did reveal hints of the light and dark features now known as Xanadu and the Sickle,

Exploration of Titan
Scientists believe that the atmosphere of early Earth was similar in composition to the current atmosphere on Titan. Many hypotheses have developed that attempt to bridge the step from chemical to biological evolution. The Miller-Urey experiment and several following experiments have shown that with an atmosphere similar to that of Titan and the addition of UV radiation, complex molecules and polymer substances like tholins can be generated. The reaction starts with dissociation of nitrogen and methane forming hydrocyan and ethyne. Further reactions have been studied extensively.

See also

2007年10月30日火曜日



List of capitals outside of the territories they serveList of capitals outside of the territories they serve Current

Bacolod City, Philippines - capital of the province of Negros Occidental, itself an independent city.
Brussels, Belgium - capital of the Flemish Region, itself lies within the Brussels-Capital Region
Bucharest, Romania - location of many of the institutions of the Ilfov County, itself a municipality with special status
Budapest, Hungary - Capital of Pest county, and also the Central Hungarian Region, itself having a county status, thus outside Pest county, but within the Central Hungarian Region.
Butuan City, Philippines - capital of the province of Agusan del Norte, itself a highly urbanized, independent city.
Cagayan de Oro City, Philippines - capital of the province of Misamis Oriental, itself a highly urbanized, independent city.
Cebu City, Philippines - capital of Cebu Province, itself a highly urbanized, independent city.
Chandigarh, India - shared capital of the states of Punjab and Haryana, itself a union territory
Cotabato City, Philippines - regional capital of the Autonomous Region in Muslim Mindanao, itself part of SOCCSKSARGEN Region.
Iloilo City, Philippines - capital of Iloilo Province, itself a highly urbanized, independent city.
Kingston upon Thames, United Kingdom - administration headquarters of Surrey, England, itself within Greater London
Moscow, Russia - capital of the Moscow Oblast, itself a federal city
Oslo, Norway - administration headquarters of Akershus county, itself a separate county
Prague, Czech Republic - capital of Central Bohemian Region, itself an administrative unit on its own
Saint Petersburg, Russia - capital of the Leningrad Oblast, itself a federal city
Saipan, Northern Mariana Islands - seat of the mayor office of the largely evacuated Northern Islands Municipality, Commonwealth of the Northern Mariana Islands, itself another municipality
Tashkent, Uzbekistan - capital of Tashkent Province, itself an independent city
Virginia in the United States has unique laws regarding independent city status, where a city is not part of its surrounding county. Because of this, many county courthouses and county government offices are technically located outside of the county. These include Albemarle County, Alleghany County, Augusta County, Bedford County, Frederick County, Greensville County, Prince William County, Rockbridge County, and Rockingham County. The government offices for Fairfax County, Roanoke County, James City County, and Henrico County are located within the borders of the county while the historic courthouses are located in the independent cities of Fairfax, Salem, Williamsburg, and Richmond, respectively.

2007年10月29日月曜日


The Atayal (Chinese: 泰雅), also known as the Tayal and the Tayan, are one tribe of Taiwanese aborigines. In the year 2000 the Atayal tribe numbered 91,883. This was approximately 23.1% of Taiwan's total indigenous population, making them the second-largest tribal group. The meaning of Atayal is "genuine person" or "brave man."

Atayal people Origins
The Atayal Tribe was a fairly advanced culture. They originally lived by fishing, hunting, gathering, and growing crops on burned-off mountain fields. The tribe also practiced crafts such as weaving, net knotting, and woodworking. They also had traditional musical instruments and dances.
The Atayal were known as great warriors. When they defeated an invader, they would remove the head of the enemy to display. (See Headhunting) They were known to be fierce fighters as observed in the case of the Wushe Incident in which the Atayal fought the Japanese.

Traditional dress
Main article: Taiwanese aborigines – Contemporary Aborigines
The Atayal tribe in Taiwan resides in central and northern Taiwan. The northernmost village is Ulay (Wulai in Chinese), about 25 kilometers south of central Taipei. The name Ulay is derived from /qilux/, hot, because of the hot springs on the riverbank . [1] The Wulai Atayal Museum in the town is a place to learn about the history and culture of the Atayal.
In recent years the mainly Christian community of Smangus has become well-known as a tourist destination, as well as an experiment in tribal communalism.
Many Atayal are bilingual, but the Atayal language still remains in active use.
Famous Atayal people include singing star Landy Wen.

2007年10月28日日曜日

Membership
While practices and even core doctrine vary within the emerging church "conversation," most emergents tend to exhibit the following characteristics:

Values and Characteristics
The emerging church movement arose as a response to the perceived influence of modernism in Western Christianity. As sociologists noted a cultural shift to postmodern ways of perceiving reality in the late 20th century some Christians began to advocate changes within the church that corresponded to these cultural shifts. These critics began to assert that the church was culturally bound to modernism and began to challenge the church regarding its use of institutional structures, systematic theology, propositional teaching methods, buildings, attractional understanding of mission (trying to bring people into the church rather than improving their world), official clergy, worship lacking in premodern practices such as incense and candles that evoke sacred feelings, and the role conservatives often played in Evangelical politics. Postmodern epistemology is fundamental to emerging church movement beliefs and emergents have labored to construct a postfoundational theology which rejects certainty in favor of a view they describe as more humble in which emergents see their voice as just one among many legitimate, non-dogmatic religious voices that engage in peer-to-peer dialog or "conversation." Emergents believe it is necessary to deconstruct and reconstruct (redefine and reshape) Christianity in order to engage post-Christian Western culture in this two-way conversation rather than proclaim a message that is alien to and unpopular with that culture.

Postmodern worldview
Narrative explorations of faith, Scripture, and history are emphasized in emerging churches over exegetical and doctrinal approaches (such as that found in systematic theology and systematic exegesis), which are often viewed as reductionist. Systematic study is seen as a relic of modernism born out of the view that cross-cultural absolutes could be found. Emergents embrace the postmodern concept that we can only relate the narratives that cause a person or group to believe in the values they do.

Narrative theology
The movement publicly advocates ecumenism though they admit to being intolerant of theological conservatives who view the authorial intent in Scripture as having absolute authority for doctrine and practice. Emergents espouse an open, flexible, and subjective view of doctrine in which they embrace a continual reexamination of theology which causes them to see faith as a journey rather than a destination. This is a natural consequence of their rejection of certainty in faith. Some emerging leaders claim to "hold in tension" even radical differences in doctrines and morals. This openness leads many of them to extend an invitation to "open minded" people of all religions and social backgrounds to contribute to the dialog or conversation. Some emergents see theology as merely an icon pointing to God rather than as a definition of God that has a 1 to 1 correspondence to "what is." For most emergents this means they do not see any doctrinal expositions as definitive.

Generous orthodoxy
Postmodern literary theory rejects the referential theory of language. For them, the text takes on a personal meaning as they experience it, but it has no authoritative meaning such as authorial intent to distinguish a right from wrong interpretation. Likewise, emergents allow for a plurality of Scriptural interpretations. Emergent leader Tony Jones says "We must stop looking for some objective Truth that is available when we delve into the text of the Bible." Emergents exhibit a particular concern for the effect of the modern reader's cultural context on the act of interpretation in contrast to the emphasis of historical orthodoxy on the primacy of the author's intent and cultural context. The influence of postmodern thinkers such as Jacques Derrida and Stanley Fish is evident in the emerging church movement's approach to interpreting Scripture.

Postmodern Hermeneutics
Emergents favor the sharing of experiences and interactions such as testimonies, prayer, group recitation, sharing meals and other communal practices, which they believe are personal and sincere over propositional, evangelistic preaching and exegetical bible teaching, since these involve claims of clear knowledge regarding absolute truth. Emerging church participants are thus true to the social constructs of their local narratives rather than to any absolute, ahistorical, cross-cultural authority.

Authenticity
The movement's participants claim they are creating a safe environment for those with opinions ordinarily rejected within historic orthodoxy. Non-critical, interfaith dialog is favored over evangelism in the movement. Emergents do not engage in apologetics or confrontational evangelism.

Conversation/dialog
Participants in this movement assert that the incarnation of Christ informs their theology, believing that as God entered the world in human form, adherents enter (individually and communally) into the context around them, aiming to transform that culture through local involvement in it. This holistic involvement may take many forms, including social activism, hospitality, and acts of kindness. Emergents call this beneficent involvement in culture "missional living." Missional living is thought to make emergents part of the culture rather than outsiders who call people to come out from among the culture; and this approach leads emergents to their focus on temporal and social issues, as opposed to the Evangelical emphasis on eternal salvation. The hope of the emerging church movement's "gospel" is to enhance the lives of others regardless of their lifestyles or beliefs. Therefore, social action, community involvement, and sacrificial hospitality are more emphasized in the movement than preaching and teaching.

Missional living
Emergents communicate and interact through fluid and open networks because the movement is decentralized with little institutional coordination. Participants avoid assumptions about the role and nature of the church, attempting to gather in ways specific to their local context. In this way emergents share with the house church movements a willingness to challenge traditional church structures/organizations though they also respect the different expressions of traditional Christian denominations.

Unstructured ecclesiology
This can involve everything from expressive, neocharismatic style of worship and the use of contemporary music and films to more ancient liturgical customs and eclectic expressions of spirituality, with the goal of making the church gathering genuinely reflective of the local community's tastes.

Creative spirituality
In a strict theological sense the term legalism pertains to the idea of justification by works. Legalism in a popular/colloquial, Evangelical sense is a pejorative describing an improper fixation on law or codes of conduct, or legal ideas, usually implying an allegation of misguided rigor, pride, superficiality, the neglect of mercy, and ignorance of the grace of God. Emergents tend to see any exhortation to moral conduct other than social causes to be "legalistic." Many emergents participate in activities such as drinking and watching movies with explicit sexual content that most Evangelicals disapprove of. Those who identify with the emerging church movement are not likely to be dogmatic about private, moral behaviors which do not hurt others or the environment. Homosexuality is held as an open question by most emergents. Brian McLaren, for example, says "Frankly many of us don't know what we should think about homosexuality."."

"Non-Legalistic" conduct
Emergents use the Internet as a central medium to facilitate global friendship and to converse about theology, philosophy, art, culture, politics, social justice, etc. through various blogs, websites, and online videos.

Use of new technologies
The movement's members make liberal use of jargon originally coopted from more popular usage by related schools of thought such as the narrative theology movement. Once emergents have made them their own, terms such as "generous," "missional," "authentic," "narrative," and "conversation" serve as "flags" by which emergents are able to quickly recognize each other across denominational lines.

Postmodern terminology
Emergents express concern for what they consider to be the practical manifestation of God's kingdom on earth, by which they mean social justice. This concern manifests itself in a variety of ways depending on the local community and in ways they believe defy "modernist" labels of "conservative" and "liberal." This concern for justice is expressed in such things as feeding the poor, visiting the sick and prisoners, stopping contemporary slavery and working for environmental causes.

Justice
Although some emergent thinkers such as Brian McLaren and many Evangelical scholars such as D. A. Carson use "emerging" and "emergent" as synonyms, a large number of participants in the emerging church movement maintain a distinction between them. "Emergent" is sometimes more closely associated with Emergent Village. Those participants in the movement who assert this distinction believe "emergents" and "emergent village" to be a part of the emerging church movement but prefer to use the term "emerging church" to refer to the movement as a whole while using the term "emergent" in a more limited way, referring to Brian McLaren and emergentvillage. Many of those within the emerging church movement who do not closely identify with emergentvillage tend to avoid that organization's interest in radical theological reformulation and focus more on new ways of "doing church" and expressing their spirituality. Mark Driscoll, an early leader associated with the emerging church conversation, now distances himself from the "emergent thread." In a short video clip, he summarizes some of his concerns. Some observers consider the "emergent stream" to be one major part within the larger emerging church movement. This may be attributed to the stronger voice of the 'emergent' stream found in the US which contrasts the more subtle and diverse development of the movement in the UK, Australia and New Zealand over a longer period of time. As a result of the above factors, the use of correct vocabulary to describe a given participant in this movement can occasionally be awkward, confusing, or controversial.
In the mid-1990s I was part of what is now known as the Emerging Church and spent some time traveling the country to speak on the emerging church in the emerging culture on a team put together by Leadership Network called the Young Leader Network. But, I eventually had to distance myself from the Emergent stream of the network because friends like Brian McLaren and Doug Pagitt began pushing a theological agenda that greatly troubled me. Examples include referring to God as a chick, questioning God's sovereignty over and knowledge of the future, denial of the substitutionary atonement at the cross, a low view of Scripture, and denial of hell which is one hell of a mistake. -- Mark Driscoll

Emerging Church "Emerging" versus "Emergent"
It is sometimes useful to compare the emerging church movement with other Christian movements, which emphasize a similar approach to Christianity and inner experience.
The Taizé Community in France parallels the emergent experience in many ways. Traditional symbols in this community such as candles and crosses have intensified importance in creating subjective feelings. Taizé places a greater emphasis on meditation and the experiences derived from the monastic life than they do upon Scripture. They also embrace a religious pluralism that discards notions of eternal judgment. Within the wider Emerging Church there is a growing exploration of a similar kind of monasticism, known as new-monasticism. Communities such as "Moot"

Emerging Church Comparisons to other movements
Many Evangelical leaders have criticized elements of the emerging church movement[2]. In spite of the movement's diversity there are several common emergent characteristics about which many Evangelicals have expressed concern:

Criticisms
Some Evangelicals such as D. A. Carson have characterized the emerging church movement as primarily a movement of protest in which participants are reacting against their more conservative heritage. These same Evangelicals generally claim that emergent books and blogs are more preoccupied with this protest than they are with any genuinely constructive agenda. Critics thus maintain that emergents frequently fail to live up to their own rhetoric regarding missional living.

Non-constructive focus on protest
Evangelical Christians generally do not find emergent blogs to be a "safe place" for them to visit. Critics claim emergent bloggers spend much of their time ridiculing Evangelical Christians and that Evangelical efforts to engage in the dialog on these blogs brings out hostility toward them from the emergents.

Intolerance toward Evangelicals
Many Evangelical scholars criticize the movement for maintaining that certainty in faith is not achievable and for rejecting the view of historical orthodoxy regarding the perspicuity of Scripture. Brian McLaren admits to not knowing why Jesus died on the cross, and he maintains that even Jesus did not know the reason for this sacrifice. . Evangelicals complain that when these factors are combined with the postmodern tendency to deconstruct traditional terms and biblical texts, the result is the emerging church movement's toleration of doctrinal and moral positions that most Evangelicals consider non-negotiable.

Denial of certitude of faith
Critics of the movement often assert that emergents frequently indulge in logical fallacies, especially the false antithesis or false dilemma and they respond that Evangelicalism has never embraced modernism in its entirety in spite of its acceptance of the correspondence theory of truth and semantic externalism. They maintain that only classical, liberal theologians have completely accommodated modernism and many of these same scholars fear that the emerging church movement's accommodation to postmodernism has the same practical effects as liberal accommodation to modernism. Evangelicals also reject emergent accusations that Evangelicals are belligerent toward non-Christians, and they are puzzled by emergent rhetoric that caricatures Evangelicals as unconcerned and uninvolved in benevolence and sincere Christian living.

Use of false dilemma and straw man fallacies
While many Evangelicals have been open to some of the criticisms that the emerging church movement has offered, most seem to have rejected the emerging church movement's views of several key theological themes within their soteriology and eschatology as well as the openness of some in the emerging church movement to alternative lifestyles. Many of these critics seem especially concerned about unorthodox views in the emerging church movement on doctrines such as blood atonement, salvation by faith, hell, and the sovereignty of God.

Unorthodox theology
Conservative Evangelicals have also contested the emergent view of evangelism. They believe the emergent view of God's kingdom is too narrowly limited to improving social conditions while ignoring eternal matters causes Evangelicals to believe this is a timeless practice which is needed for hearers to understand the gospel and believe it.

Propositionless "evangelism"
Some Evangelicals also express concern that the postmodern spirituality embraced by many emergents is more syncretistic than scriptural. These Christians have questioned a variety of mystical techniques found in the emerging church movement such as contemplative prayer (although this term is used with various meanings) and labyrinths; and they express concern regarding the premodern (as exhibited in the medieval mystics) and Eastern approach to "spirituality" found in the movement.

Syncretistic spirituality
Several critiques of this movement have been written recently by leading Evangelical scholars such as D. A. Carson and Millard Erickson. In September of 2006 an open conversation was held in Perth between D. A. Carson and two Australian emerging church leaders, Andrew Hamilton and Geoff Westlake.

Criticisms persist despite diversity in the movement

Further reading

Gibbs, Eddie and Bolger, Ryan Emerging Churches: Creating Christian Communities in Postmodern Cultures SPCK Publishing, 2006.
Viola, Frank. God's Ultimate Passion: Unveiling the Purpose Behind Everything, Present Testimony Ministry, 2006.
Brewin, Kester The Complex Christ: Signs of Emergence in the Urban Church SPCK Publishing, 2004.
Rollins, Peter. How (Not) to Speak of God SPCK Publishing, 2006
Mobsby, Ian. Emerging & Fresh Expressions of Church Moot Community Publishing, 2007
Frost, M and Hirsch, A The Shaping of Things to Come: Innovation and Mission for the 21st Century Church Hendrickson Publishers Inc.,U.S. 2003
Newbigin, Lesslie. The Gospel in a Pluralist Society Ethics & Public Policy Center, 1990
Bosch, David J Transforming Mission: Paradigm Shifts in Theology of Mission Orbis Books (USA) 1992
Chalke, Steve. The Lost Message of Jesus. Grand Rapids: Zondervan, 2003.
Grenz, Stanley J. and John R. Franke, Beyond Foundationalism: Shaping Theology in a Postmodern Context. Louisville, Kentucky: Westminster John Knox Press, 2001.
Jones, Tony. Postmodern Youth Ministry. Grand Rapids: Zondervan, 2004.
Kimball, Dan. The Emerging Church: Vintage Christianity for New Generations. Grand Rapids: Zondervan 2003.
McLaren, Brian D. A Generous Orthodoxy. Grand Rapids, Michigan: Zondervan Publishing, 2004.
McLaren, Brian D. The Secret Message of Jesus: Uncovering the Truth that Could Change Everything. Nashville: Thomas Nelson's W Publishing Group, 2006.
Sweet, Leonard. Soul Tsunami. Grand Rapids: Zondervan, 1999.
__________; editor: The Church in Emerging Culture: Five Perspectives published by Zondervan, 2003.
_________; e-book Quantum Spirituality link
Cole, Neil; Organic Church: Growing Faith Where Life Happens Jossey Bass Wiley, 2005
Murray, Stuart Post-Christendom: Church and Mission in a Strange New World Authentic Media, 2004
Taylor, Steve The Out of Bounds Church?: Learning to Create a Community of Faith in a Culture of Change Zondervan Publishing House 2005
Morisy, Ann Journeying Out Harrisburg: Morehouse, 2004
Frost, Michael. Exiles: Living Missionally in a Post-Christian Culture Hendrickson Publishers Inc., U.S. 2006
Bell, Rob. Velvet Elvis: Repainting the Christian Faith Zondervan Publishing House, 2005
Vincent, Richard Integral Christianity Bimillenial Press, 2007 link
Hirsch, Alan The Forgotten Ways: Reactivating the Missional Church Brazos US, Strand Aus 2006 Favorable books

Five Streams of the Emerging Church by Scot McKnight
Please Don't Stereotype The Emerging Church by Dan Kimball
My prosaic jesus, Or Brown like Shit by David Sherwood
Will the Emerging Church Fully Emerge? by Frank Viola
"The Next Questians" by Bill Dahl
Earl Creps Emerging Culture / Emerging Church Resources
The Emerging Church, Part One July 8, 2005, PBS Religion & Ethics NewsWeekly. Retrieved July 29 2005.
The Emerging Church, Part Two July 15, 2005, PBS Religion & Ethics NewsWeekly. Retrieved July 29 2005.
The Emergent Mystique - Christianity Today feature by Andy Crouch
Kingdom Leadership in the Postmodern Era by Leonard Hjalmarson
Brian McLaren on the Homosexual Question: Finding a Pastoral Response by Brian McLaren
"Maybe it's Time to Stop Bullshitting God" by Christine Goertzen
"Faith Based Math" by John O'Keefe
What is the Emerging Church? (Fall Contemporary Issues Conference, Westminster Theological Seminary) by Scot McKnight
Emerging Church for an Emerging Culture by Ian Mobsby
Is there a distinctive approach to theologising in the Emerging Church by Ian Mobsby
Emerging Faith:construction, deconstruction & reconstruction in emergingchurch.info portal Critical books

The Emerging Church Part 1 by Gary Gilley
The Emerging Church Part 2 by Gary Gilley
The Emerging Church Part 3 by Gary Gilley
The Emerging Church by D. A. Carson
The Dangers and Delights of Postmodernism by D. A. Carson
Pilgrims, Settlers & Wanderers by Michael Horton
"Truth, Contemporary Philosophy and the Postmodern Turn", JETS, March, 2005, 48:1. by J. P. Moreland
"A Generous Orthodoxy" -- Is it Orthodox? by Albert Mohler
What Should We Think of the Emerging Church? Part One - Christian Post column by Albert Mohler
What Should We Think of the Emerging Church? Part Two - Christian Post column by Albert Mohler
"Eros Spirituality vs. Agape Faith" by David Wells
The Dangers of the Emerging Church by Take Back Canada
Lesslie Newbigin, The Gospel in a Pluralist Society, and the 'Emergent Church' movementby Dennis McCallum
Absolutely Not! Exposing the postmodern errors of the emerging church by Phil Johnson, from the 2006 Shepherds' Conference at Grace Community Church
Postmodernism and the Emerging Church Movement by David Kowalski
Surrender is not an Option: An Evaluation of Emergent Epistemology by David Kowalski
Articles by various authors posted on monergism.com
Some Observations on A New Kind of Christian by Thomas Howe
Some Observations on A Generous Orthodoxy by Thomas Howe
Emerging Confusion by Charles Colson
Experiencing Emergent by Shane Rosenthal
A Review of The Secret Message of Jesus by Gary Gilley
Leadership Network Launched the Emerging Church by editors at Lighthouse Trails. (Also see [3])
Brian McLaren and the Emerging Church by Ken Silva
Brian McLaren and Evangelical Panentheism by Ken Silva
Series of Audio Messages in The Masters Seminary Journal by various professors at the seminary.
"Joy in the Supremacy of Christ in a Postmodern World" by John Piper.
"Seeking the Face of God" by David Wilkerson

2007年10月27日土曜日


Derek Jarman (January 31, 1942February 19, 1994) was an English film director, stage designer, artist, and writer.

Life
Jarman's first films were experimental super 8 mm shorts, a form he never entirely abandoned, and later developed further (in his films Imagining October (1984), The Angelic Conversation (1985), The Last of England (1987) and The Garden (1990)) as a parallel to his narrative work.
Jarman first became known as a stage designer getting a break into the film industry as production designer for Ken Russell's The Devils (1970), and later made his debut in "overground" narrative filmmaking with the groundbreaking Sebastiane (1976), arguably the first British film to feature positive images of gay sexuality, and the first film entirely in Latin.
He followed this with the film many regard as his first masterpiece, Jubilee (shot 1977, released 1978), in which Queen Elizabeth I of England is transported forward in time to a desolate and brutal wasteland ruled by her twentieth century namesake. Jubilee was arguably the first UK punk movie, and among its cast featured punk groups and figures such as Wayne County of Wayne County & the Electric Chairs, Jordan, Toyah Willcox, and Adam and the Ants.
After making the unconventional Shakespeare adaptation The Tempest in 1979 (a film praised by several Shakespeare scholars, but dismissed by some traditionalist critics), Jarman spent seven years making experimental super 8 mm films and attempting to raise money for Caravaggio (he later claimed to have rewritten the script seventeen times during this period). Finally released in 1986, the film attracted a comparatively wide audience (and is still, barring the cult hit Jubilee, probably his most widely-known work), partly due to the involvement, for the first time, of the British television company Channel 4 in funding and distribution. This marked the beginning of a new phase in Jarman's filmmaking career: from now on all his films would be partly funded by television companies, often receiving their most prominent exhibition in TV screenings. Caravaggio also saw Jarman work with actress Tilda Swinton for the first time.
The conclusion of Caravaggio also marked the beginning of a temporary abandonment of traditional narrative in Jarman's work. Frustrated by the formality of 35 mm film production, and the institutional dependence and resultant prolonged inactivity associated with it (which had already cost him seven years with Caravaggio, as well as derailing several long-term projects), Jarman returned to and expanded the super 8 mm-based form he had previously worked in on Imagining October and The Angelic Conversation.
The first film to result from this new semi-narrative phase, The Last of England told the death of a country, ravaged by its own internal decay and Thatcher's economic restructuring. "Wrenchingly beautiful…the film is one of the few commanding works of personal cinema in the late 80's -- a call to open our eyes to a world violated by greed and repression, to see what irrevocable damage has been wrought on city, countryside and soul, how our skies, our bodies, have turned poisonous," wrote The Village Voice. During the 1980s Jarman was still one of the few openly gay public figures in Britain and so was a leading campaigner against "anti-gay" legislation and to raise awareness of AIDS.
During the making of The Garden, Jarman became seriously ill. Although he recovered sufficiently to complete the film, he never attempted anything on a comparable scale afterwards, returning to a more pared-down form for his concluding narrative films, Edward II (perhaps his most politically outspoken work, informed by his Queer activism) and the Brechtian Wittgenstein, a delicate tragicomedy based on the life of the eponymous philosopher. It was a later complaint of Jarman's that with the disappearance of the Independent Film sector it had become impossible for him to get finance. Jarman made a side income by directing music videos for various artists including Marianne Faithfull, The Smiths and the Pet Shop Boys.
At the time when he made the film Blue, he was blind and dying of AIDS-related complications. Blue consists of a single shot of saturated blue colour filling the screen, as background to a soundtrack composed by Simon Fisher Turner featuring original music by Coil and other artists, where Jarman describes his life and vision. When it was shown on British television, Channel Four carried the image whilst the soundtrack was broadcast simultaneously on BBC Radio 3, a collaborative project unique for its time.
His final testament as a film-maker was the film "Glitterbug" made for the Arena slot on BBC2, and broadcast shortly after Jarman's death. Compiled and edited from many hours of super 8 footage shot with friends and companions throughout his career it is a moving collage of memories, people and moments lost in time, accompanied by a specially commissioned soundtrack from Brian Eno.

Films
Jarman's work broke new ground in creating and expanding the fledgling form of 'the pop video' in England, and as a forthright and prominent gay rights activist. Several volumes of his diaries have been published.
Jarman also directed the 1989 tour by the UK duo Pet Shop Boys. By pop concert standards this was a highly theatrical event with costume and specially shot films accompanying the individual songs.
He is also remembered for his famous shingle cottage-garden, created in the latter years of his life, in the shadow of the Dungeness power station. The house was built in tarred timber. Raised wooden text on the side of the cottage is the first stanza and the last five lines of the last stanza of John Donne's poem, The Sun Rising. The cottage's beach garden was made using local materials and has been the subject of several books. At this time, Jarman also began painting again (see the book: Evil Queen: The Last Paintings, 1994).
Jarman was the author of four books: Dancing Ledge, The Last of England, Modern Nature, and At Your Own Risk.

Derek Jarman Other works

Filmography

Sebastiane (1976)
Jubilee (1977)
The Tempest (1979)
The Angelic Conversation (1985)
Caravaggio (1986)
The Last of England (1988)
War Requiem (1989)
The Garden (1990)
Edward II (1991)
Wittgenstein (1993)
Blue (1993) Derek Jarman Feature Films
Jarman's early Super-8 mm work has been included on some of the DVD releases of his films.

Electric Fairy (1971, nonextant)
Studio Bankside (1971)
Garden of Luxor (aka Burning the Pyramids, 1972)
Miss Gaby (1972)
A Journey to Avebury (1971)
Andrew Logan Kisses the Glitterati (1972)
Tarot (aka Magician, 1972)
Art of Mirrors (aka Sulphur, 1973)
Stolen Apples for Karen Blixen (1973)
Miss World (1973)
The Devils at the Elgin (aka Reworking the Devils, 1974)
Fire Island (1974)
Duggie Fields (1974)
Ula's Fete (aka Ula's Chandelier, 1975)
Picnic at Ray's (1975)
Sebastiane Wrap (1975)
Sloane Square: A Room of One's Own (1976)
Gerald's Film (1976)
Art and the Pose (1976)
Houston Texas (1976)
Jordan's Dance (1977)
Every Woman for Herself and All for Art (1977)
The Pantheon (1978)
In the Shadow of the Sun (1980) (this compilation of Jarman's Super-8 shorts from 1974-1980 effectively serves as an extended music video for eponymous piece by Throbbing Gristle)
T.G.: Psychic Rally in Heaven (1981)
Jordan's Wedding (1981)
Pirate Tape (W.S. Burroughs Film) (1982)
Waiting for Waiting for Godot (1982)
Pontormo and Punks at Santa Croce (1982)
B2 Tape/Film (1983)
Catalan (1984)
Imagining October (1984)
Aria (1987)

  • segment: Depuis le Jour
    L'Ispirazione (1988)
    Glitterbug (1994) (one-hour compilation film of various Super-8 shorts with music by Brian Eno)

2007年10月26日金曜日


Estoppel is a legal doctrine recognised both at common law and in equity in various forms. It is meant to complement the requirement of consideration in contract law. In general it protects a party who would suffer detriment if:
Unconscionability by the defendant has been accepted as another element by courts, in an attempt to unify the many individual rules of estoppel.
Estoppel is generally only a defense that prevents a representor from enforcing legal rights, or from relying on a set of facts that would give rise to enforceable rights (e.g. words said or actions performed) if that enforcement or reliance would be unfair to the representee. Because its effect is to defeat generally enforceable legal rights, the scope of the remedy is often limited. Note, however, that proprietary estoppel (applicable in English land law) can be both a sword and a shield and the scope of its remedy is wide.
For an example of estoppel, consider the case of a debtor and a creditor. The creditor might unofficially inform the debtor that the debt has been forgiven. Even if the original contract was not terminated, the creditor may be estopped from collecting the debt if he changes his mind later. It would be unfair to allow the creditor to change his mind in light of the unofficial agreement he made with the debtor beforehand. In the same way, a landlord might inform a tenant that rent has been reduced, for example, if there is construction or a lapse in utility services. If the tenant relies on this advice, the landlord could be estopped from collecting rent retroactively.
Estoppel is closely related to the doctrines of waiver, variation, and election and is applied in many areas of law, including insurance, banking, employment, international trade, etc. In English law, the concept of legitimate expectation in the realm of administrative law and judicial review is estoppel's counterpart in public law, although subtle but important differences exist.
This term appears to come from the French estoupail or a variation, which meant "stopper plug", referring to placing a halt on the imbalance of the situation. The term is related to the verb "estop" which comes from the Old French term estopper, meaning "stop up, impede". Note the similarity between the English terms "estop" and "stop".
See venire contra factum proprium in legal systems based on civil law.

The defendant has done or said something to induce an expectation
The plaintiff relied (reasonably) on the expectation...
..and would suffer detriment if that expectation were false. Overview
The main species of estoppel under English, Australian, and American laws are:
Although some authorities regard reliance-based estoppels as mere rules of evidence, they are in reality rules of substantive law.

Estoppel by record This frequently arises as issue/cause of action estoppel or judicial estoppel where the orders or judgments made in previous legal proceedings prevent the parties from relitigating the same issues or causes of action,
Estoppel by deed Where rules of evidence (often regarded as technical or formal estoppels) prevent a litigant from denying the truth of what was said or done, and
Reliance-based estoppels These are the most important forms. Under English law, this class includes estoppel by representation of fact, promissory estoppel and proprietary estoppel (see Halsbury's Laws of England, Vol 16(2), 2003).

  • Estoppel by representation of fact is known as equitable estoppel in American law.
    Equitable estoppel as understood in English law, includes:

    • promissory estoppel,
      proprietary estoppel,
      Laches is estoppel by delay. Laches has been considered both a reliance-based estoppel, and a sui generis type of estoppel. Reliance-based estoppels
      In English law, estoppel by representation of fact is a term coined by Spencer Bower. This species of estoppel is also referred to as "common law estoppel by representation" in Halsbury's Laws of England, vol 16(2), 2003 reissue.
      In The Law relating to Estoppel by Representation, 4th edition, 2004 at para I.2.2, Spencer Bower defines estoppel by representation of fact as follows:
      Where one person ('the representor') has made a representation of fact to another person ('the representee') in words or by acts or conduct, or (being under a duty to the representee to speak or act) by silence or inaction, with the intention (actual or presumptive) and with the result of inducing the representee on the faith of such representation to alter his position to his detriment, the representor, in any litigation which may afterwards take place between him and the representee, is estopped, as against the representee, from making, or attempting to establish by evidence, any averment substantially at variance with his former representation, if the representee at the proper time, and in proper manner, objects thereto.
      A second definition can be found at Wilken and Villiers, The Law of Waiver, Variation and Estoppel, 2nd ed, Oxford: 2003, at para 9.02:
      An estoppel by representation [of fact] will arise between A and B if the following elements are made out. First, A makes a false representation of fact to B or to a group of which B was a member. [It is not necessary to demonstrate A knew that the representation was untrue.] Second, in making the representation, A intended or [in the alternatively,] knew that it was likely to be acted upon. Third, B, believing the representation, acts to its detriment in reliance on the representation. [It must have been reasonable to rely on the representation.] Fourth, A subsequently seeks to deny the truth of the representation. Fifth, no defence to the estoppel can be raised by A.
      A representation can be made by words or conduct. Although the representation must be clear and unambiguous, a representation can be inferred from silence where there is a duty to speak or from negligence where a duty of care has arisen. Under English law, estoppel by representation of fact usually acts as a defence, though it may act in support of a cause of action or counterclaim.
      Although there is some debate as to whether "unconscionability" is an element that English courts need to take into account when considering estoppel by representation of fact, the Australian courts clearly do (see Wilken and Villiers, para 9-03; The Commonwealth v Verwayen (1990) 170 CLR 394 at 444 per Deane J.)

      Estoppel by representation of fact
      As noted above, although both English and Australian laws treat promissory and proprietary estoppels as species of equitable estoppel, the status of estoppel by representation of fact is less clear in Australia. The decisions of Waltons Stores (Interstate) v Maher (1988) 164 CLR 387 and Commonwealth v Verwayen (1990) 170 CLR 394, both purport to fuse common law and equitable estoppels into a single unified doctrine, but the New South Wales Court of Appeal in Bryon Shire Council v Vaughan [2002] NSWCA 158 continues to treat estoppel by representation at common law as distinct from equitable estoppel. (See Meagher, Gummow & Lehane's Equity: Doctrines & Remedies, 4th edition, Butterworth: 2002, Chapter 17 and Pakinson, The Principles of Equity, 2nd edition, LBC: 2003, Chapter 7). This can be significant in deciding which court has jurisdiction to adjudicate on the issue.
      The American doctrine of equitable estoppel is the same as the English estoppel by representation of fact:
      The most comprehensive definition of equitable estoppel or estoppel in pais is that it is the principle by which a party who knows or should know the truth is absolutely precluded, both at law and in equity, from denying, or asserting the contrary of, any material fact which, by his words or conduct, affirmative or negative, intentionally or through culpable negligence, he has induced another, who was excusably ignorant of the true facts and who had a right to rely upon such words or conduct, to believe and act upon them thereby, as a consequence reasonably to be anticipated, changing his position in such a way that he would suffer injury if such denial or contrary assertion was allowed. 28 Am Jur 2d Estoppel and Waiver § 28

      Equitable estoppel
      The traditional version of proprietary estoppel arises in relation to rights to use the land of the owner, and may even be effective in connection with disputed transfers of ownership. So if:
      an estoppel may arise. Thus, in Dillwyn v Llwellyn (1862) 4 De G.F.& J. 517 C.A. a father promised a house to his son who took possession and spent a large sum of money improving the property. The father never actually transferred the house to the son. When his father died, the son claimed to be the equitable owner and the court ordered the testamentary trustees to convey the land to him. See also Inwards v Baker [1965] 2 Q.B. 29, C.A.
      In Wilmott v Barber (1880) 15 Ch D 96, Fry J considered that five elements had to be established before proprietary estoppel could operate:
      Although proprietary estoppel was only traditionally available in disputes affecting title to real property, it has now gained limited acceptance in other areas of law. Proprietary estoppel is closely related to the doctrine of constructive trust.
      The term "proprietary estoppel" is not used in American law, but is part and parcel of the general doctrine of promissory estoppel. In English law, proprietary estoppel is distinct from promissory estoppel.

      one party represents that he or she is transferring an interest in land to another, but what is done has no legal effect, or
      merely promises at some time in the future to transfer land or an interest in land to another, and
      knows that the other party will spend money or otherwise act to his or her detriment in reliance on the supposed or promised transfer,
      the plaintiff must have made a mistake as to his legal rights;
      the plaintiff must have done some act of reliance;
      the defendant, the possessor of a legal right, must know of the existence of his own right which is inconsistent with the right claimed by the plaintiff;
      the defendant must know of the plaintiff's mistaken belief; and
      the defendant must have encouraged the plaintiff in his act of reliance. Proprietary estoppel
      The doctrine of promissory estoppel prevents one party from withdrawing a promise made to a second party if the latter has reasonably relied on that promise and acted upon it.

      Promissory estoppel

      Main article: Estoppel (English law) English law
      The doctrine of promissory estoppel was adopted into Australian law in Legione v. Hateley (1983) 152 CLR 406; however, the plaintiffs were unsuccessful in that case because the reliance was unreasonable and the promise not unequivocal.
      In fact, now Australian law has gone beyond the position espoused in the High Trees case; it has been extended successfully to cases where there is no pre-existing legal relationship between the two parties, and promissory estoppel can be wielded as a "sword", not just as a "shield". Mason CJ and Wilson J in Waltons Stores (Interstate) Ltd v. Maher (1988) 164 CLR 387 held that if estoppel is proven, it gives rise to an equity in favour of the plaintiff, and the court will do the minimum equity that is just in the circumstances. From this case, it is also possible for the promise to come from silence or inaction.
      As noted above, in Australian law, there is an element of unconscionability, which is satisfied if one party encourages the other party to create assumptions that lead to reliance.
      Today, the principle of estoppel may give birth to an enforceable obligation even without a consideration under the following conditions: 1. promise 2. dishonest behavior of the promittant 3. special relationship between the promittant and the beneficior (eg: duty of information) 4. irreversible changement of the situation of the beneficior of the promise

      Australian law
      In the many jurisdictions of the United States, promissory estoppel is generally an alternative to consideration as a basis for enforcing a promise. It is also sometimes referred to as detrimental reliance.
      The American Law Institute in 1932 included the principle of estoppel into § 90 of the Restatement of Contracts, stating:
      A promise which the promisor should reasonably expect to induce action or forbearance of a definite and substantial character on the part of the promisee and which does induce such action or forbearance is binding if injustice can be avoided only by enforcement of the promise. Restatement (Second) removed the requirement that the detriment be "substantial".
      The distinction between promissory estoppel and equitable estoppel should be noted:
      Equitable estoppel is distinct from promissory estoppel. Promissory estoppel involves a clear and definite promise, while equitable estoppel involves only representations and inducements. The representations at issue in promissory estoppel go to future intent, while equitable estoppel involves statement of past or present fact. It is also said that equitable estoppel lies in tort, while promissory estoppel lies in contract. The major distinction between equitable estoppel and promissory estoppel is that the former is available only as a defense, while promissory estoppel can be used as the basis of a cause of action for damages. 28 Am Jur 2d Estoppel and Waiver § 35
      Suppose that B goes to a store and sees a sign that the price of a radio is $10. B tells the shopkeeper that he will get the money and come back later that day to purchase it; there is no discussion of price. The shopkeeper says that when B returns, he will be happy to deal with B as he deals with all his customers but that, if he sells all the radios (he has three), he will not be able to help B. Hearing this, B goes and sells his watch for $10 (it was really worth $15, but since B wanted the money right away, he chose not to wait for the best price). When B returns, the sign says $11, and the owner tells B that he has raised the price. In Equity, can you argue that the shopkeeper is estopped by conduct? B relied upon the implied representation that a radio would be sold for $10 when he returned with the money; B has sold his watch at a price lower than the market price, and thus he has acted to his detriment. (Note that if B's watch was worth $10, and he received a fair price, there would be no detriment.) But the problem is that the shopkeeper did not guarantee to hold one of the radios against the possibility of B's return nor did they agree a fixed price. The shopkeeper's conscience might have been affected if he had known that B was going home to collect the money and would definitely return to buy one of the three radios. Indeed, in some common law jurisdictions, a promise by the shopkeeper to hold a specific radio would create a binding contract, even if B had to go for the money. A promise to pay the owner in the future is good consideration if it is made in exchange for a promise to sell a specific radio (one from three is probably sufficiently specific): one promise in exchange for a second promise creates equal value. So the shopkeeper's actual words and knowledge are critical to deciding whether either a contract or an estoppel arises.
      For an example of promissory estoppel in the construction industry, suppose that B Ltd consolidates estimates from a number of subcontractors and quotes a single price on a competitive tender. The client accepts B Ltd's quote and construction begins. But one of the subcontractors then claims reimbursement above its original estimate and, because of this change, B Ltd cannot profit from the works. If both parties knew that the accuracy of the individual estimates was critical to the success of the tender and the profitability of the contract as a whole, a court might apply promissory estoppel and allow B Ltd to pay only what the subcontractor originally estimated rather than the new, higher price. But, if both parties hoped that there would be an opportunity to increase the contract prices to reflect additional expenditure, the subcontractor's conscience would not be as limited in seeking a higher payment and B Ltd might be penalised for not building an adequate contingency sum into the tendered price.
      One contentious point during the drafting of the Restatement was how to calculate the amount of damages flowing from a promissory estoppel. During the deliberations, the following example was considered: a young man's uncle promises to give him $1,000 to buy a car. The young man buys a car for $500, but the uncle refuses to pay any money. One view was that the young man should be entitled to $1,000 (the amount promised), but many believed that the young man should only be entitled to $500 (the amount he actually lost). The language eventually adopted for the Second Restatement reads: "The remedy granted for breach may be limited as justice requires." — a formula which leaves quantification to the discretion of the court.

      American law

      Other estoppels
      Estoppel in pais (literally "by act of notoriety", or "solemn formal act") is the historical root of common law estoppel by representation and equitable estoppel. The terms Estoppel in pais and equitable estoppel are used interchangeably in American law.

      Estoppel Estoppel in pais
      Estoppel by convention in English law (also known as estoppel by agreement) occurs where two parties negotiate or operate a contract but make a mistake. If they share an assumption, belief or understanding of how the contract will be interpreted or what the legal effect will be, they are bound by that belief, assumption or understanding if:
      Some say that that estoppel by convention is not truly an estoppel in its own right, but merely an instance of reliance-based estoppel (estoppel by representation would be its most frequent form). Others see it as no more than an application of the rule of interpretation that, where words in a contract are ambiguous, you always interpret those words so as to give effect to the actual intentions of the parties even though that would not be the usual legal outcome.

      (i) they both knew the other had the same belief, and
      (ii) they both based their subsequent dealings on those beliefs. Estoppel by convention
      Estoppel by acquiescence may arise when one person gives a legal warning to another based on some clearly asserted facts or legal principle, and the other does not respond within "a reasonable period of time". By acquiescing, the other person is generally considered to have lost the legal right to assert the contrary.
      As an example, suppose that Jill has been storing her car on Jack's land with no contract between them. Jack sends a registered letter to Jill's legal address, stating: "I am no longer willing to allow your car to stay here for free. Please come get your car, or make arrangements to pay me rent for storing it. If you do not do so, within 30 days, I will consider the car abandoned and will claim ownership of it. If you need more time to make arrangements, please contact me within 30 days, and we can work something out." If Jill does not respond, she may be said to have relinquished her ownership of the car, and estoppel by acquiescence may prevent any court from invalidating Jack's actions of registering the car in his name and using it as his own.

      Estoppel by acquiescence
      Estoppel by deed is a rule of evidence arising from the status of a contract signed under seal — such agreements, called deeds, are more strictly enforced than ordinary contracts and the parties are expected to take greater care to verify the contents before signing them. Hence, once signed, all statements of fact (usually found in the opening recital which sets out the reason(s) for making the deed) are conclusive evidence against the parties who are estopped from asserting otherwise.

      Issue estoppel

      Judicial estoppel
      Assignor estoppel
      Collateral estoppel (USA)
      Prosecution history estoppel also known as file-wrapper estoppel (USA)
      De facto corporation and corporation by estoppel (USA)
      Estoppel by deed (USA)
      Acquiescence and Estoppel by acquiescence
      Punishment and Proportionality: The Estoppel Approach, by Stephan Kinsella, a rights theory based on the concept of estoppel