fbpx

Author: Adam J. MacLeod (Adam J. MacLeod)

About the Author
Post

Suing for Peace in the Wedding Vendor Wars

Andrew Koppelman surely is correct that a same-sex couple must find it humiliating and embarrassing to be turned away from a wedding vendor. He is also right that the costs of using public law to remedy such indignities are significant, especially for the conscientious owners whose livelihoods are at stake. So, what to do? What we need is an institution that is capable of resolving these fraught disputes on a case-by-case basis. Fortunately, the common law provides such institutions.

Post

Natural Law for a Lawless People

Hobbes’ thin conception of natural law cannot sustain all the activities of a fully flourishing community, but it does appeal to those who live in fear of losing their basic security. Many people are possessed by that fear today, as many were in Hobbes’ time. But we have much to lose if the Hobbesian view of law prevails.

Post

Essences or Intersectionality: Understanding Why We Can’t Understand Each Other

A major source of political division in America is the difference between those who believe in essences and those who follow intersectionality. Those who hold theories of intersectionality believe that human identity and much of reality itself is a construct that they can revise, not an objective reality that we can all know. This limits the possibility of political discourse: we cannot reason together if one side no longer believes in the capacity of reason to discern what is true.

Post

Piracy, Protests, and the Problem of China

America’s relations with China should proceed from the recognition that the Chinese government is lawless. China flouts the rule of law, not occasionally or incidentally but characteristically, because the government understands itself as the source of law and unconstrained by it. The problem of China reminds us of the deeper laws that all nations must respect and that determine whether or not our positive laws are legally just.

Post

A Case of Stolen Jurisprudence in Kansas

Kansas’s Supreme Court randomly festooned its recent decision on abortion with impressive terms, without making the slightest effort to learn the terms’ meanings. The court identifies “common law” with judicial opinions and thus shoehorns innovative judicial decisions into its discussion of “natural rights.”

Subscribe to Public Discourse!