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Search Results for: natural law – Page 3

Public Discourse

The Financial Crisis and the Challenge of Natural Law

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Is the current financial crisis simply a technical failure, or does it derive from some more basic problem? Economists may need to begin addressing fundamental questions concerned with value, and for that, they may turn to the natural law tradition.
Public Discourse

Natural Law and Economics: Total Strangers or Separated Lovers?

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A recent conference at Princeton University asked whether in the midst of current economic challenges natural law philosophy might not provide a better foundation for the practice of economics than the utilitarian account of value that currently underwrites it.

Making Sense of the Founders: Politics, Natural Rights, and the Laws of Nature

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It is often alleged that the American founders lacked a unified and coherent political theory. To the contrary, a recent book by Thomas West shows that the founders broadly agreed on a philosophy of natural rights, calling for both the protection of liberty and the promotion of virtue.

(Natural) Law Matters

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A new book demonstrates both the promise and the limitations of natural law by examining the great European-civilian and Anglo-American legal traditions in which it plays a foundational role.
Plato statue

The Gorgias, Lawyers, and the Problem of Rhetoric 

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No matter how one answers the problem, wrestling with the Gorgias is inevitable for the lawyer concerned with justice. Either we answer Plato adequately, or we cannot be lawyers.  
Amy Coney Barrett

Listening to the Law 

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Questions about how to interpret our Constitution, the reader can conclude, ought to be approached from within the broader enterprise of understanding how to inherit it. The inheritance-based understanding of American constitutionalism that Barrett transmits through this book is itself worthy of being handed on with interest and appreciation.  

A Catholic Defense of Enforcing Immigration Laws

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While progressive Catholics conclude that Vice President Vance and other Catholic defenders of administration policy are flatly at odds with Church teaching on immigration, I will argue that that is not the case. Indeed, it is clear that Vance is not only well within those boundaries, but is in fact on much stronger ground than those who advocate a virtually “open borders” position in the name of Catholicism.
Photo of Declaration of Independence with flag

Recovering the American Proposition with Peter Augustine Lawler

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Built Better Than They Knew Studies endeavors to show that our practice of self-government rises above simplistic ideological reductions and achieves political equilibrium. From its beginnings, our country has been a blend of ideas, practices, and understandings of what it means to be a free and flourishing human person within community, local and national. That means that our theory must be sufficiently aware of a political practice that involves contrasting accounts of how Americans choose to be constitutional.

Neither a Flatterer nor a Lockean Be: Peter Augustine Lawler as a Catholic Political Philosopher

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Peter Augustine Lawler was a rich, dialectical, and irenic thinker who strove to prevent fruitful tensions from transforming into dangerously implacable oppositions. His wisdom was attuned to the needs of the late modern age. It has been nearly five years since his unexpected death at the age of sixty-five, and his wisdom remains just as needed now as it’s ever been.
peter augustine lawler

Commemorating Peter Augustine Lawler Five Years Later

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Genuine postmodernism—a real reflection on the failure of the modern project—would be a recovery of the idea that the lives of free and rational beings are really directed by purposes given us by nature and God.
Photo of pregnant woman

Abortion Laws across the Globe and at Home

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Given the ongoing evolution of abortion law in the United States, it makes sense to engage and evaluate the constitutions and laws of other jurisdictions. Although these sources and materials do not determine the meaning of our Constitution, they can illuminate our scientific, medical, and ethical debates. A particularly valuable resource, which explores abortion jurisprudence across a variety of legal contexts, is Unborn Human Life and Fundamental Rights: Leading Constitutional Cases under Scrutiny, edited by William L. Saunders and Pilar Zambrano.
Dome of the United States Capitol

Fictions and Lies in a Lawless Age

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The law must stand above the powerful, and we should worry when the law is suspended or disregarded. But where is the law to be found? Most of the law consists of important fictions which live in the minds of lawyers. But what makes the fiction plausible? And how is the law’s benefit to be assessed unless we measure it against fixed, non-conventional, non-fictional standards of justice?
Gavel on top of books

What Confucius’s Li Can Teach the West about Law

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One cannot simply coerce social change by commanding substantive ends in positive law. Rather, human law can facilitate social change by rewarding or punishing certain actions and thereby also communicating the value of that action. Law does not so much dictate values as habituate them by encouraging their practice.
Suburban neighborhood

The Universal Destination of Goods and Private Property: Is the Right to Private Property a “Second-Tier” Natural Right?

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Catholic tradition has never considered the relationship between the principle of universal destination of goods and the right to private property as one between a “primary” and a “secondary” right. The former does not formulate a right at all, but only a fundamental principle from which the right to private property receives its ultimate justification.

Common Law and the Law of Reason

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Like cousins who resemble one another, common law and natural law are sometimes confused. There is in fact a deep affinity between common law and natural law, but it is better at the outset to describe their differences, and best to do this historically.
Ohio Statehouse

Dobbs Won’t Fix State Courts. To Do That, Pro-Life Lawmakers Must Step Up Now.

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In some states, it’s almost impossible for pro-life governors to appoint originalist judges. That’s why we must pursue state-level judicial reforms before Dobbs is decided. To make the most of this opportunity, most of us need to turn our attention away from DC and toward our state capitols.
Prague city square

Between Man and Man: Friendship, Law, and the Common Good

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Openness to love is the only satisfying defense against the supposed conflict between private happiness and the common good, the only thing that can convert the common good from an abstraction to a lived reality. The most important element of the common good, therefore, is that all of the members of the community regard themselves, somehow, as friends.
Legal scales

Rights, Natural and Legal: A Response to Nigel Biggar’s What’s Wrong with Rights?

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Natural and legal rights are not like individuals of the same species, but analogous ways of identifying what justice demands. Natural rights provide a standard by which legal rights are to be understood and corrected; but legal rights are the means by which natural rights are to be secured and realized in a polity.
Pregnant

Democratic Lawmaking and the Creation of International Abortion Rights

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A new book exposes judicial activism and the manipulation of legislative processes to illegitimately create abortion rights in eleven Western democracies.

Above the Law: The Data Are In on Police, Killing, and Race

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Police killing is not the work of vigilant warriors defending society at great personal cost, and sometimes going too far. It is the day-in, day-out petty tyranny of a taxpayer-funded bureaucratic lobby group. The difference is that, unlike other public sector unions, police unions have military-grade equipment they can use to violently crush protests against their abuses, and they are legally immune from most consequences. They’re teachers’ unions, but with tanks and endless get-out-of-jail-free cards.
Jail

Fitting the Punishment to the Crime: The Justice of Contemporary Criminal Sentencing Laws

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Were the criminal sentencing reforms that began in the 1970s too harsh? Rachel Barkow’s new book says they were. But most Americans would likely call these changes progress: our worst offenders now get something closer to what they should get than in the days when the experts were more in charge of punishment. Perhaps the real question is whether we should ground our criminal law more on justice as retribution.
suicide, depression, assistance

Assisted Suicide: The Ethics, the Laws, and the Dangers

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The people most harmed by this agenda are seriously ill people hearing from society and physicians that death by overdose will end their problems; other patients suffering from a reduced commitment to care; people with disabilities who are next in line to be seen as a “burden” on others; and lonely and depressed people of any age, seduced by the message that suicide is a positive solution. Adapted from a lecture delivered in June 2019 at the Vita Institute, an educational program for pro-life leaders sponsored by the University of Notre Dame's de Nicola Center for Ethics and Culture.

The Kansas Supreme Court Has Declared a “Natural Right” to Abortion

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In the wake of last month’s decision, the only remedy left to the people of Kansas is to pass a constitutional amendment to declare that there is no “fundamental right to abortion” in the state’s constitution and to allow the legislature to make reasonable laws about abortion.

A Natural Philosopher’s Lament

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The divide between the “two cultures” of the sciences and the humanities is a well-known problem in education. The discipline that we need in order to unify them is natural philosophy.