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Search Results for: law – Page 3

The Many Harms of Gender Identity Laws: A Mother of a Trans-Identifying Teen Speaks Out

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All people should be protected from harassment and harm, no matter how they identify. But we as a society must be allowed to reasonably act on the basis of sex when medical treatment, privacy, and safety are at stake. If “gender identity” becomes a protected class, women and children are the ones who will suffer most.

Canon Law Should Be Changed to Make Catholic Bishops Accountable

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The Catholic Church in the United States has been rocked by revelations that multiple bishops actively covered up sexual abuse cases. The time has come to take responsibility away from Church tribunals and diocesan bishops, even if that means changing canon law to create mandatory compliance mechanisms like those developed and enforced by for-profit corporations.

Politics & Law: The Way of Public Discourse

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For ten years, Public Discourse has drawn on the insights of academics and scholars, political and legal advocates, and men and women of letters to offer the reading public thought-provoking reflections on the timeliest issues and the most timeless dilemmas of our public life.
Public Discourse

Thank You – Politics & Law

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Common Grace, Natural Law, and the Social Order

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Abraham Kuyper’s teachings help us to rightly value the created order. They also help us understand the ways in which the “common grace” of God preserves the social order through the state, the family, and the dignity of individual work.

Supreme Court Justice Neil Gorsuch: A Natural Law Originalist

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We might call Neil Gorsuch a natural law originalist: a jurist who believes that the content, motivation, form, and impact of the Constitution that he’s called upon to uphold and of the laws he must fairly interpret are—for the most part—sound expressions of the account of human good and human dignity to which he subscribes.

The Trump Administration Must Keep Abortion Out of Humanitarian Law and Policy

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The Trump administration must continue to push the United Nations to respect U.S. sovereign prerogatives not to support abortion in humanitarian efforts. It must not give abortion groups a pass to continue to implement their covert strategy to establish an international right to abortion.

Physician-Assisted Suicide and Personal Action: Responding to the Law

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We can’t afford to live without physicians who are devoted to always healing and caring, and never harming. Requesting physician-assisted suicide, like legalizing it, erodes that devotion. A refusal to ask, even on the part of those not committed to the inviolability of human life, helps sustain that devotion.

An Open Letter to Mr. George Clooney on Hate and the Southern Poverty Law Center

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Please use your influence as a major donor to persuade the Southern Policy Law Center to amend its embittering and unproductive campaigns to label any political or social issue opponent as a hate group. Although controversial, organizations that fight to protect the unborn and strengthen families are not motivated by hate. Vilifying them only worsens our toxic and polarized political climate.

Law, Liberalism, and Luther: Beyond the Myths

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Contrary to the popular, tidy narrative repeated by Robert Reilly and others, neither Luther nor his colleagues and heirs “abandoned” natural law. Nor did they recast it in a voluntarist mold. They embraced and defended it along entirely traditional lines.

Alexander Hamilton: Revolutionary Conservative Lawyer

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A new book illustrates how Alexander Hamilton used British legal traditions and the American judiciary to give a distinctive constitutional form to a new republic.
philosophy, natural law

Practical Reason, Basic Goods, and Natural Law

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Reason operating without error judges that no human being should ever intend the death of another human being for any reason whatsoever. No achievable good can justify such a choice. And that is the foundation for the case against the death penalty.

The Fourteenth Amendment and Masterpiece Cakeshop: Equal Citizenship, our Inclusive Republic, and Anglo-American Common Law

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The government cannot impose creedal and exclusionary limits on occupational freedom by compelling particular citizens to provide goods and services contrary to their beliefs, unless those citizens have such a monopoly market power as to exclude other citizens from the market.

Capital Punishment, Catholicism, and Natural Law: A Reply to Christopher Tollefsen

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Aquinas taught the principle that a punishment ought to be proportionate to the offense, where death is a proportionate punishment for the gravest crimes.

The Impoverishment of Law and the Loss of Ordered Liberty

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In their new book, Ryan T. Anderson and Sherif Girgis make a strong case for pluralism and ordered liberty, while John Corvino drafts a blueprint for a comprehensive despotism that would consume the preconditions and legal safeguards for ordered liberty. Part two of a two-part review essay.

Sexually Violent Predator Laws and Indefinite Confinement: Insights from C.S. Lewis

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Sexually violent predator laws permit the indefinite confinement of persons who have already served a sentence for their crime. They are a perfect example of what C.S. Lewis called the humanitarian theory of punishment, replacing punishment and desert with treatment and therapy.

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.

The Constitutional Position and Powers of the Presidency: Executing Laws and Interpreting the Constitution

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The framers deliberately gave the president independence, unity, and vast powers. This is only a problem if the office is badly filled.

Shakespeare’s Measure for Measure and “The Very Mercy of the Law”

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Both principle and prudence are necessary if “the very mercy of the law” is to be achieved.

Ten Years of International Sexual Orientation and Gender Identity Laws: Lessons Learned

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When the state insists on governing us only in terms of who we think we are, surely the proper interpretation of such an insistence is that the state has reneged on the very reason for its existence: to govern us-as-us; to govern us as male and female.

To Win Back What We’ve Lost: How Defenders of Religious Freedom Are Fighting to Reclaim International Law

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Despite conceding crucial legal and political ground for decades to organizations such as Planned Parenthood, opportunities abound for defenders of religious freedom to gain that ground back.

Ruler and Guide: What John Marshall Can Teach Neil Gorsuch about the Constitution and the Natural Law

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Let us hope that, in his answers and in his future jurisprudence, Neil Gorsuch looks to the example of the Great Chief Justice and sees the Constitution as ruler, the natural law as guide.

Neil Gorsuch, Natural Law, and the Limits of Judicial Power

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What does natural law say about the power of judges in constitutional systems of government?

Natural Law, Social Justice, and the Crisis of Liberty in the West

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A reflection on our nature as “dependent, rational animals.”
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