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Search Results for: law – Page 5

Public Discourse

Putting to Rest a Bad Argument: Marriage Law and Sex Discrimination

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The Supreme Court closely scrutinizes policies involving racial, sexual, and other “suspect” classifications. But unlike almost every other classification imaginable, marriage laws use a criterion necessarily linked to an inherently good social purpose that we didn’t just invent. This criterion isn’t truly suspect and shouldn’t get heightened scrutiny.
Public Discourse

Judging Beliefs and Shaping Laws: A Reply to Robert Miller

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Legislators and judges not only can but must gauge the moral justification of every law.
Public Discourse

Professor Arkes and the Law

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When the law limits the courts’ power to inquire into the truth or reasonableness of religious views, this is not because the law is assuming that religious beliefs lack rational foundation. Rather, it’s because allowing courts to exercise this power on a large scale would be too dangerous.
Public Discourse

Law and Morality in Public Discourse: How Christians Can Rebuild Our Culture

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It’s in seeking Jesus Christ with all our hearts that culture is built and society is renewed. It’s in prayer, the sacraments, changing diapers, balancing budgets, preaching homilies, loving a spouse, forgiving and seeking forgiveness—all in the spirit of charity—that, brick by brick, we bring about the kingdom of God. Adapted from an address delivered August 6th at the Archdiocese of Toronto’s “Faith in the Public Square” symposium.
Public Discourse

A Caution against Compatibility: On Natural Rights and Natural Law

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While Adam Seagrave offers a provocative and original reading of Locke, his assumptions about the self and ownership are deeply problematic.
Public Discourse

The Intuitive Guide to Religious Liberty Law

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Common sense can tell us whether particular citizens should be exempt from certain government policies for religious reasons. Codifying such instinctive judgments into formal statutes is more difficult.
Public Discourse

What Can a Modern Philosopher Teach Us About Natural Law?

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As a philosopher, Locke was both historically great and uniquely ambivalent. This combination provides extraordinarily fertile ground for uniting modern and pre-modern insights that seem opposed.
Public Discourse

The Evidence for Virtue: Social Science, Natural Law, and Human Flourishing

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Christians have nothing to fear and everything to gain from good social science. It provides a way to talk normatively about human flourishing in terms that are intelligible, legitimate, and persuasive to those outside the community of faith.
Public Discourse

The Reluctant Eudaimonist: The Flaws of “Pragmatic Liberalism”

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Robert Miller’s pragmatic liberalism fails to strike a satisfactory balance between Aristotelian-Thomistic eudaimonism and American liberalism because he does not defend the universality of moral principles.
Public Discourse

The New Article of Faith for Canadian Law Schools: Same-Sex Marriage

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More evidence from Canada of the danger of allowing the endorsement of same-sex marriage to become a prerequisite to participation in public life.
Public Discourse

The “Mystery of Life” Makes Law a Mystery

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Since our culture has embraced Justice Kennedy’s “mystery of life” philosophy, we lack a coherent framework for making laws that don’t just cater to personal preferences.
Public Discourse

Sexual Orientation, Gender Identity, and Employment Law

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The Employment Non-Discrimination Act would equate sexual orientation and gender identity, ambiguous and malleable concepts, with immutable features like race, color, and ethnicity as classes worthy of special legal protection.
Public Discourse

The New York Times, Church-State Law, and Equality

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Prohibiting religious schools from using public facilities would not protect religious freedom; it would encourage further discrimination against religion and religious people.
Public Discourse

Natural Law and the Economy: A Reply to Miller

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Natural law does not demand capitalism, but we can deduce from natural law that some institutions that are key to market economies are normally just, while practices key to socialist arrangements are usually unjust.
Public Discourse

Gosnell, Law, and Modest First Steps

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The Gosnell case shows us that a society’s laws teach, and if they teach a lesson of injustice they will corrupt its people over time. Indeed, contemporary abortion jurisprudence undermines the very notion of natural rights and constitutional government.
Public Discourse

Cats and Dogs and Marriage Laws

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When we define our terms based on the results we want, rather than on the reality of the thing being defined, all hell breaks loose.
Public Discourse

Natural Law Liberalism Beyond Romanticism

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To reject the presence of natural law in documents of the Founding era is to embrace both cynicism and romanticism.
Public Discourse

Natural Law is neither Useless nor Dangerous: A Response to Hart and Potemra

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A recent claim to reject the natural law for its uselessness and false claims to neutrality misunderstands the first-personal perspective of contemporary natural law. The second in a two-part series.
Public Discourse

Understanding Natural Law: A Response to Hart and Potemra

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A recent claim to reject the natural law risks misunderstanding the role of reason and overlooks the difference between practical reasoning and morality. The first in a two-part series.
Public Discourse

Blessed Are Les Misérables: For Theirs Is the True Philosophy of Law

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Hollywood’s new musical masterpiece illustrates a classical legal philosophy, long lost to our liberal establishment, that serves as a golden mean between tyrannical legalism and libertine antinomianism.
Public Discourse

Conscientious Abortions? We Don’t Need New Laws Protecting Abortionists

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A recent argument that abortion providers deserve the same legal protection as pro-life medical providers is philosophically flawed and ignores legal and popular consensus on the evil of abortion.
Public Discourse

Law’s Logic at the End of Life

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To its detriment, Howard Ball’s new book on end-of-life law focuses more on the emotions and biases of the law’s defenders than on law’s history and content.
Public Discourse

“Fantasy Slut League” and Natural Law

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A “Fantasy Slut League” created by high school boys in California suggests the reality of natural law even in those minds whose view of sexuality has been distorted by our culture.
Public Discourse

Saving Natural Law from Itself

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Naïve proponents and skeptics of the natural law often point to the world “out there” as the source of objective truth (or lack thereof), but the truths of the natural law are to be found through the actions of our intellect.
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