Articles tagged as Common Law
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“Common Good and Common Belief in the Common Law” — Timon Cline
Analyzing past Supreme Court decisions on religion and public health, Timon Cline argues that the best judges consider public opinion as they attempt to rule in favor of the common good. Some excerpts: “The simple conclusion to be drawn from Locke, Viemeister, and Cole is that cognizance of the common good is a matter of prudential governance and that […] -
“A Common Law Restoration Serves the Common Good” — Josh Hammer at Anchoring Truths and Law & Liberty
In a symposium in collaboration with Law & Liberty, Josh Hammer responds to Holden Tanner, arguing that conservative judges should look to the Preamble for natural law principles, rather than relying on the unmoored authority of human reason. Such a strategy would better promote common-good originalism in a post-Christian age. Some excerpts: Edmund Burke on […] -
“How to Recover Conservative Judging” — Holden Tanner at Anchoring Truths and Law & Liberty
Holden Tanner argues for a new method of fighting legal realism: Encourage state courts to pursue originalism and to develop their common law traditions from principles of natural law. Some excerpts: “By brandishing the centrality of text, conservative jurists sought to constrict the aggrandizement of the New Deal Court and weed out the inventions of […] -
“Are Intellectual Property Rights Moral?” – Gunnar Gundersen in Starting Points Journal
In the digital age, intellectual property – from proprietary algorithms to music – may be just as valuable as real estate and factories. In a piece for Starting Points Journal entitled, “Are Intellectual Property Rights Moral?,” JWI Affiliated Scholar and intellectual property attorney Gunnar Gundersen examines the moral grounds and judicial precedents concerning property rights, with […]