Articles tagged as Morality
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“Once More Unto the Breach” — Hadley Arkes
In a response to Ed Whelan’s critique of “On Overturning Roe,” Prof. Arkes insists that the moral argument against Roe is the only logical one for judges who believe in the deep wrong of abortion. The pro-life cause rests on objective moral truths, not on value judgments, and as a result does not require judges […] -
“Our Divided House: A Review of Charles Kesler’s Crisis of Two Constitutions” — Gerard V. Bradley
Gerard Bradley reviews Kesler’s Crisis of Two Constitutions, which argues for a “reborn American conservatism” with natural law principles and the Constitution at its center. Not only does our constitutional government presuppose a virtuous citizenry, but public virtue will last only if we uphold the morality of our constitution. Some excerpts: “Lincoln is a recurring […] -
“No Free Exercise for Aztecs—or Abortionists” — Jordan Ballor
Jordan Ballor argues that the right to religious liberty is not absolute, and that courts should refuse religious exemptions to those who violate natural law by practicing abortion in the name of religion. Some excerpts: “It is a perennial challenge to identify the proper limits to religious liberty in America and rightly apply these limits. […] -
“Sentimental Judgments” — Garrett Snedeker at Law & Liberty
Garrett Snedeker analyzes proposed reforms to the criminal justice system as presented in Judge Rakoff’s Why the Innocent Plead Guilty and the Guilty Go Free. Rakoff’s arguments against “mass incarceration,” the death penalty, and the treatment of detainees are dismissive enough to alienate rather than convince his opponents. Some excerpts: “The slim 178-page book is […] -
“Judge Pryor’s Friendly Fire” — Hadley Arkes at Law & Liberty
Prof. Arkes defends “A Better Originalism” against Judge William Pryor’s critique, arguing that the work of natural law doesn’t end with the Constitution: judges must continually consult natural law principles as they apply the law to individual circumstances. Some excerpts: “I’ve counted myself a friend of William Pryor since I encountered him years ago as […] -
“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 […] -
The American Regime and Its Moral Ground: Hadley Arkes at Real Clear Public Affairs
In an essay for the 1776 Series at Real Clear Public Affairs, JWI Founder and Director Hadley Arkes discusses the moral axioms that pre-existed the Constitution as understood by President Abraham Lincoln. Prof. Arkes retells Lincoln’s teaching that the Constitution was made for the Union, and not the Union for the Constitution, which shows the […] -
PODCAST: Jesse Merriam and Josh Hammer on “An Even Better Originalism?”
Patrick Henry College Associate Professor Jesse Merriam and JWI affiliated scholar Josh Hammer joined JWI Deputy Director Garrett Snedeker to discuss Professor Merriam’s article, “A Better Legal Conservatism,” published in The American Mind. Prof. Merriam’s article was in response to “A Better Originalism,” co-authored by Prof. Hadley Arkes, Garrett Snedeker, Josh Hammer, and Matthew Peterson. […] -
The Imperative of a Boring Judiciary: Eric Dean Hageman ’16 in Law & Liberty
In an essay as part of our ongoing collaboration with Law & Liberty, Eric Hageman, James Wilson Fellowship Class of ’16, adds his analysis of the current legal and judicial landscape to the current discussion that has been sparked by “A Better Originalism.” Hageman agrees that the current legal culture is rife with the “sophistry” […] -
Moral Truth and Constitutional Conservatism: Prof. Gerry Bradley in the Louisiana Law Review
JWI Trustee and Senior Scholar Gerry Bradley has written a “must-read” law review article that eloquently and forcefully argues for a jurisprudence of Natural Law as a corrective against the ills of progressive approaches to constitutional interpretation and positivist originalism. We share with you the full text of the article below, appearing in the Summer […]