Articles tagged as Natural Law
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“Positivism Only?: Privileges or Immunities in The Original Meaning of the Fourteenth Amendment” – Garrett Snedeker in Anchoring Truths
JWI Deputy Director Garrett Snedeker offers his thoughts on Profs. Randy Barnett and Evan Bernick’s recent book, The Original Meaning of the Fourteenth Amendment. He discusses their positivist approach to interpreting the Privileges or Immunities Clause and questions whether natural law reasoning can be divorced from the recognition of unenumerated constitutional rights. We’ve included a […] -
VIDEO: Webinar on “The Classical and Christian Origins of American Politics”
JWI, with our co-sponsors, the Center for Religion Culture and Democracy at First Liberty Institute, and the Civitas Institute, present this webinar. The webinar featured Profs. Justin Dyer and Kody Cooper discussing their new book on the natural law influences of the American Founding. The book is available for purchase here. We were also joined […] -
“Why State Courts Matter” — Jesse Merriam at Anchoring Truths and Law & Liberty
Jesse Merriam responds to Holden Tanner and Josh Hammer, arguing that state courts matter not merely because they strengthen conservative power in the federal courts, but because states are the most basic guardians of liberty. Some excerpts: “A successful socio-legal movement must engage within rather than push against the prevailing cultural norms. The NAACP, for […] -
“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. […] -
“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 […] -
VIDEO: Webinar on Dred Scott Case featuring Hadley Arkes, Mark Graber, and David Tubbs
The National Association of Scholars hosted a webinar event with JWI Founder and Director Prof. Hadley Arkes, Prof. Mark Graber of the University of Maryland, and Prof. David Tubbs of King’s College. Moderated by Prof. Vincent Philip Munoz of the University of Notre Dame, Prof. Arkes, Prof. Graber, and Prof. Tubbs discuss the historical, jurisprudential, […] -
“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 Apply a Jurisprudence of Natural Law”: Prof. Arkes on In the Trenches Podcast
Hadley Arkes & Garrett Snedeker joined the In the Trenches Podcast to talk about the principles of the American Government that were before the Constitution and how those principles helped inform it. They discuss how Natural Law provides insights into issues such as Abortion and Free Speech. -
“Technology and Natural Law” — James Poulos
Comparing Daoist and Western concepts of technology, James Poulos argues that technological innovation does not signal the end of humanity, but instead invites a return to virtue and natural law. Some excerpts: “[A]fter Heidegger…it had become unclear what if any cosmological understanding in the West could defeat the technologization of life and the destruction of […] -
“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 […]