Articles tagged as prudence
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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 […] -
“Redeeming the Constitution” – Bradley Rebeiro ’17 at Anchoring Truths and Law & Liberty
JWI Fellowship alumnus and associate professor of law at BYU Law School Bradley Rebeiro responded to Professor David Forte’s “Originalism and its Discontents” at JWI’s online journal Anchoring Truths. In a symposium in collaboration with Law & Liberty, Rebeiro utilizes the case study of slavery “to reconsider how we understand this tension between originalism and […] -
“Originalism and Its Discontents” — David Forte at Anchoring Truths and Law & Liberty
Senior JWI Scholar David Forte responds to the co-authored piece “A Better Originalism” at JWI’s online journal Anchoring Truths. In a symposium in collaboration with Law & Liberty, Forte defends the place of positive law in a “correct originalism.” Some excerpts from the piece: “The authors coronate a new form of originalism, a ‘better originalism,’ an ‘originalism […]