Posts tagged with: law

HaleLegal historian Sir Matthew Hale has been described as “one of the greatest jurists of the modern common law.” Yet during his lifetime (1609-1676), he chose not to publish most of his legal writings, going so far as to prohibit such publication in his will.

Against these wishes, many manuscripts were copied and circulated by other lawyers after his death. One such work, Of the Law of Nature, was written on multiple hand copies, and now, for the first time ever, it is available via CLP Academic.

As its title indicates, the treatise explores the natural law, its discovery and divine origin, and how it relates to both biblical and human laws. Hale’s close connection between law and theology also demonstrates the importance of natural law to early modern legal thought.

The work was most likely written as a series of private meditations and reflections by Hale, giving it a unique, free-flowing style. Hale also brings a unique theological background and perspective to the topic, as editor David Sytsma explains in the introduction:

Sometime between writing the Discourse (ca. 1639–1641) and the Law of Nature (ca. 1668–1670) Hale’s religious perspective underwent a shift in the direction of Arminianism away from the Calvinism of his youth…In a manuscript likely written in the late 1650s, Hale still affirmed the traditionally Calvinist belief that the light of nature is insufficient for salvation. But after the Restoration he moved toward an Arminian soteriology which understood the gospel of the new covenant as offering forgiveness of sins by a condition of imperfect, sincere obedience. He also came to affirm the view, commonly associated with Arminianism, that virtuous pagans could be saved through obedience to the natural law (discussed below). In the last years of his life Hale professed that “Points controverted between the Arminians and Calvinists” regarding God’s decrees, his influence on the human will, the resistibility of grace, and so forth were impossible to determine and of “inconsiderable moment.” …Whether or not Hale changed his mind in the last year of his life, the soteriology present in his Law of Nature is clearly representative of his Arminian turn.

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If you want to see what happens when a government fails its basic responsibilities of maintaining law and order, read this fine and saddening piece by Detroit Free Press columnist John Carlisle, “The last days of Detroit’s Chaldean Town.” In it you’ll encounter the fraying of the town’s social architecture built around faith, family, work, and government.

At a conference a few weeks ago I was involved in a discussion about the ‘worst’ jobs we had ever had. Mine was cleaning the meat room at a grocery store run by four Chaldean brothers in an area just a bit further east of Chaldean Town. I worked at a “training wage” for the better part of a year, I think, while in high school. I didn’t mind transferring out to make a bit less bagging groceries.

Joseph Sunde has written a fair bit on how “hard work cultivates character.” Earlier today I was reading through a classic speech by the famed American pastor Russell Conwell, which includes this bit of wisdom: “There is no class of people to be pitied so much as the inexperienced sons and daughters of the rich of our generation.” Conwell’s point was that the rich most often attained wealth by working smarter and harder. But “as a rule the rich men will not let their sons do the very thing that made them great,” thereby depriving them of the very same experiences that enabled the creation of wealth in the first place. This is actually as true for the moderately rich as it is for the extremely wealthy. As Michael Novak has put it, “Parents brought up under poverty do not know how to bring up children under affluence.”

So even though I hated that job cleaning the meat room at the Chaldean market, which closed some years later, I was sad to see it go and I’ll always carry those experiences with me and try to pass their lessons along to my own children. The rise and fall of Chaldean Town also has some things to teach us about flourishing at the community level.

supreme-courtJune is a busy month for the Supreme Court. The Daily Signal has given us a tidy round-up of seven cases to keep an eye on.

Reed v. Town of Gilbert: This is a free speech case. The Good News Community Church in Gilbert, Ariz., uses signage to promote events at the church. The town has codes regarding signage, and the church says they are not fair. For example, the church is allowed to put signs for only 12 hours before their Sunday services. Meanwhile, a real estate agency can post much larger signs for 30 days.

The Supreme Court will decide whether the town’s claim that the ordinance lacks a discriminatory motive is enough to justify its differential treatment of religious signs.

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magna4James V. Schall, SJ, reflects on the importance of the Magna Carta – perhaps the best-known historical document in the world – at The Catholic News Report.

What was this famous legal document really like? What did it do? Some, like Oliver Cromwell, thought it was useless. Others did not think it particularly unique, since there were already hundreds of such charters throughout Europe. Others saw it as the basis of political responsibility, by limiting kingly rule. Still others considered it as the beginnings of natural “rights,” a doctrine, as Hobbes would later show, of most perplexing memory. The document is revealing to read. It is filled with medieval law issues and phrases. Yet it contains a thread of principle on which many nations—Canada, Australia, South Africa, the United States, India, and other former Commonwealth countries—have retained.

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JuniusCoverCLP Academic has now released The Mosaic Polity, the first-ever English translation of Franciscus Junius’ De Politiae Mosis Observatione, a treatise on Mosaic law and contemporary political application. The release is part of the growing series from Acton: Sources in Early Modern Economics, Ethics, and Law.

Junius (1545–1602) was a Reformed scholar and theologian at the Universities of Heidelberg and Leiden, and is known for producing a popular Latin translation of the Bible and De theologia vera, which became “a standard textbook in theological prolegomena among Reformed Protestants.”

In their introduction, editor Andrew McGinnis and translator Todd Rester offer more on the historical context and the questions Junius aims to answer, explaining how he was “personally called upon by ‘good men’” to “address the contemporary political implications of the laws of Moses.” (more…)

patriot-actWhy is the Patriot Act back in the news?

Last night three key provisions of the law were allowed to expire (at least temporarily) after Senator Rand Paul (R-KY) blocked an extension of the program during a Sunday session of the Senate.

What is the Patriot Act?

The official title of the law is the USA Patriot Act of 2001, an acronym for “Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism.” The 320-page law, signed a month after the 9/11 terrorist attacks and a series of bioterrorism incidents (i.e., anthrax attacks), was intended to “deter and punish terrorist acts in the United States and around the world, to enhance law enforcement investigatory tools, and for other purposes.”

Beginning on December 31, 2005, many provisions of the act were set to expire unless Congress reauthorized them. Out of the sixteen sections, 13 were allowed to expire while three were reauthorized. After approval by Congress, President Bush signed an extension in 2006 and President Obama signed an extension in 2011. On June 1, 2015 the last three sections expired.

What were those last three sections that just expired?

The three sections that recently expired were:
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locust effectRule of law is not something we hear much about, nor do we really want to. It’s kind of … dull. Tedious. Yawn-inducing.

Unless, of course, you live somewhere where there is no rule of law.

Every year, 5 million people are chased from their homes. Some lose their homes due to violence; others lose their homes simply because they cannot prove they own it. Someone bigger, stronger, more powerful, more wealthy comes in and takes it. And the victims have no redress. (more…)