Posts tagged with: law

Earlier this month I attended the First Kuyper Seminar, “Economics, Christianity & The Crisis: Towards a New Architectonic Critique,” in Amsterdam.

One of the papers presented was from Jan Jorrit Hasselaar, who discussed the inclusion of non-human entities into democratic deliberation in his talk, “Sustainable Development as a Social Question.” I got the impression (this is my analogy, not Hasselaar’s) that there was some need for a kind of tribune (for plants instead of plebeians), who would speak up for the interests of those who could not speak for themselves.

The framing of the issue of the dignity of animals, plants, and the natural environment more broadly connected the integration of these interests into our public discourse as analogous to the civil rights revolutions concerning race and sex in the West over the previous century. The following video makes an argument in similar terms:

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Blog author: jballor
posted by on Tuesday, November 20, 2012

I remember when I was a kid and would ask why we celebrate Father’s Day and Mother’s Day. What about Children’s Day? To which I would receive the inevitable response, “Every day is Children’s Day.” I use the same response now when some smart-alecky kid pipes up with this kind of question.

That may be true, in a sense, but today (Nov. 20) is also “Universal Children’s Day.” This event is a vehicle in part for UN advocacy on behalf of the ratification and implementation of the Convention on the Rights of the Child. In the last issue of the Journal of Markets & Morality, Johan van der Vyver examined the convention, with an eye particularly toward the complications of ratification and implementation in the United States in comparison with that of South Africa, in his piece, “Children’s Rights, Family Values, and Federal Constraints.”

Van der Vyver argues, “There is strong opposition against ratification of the convention from within the ranks of evangelical Christians, based essentially on a perception that the convention undermines family values. However, this article argues that the main obstacle confronting the United States in this regard derives from the constitutional dispensation of federalism.” The basic point, says van der Vyver, is that the autonomy of the family unit is not essentially undermined by the convention, but that the particular polity of the U.S. government and the nature of the process of treaty ratification is what stands in the way of American participation.

As to a classical expression of the place of children within the family and the significance of the family as a social institution, it’s worth noting the recent translation of the Dutch Reformed theologian Herman Bavinck’s treatise, The Christian Family. This is a wonderful book, full of insights into the nature of social relationships, the divine institution of the family, and the importance of the family to a free and virtuous society.
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Blog author: jballor
posted by on Friday, November 2, 2012

Encyclopedia Entry: “Arts”
Tyler Cowen. The Concise Encyclopedia of Economics. 2d ed. Indianapolis: Liberty Fund, 2007.

General economic principles govern the arts. Most important, artists use scarce means to achieve ends—and therefore recognize trade-offs, the defining aspects of economic behavior. Also, many other economic aspects of the arts make the arts similar to the more typical goods and services that economists analyze.

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Blog author: jballor
posted by on Friday, October 26, 2012

Call for Papers: “Intellectual Property and Religious Thought”

University of St. Thomas School of Law, April 5, 2013. The University of St. Thomas will hold a conference titled “Intellectual Property and Religious Thought,” on April 5, 2013, co-sponsored by the Terrence J. Murphy Institute for Catholic Thought, Law, and Public Policy and The University of St. Thomas Law Journal. The conference will be held at the University of St. Thomas School of Law building in downtown Minneapolis.

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Blog author: jballor
posted by on Friday, October 5, 2012

Call for Papers: “Economics, Christianity & The Crisis: Towards a New Architectonic Critique”

The 2008 credit crisis is not only a crisis in economics, but also a crisis in the basic concepts and assumptions that underlie our thinking about economics, economics as a science. Critical analyses are called for of both economic practices and economic theory. New concepts and paradigms are needed. The first Kuyper Seminar Amsterdam aims at exploring what resources the Christian tradition has to offer for developing a sustainable and just economy of the future.

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Blog author: jballor
posted by on Friday, September 7, 2012

Book Note: “Walzer, ‘In God’s Shadow: Politics in the Hebrew Bible’”
Michael Walzer, In God’s Shadow: Politics in the Hebrew Bible. New Haven: Yale University Press, 2012.

In this eagerly awaited book, political theorist Michael Walzer reports his findings after decades of thinking about the politics of the Hebrew Bible. Attentive to nuance while engagingly straightforward, Walzer examines the laws, the histories, the prophecies, and the wisdom of the ancient biblical writers and discusses their views on such central political questions as justice, hierarchy, war, the authority of kings and priests, and the experience of exile.

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Blog author: jballor
posted by on Friday, August 10, 2012

Call for Papers: “Our Entrepreneurial Future: East, West, North, and South”

The Association of Private Enterprise Education Annual Conference, Maui, Hawaii, April 14 – 16, 2013. “Our Entrepreneurial Future: East, West, North, and South.” The Association of Private Enterprise Education (APEE) invites the submission of papers for its 38th International Conference in Maui, Hawaii, April 14-16, 2013. The Association is composed of scholars from economics, philosophy, political science, and other disciplines, as well as policy analysts, business executives, and other educators. APEE’s annual meeting explores topics related to private enterprise in an atmosphere that respects market approaches. Presentations reflect the latest research in fields such as regulation, public choice, microeconomics, and Austrian economics, as well as development of instructional techniques. The submission fee for the society’s journal, The Journal of Private Enterprise, is waived for papers presented at the conference.

Article: “What is the Philosophy of Law?”
John Finnis, SSRN

The philosophy of law is not separate from but dependent upon ethics and political philosophy, which it extends by that attention to the past (of sources, constitutions, contracts, acquired rights, etc.) which is characteristic of juridical thought for reasons articulated by the philosophy of law. Positivism is legitimate only as a thesis of, or topic within, natural law theory, which adequately incorporates it but remains transparently engaged with the ethical and political issues and challenges both perennial and peculiar to this age. The paper concludes by proposing a task for legal philosophy, in light of the fact that legal systems are not simply sets of norms.

Book Note: “Markets and Growth in Early Modern Europe”
Victoria N. Bateman, Markets and Growth in Early Modern Europe

This is the first study to analyze a wide spread of price data to determine whether market development led to economic growth in the early modern period. Bateman compares agricultural data with less abundant information on cloth, candles and olive oil from numerous European cities. Using a range of economic measures applied to a larger set of goods, she shows that market development occurred earlier than was previously believed.

Book Note: “Limited Government and the Bill of Rights”
Patrick M. Garry, Limited Government and the Bill of Rights

What was the intended purpose and function of the Bill of Rights? Is the modern understanding of the Bill of Rights the same as that which prevailed when the document was ratified? In Limited Government and the Bill of Rights, Patrick Garry addresses these questions. Under the popular modern view, the Bill of Rights focuses primarily on protecting individual autonomy interests, making it all about the individual. But in Garry’s novel approach, one that tries to address the criticisms of judicial activism that have resulted from the Supreme Court’s contemporary individual rights jurisprudence, the Bill of Rights is all about government—about limiting the power of government. In this respect, the Bill of Rights is consistent with the overall scheme of the original Constitution, insofar as it sought to define and limit the power of the newly created federal government.

Lectures: “Theology of Mission”
Edmund Clowney, Westminster Theological Seminary

These are 37 audio lectures from Edmund Clowney (1917-2005) of Westminster Theological Seminary from his course, “Theology of Mission,” within a broader biblical and historical study of mission and the “theology for the city.” This is one of the offerings from WTS made available via iTunesU.

Legal scholar Orin Kerr provides excerpts from the concurring opinion today in Hettinga v. United States, in which Judge Janice Rogers Brown (joined by Judge Sentelle) argues that the Supreme Court should overturn its rational basis caselaw in the economic area and return to a Lochner-era regime of judicial scrutiny for economic regulations:
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Should virtue be a consideration in judicial decisionmaking? Indiana Law Professor R. George Wright makes an intriguing argument for why the four cardinal virtues could be useful in interpreting constitutional cases:

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David Theroux of the Independent Institute concludes his two-part article on “secular theocracy” here (the full article can be read here). In this second part, Theroux observes that “C.S. Lewis understood that natural law applies to all human behavior including government officials.”

Indeed, it is hard to see how the rule of law can function apart from a conception of the natural law. Now as Theroux shows, not just any conception of the natural law will do. It has to be one rooted in the divine lawgiver to those created in his image, with the implications for dignity and basic rights entailed by such.

Otherwise you might have a “natural law” that empowers the strong over the weak on the basis of their ability to dominate, or their intelligence, or their “fitness” to rule. See, for instance, Sam Gregg’s explanation of how Plato and Aristotle justified slavery.