Posts tagged with: positive law

RefuseServiceSignIn today’s Acton Commentary, “The Logic of Economic Discrimination,” I take up a small slice of the larger controversy and discussion surrounding religious liberty laws like the one passed recently in Indiana. My point, drawing out some of the implications of observations made by others, including Ryan Anderson and Shikha Dalmia, is that anti-discrimination boycotts depend on discrimination. Or as Dalmia puts it, “what is deeply ironic is that corporate America was able to wield its right not to do business (and boycott Indiana) by circumscribing the same right of Indiana businesses.”

Now there are lots of other angles and significant points to explore surrounding this enormously complex and important debate. Many have criticized the hypocrisy of corporations like Apple for doing business in places like China and Saudi Arabia even while they grandstand against Indiana. Others are now pointing to the actions of many in Silicon Valley, which despite the proclamations of support for social justice, have actually created huge inequalities. Tech centers like Silicon Valley are great, it seems, unless you are a woman, have a family, or are a blue-collar worker.

Indiana politicians, under massive scrutiny, have since moved to “clarify” the RFRA law that was passed, a move that has mollified some but not others. From the beginning, these conversations about religious liberty and economic rights have, in my view, insufficiently included sensitivity to considerations like freedom of association. Hopefully the larger context and interactions of contracts and rights, not merely “religious liberty” narrowly defined, can help broaden and mature the conversation.
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Blog author: jballor
Monday, January 19, 2015
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Earlier this year, UCLA made available for the first time the audio of a speech from the Rev. Dr. Martin Luther King Jr. given just over a month after the march from Selma to Montgomery. On April 27, 1965, King addressed a number of topics, including debate surrounding the Voting Rights Act.

At one point in the speech, King stops to address a number of “myths” that are often heard and circulated, and one of these is of perennial interest, as it has to do with the interaction between positive law, morality, and culture. We often hear, for instance, that law is downstream from culture, and this is true enough. Thus King admits (starting at around the 33:35 mark) that there is some truth in this kind of view as far as it goes. But this does not mean that there is no place for legislation.

As King puts it,

It may be true that you can’t legislate integration, but you can legislate desegregation. It may be true that morality cannot be legislated, but behavior can be regulated. It may be true that the law cannot change the heart, but it can restrain the heartless. It may be true that the law can’t make a man love me, but it can restrain him from lynching me, and I think that’s pretty important also. So while the law may not change the hearts of men, it does change the habits of men. And when you change the habits of men, pretty soon the attitudes and the hearts will be changed. And so there is a need for strong legislation constantly to grapple with the problems we face.

MLK UCLA
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Blog author: jballor
Thursday, July 24, 2008
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In the July/August issue of Touchstone, which features a cover story by Acton research director Sam Gregg, “The European Disunion,” a bit of wisdom is passed along to us by senior editor Anthony Esolen in the magazine’s section, Quodlibet:

If you have a virtuous people, you don’t need quite so many laws, and the laws you do pass will have a lot less to do with restraint than with man’s creative participation in God’s governance of the world.

This statement captures well the sentiments I expressed regarding the relation of Christianity to political freedom, which appear in Kevin Schmiesing’s post, “Freedom and Christianity,” at American Creation.