Who was Thomas More? What might seem a simple question draws several conflicting answers. To many, More was the great humanist author of Utopia, a work that has remained an essential text in the study of Western literature and …
The significance of James Stoner’s Forum essay on the common law, with the two responses by Hadley Arkes and John McGinnis, is made even clearer by recent events. Commentary on the sad passing of Judge Robert Bork and …
If anything illustrates the very real and palpable necessity for jurisdictional limitations in both common and civil law systems, it is in the area of education.
In our discussions of common law versus civil law, education affords some of the …
This month’s Liberty Forum debate on the relationship between the inherited common law norms of liberty and our written Constitution also opens to a conversation on the comparison between civil law and common law and the degree to which each …
The next Liberty Forum is now available. Featured this month are tremendous essays from James Stoner, Hadley Arkes, and John McGinnis on the relationship between the unwritten common law and the written Constitution. To put it in Stoner’s terms: …
James Stoner’s essay on the common law and the constitution provides a very valuable perspective on our founding document. Stoner is wholly correct that the common law concepts are often essential to interpreting the Constitution. Nevertheless, I want to raise …
We were not aware at the time that they were twilight years, that time just before Roe v. Wade was decided, when statutes on abortion were sustained in the courts and only occasionally struck down. That is in part why …
Why, in a country with a written Constitution and a founding document (the Declaration of Independence) that is grounded on natural right, should we pay attention to the common law? Wrongly understood, as it usually is today, common law is …
Tony Nicklinson, the 58 year old Englishman who has been trapped in his body for the past seven years by locked-in syndrome following a stroke, has finally died.
He did so just one week after his unsuccessful bid in the …
The excesses of the modern administrative state are becoming a central issue in contemporary American political debates. From the National Labor Relations Board’s intervention in Boeing’s decision to move some of its operations to South Carolina, to the Affordable Care …
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