Unjust laws are not laws—they are simply mandates. This type of mandate fundamentally contradicts the basis of our modem legal system: the U.S. and state constitutions, federal and state statutes, and ...
Americans are increasingly looking to the law as the moral arbiter for our times. High-profile court cases on gay marriage, affirmative action, and the death penalty highlight the trend. But so do ...
Starting last month, Slate began a series of monthly dialogues between two of the nation’s most esteemed jurists, Richard A. Posner and Jed S. Rakoff. These conversations will be moderated by Joel ...
The law is viewed as concrete, but morality is also a matter of interpretation. Without a moral compass from advocates, society would continue in egregious acts of hatred. The challenge here is ...
Law and Philosophy is a forum for the publication of work in law and philosophy which is of common interest to members of the two disciplines of jurisprudence and legal philosophy. It is open to all ...
Experts remain divided in the debate on whether Saudi society needs a legal system to regulate the country or rely on Islam to fulfill the prophecy of a righteous and homogenous society. Some fear ...
The relationship between morality and the law has fascinated many minds over the ages. Some have regarded the enforcement of morals as the function of law. The famous Hart-Devlin debate in the 1960s ...
A friend of mine was given the assignment of preparing a group of young people for confirmation. He soon discovered that this "assignment" was more like a formidable task. On the topic of morality, ...
Similarly, Joseph Raz’s theory of authority posits that the law is an authoritative social institution, the de facto authority. However, he also opines that it is essential to law that it be held to ...
DURING the campaign, Donald Trump pledged to name a Supreme Court justice “very much in the mould” of Antonin Scalia, the conservative jurist who died over a year ago. In many respects Neil Gorsuch, ...