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Full-Text Articles in Law
The Priority Of Persons Revisited, John Finnis
The Priority Of Persons Revisited, John Finnis
Journal Articles
This essay, in the context of a conference on justice, reviews and reaffirms the main theses of “The Priority of Persons” (2000), and supplements them with the benefit of hindsight in six theses. The wrongness of Roe v. Wade goes wider than was indicated. The secularist scientistic or naturalist dimension of the reigning contemporary ideology is inconsistent with the spiritual reality manifested in every word or gesture of its proponents. The temporal continuity of the existence of human persons and their communities is highly significant for the common good, which is the point and measure of social justice, properly understood. …
Individuals First, Richard Garnett
Individuals First, Richard Garnett
Journal Articles
Richard Garnett reviews Modern Liberty and the Limits of Government by Charles Fried, W.W. Norton, 224 pp. (2006)
Subsidiarity As A Structural Principle Of International Human Rights Law, Paolo G. Carozza
Subsidiarity As A Structural Principle Of International Human Rights Law, Paolo G. Carozza
Journal Articles
This article argues that the principle of subsidiarity should be recognized as a structural principle of international human rights law primarily because of the way that it mediates between the universalizing aspirations of human rights and the fact of the diversity of human communities in the world. The idea of subsidiarity is deeply consonant with the substantive vision of human dignity and the universal common good that is expressed through human rights norms. Yet, at the same time it promotes respect for pluralism by emphasizing the freedom of more local communities to realize their own ends for themselves.
Looking at …
The Practical Impact Of The Common Good In Catholic Social Thought, John J. Coughlin
The Practical Impact Of The Common Good In Catholic Social Thought, John J. Coughlin
Journal Articles
As an introduction to the general panel discussion, I would like to pose the following question. Is the notion of the common good in Catholic social thought merely a nice sounding theory, or does it have any real and practical impact?
The Vatican II document Gaudium et Spes offers this definition of the common good: "the sum of those conditions" which allow people, either as groups or as individuals, to reach their fulfillment more fully and more easily. This notion of the common good places a primacy on the flourishing of individual human beings-spiritually, intellectually, culturally, and financially-through participation in …
What Is The Common Good, And Why Does It Concern The Client's Lawyer?, John M. Finnis
What Is The Common Good, And Why Does It Concern The Client's Lawyer?, John M. Finnis
Journal Articles
Why is anything of real concern to any of us? Because, besides our simply emotional motives, we have reasons for action (which may be supported or opposed by our emotions). What are reasons for action? Some are instrumental, means to further ends: I have reason to start reading this paper to you, and you had reason to come back into the room to hear it. What reasons? Well, doing so is my contribution to this symposium's reflection on its subject-matter. That reflection, in turn, is intended to be instrumental in promoting a wider and deeper understanding of an important set …
A Word For The Common Good, Thomas L. Shaffer
A Word For The Common Good, Thomas L. Shaffer
Journal Articles
There is an inherent value in relationships amongst people through conversation. This response to Robert A. Burt's article argues that the value in having such dialogue, despite differences among us, stems not solely from the desire for equality; but rather stems from a deeper notion of common good such as community, morality, or something else. (See Robert A. Burt, What Was Wrong with Dred Scott, What's Right about Brown Dread Scott and Brown v. Board of Education: A Frances Lewis Law Center Colloquium, 42 Washington & Lee Law Review 1 (1985).