Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (5)
- Jurisprudence (3)
- Law and Society (3)
- Family Law (2)
- Law and Philosophy (2)
-
- Religion Law (2)
- Arts and Humanities (1)
- Civil Rights and Discrimination (1)
- Disability Law (1)
- Estates and Trusts (1)
- Fourteenth Amendment (1)
- Health Law and Policy (1)
- History (1)
- Human Rights Law (1)
- Jurisdiction (1)
- Law and Gender (1)
- Legal (1)
- Legal Ethics and Professional Responsibility (1)
- Legal Profession (1)
- Medieval History (1)
- Military, War, and Peace (1)
- Other Law (1)
- Privacy Law (1)
- Public Law and Legal Theory (1)
- Science and Technology Law (1)
- Sexuality and the Law (1)
- Keyword
-
- Thomas Aquinas (2)
- Assisted Reproductive Technology (1)
- Augustine (1)
- CLS (1)
- CRISPR (1)
-
- CRT (1)
- Catholic Social Teaching (1)
- Critical Legal Studies (1)
- Critical Race Theory (1)
- Due Process (1)
- Equal Protection Clause (1)
- Family Law (1)
- Fetal Personhood (1)
- Genetics (1)
- Humility (1)
- Jurisprudence (1)
- Justice Holmes (1)
- Law & Philosophy (1)
- Law & Theology (1)
- Law school reform (1)
- Legal Theory (1)
- Legal realism (1)
- MRPC (1)
- Model Rules of Professional Conduct (1)
- Natural law (1)
- Responsive State (1)
- Social Gospel (1)
- St. Augustine (1)
- Subsidiarity (1)
- Thomas Shaffer (1)
- Publication
- Publication Type
Articles 1 - 10 of 10
Full-Text Articles in Natural Law
Playing God In The 21st Century: How The Push For Human Embryonic Germline Gene Editing Sidelines Individual And Generational Autonomy, Anna E. Melo
Catholic University Journal of Law and Technology
Every four and a half minutes a child with a genetic birth defect is born in the United States. For some, these conditions are treatable and manageable, but sadly for others, they are a death sentence. Congenital malformations and chromosomal abnormalities are the leading cause of infant mortality. CRISPR-Cas9 presents hope for the future, a liberation from the heritable genetic shackles that a child would otherwise be trapped in. With such optimism for future applications of germline gene editing, there are also great concerns with what national and global limitations and auditing must be in place to permit “genetic hedging.” …
Subsidiarity & Vulnerability Theory: A Case Study For Deepening The Relationship Between Catholic Social Teaching And The Responsive State, Nathaniel Romano
Subsidiarity & Vulnerability Theory: A Case Study For Deepening The Relationship Between Catholic Social Teaching And The Responsive State, Nathaniel Romano
Catholic University Law Review
Religion and religious voices have long had a role to play in shaping community norms and values and public policy; this role continues in contemporary America. Yet, legitimate questions arise about the extent of this role and its place in a pluralist and democratic state. These questions are particularly pronounced when religion is perceived as partisan, a situation that seems apparent in contemporary America. Hoping to combat this perception, this paper explores the relationship between Catholic Social Teaching and Vulnerability Theory, aiming to show how religious values can inform legal theory across the political spectrum. This paper surveys both Catholic …
Recovering Classical Legal Constitutionalism: A Critique Of Professor Vermeule’S New Theory,, Kevin C. Walsh
Recovering Classical Legal Constitutionalism: A Critique Of Professor Vermeule’S New Theory,, Kevin C. Walsh
Scholarly Articles
Professor Adrian Vermeule has provoked renewed interest in the relationship between the classical natural law tradition and the Constitution of the United States with his book, Common Good Constitutionalism: Recovering the Classical Legal Tradition. As scholars self-consciously working in that tradition, we welcome contemporary attention to that perennial legal philosophy. Yet in reading and rereading the book, we found ourselves frustrated with it, notwithstanding the apparent agreement we shared with the author at some abstract level of principle. And that abstraction, it turns out, is just the problem with the book’s application of the classical legal tradition to constitutional law. …
The Moral Authority Of Original Meaning, J. Joel Alicea
The Moral Authority Of Original Meaning, J. Joel Alicea
Scholarly Articles
One of the most enduring criticisms of originalism is that it lacks a sufficiently compelling moral justification. Scholars operating within the natural law tradition have been among the foremost critics of originalism’s morality, yet originalists have yet to offer a sufficient defense of originalism from within the natural law tradition that demonstrates that these critics are mistaken. That task has become more urgent in recent years due to Adrian Vermeule’s critique of originalism from within the natural law tradition, which has received greater attention than previous critiques. This Article is the first full-length response to the natural law critique of …
The Path Less Traveled: A Natural Law Critique Of Justice Holmes’ Path Of The Law, Alexander Hamilton
The Path Less Traveled: A Natural Law Critique Of Justice Holmes’ Path Of The Law, Alexander Hamilton
Catholic University Law Review
American law and jurisprudence fail to solve fundamental problems in our country. Every lawyer and judge practices, knowingly or unknowingly, from a particular philosophy of law. Much of the practice of law in the United States is rooted in the thought of Justice Oliver Wendell Holmes, Jr. Holmes taught that law was not grounded in morality and logic, but rather the pragmatic rulings of judges. Our law schools and courts today follow Holmes in defining law as merely what a judge says it is. This Comment argues that Justice Holmes’ definition of law was fundamentally flawed and his jurisprudence should …
Augustine, Lawyers & The Lost Virtue Of Humility, Bruce P. Frohnen
Augustine, Lawyers & The Lost Virtue Of Humility, Bruce P. Frohnen
Catholic University Law Review
The leading edge of legal scholarship and practice in recent decades has evinced a commitment to progressive politics at the expense of constitutional governance, the rule of law, and justice understood as vindication of the reasonable expectations of both the public and the parties to any given case or controversy. This article argues that renewed understanding of the virtue of humility, rooted in a genuine concern to do good according to one’s abilities, rights, and duties, is essential to the maintenance of decency in the legal profession and society as a whole. Such virtue is allowed, if not required, by …
Response To Francis Oakley, Kenneth Pennington
Response To Francis Oakley, Kenneth Pennington
Scholarly Articles
No abstract provided.
Natural Law, Homosexual Conduct, And The Public Policy Exception, Raymond B. Marcin
Natural Law, Homosexual Conduct, And The Public Policy Exception, Raymond B. Marcin
Scholarly Articles
The specific focus of this conference is on the problems posed by the imminent recognition of homosexual marriages in one or more jurisdictions. The question posed by the "laws of nature" exception to the inter-jurisdictional marriage recognition principle is whether legally endorsed homosexual marriages, involving (as they must) societal approval and endorsement of homosexual conduct, are contrary to natural law. This paper will explore the classic natural law theory of Saint Thomas Aquinas and the reasons why that theory condemns homosexual conduct as being contrary to the law of nature.
'Posterity' In The Preamble And A Positivist Pro-Life Position, Raymond B. Marcin
'Posterity' In The Preamble And A Positivist Pro-Life Position, Raymond B. Marcin
Scholarly Articles
Arguments for the overturning of the Roe decision can be grouped into two categories: (1) the positivist argument that, contrary to the assertions in the Roe decision, nothing in the Constitution protects the right to privacy in the abortion decision (thus leaving legislatures free to regulate the matter), and (2) the natural law argument that a fetus or unborn child has a fundamental and inalienable right to life (thus preventing legislatures from regulating the matter, except for compelling governmental reasons). The right-to-life movement is grounded upon the latter, natural law position. The difficulty for the pro-life movement is that, if …
Individual Conscience Under Military Compulsion, Raymond B. Marcin
Individual Conscience Under Military Compulsion, Raymond B. Marcin
Scholarly Articles
The exercise of individual conscience under military compulsion is an issue revived by the My Lai courts martial. Natural law jurists saw a place for individual conscience, but the positivist school's dominance changed that. The Nuremberg doctrine denied the defense of superior orders, and now the debate is raging again.