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Social and Behavioral Sciences Commons™
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- Rule of law (5)
- Constitutionalism (3)
- Natural law (3)
- Convention (2)
- Conventionalism (2)
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- David Hume (2)
- Law and morals (2)
- Legal positivism (2)
- Legal theory (2)
- Principles of rule of law (2)
- Ronald Dworkin (2)
- American founding (1)
- Artificial justice (1)
- Charles McIlwain (1)
- Conservatism (1)
- Enforcement of morals (1)
- F. A. Hayek (1)
- Francis Wormuth (1)
- Government (1)
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- Individualism (1)
- John Rawls (1)
- Justice (1)
- Kenneth MacKinnon (1)
- Law (1)
- Liberalism (1)
- Lord Kames (1)
- Moral theory (1)
- Morality and law (1)
- Natural rights (1)
- Publication
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Articles 1 - 8 of 8
Full-Text Articles in Social and Behavioral Sciences
The Separation Of Law And Morals, Noel B. Reynolds
The Separation Of Law And Morals, Noel B. Reynolds
Faculty Publications
The classic opposition of legal positivism and natural law theory resurfaces continually and reminds us that we have yet to resolve this key conflict in our ways of understanding the moral authority of law. The strengths and weaknesses of the two theories are reviewed—both have fatal flaws. Conventionalism is proposed as a means of finding internal standards in a man-made system of law. The naturally emerging standards for a conventionalist system of law turn out to be the already familiar principles of the rule of law.
Hume And His Critics: Reid And Kames, Noel B. Reynolds
Hume And His Critics: Reid And Kames, Noel B. Reynolds
Faculty Publications
This presentation was in response to Kenneth MacKinnon’s defense of Thomas Reid’s preference for natural virtue against David Hume’s conventionalism in his theory of law. It is argued that because Hume’s legal theory follows easily from his theory of human nature, Reid and Kames—and MacKinnon—need to refute Hume at that level to be successful in their rejection of his conventionalism.
Morality And The Rule Of Law, Noel B. Reynolds
Morality And The Rule Of Law, Noel B. Reynolds
Faculty Publications
This paper lays out the logic of a conservative view of liberty and morality based on an understanding of human nature as both social and rational on the one hand, and radically individual and self-seeking on the other. Without public virtue, a people cannot govern itself as a free people. But neither virtue nor moral truth can be legislated. The rule of law under constitutionalism is the most successful human arrangement for providing freedom and allowing moral action on the part of individuals.
Liberal Political Theory And The Rule Of Law, Noel B. Reynolds
Liberal Political Theory And The Rule Of Law, Noel B. Reynolds
Faculty Publications
The efforts of liberal political theorists like John Rawls and Ronald Dworkin to identify principles and rights based on moral truth as authoritative bases for law and politics ignore the insight of Hume and other conservative theorists that the moral possibilities of human nature generally are limited and are in turn limiting on what can be accomplished, from a moral point of view, through law and politics.
Expansion Of Presidential Authority In Foreign Affairs: The Treaty-Making Authority As Interpreted By The Supereme Court, Brent J. Belnap
Expansion Of Presidential Authority In Foreign Affairs: The Treaty-Making Authority As Interpreted By The Supereme Court, Brent J. Belnap
Sigma: Journal of Political and International Studies
No abstract provided.
Precinct Government In Salt Lake County, Utah 1852-1904, Steven K. Madsen
Precinct Government In Salt Lake County, Utah 1852-1904, Steven K. Madsen
Theses and Dissertations
This thesis traces the origin, development, and decline, from 1852 to 1904, of Salt Lake County's judicial precincts. A precinct functioned as the basic subdivision of county government. Its boundaries were generally coterminous with those of local communities. It was established to allow for a degree of local control by the people.
Chapter two reveals that precinct justices experienced over time a marked decline in socio-political prominence. This is largely due to legislative statutes that decreased their jurisdictional powers. Chapter three examines the evolution of precinct boundaries. It is demonstrated that geographic distribution of individuals played a major role in …
Constitutionalism And The Rule Of Law, Noel B. Reynolds
Constitutionalism And The Rule Of Law, Noel B. Reynolds
Faculty Publications
Constitutionalism is the practical science of designing and balancing institutions of public power and authority so as to prevent monopolies of power or the emergence of tyranny. In spite of continuing attempts to ground constitutions in moralistic political theories, they are best understood as formalizations of citizenry agreements to manage their affairs under the rule of law following rules formulated by their legislatures and applied by their judges, all of which are to be selected through established procedures. The emergence of rule of law in primitive societies and in early modern European politics is noted, and the chief contributors to …
The Union Of Legal And Political Theory, Noel B. Reynolds
The Union Of Legal And Political Theory, Noel B. Reynolds
Faculty Publications
This paper explores the social science concept of conventions as a way of understanding law that would bridge the enduring gap between natural law and legal positivist legal theories. It further finds in the conventionalist approach a promising account of the rule of law—both in how it may be characterized and in how it can be assessed in particular legal systems.