Social and Behavioral Sciences | Open Access Articles

The Separation Of Law And Morals, Noel Reynolds Nov 1986

The Separation Of Law And Morals, Noel Reynolds

Noel B Reynolds

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.

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Yale Political Monthly 1986 November, The Politic, Inc. Nov 1986

Yale Political Monthly 1986 November, The Politic, Inc.

The Politic

No abstract provided.

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Some Questions For Republicans, Don Herzog Aug 1986

Some Questions For Republicans, Don Herzog

Articles

Even a sleepy historiographer of political theory of some future day will notice the most dramatic revision of the last 25 years or so. I refer of course to the discovery-and celebration-of civic humanism. The devilish Machiavelli of Elizabethan times has been gently set aside for "the divine Machiavel," the one who writes, "I love my native city more than my soul." And historians of political thought have lovingly traced the transmission of civic humanism from Florence to England and America, giving us a brand new past. America, we now know, was not the unthinkingly Lockean land served up by …

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Hume And His Critics--Reid And Kames, Noel B. Reynolds May 1986

Hume And His Critics--Reid And Kames, Noel B. Reynolds

Noel B Reynolds

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.

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Morality And The Rule Of Law, Noel Reynolds May 1986

Morality And The Rule Of Law, Noel Reynolds

Noel B Reynolds

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.

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Bentham’S Unpublished Manuscripts On Subscription To Articles Of Faith, James E. Crimmins Mar 1986