Does Originalism Have a Natural Law Problem?

2021 ◽  
Vol 39 (2) ◽  
pp. 361-367
Author(s):  
John Mikhail
Keyword(s):  
Natural Law ◽  
Interesting Case ◽  
Primary Sources ◽  
Main Argument ◽  
Over Time

Gienapp's critical move is to shift our attention from semantics to ontology. What is the Constitution? How was it conceived to exist in 1787, and how has that conception changed over time? These questions must be squarely addressed, he insists, before asking what the Constitution means. Does this whole text-focused enterprise rest on a mistake? Drawing on a wealth of primary sources and modern scholarship, Gienapp makes a strong and interesting case that it does. Boiled down, his main argument is that the founders were predominantly natural lawyers, and thus conceived of law quite differently than most originalists typically do.

scholarly journals The Politics of Credentials: A Commentary and Critique of the Presbyterian Church in Southern Africa

2018 ◽  
Vol 20 (3) ◽  
pp. 305-327
Author(s):  
Graham A Duncan
Keyword(s):  
Southern Africa ◽  
Research Question ◽  
Primary Sources ◽  
Presbyterian Church ◽  
History Of ◽  
The Church ◽  
Over Time ◽  
Church Tradition

The use of credentials in an ecclesiastical context is a means of assuring that a minister is who he or she claims to be and is therefore trained and qualified to exercise ministry within a particular church tradition as determined by individual denominations. The concept and use of credentials has developed over time. Using primary sources in the main, this article examines the use of credentials as a tool for ‘inclusion’ or a means of ‘exclusion’, or both, in the history of the largest Presbyterian church in Southern Africa and its predecessors. The research question under study is to what degree, if any, were credentials used to control ministers and to cleanse and purify the church of radical – such as anti-apartheid – elements?

Introduction

2019 ◽  
pp. 1-52
Author(s):  
Torben Iversen ◽  
David Soskice
Keyword(s):  
Economic Growth ◽  
Knowledge Economy ◽  
Wealth Accumulation ◽  
Main Argument ◽  
Middle Classes ◽  
Democratic State ◽  
Advanced Economies ◽  
Late Nineteenth ◽  
Over Time

This introductory chapter provides an overview of the book's main themes. The main argument is that over time, the advanced capitalist democratic state has paradoxically become strengthened through globalization. The spread of neoliberal ideas reflects the demand of decisive voters from the middle and upper middle classes to fuel economic growth, wealth, and opportunity in the emerging knowledge economy. The “laws” of capitalism driving wealth accumulation are in fact politically and, largely, democratically manufactured. This was true to a large extent at the formation of advanced economies in the late nineteenth and early twentieth centuries, but it is especially true in today's supposedly borderless economy.

WHAT IS GOOD ABOUT LEGAL CONVENTIONALISM?

Legal Theory ◽  
2008 ◽  
Vol 14 (2) ◽  
pp. 135-166 ◽  
Author(s):  
Dimitrios Kyritsis
Keyword(s):  
Legal System ◽  
Natural Law ◽  
Political Morality ◽  
Robust Version ◽  
Working Together ◽  
Suitable Form ◽  
Natural Law Theory ◽  
Over Time

According to legal conventionalism, a legal system cannot come into existence and be sustained over time unless legal officials see themselves as working together with their fellow participants in the practice of law for the purpose of achieving coordination or alternatively realizing a joint endeavor. This thesis has traditionally been thought to support a positivist understanding of law. The paper challenges this piece of common wisdom. It aims to establish that the idea of cooperation among legal officials that figures so prominently in conventionalist accounts of law may in a suitable form be appropriated by a robust version of natural-law theory. It claims that participants in the practice of law may be understood as having reasons of political morality to heed the acts and decisions of their fellow participants and calibrate their own behavior accordingly. It takes the value of democracy to illustrate the point. Democracy furnishes a reason for courts to give effect to democratically reached decisions rather than work out on their own how best to adjudicate disputes before them.

scholarly journals The Role of Women in Iroquoian Society

1992 ◽  
Vol 10 (1) ◽  
Author(s):  
Patricia Reed
Keyword(s):  
Primary Sources ◽  
Political Role ◽  
Role Of Women ◽  
Over Time

Three primary sources (Gabriel Sagard, Joseph-Francois Lafitau and Lewis Henry Morgan) written in three different centuries are consulted to discover what information they contain on the economic, social and political role of women in Iroquoian society. This information is analyzed with respect to its reliability and credibility. Recent interpretations of the ethnohistoric record (Brown, Tooker and Trigger), as well as the primary sources are considered in terms of the role of women in the authors' societies. These sources show that the role of Iroquoian women changed over time; however, the record may have been influenced by the role of women in the authors' societies at the time.

scholarly journals Hocken: Prince of Collectors

2015 ◽  
Author(s):  
J.E. Traue
Keyword(s):  
New Zealand ◽  
Medical Practice ◽  
Medical Practitioner ◽  
Historical Research ◽  
Primary Sources ◽  
The Subject ◽  
The University ◽  
Over Time

Dr Thomas Morland Hocken (1836-1910), born and trained as a medical practitioner in Britain, settled in Dunedin in 1862 and built a very successful medical practice. He soon began researching early New Zealand history and by 1880 was delivering public lectures on the subject. At a time when there were no publicly available collections of primary sources or publications relating to New Zealand in the country, and where the best resources for historical research were in London, Hocken began collecting ephemera, maps, newspapers, pamphlets and books, paintings and drawings, seeking out and copying original documents and saving the reminiscences of old colonists to support his research and publications. Over time his collecting became more comprehensive and he turned his attention to creating a full bibliographical record of New Zealand publications, culminating in the publication of A Bibliography of the Literature Relating to New Zealand in 1908. His last act was to gift his collection to the nation to be held in trust by the University of Otago and available for anyone with a definite purpose of study. 

scholarly journals Theologia, Ethics, and Natural Law in Locke's Classifications of Knowledge and Adversaria

Locke Studies ◽  
2014 ◽  
Vol 14 ◽  
pp. 177-237
Author(s):  
Giuliana Di Biase
Keyword(s):  
Natural Law ◽  
Civil Law ◽  
Academic Disciplines ◽  
Christian Life ◽  
Commonplace Books ◽  
Human Understanding ◽  
Moral Duties ◽  
A Priority ◽  
Practical Dimension ◽  
Over Time

Between 1670 and 1687, Locke wrote some classifications of the branches of knowledge and some adversaria containing guidelines for the writing of commonplace books. Both are to be found in his notebooks and journals. Locke’s classifications represent an important source for investigating the role and relevance he attributed to traditional academic disciplines such as Theologia, Metaphysica, and Physica, and, in particular, his manner of conceiving of the object of theology. With reference to the latter, the classifications show important modifications over time: the first schemes (1670–72) are representative of a naturalistic approach to theology, whereas later schemes (1681) are more sensitive to the model introduced by the theological systems of Reformed theologians such as Polanus and Ames, who insisted on the practical dimension of the discipline. ‘Ethica sive lex naturae’, one of the subheadings of Theologia in Locke’s earlier classifications, is absent from those he wrote in 1681, having been substituted by ‘Moralia’: this substitution seems to be motivated by Locke’s intention to emphasize the relevance of the performance of moral duties, the objects of ‘Moralia’, in Christian life. In a later scheme dating from c.1686–7, Locke remoulds his manner of classifying completely—the outline is similar in some respects to the division of the sciences on the last pages of the Essay concerning Human Understanding. Theologia is subsumed under Physica, whereas Politia and Prudentia, two of the main headings in Locke’s earlier classifications, are positioned under a new heading, Practica, inspired by the Aristotelian model. Ethics is located under this heading, before Politia and Prudentia. This ordering might be due to Locke’s intention to emphasize the priority of ethics and its basis, natural law, with respect to politics and civil law, a priority which was not clearly represented in his previous schemes. In order to investigate the role and relevance attributed to ethics and natural law in Locke’s various classifications, I will focus on each scheme separately; in the conclusion, attention will be drawn to another, later outline of Theologia which Locke composed in 1694, where ethics is once again one of the branches of theology but there is no longer any mention of natural law. Revelation, not natural law, appears to be the basis of ethics in this later scheme.

Flexible Building and Construction Systems in Traditional Korean Architecture

2012 ◽  
Vol 37 (3) ◽  
pp. 16-27
Author(s):  
Kim Sung-Hwa ◽  
JiA Beisi
Keyword(s):  
Building Materials ◽  
Architectural History ◽  
Main Argument ◽  
Housing Design ◽  
Historical Archives ◽  
Asian Cities ◽  
Traditional Construction ◽  
Korean Architecture ◽  
The Relationship ◽  
Over Time

Unlike the building forms, technology, and materials of today, the traditional Korean architecture represents an example of flexible building forms in history. Investigating and studying this type of architecture not only can contribute to the reform of architectural history by understanding how ordinary buildings change over time and how they interact with people but also may suggest the possibility of, and methodology for developing long-lasting and sustainable mass housing in Korea and in Asian cities. The first part of the paper demonstrates the structural, spatial, and functional flexibilities of traditional Korean architecture. The second part investigates the construction system, including the organization of builders and the regulations governing the relationship with the residents. Its systematic construction approach is associated with the specialization of construction and standardization and prefabrication of elements, facilitating the easy replacement and reuse of building materials. The paper is based on a research methodology of integrating historical archives and case studies. The main argument posited here is that knowledge and skill of traditional construction of flexibility suggest conceptual strategies to improve current housing design and construction in order to obtain a sustainable future.

Collaborative Advantage and National Patterns of Innovation

2021 ◽  
pp. 49-73
Author(s):  
Jonas Nahm
Keyword(s):  
Domestic Economy ◽  
Main Argument ◽  
Competitive Strategies ◽  
Industrial Policies ◽  
Collaborative Advantage ◽  
National Institutions ◽  
The Creation ◽  
Over Time

Chapter 3 develops the main argument of the book and shows how globalization caused persistent and consequential divergence of national institutions and industrial specializations over time. It proposes that globalization led to a set of benefits for firms, most importantly new opportunities for firms to specialize because of the ability to collaborate with others. The ability to enter new industries through specialization shaped firms’ responses to national industrial policies: even where governments aimed at the creation of comprehensive national industries, firms responded with narrow competitive strategies that built on existing skills and repurposed legacy institutions of the domestic economy.

Introduction

2020 ◽  
pp. 1-24
Author(s):  
Tyrone McKinley Freeman
Keyword(s):  
Twentieth Century ◽  
African American ◽  
Black Women ◽  
Jim Crow ◽  
White Male ◽  
Main Argument ◽  
Male And Female ◽  
Black Women's History ◽  
The Relationship ◽  
Over Time

The Introduction presents the book’s main argument that Madam C.J. Walker was not simply a charitable entrepreneur, but rather a great African American and American philanthropist who practiced a distinctive racialized and gendered approach to giving that simultaneously relieved immediately felt needs in her community and thwarted the systemic oppression of the Jim Crow system. The chapter begins by articulating Walker’s embodied philosophy of philanthropy as a “gospel of giving” that started in her twenties when she was a poor, suffering migrant in St. Louis and expanded as she gradually acquired wealth and other resources over time. Her model of giving contrasted greatly with prevailing contemporary approaches by elite white male and female philanthropists who waited until late in their lives to give after accumulating or acquiring wealth. The chapter explores reasons for the absence of Walker and African American donors from major historical fields that have examined philanthropic giving in America. It uses black women’s history to overcome this omission by situating Walker within the larger context of the activism, community work, and fundraising of nineteenth- and twentieth-century black clubwomen, churchwomen, and educators. The chapter constructs generosity as a framework for naming and reclaiming black women as philanthropists. It concludes by noting how Walker, as an example of black women’s giving, challenged core assumptions about the relationship between philanthropy and wealth, women, African Americans, and business. The result is a presentation of black women’s generosity as a long-standing, deeply rooted historical tradition of philanthropy that is alive and well today.

Revolution or Rejection?

2021 ◽  
Vol 114 (3) ◽  
pp. 417-429
Author(s):  
John Cavadini
Keyword(s):  
Birth Control ◽  
Natural Law ◽  
Second Order ◽  
American Catholicism ◽  
Change Over Time ◽  
Humanae Vitae ◽  
Level I ◽  
Over Time ◽  
Order Reflection

Mark S. Massa’s The Structure of Theological Revolutions: How the Fight Over Birth Control Transformed American Catholicism is a study on two levels. On one level, it is a study of the responses of select American moral theologians to Pope Paul VI’s 1968 encyclical on contraception, Humanae vitae (hereafter, HV). On another level, it is a second-order reflection on these theological responses, using them as data, as it were, for a theory about how theology changes or does not change over time. The book certainly succeeds on the first level. I am not sure, however, that that success translates easily to the second level. To the extent that it is possible, I would like to work with these levels successively, even if, for Massa, the two are accomplished simultaneously, since the narration of the “brilliance” (passim) of the individuals treated is tied to the narration of how each of them radically broke with the paradigm of natural law that Massa claims is enshrined in HV.

Sign in / Sign up

Export Citation Format

Share Document