Talking About Natural Law With Children

Last Thursday, thanks to New York City public schools taking a ‘mid-winter break,’ my daughter accompanied me to Brooklyn College and sat in on two classes. My students, as might be expected, were friendly and welcoming; my daughter, for her part, conducted herself exceedingly well by taking a seat and occupying herself by drawing onContinue reading “Talking About Natural Law With Children”

A Persistent Difficulty In Teaching Philosophy Of Law

This semester, I’m teaching Philosophy of Law–again. My syllabus, as always, is a new one, and reflects an altered orientation and focus from those of days past. The current edition is fairly simple: it kicks off with Lon Fuller‘s ‘The Case of the Speluncean Explorers,’ excerpts from H. L. A Hart‘s The Concept of Law,Continue reading “A Persistent Difficulty In Teaching Philosophy Of Law”

Nietzsche’s Inversion Of Natural Law In The Genealogy Of Morals

The radically constructive nature of legal and economic concepts emerges quite clearly in the brilliant second essay of The Genealogy of Morals. Here, Nietzsche sets out his view of how the concept of a contract creates persons, how the ethical subject is not found but made. For Nietzsche, the law, a set of human practices,Continue reading “Nietzsche’s Inversion Of Natural Law In The Genealogy Of Morals”

CS Lewis’ Mere Christianity: Masterfully Flawed Apologetics

CS Lewis‘ Mere Christianity is rightly acknowledged as a masterpiece of Christian apologetics; it is entertaining, witty, well-written, clearly composed by a man of immense learning and erudition (who, as befitting the author of the masterful Studies in Words, cannot restrain his delightful habit of providing impromptu lessons in etymology.) Lewis is said to have induced conversionsContinue reading “CS Lewis’ Mere Christianity: Masterfully Flawed Apologetics”

Lon Fuller On The Inability Of The Judiciary To Police The Police

In The Morality of Law: Revised Edition (Yale University Press, New Haven, 1969), Lon Fuller writes: In this country it is chiefly to the judiciary that is entrusted the task of preventing a discrepancy between the law as declared and as actually administered. This allocation of function has the advantage of placing the responsibility in practiced hands, subjectingContinue reading “Lon Fuller On The Inability Of The Judiciary To Police The Police”

Arendt, the Problem of ‘The Absolute’ and Revolutionary Fascination by Antiquity

There are many, many remarkable passages in Hannah Arendt‘s On Revolution, which forms part of my reading list for this fall semester’s Political Philosophy seminar. In particular, there is a profusion of them in Chapter 5, ‘Novus Ordo Saeclorum’. Here Arendt offers an analysis of the problem of legitimacy of post-revolutionary government i.e., the problemContinue reading “Arendt, the Problem of ‘The Absolute’ and Revolutionary Fascination by Antiquity”

Geertz on Comparative Anthropology and the Law-Fact Distinction

(Continuing my series of notes on Clifford Geertz’s Local Knowledge: Further Essays in Interpretive Anthropology, Basic Books, New York, 1983; earlier notes appear here and here.) Geertz’s Local Knowledge: Fact and Law in Comparative Perspective (first presented as the Storrs Lectures for 1981 at Yale Law School; an online version is available) should be essential reading for philosophers of law.Continue reading “Geertz on Comparative Anthropology and the Law-Fact Distinction”