2024 Vaughan Lecture: Joel Alicea, "The Natural Law Moment in Constitutional Theory"
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- Опубліковано 22 тра 2024
- On April 9, Harvard Law School welcomed Joel Alicea ’13, co-director of the Project on Constitutional Originalism and the Catholic Intellectual Tradition, and associate professor of law at The Catholic University of America Columbus School of Law, to deliver the Herbert W. Vaughan Memorial Lecture, "The Natural Law Moment in Constitutional Theory." Jack Goldsmith, Learned Hand Professor of Law, gave introductory remarks.
He is not as "darkly exciting" as Vermeule (with his weird integralist and Schmitteean references) but he is surefooted. Solid. Knows his Saint Thomas. Knows his stuff. Much better.
Although he gives some ground, through his originalism, in restricting shooting from the hip in applying moral opinions to adjudication, perhaps he could have mentioned the principle of subsidiarity as indicating the point of balance between judicial activism and judicial restraint. This to forestall a possible authoritarianism from the bench. (Authoritarianism being a form of immorality!) He also gives an important clue as he affirms the connection of the Natural Law Theory with Popular Sovereignty. Subsidiarity is a consequence of Popular sovereignty. Subsidiarity harmonizes the elements of the sociopolitical organism in view of the common good. One can then combine the high purpose with the light toucn.
Also this. I do think that there is a kind of "originalist" triumphalism going on here which ignores some of the darker aspects of the originalist phenomenon. Cornel West is telling us something important when he says that one cannot and must not remove one´s gaze from the catastrophes that have shaped human and American history. During Reconstruction and also in the 1960s the U.S. was forced to deal with its catastrophes. The Civil War helped to focus our vision of that which is truly Original in our Constitution and which Originalism has largely shown itself to be oblivious to. Chomsky tells us something important when he says that the neo-liberals were not simply defending classical liberalism (Adam Smith) but at least in some respect undermining popular sovereignty by giving so-called rights to corporations that formerly only belonged to persons, so-called rights to influence politics, to favor their own private interests, and to corrupt governmement: Citzens United--and that this has lead us to a weakening of the fabric of Democracy and the Rule of Law. Many of these moves were made in the period starting with Reagan. This history intertwines with that of Originalism. Originalism has thus a dark side which one should not assimilate to Catholic Thought or Natural Law Tradition. There are tares with the wheat.
I want to see one video of way the laws or some laws or many lawyer and judges protect the abuser and corrupt people because of they’re money I can’t believe that things occurred in America laws too and that is too bad if is the money is before the people in the laws because I crossing for that right now ? ? ?🧐
I know you all are really talented and very clever people. But the world is not at peace and even broke out the conflict at this moment despite the fact that we could learn the end of the conflict from history. Could you all please do the lecture about world peace for people all over the world.
You're a legend.