In the 303 Creative case before the Supreme Court, Colorado officials assert that all proprietors who open their services to the public have a duty to serve any potential customer on demand. But ...
The law must stand above the powerful, and we should worry when the law is suspended or disregarded. But where is the law to be found? Most of the law consists of important fictions which live in...
How to achieve a lasting peace in our cultural conflicts is the great difficulty remaining for us. We should not paper over important differences. But, as Andrew Koppelman and Adam MacLeod demons...
Despite Andrew Koppelman’s good-faith efforts, he has not accurately stated important, fundamental convictions of religious liberty proponents concerning the character of moral reasoning and th...
Andrew Koppelman surely is correct that a same-sex couple must find it humiliating and embarrassing to be turned away from a wedding vendor. He is also right that the costs of using public law to...
Hobbes’ thin conception of natural law cannot sustain all the activities of a fully flourishing community, but it does appeal to those who live in fear of losing their basic security. Many peop...
No one can say with precision how many people this virus will infect or kill. Predictions are difficult. But we know some things about ourselves, so we can venture to say what this unusual moment...
A major source of political division in America is the difference between those who believe in essences and those who follow intersectionality. Those who hold theories of intersectionality believ...
America’s relations with China should proceed from the recognition that the Chinese government is lawless. China flouts the rule of law, not occasionally or incidentally but characteristically,...
Among the universal, fundamental rights every person enjoys is the right to leave his nation of origin. Yet the right to leave does not entail the right to enter a specific nation.
Kansas’s Supreme Court randomly festooned its recent decision on abortion with impressive terms, without making the slightest effort to learn the terms’ meanings. The court identifies “comm...
Common-law marriage can never entirely be abolished. The duties of marital relations are generated and vested by the actions of the parties themselves.
Understood as an expression of the common law commitments on which it was built, our Constitution still supplies common terms in which we might re-transform our civic discourse into something rat...
Our Constitution is not just positive law, stipulated and contingent on political will. American constitutions do incorporate pre-positive law, often expressly. And that law is neither mere text,...
Though Legislated Rights is primarily written for legal philosophers, it bears important lessons for all who work to secure human rights in law. It challenges conventional views about the suprema...
When we lie to ourselves about the moral status of other human beings, we not only unjustly injure other people, we also injure ourselves and our culture. We transform ourselves into a people who...
Though our political institutions are designed to be secular and non-sectarian, our laws rest on Christian ideas about what we owe each other as human beings made in the image and likeness of God...
State officials and judges cannot comply with the Supreme Court’s ruling in Masterpiece simply by articulating facially neutral reasons for decisions that punish people for acting on the unders...
Social conservatives are right to oppose proposed legislation that would ban therapy to help those experiencing unwanted same-sex attraction or gender identity confusion. But they’re wrong to s...
Same-sex parenting advocates are calling on states’ rights to define the legal relationship between parent and child. What they seek is the power to write the record of a child’s origins and ...
Just as governors, abortionists, and sexual-identity activists enjoy legal protection for their property rights, so do religious business owners.
In their new book, Ryan T. Anderson and Sherif Girgis make a strong case for pluralism and ordered liberty, while John Corvino drafts a blueprint for a comprehensive despotism that would consume ...
The implications of John Corvino, Ryan T. Anderson, Sherif Girgis’s well-argued debate reach far beyond the latest round in the culture wars. They go to the foundations of the American experime...
A new book highlights the shared anthropology and social thought of Abraham Kuyper and Pope Leo XIII without glossing over their differences.