In three major cases at the end of June, the Supreme Court has relied upon a “history and tradition” test to define the scope of constitutional rights and federal powers. Writing for the Court in D…| Ius & Iustitium
After a hiatus, Ius & Iustitium is happy to resume publishing pieces on law and the classical legal tradition. Ius & Iustitium welcomes submissions from academics, practicing lawyers, and s…| Ius & Iustitium
2021 marked the 700th anniversary of Dante’s death and saw the publication on March 25 of Pope Francis’ Candor Lucis Aeterna, a lucid analysis of Dante and his work. This is the fourth and final of a series of Ius et Iustitium pieces by Aníbal Sabater discussing lawyers in the Divine Comedy. The first three… Continue reading Dante’s Lawyers from Heaven: Justinian→| Ius & Iustitium
Ius & Iustitium welcomes submissions from academics, practicing lawyers, and students interested in the classical legal tradition. The author is a recent federal judicial law clerk. I. Events of the last month provide a case study in the question of how originalists relate legal theory to legal practice. On August 10, originalist law professor and Federalist… Continue reading Section Three of the Fourteenth Amendment and the Imprudence of Originalism→| Ius & Iustitium
Ius & Iustitium welcomes submissions from academics, practicing lawyers, and students interested in the classical legal tradition. The author is a recent federal judicial law clerk. What follows is a response to Alicea’s reply to an article published on I&I and available here. Joel Alicea, the foremost defender of the position that positivism and natural law… Continue reading Joel Alicea’s Failed Counter-Offensive: Further Notes on Political Authority and Natural Law→| Ius & Iustitium
Patrick Gray, professor of literature at the new University of Austin (UATX), was recently interviewed on Peter Adamson’s podcast The History of Philosophy Without Any Gaps. He argues there that Shakespeare was combating a neo-Senecan ethics of autonomy in much the same way that common good conservatives today combat the liberal/Kantian ethics of autonomy: Rome… Continue reading Shakespeare as a Common Good Conservative→| Ius & Iustitium
What do we want copyright law to do, and who do we want it to protect? At the end of the day, those are the questions driving the decision in Andy Warhol Foundation for Visual Arts, Inc. v. Goldsmith. Behind all the analysis of market factors, review of decades-old licensing agreements, and the surprisingly rancorous… Continue reading Prince, Pop Art, and the Purpose of Copyright→| Ius & Iustitium
William Baude’s recent lecture “Beyond Textualism?” has been making the rounds in conservative circles, including a response here from Adrian Vermeule and Connor Casey welcoming Baude’s agreement that the natural law would have been accepted as “unwritten law” among the Founders. Baude has responded on Twitter that his position is not new and in fact… Continue reading Accept No Substitutes→| Ius & Iustitium
Conor Casey & Adrian Vermeule[1] On 28th February, William Baude of the University of Chicago Law School delivered the annual Scalia Lecture at Harvard Law School,[2] titled “Beyond Textualism?”—with startling results. Startling but also welcome, as we will explain. The main question posed by Baude at the outset of his lecture is whether textualism is… Continue reading The Owl of Minerva and “Our Law”→| Ius & Iustitium
Ius & Iustitium welcomes submissions from academics, practicing lawyers, and students interested in the classical legal tradition. Adam Candeub is Professor of Law and Director of the Intellectual Property, Information & Communications Law Program at the Michigan State University College of Law. The Supreme Court last week heard oral arguments Gonzalez v. Google—its first opportunity… Continue reading The Supreme Court’s First Crack at Section 230(c)(1)→| Ius & Iustitium
Ius & Iustitium welcomes submissions from academics, practicing lawyers, and students interested in the classical legal tradition. The author is a recent federal judicial law clerk. “ATHENIAN: …| Ius & Iustitium