Reacting Against the Pope's Reaction Against "Legalism"

"If you love Me, keep My commandments."
Love and precepts go together. God knew we need instructions on how to be happy here on earth and be a good neighbor, unto eternal life. https://t.co/TTn1Tn67RQ

— Dr. Maike Hickson (@HicksonMaike) October 20, 2021

The Bergoglian Revision of Penal Law

Here’s a short article I contributed to @iusetiustitium reflecting on what Pope Francis’s revision of penal law in Book VI of the Code of #CanonLaw tells us more generally about the Church and the place of law within it: https://t.co/t1FGYD3k9y

— Fr James Bradley (@FrJamesBradley) July 29, 2021

Spot the Flaw

Pope Francis’s comments about charity and the penal law in his recent reform of canon law ought to inform how we think about civil law, too. https://t.co/P9gZp8tCaG

— Ius & Iustitium (@iusetiustitium) June 30, 2021

The purported link between charity (a supernatural infused virtue) and civil law. That the observance and execution of law should be motivated by charity is unquestionable; whether this can be legislated by a human authority is the dubious part, and this applies to ecclesial law as well. What matters for human law is the justice of the external action that is commanded (or prohibited).

A Common Good Approach to Constitutionalism?

Here is the video of 'Toward a Common Good Approach to Constitutionalism' with @Caseyco231 It was a great conversation in our 'What is the Common Good?' series and we hope you enjoy it as much as we enjoyed hosting Conor. https://t.co/0rtQCGz9ey

— CommonGoodProject (@CommonGoodProj1) March 18, 2021

St. Maximos on the Reception of Divine Wisdom

A Christian receives divine wisdom in three ways: by the commandments, teachings, and faith. The commandments free the mind from passions. Teachings lead it to true knowledge of nature. Faith leads to the contemplation of the Holy Trinity.
St. Maximus the Confessor pic.twitter.com/2V7mbvlDXZ

— Trisagionfilms (@TrisagionFilms) March 13, 2021

Christian Legal Thought. Materials and Cases by Patrick M. Brennan and William S. Brewbaker III.

https://t.co/AutfTRaiRr

— University Bookman (@ubookman) January 14, 2021

West Academic and companion site

Ulpian's Principles

Remember the wisdom of Ulpian! https://t.co/tXNXeraAmT pic.twitter.com/mz4p6xIVYK

— Norbert Filemon (@FilemonNorbert) November 26, 2020

TCA Podcast with Vermeule and Deneen

This discussion by ⁦@GChristiemd⁩ with ⁦@Vermeullarmine⁩ and then ⁦@PatrickDeneen⁩ is compulsory listening for all sound (and even unsound) people on the unwritten constitution, the Leviathan state & Liberalism’s unmourned passing. https://t.co/Emh4awTvhd

— Gray Connolly (@GrayConnolly) October 7, 2020

TCA Podcast Ep 74

Aquinas and Hobbes on Law

Hobbes and Aquinas differed not only concerning human nature but also concerning the nature of law. https://t.co/dn50vSK0xZ pic.twitter.com/n8EX6nabig

— Public Discourse (@PublicDiscourse) September 11, 2020

The Public Discourse

Voluntarism? Nominalism?

OUP: Political Theology of International Order by William Bain

Defenses and critiques of modern politics will ultimately come back to the choice between a metaphysics of inherent order or divine fiat, so which should we choose? https://t.co/lgv4xL7DN0

— Richard Reinsch (@Reinsch84) August 28, 2020

Theological Roots of the Secular World Order by Nathaniel Peters

Did people with power and influence really believe in legal voluntarism? Or were they just acting in accordance with their appetites? Is this sort of genealogy, putting the blame on late medieval theology/philosophy for "modernity" really still useful, in comparison with a proper study of history?

Etymology as Philosophy

A wonderful figura etymologica. And one with an interesting history... https://t.co/H0oFlNeGCo

— Flavius Clemens Grammaticus (@flaviusclemens) August 6, 2020

the whole thread

Academic Discussion of Law

Has rights talk exceeded its bounds? Is contract law bourgeois? Do we need a separate right of non-discrimination? What is legitimacy? Is international law truly law?

Some questions addressed at our launch of the Cambridge Companion to the Philosophy of Law last week. https://t.co/HL2RJXYiV3

— John Tasioulas (@JTasioulas) July 21, 2020

Lex Regia

The tyrannical Lex Regia?, by @smithpatrick08 https://t.co/hLIc81JDUq

— Ius & Iustitium (@iusetiustitium) June 18, 2020

P. Smith seems to suppose that Integralism: 'A Manual of Political Philosophy' attempts to criticise Roman Law and the Lex Regia. In fact, the book criticises only codification and the misreading of the Lex Regia as an account of the origin of civil legitimacy as such.

— Fr Thomas Crean OP (@crean_fr) June 19, 2020

The Wages of Sin

"The literary canon of Hebrew-speaking ancients does not distinguish between philosophical & religious principles [as] Athenian Greeks did, yet a conviction that human miscreance corrupts the ecosystem & personal health alike is everywhere apparent."https://t.co/dOxD8JiLbP

— Josh Hochschild (@JoshHochschild) May 13, 2020

"To determine whether and to what extent the wages of sin are indeed an 'etiologic' antecedent of death we apply the concepts and methods of epidemiology, the science of the distribution and determinants of disease across populations."

— Josh Hochschild (@JoshHochschild) May 13, 2020

Law 101

How do we understand the law? According to the mind of the legislator, and in the case of the Constitution, according to the mind of the states who ratified it.

Chronicles: Faux Originalism by Mark Pulliam

In response to the activism of the Warren Court (and the marginally better record of the subsequent Burger Court), conservatives in the 1970s, led by Robert Bork, advocated a jurisprudence of “original intent”—hewing to the original meaning of the Constitution, based on its text and history. Following decades of heedless activism, this was a bold position. In a 1982 article in National Review, Bork famously stated that “The truth is that the judge who looks outside the Constitution always looks inside himself and nowhere else.” Like the boy who pointed out that the emperor was naked, Bork’s critique was devastating.

Famed jurist Antonin Scalia and others tweaked “original intent”—which focused on the subjective intentions of individual Framers—into a more general inquiry into the original public meaning of the constitutional provisions when they were enacted and ratified. How were the words understood at the time they were adopted? This is the central doctrinal question of constitutional originalism.

Will Vermeule eventually concede this? Or will he stick to his error of judging "originalism" to be a form of "legal positivism"?

Law and Leviathan

In 2018, @CassSunstein and I published a piece connecting administrative law with Lon Fuller’s account of law’s morality. (For a valuable response: https://t.co/DnDCybyuHE). Two years later, our project is almost finished. Release date is September 15! https://t.co/dl8HbRz5FU

— Adrian Vermeule (@Vermeullarmine) May 1, 2020

Eduardo Echeverria on Latin Moral Teaching

CWR: No, @JamesMartinSJ, the analogy between slavery and homosexuality does not hold by Eduardo Echeverria
The moral laws, whose core is the Ten Commandments, retain their direct and unchanging validity, on the grounds of the objective moral law.

Canon law is first and foremost medicine?

What Use Is Canon Law to Parishioners? (via Byz TX)

A False Opposition Between Commandment and Love?

I hope the podcast is better than the summary. Law or commandment pertains to reason, love to the will, and God Himself gives us a commandment to love Him and to love our neighbor as ourselves.

The First Commandment

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