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Abstract: This paper explores the question whether the normativity of tradition gives us reasons to preserve the norms of equity (more or less) in their historical form, i.e., as separate from neighboring common law doctrines. The main target of the paper are arguments that call for the...
Abstract: This article aims to dispel the confusion over no-right by drawing attention to three straightforward points, and by examining a neglected source of complexity. The former embrace the practical significance of a no-right within Hohfeld’s scheme; the important difference between the...
Lee J. Strang, Originalism’s Promise: A Natural Law Account of the American Constitution Cambridge: Cambridge University Press, 2019 Whatever else it is, originalism is hard work. Retrieving the original public meaning of historical constitutional texts requires substantial legal and historical...
Rowan Cruft, Human Rights, Ownership, and the Individual Oxford: Oxford University Press, 2019 When, in the late Middle Ages, the idea of an individual right first began clearly to emerge from an older understanding of right ordering, few could have anticipated the long and problematic...
Law, love, and freedom are among the central concepts of the Western philosophical and legal tradition, and Joshua Neoh’s ambitious book ranges widely over that tradition to show how these concepts are related, their roots in theological sources, and how they came to be secularized in modernity....
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