Law

Tara Smith, “Objective Law” [Atlas Intellectuals]

In this week of the self-paced course on Objectivity we feature Tara Smith’s “Objective Law”. Smith (Ph.D., Johns Hopkins University) is professor of philosophy at the University of Texas and author of Judicial Review in an Objective Legal System (Cambridge University Press, 2015). Our Executive Summary gives eight key points from Smith’s 13-page article. The full course […]

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Tabarrok on police privileges

Brief, thoughtful post: “police union privileges are only one part of a system and reform requires system-thinking. Nevertheless, getting rid of these special privileges, including so-called qualified immunity and restoring the equal rule of law are good places to start. Need I also mention that police should not keep fines and forfeitures …” Source: https://marginalrevolution.com/marginalrevolution/2020/06/police-union-privileges-revisited.html.

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Death penalty in 1400s central Europe

“By the mid-fifteenth century crimes subject to the death penalty … included the following: rebellion, fraud, bigamy, incest, arson, theft, adultery, carrying off a woman against her will, blasphemy, moving signs of property boundaries, attacking someone, high treason, child murder, using dishonest weights and measures, murder, counterfeiting, rape, attempted suicide,* striking someone to death, converting

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Male and female incarceration rates in the USA

The chart indicates that about fourteen adult males are incarcerated for every adult female who is. Also, on lengths of sentences: “males received 12 percent longer prison terms than females after ‘controlling for the offense level, criminal history, district, and offense type.’” Follow-up questions: 1. Do males collectively commit 14 times the number of crimes

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Revolutionary justice: French versus American style

In 1770, tensions were high between the American colonists and their British rulers. Anxious soldiers confronting an angry mob precipitated the Boston Massacre. Eight soldiers were then put on trial for murder. The lawyer John Adams was a strong American patriot, yet he took on the defense of the British soldiers. His purpose was explicitly

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What Good is Religious Freedom? Tara Smith article in Arkansas Law Review

Tara Smith has a very good article reinvigorating and extending the philosophical arguments for religious freedom: “What Good is Religious Freedom? Locke, Rand, and the Non-Religious Case for Respecting It” (Arkansas Law Review 69:4). Along the way she discusses the arguments and counter-arguments of John Locke, Brian Leiter, Jeremy Waldron, Ayn Rand, and others. Direct

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