Online research in philosophy

This article posits the use of Thomistic natural law as the content for a moral constitutional interpretation. Surveying the history of natural law, from the Roman period through modernity, it concludes that the dynamic theory of natural law put forth by Aquinas provides the best baseline for a natural law / moral interpretation of the United States Constitution. The most apparent consequence of using this dynamic conception of natural law is that ostensibly antithetical case law, such as Plessy / Brown and Bowers / Lawrence, can be seen as consistent with then prevailing interpretations of what constitutes the proper scope of constitutional provisions. Plessy and Bowers can be seen as products of a then prevailing constitutional interpretation of due process and equal protection that was rendered obsolete by evolving principles of political morality and equality in society in general. The result was Brown and Lawrence. It is the evolution of interpretation, in this context, that fits with the Thomistic conception of natural law, and it is for that reason that this conception provides such a fertile touchstone for gauging constitutional interpretation across generations.

The philosophical and natural law basis of the American order: remote and immediate ancestors -- The declaration and its constitution: linking first principle to necessary means -- A structurally-divided, but workable, government -- A limited government of enumerated power -- A government mindful of dual sovereignty -- A fair government -- A government commitment to freedom -- A government commitment to equality -- A government of imperfect knowledge of inkblots, liberty and life itself.

The notion that individuals have the right to define their identities, as fickle as those identities may be, is an important constitutional value that, among others, is embraced by our constitutional system. Through many different mechanisms we shape our identities and select how to project them. Those identity-formation tools include decisions we make regarding the way we choose to live our lives in fundamental matters. One important constitutional hook on which this value hangs, in U.S. and Puerto Rico Constitutional Law, is decisionmaking privacy. The article considers how identity-definition in Puerto Rico and United States constitutional law may be used to bolster legal and political claims in contexts such as intimate sexual relations, same-sex marriage and unconventional family relations. Because the Constitution of Puerto Rico is a result of the combination of different constitutional traditions, our right to privacy is infused with American and Continental notions of privacy and human dignity. It thus provides an ideal context to analyze decisionmaking privacy as a constitutional repository for identity-definition values.

The essays in this volume, which includes contributions from the flag bearers of several competing schools of constitutional interpretation, provides an ...

This book explores two basic questions regarding constitutional theory. First, in view of a commitment to democratic self-rule and widespread disagreement on questions of value, how is the creation of a legitimate constitutional regime possible? Second, what must be true about a constitution if the regime that it supports is to retain its claim to legitimacy? Howard Schweber shows that the answers to these questions appear in a theory of constitutional language that combines democratic theory with constitutional philosophy. The creation of a legitimate constitutional regime depends on a shared commitment to a particular and specialized form of language. Out of this simple observation, Schweber develops arguments about the characteristics of constitutional language, the necessary differences between constitutional language and the language of ordinary law or morality, as well as the authority of officials such as judges to engage in constitutional review of laws.

The conundrum of the unconstitutional constitution -- The quest for a compelling unity -- The permeability of constitutional borders -- The sounds of silence : militant and acquiescent constitutionalism -- "The first page of the constitution" : family, state, and identity.