In the Theory of Morality, Alan Donagan has a concise discussion of the morality of contracts. At one point he makes the following plausible argument,
Obviously, the normal conditions of the existence of a contract are not fulfilled if the promisee misunderstands what the promiser intends. … a promiser is morally bound to perform whatever he [...]
Entries Tagged as 'Jurisprudence'
Sovereignty and The Treaty of Waitangi
February 6th, 2010 12 Comments
Tags: Jurisprudence · Sovereignty · Treaty of Waitangi
Can State Appropriation of Minerals in Privately Held Land be Justified? Resources Needed
January 20th, 2010 15 Comments
I am currently undertaking my second-to-last paper in pursuit of my Bachelor of Law (LLB). Due to a complicated bunch of factors involving the potential staleness of my papers, if I do not apply to the New Zealand Council of Legal Education for a completion certificate with an LLB and a Professional Legal Studies certificate [...]
Tags: Jurisprudence · Law Studies · Minerals · Mining Law · Property Rights · Sub-Soil Land Rights
Religious Restraint and Public Policy: Part VI
December 3rd, 2009 No Comments
In my last posts, beginning Religious Restraint and Public Policy: Part I, I set out the doctrine of religious restraint and critiqued some of the key arguments in support of it. I looked at the objection that the argument from respect is too thin, that applied consistently it excludes too much and Audi’s response to [...]
Tags: Christopher Eberle · Doctrine of Religious Restraint · Freedom of Religion · Jurisprudence · Law Studies · Lydia McGrew · Nicholas Wolterstorff · Phillip Quinn · Philosophy of Religion · Political Philosophy · Public Policy · Religion and Public Life · Robert Audi · Stephen Carter · Terence Cuneo
Religious Restraint and Public Policy: Part V
November 30th, 2009 1 Comment
In my last posts, beginning Religious Restraint and Public Policy: Part I, I set out the doctrine of religious restraint and critiqued some of the key arguments in support of it. I looked at the objection that the argument from respect is too thin, that applied consistently it excludes too much and Audi’s response to [...]
Tags: Christopher Eberle · Doctrine of Religious Restraint · Edward Feser · Freedom of Religion · Jurisprudence · Law Studies · Philosophy of Religion · Political Philosophy · Public Policy · Religion and Public Life · Terence Cuneo
Religious Restraint and Public Policy: Part IV
November 27th, 2009 No Comments
In my last posts, beginning Religious Restraint and Public Policy: Part I, I set out the doctrine of religious restraint and critiqued some of the key arguments in support of it. I looked at the objection that the argument from respect is too thin, that applied consistently it excludes too much and Audi’s response to [...]
Tags: Christopher Eberle · Doctrine of Religious Restraint · Freedom of Religion · Gerald Gaus · Glenn Peoples · Jurisprudence · Law Studies · Philosophy of Religion · Political Philosophy · Public Policy · Religion and Public Life · Robert Audi · Terence Cuneo
Religious Restraint and Public Policy: Part III
November 25th, 2009 3 Comments
In my last posts, beginning Religious Restraint and Public Policy: Part I, I set out the doctrine of religious restraint and touched on some criticisms of it. I looked at and critiqued some of the key arguments in support of the doctrine of religious restraint. In this post I will look at the objection that [...]
Tags: Christopher Eberle · Doctrine of Religious Restraint · Freedom of Religion · Gerald Gaus · Glenn Peoples · John Rawls · Jurisprudence · Law Studies · Nicholas Wolterstorff · Philip Quinn · Philosophy of Religion · Political Philosophy · Public Policy · Religion and Public Life · Robert Audi
Religious Restraint and Public Policy: Part II
November 24th, 2009 2 Comments
In my last post, Religious Restraint and Public Policy: Part I, I set out the doctrine of religious restraint and touched on some criticisms of it. In this post, I begin looking at and critiquing some of the key arguments in support of the doctrine of religious restraint.
II Arguments for the Doctrine of Religious [...]
Tags: Christopher Eberle · Doctrine of Religious Restraint · Freedom of Religion · John Rawls · Jurisprudence · Law Studies · Lydia McGrew · Matthew Flannagan · Nicholas Wolterstorff · Philosophy of Religion · Political Philosophy · Public Policy · Religion and Public Life · Robert Audi
Religious Restraint and Public Policy: Part I
November 23rd, 2009 28 Comments
In this series I set out the doctrine of religious restraint, the idea that in a pluralistic, liberal, society religious beliefs should not be utilised in the formation of public policy. I note that this doctrine entails an asymmetrical treatment of religious and secular beliefs, which appears to conflict with the central notion of liberal [...]
Tags: Christopher Eberle · Doctrine of Religious Restraint · Freedom of Religion · Jurisprudence · Law Studies · Nicholas Wolterstorff · Philip Quinn · Philosophy of Religion · Political Philosophy · Public Policy · Religion and Public Life · Stephen Carter · Terence Cuneo
The Foreshore and Seabed Repeal: The Inconvenience of Due Process
July 2nd, 2009 14 Comments
That the state is not above the law but also subject to it is surely one of the foundational concepts of any just and free society. This notion has found its place in the writings of many influential philosophers, jurists and theologians, it can be found in the constitutions and bills of rights of most [...]
Tags: Foreshore and Seabed · Human Rights · Jurisprudence · Justice · Liberty
David Bain 111 Call "I Shot the Prick" – Court Decisions Available Online UPDATED AGAIN
June 11th, 2009 3 Comments
Did David Bain tell the 111 operator “I shot the prick” on discovering the dead bodies of his family?
This evidence was originally suppressed “until completion of the re-trial” as, per Wilson J,
The probative value of the disputed sounds is very modest, but the risk of prejudice resulting from their introduction into the trial is very [...]
Tags: Jurisprudence · Justice
