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Contributors THE EDITORS Jonathan Crowe is Professor of Law at Bond University. His research explores the rela- tionship between law and ethics at both theoretical and applied levels. His most recent book, Natural Law and the Nature of Law (CUP, 2019), provides a systematic defence of natural law ideas in ethics, politics and jurisprudence. Constance Youngwon Lee is a Lecturer in Law at Central Queensland University and a PhD Candidate in Law at the University of Queensland. Her PhD thesis, entitled John Calvin’s Constitutional Theology, examines the implications of Calvin’s natural law theory for constitutional law and governance. THE AUTHORS Amalia Amaya is Research Professor in the Institute for Philosophical Research, National Autonomous University of Mexico. Nicholas Aroney is Professor of Constitutional Law at the University of Queensland. Jonathan Burnside is Professor of Biblical Law at the University of Bristol. Catherine Carol is a PhD Candidate in Philosophy at the University of Queensland. Eoin Carolan is Professor of Law at University College Dublin. Gary Chartier is Distinguished Professor of Law and Business Ethics at La Sierra University. Michael Detmold is Emeritus Professor of Law at the University of Adelaide. Richard J. Dougherty is an Associate Professor of Politics at the University of Dallas. George Duke is an Associate Professor of Philosophy at Deakin University. Jere L. Fox is an Associate Professor of Law and Management at La Sierra University. Norman P. Ho is an Associate Professor of Law at the Peking University School of Transnational Law. Nadirsyah Hosen is a Senior Lecturer in Law at Monash University. Yannick Imbert is Professor of Apologetics at Faculté Jean Calvin, Aix-en-Provence. T. H. Irwin is Emeritus Professor of Ancient Philosophy at the University of Oxford. vii Jonathan Crowe and Constance Y. Lee - 9781788110044 Downloaded from Elgar Online at 09/27/2021 07:50:00PM via free access viii Research handbook on natural law theory Jonathan A. Jacobs is Professor of Philosophy at the John Jay College of Criminal Justice, City University of New York. Anthony J. Lisska is Maria Theresa Barney Professor of Philosophy at Denison University. Vincent Lloyd is an Associate Professor of Theology and Religious Studies at Villanova University. Tim Murphy is a Senior Research Fellow in the Department of International Law, Ecclesiastical Law and Philosophy of Law, Universidad Carlos III de Madrid. Anna Taitslin is a sessional Lecturer and Tutor at the Australian National University and the University of Canberra. David VanDrunen is Robert B. Strimple Professor of Systematic Theology and Christian Ethics at Westminster Seminary California. Augusto Zimmermann is Professor of Law at Sheridan College, Western Australia. Jonathan Crowe and Constance Y. Lee - 9781788110044 Downloaded from Elgar Online at 09/27/2021 07:50:00PM via free access.

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Human Fallibility and the Separation of Powers
COMMENT HUMAN FALLIBILITY AND THE SEPARATION OF POWERS The limits of human knowledge is one of Hayek’s most enduring insights, writes Jonathan Crowe umans are fallible—and this fallibility of powers in modern administrative democracies is the hardest thing for us to grasp. and a plea for the importance of humility in public We have limited knowledge—and the life. The separation of powers is integral to modern limits of our knowledge routinely governance—but we can never take it for granted, Hprevent us from realising just how much we do because the very reasons that make it important not know. Our reasoning processes are vulnerable also explain why officials fail to honour it. to various forms of distortion and bias—and these distortions and biases often cause us to overlook Epistemological fallibility our own partiality. We are prone to favour familiar Humans have limited powers of knowledge and people and concepts over the unfamiliar—and deliberation. These limitations apply to all kinds of our lack of understanding of other viewpoints human decisions, but they are particularly acute at prevents us from realising the ways in which we the governmental level. Political actors must make marginalise them. We are susceptible to temptations decisions on a daily basis about what laws and that lead us to go against our conscience—and policies are best suited to organise the community. these temptations also provide incentives not to However, a human community scrutinise our behaviour. is a hugely complex institution. Humans are fallible, but the way our society It encompasses a large number is structured inevitably means that some humans of individuals with their own gain power to make decisions that impact on the diverse preferences and life plans.
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Downloaded from Elgar Online at 10/02/2021 10:54:28AM Via Free Access Viii Research Handbook on Natural Law Theory
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Jonathan Crowe
Jonathan Crowe Faculty of Law Phone: +61 7 3955 1291 Bond University Email: [email protected] Gold Coast, Queensland 4229 Papers: bond.academia.edu/JonathanCrowe Australia Appointments Professor, Faculty of Law, Bond University, 2016-present Associate Professor, T. C. Beirne School of Law, University of Queensland, 2012-16 Senior Lecturer, T. C. Beirne School of Law, University of Queensland, 2008-12 Visiting Scholar, Philosophy Department, Georgetown University, January-June 2010 Lecturer, T. C. Beirne School of Law, University of Queensland, 2005-08 Tutor, T. C. Beirne School of Law, University of Queensland, 2002-04 Tutor, Philosophy Department, University of Queensland, 2002 Education PhD, Law and Philosophy, University of Queensland, 2006 Thesis: Existentialism, Liberty and the Ethical Foundations of Law Examiners: John Gardner (Professor of Jurisprudence, University of Oxford and Visiting Professor, Yale Law School) and Tom Campbell (Professorial Fellow, Centre for Applied Philosophy and Public Ethics, Charles Sturt University) Dean’s Commendation for Outstanding Research Higher Degree Thesis, Graduate School, University of Queensland LLB with Honours Class IIA, University of Queensland, 2002 BA with Honours Class I in Philosophy, University of Queensland, 2000 Publications Books 1. Jonathan Crowe, Natural Law and the Nature of Law, complete manuscript currently under re- view by Cambridge University Press 2. Rebecca Ananian-Welsh and Jonathan Crowe (eds), Judicial Independence in Australia: Contem- porary Challenges, Future Directions (Federation Press, 2016) (in press) 3. Jonathan Crowe, Legal Theory (Thomson Reuters, 2nd ed., 2014) Jonathan Crowe 2 4. Jonathan Crowe and Kylie Weston-Scheuber, Principles of International Humanitarian Law (Ed- ward Elgar, 2013) Marco Sassóli, University of Geneva: ’This is a concise and nuanced overview of International Humanitarian Law (IHL).
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