Jonathan Crowe

Total Page:16

File Type:pdf, Size:1020Kb

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). The structure is unusual. While the book reflects the state of the law with accuracy and sobriety, it nevertheless shows the idealist and philosophical ambitions of the authors. Legal issues are often discussed within a wider moral and ethical context. The authors add many basics on human rights and the enforcement of international law, which [...] ensure the reader understands the wider picture.’ Reviewed by Chelsea Zimmerman in (2014) 21(2) Human Rights Brief 38: ’[T]he book provides a clear and concise explanation of fundamental principles of international humanitarian law. The authors successfully incorporate the philosophical, ethical, and legal context [...] Crowe and Weston- Scheuber have skillfully developed a text that is accessible and adaptable to a diverse group of readers’. 5. Suri Ratnapala and Jonathan Crowe, Australian Constitutional Law: Foundations and Theory (Ox- ford University Press, 3rd ed., 2012) This edition contains significant revisions, rewrites and new material. I contributed two entirely new chapters and was responsible for substantially revising and updating approximately half of the existing text. 6. Jonathan Crowe, Legal Theory (Thomson Reuters, 2009) Book Chapters 7. Jonathan Crowe, Metaphysical Foundations of Natural Law Theories, in George Duke and Robert P. George (eds), The Cambridge Companion to Natural Law Jurisprudence (Cambridge Uni- versity Press, 2016) (in press) 8. Jonathan Crowe, The Race Power, Federalism and the Value of Subsidiarity for Indigenous Peoples, in Jennifer Nielsen, Jeremy Patrick and Simon Young (eds), Constitutional Recognition of Indigenous Australians: Comparative and Critical Perspectives (Federation Press, 2016) (in press) 9. Jonathan Crowe, Human, All Too Human: Human Fallibility and the Separation of Powers, in Rebecca Ananian-Welsh and Jonathan Crowe (eds), Judicial Independence in Australia: Contem- porary Challenges, Future Directions (Federation Press, 2016) (in press) 10. Jonathan Crowe and Rebecca Ananian-Welsh, Introduction, in Rebecca Ananian-Welsh and Jonathan Crowe (eds), Judicial Independence in Australia: Contemporary Challenges, Future Direc- tions (Federation Press, 2016) (in press) 11. Jonathan Crowe, Small Justice: The Rights of the Other Animal, in Peter Atterton and Tamra Wright (eds), Face-to-Face with Animals: Levinas and the Animal Question (Duquesne University Press, 2016) (in press) 12. Jonathan Crowe, Integrity and Truth in Law’s Empire, in Lokendra Malik (ed.), Law and Dignity: Essays in Honour and Memory of Professor Ronald Dworkin (Oxford University Press, 2016) (in press) Jonathan Crowe 3 13. Jonathan Crowe, Judgment: U v U (2002) 211 CLR 238, in Heather Douglas, Francesca Bartlett, Trish Luker and Rosemary Hunter (eds), The Australian Feminist Judgments Project: Righting and Rewriting Law (Hart, 2014) 365 Reviewed by Heather Roberts in (2015) 35 Legal Studies 558: ’As the (Australian) judiciary remains male-dominated, "Justice" Jonathan Crowe’s decision is important symbolically as a rejection of the sexist assumptions [...] that feminist reasoning is something only women judges do.’ 14. Jonathan Crowe, Normativity, Coordination and Authority in Finnis’s Philosophy of Law, in Mark Sayers and Aladin Rahemtula (eds), Jurisprudence as Practical Reason (Supreme Court Library Queensland, 2013) 95 15. Jonathan Crowe, Pre-Reflective Law, in Maksymilian Del Mar (ed.), New Waves in Philosophy of Law (Palgrave Macmillan, 2011) 103 16. Jonathan Crowe, The Loneliness of the Referee, in Ted Richards (ed.), Soccer and Philosophy (Open Court, 2010) 347 Reviewed by John Heilpern in the Wall Street Journal (9 June 2010): ‘Jonathan Crowe’s wonderful essay is particularly appealing [...], revealing the loneliness of the referee in a new and sympathetic light.’ Translated into Portuguese as Jonathan Crowe, A Solidão do Juiz (2010) 50 Piauí 68 17. Jonathan Crowe, Levinasian Ethics and the Concept of Law, in Desmond Manderson (ed.), Essays on Levinas and Law: A Mosaic (Palgrave Macmillan, 2009) 39 Reviewed by Joshua Shaw in Notre Dame Philosophical Reviews (13 June 2009): ‘Jonathan Crowe [...] persuasively argues that Levinas would deny Hart’s claim that there is no necessary connection between law and morality.’ Journal Articles 18. Jonathan Crowe, Human Fallibility and the Separation of Powers (2016) 32 Policy (in press) 19. Jonathan Crowe, Natural Law Theories (2016) 11 Philosophy Compass 91 20. Jonathan Crowe, Justice Remembered (2015) 40 Australian Journal of Legal Philosophy (in press) 21. Jonathan Crowe, The Limits of Legal Pluralism (2015) 24 Griffith Law Review 314 22. Jonathan Crowe and Constance Youngwon Lee, Law as Memory (2015) 26 Law and Critique 251 23. Constance Youngwon Lee and Jonathan Crowe, The Deafening Silence of the ’Comfort Women’: A Response Based on Lyotard and Irigaray (2015) 2 Asian Journal of Law and Society 339 24. Jonathan Crowe, Natural Law and Normative Inclinations (2015) 28 Ratio Juris 52 25. Jonathan Crowe, Ethics and the Mediation Community (2015) 26 Australasian Dispute Resolution Journal 20 26. Jonathan Crowe, Law as an Artifact Kind (2014) 40 Monash University Law Review 737 Jonathan Crowe 4 27. Jonathan Crowe, Coherence and Acceptance in International Law: Can Humanitarianism and Human Rights be Reconciled? (2014) 35 Adelaide Law Review 251 28. Jonathan Crowe, Radicalising Hayekian Constitutionalism (2014) 33 University of Queensland Law Journal 379 29. Lisa Toohey and Jonathan Crowe, The Illusory Reference of the Transitional State and Non- Market Economy Status (2014) 2 Chinese Journal of Comparative Law 314 30. Jonathan Crowe, Law Without the State (2014) 30(2) Policy 7 31. Jonathan Crowe, Natural Law Anarchism (2014) 7 Studies in Emergent Order 288 32. Jonathan Crowe and Peta Stephenson, Reimagining Fiscal Federalism: Section 96 as a Transi- tional Provision (2014) 33 University of Queensland Law Journal 221 33. Jonathan Crowe, Fraud and Consent in Australian Rape Law (2014) 38 Criminal Law Journal 236 34. Jonathan Crowe and Peta Stephenson, An Express Constitutional Right to Vote? The Case for Reviving Section 41 (2014) 36 Sydney Law Review 205 35. Jonathan Crowe, Between Morality and Efficacy: Reclaiming the Natural Law Theory of Lon Fuller (2014) 5 Jurisprudence 109 36. Jonathan Crowe, International Humanitarian Law and the Challenge of Combatant Status (2014) 2 International Law Annual 17 37. Jonathan Crowe and Constance Youngwon Lee, Constitutionalism, Power and Equality in Contemporary Korea (2013) LAWASIA Journal 113 38. Jonathan Crowe, The Role of Contextual Meaning in Judicial Interpretation (2013) 41 Federal Law Review 417 39. Jonathan Crowe, Clarifying the Natural Law Thesis (2012) 37 Australian Journal of Legal Philos- ophy 159 Translated into Portuguese as Jonathan Crowe, Elucidação da Tese do Direito Natural, in Danilo Marcondes and Noel Struchiner (eds), Textos Básicos de Filosofia do Direito (Zahar, 2015) 40. Jonathan Crowe and Suri Ratnapala, Military Justice and Chapter III: The Constitutional Basis of Courts Martial (2012) 40 Federal Law Review 161 41. Suri Ratnapala and Jonathan Crowe, Broadening the Reach of Chapter III: The Institutional Integrity of State Courts and the Constitutional Limits of State Legislative Power (2012) 36 Melbourne University Law Review 175 42. Jonathan Crowe, Does Control Make a Difference? The Moral Foundations of Shareholder Liability for Corporate Wrongs (2012) 75 Modern Law Review 159 43. Jonathan Crowe, Levinas on Shared Ethical Judgments (2011) 42(3) Journal of the British Society for Phenomenology 233 Jonathan Crowe 5 44. Jonathan Crowe, Reasoning from the Ground Up: Some
Recommended publications
  • 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.
    [Show full text]
  • GCLP Newsletter Issue 4 October 2019
    ISSUE 4 OCTOBER 2019 (FOR THE PERIOD AUGUST 2018 - SEPTEMBER 2019) GCLP NEWSLETTER Message from the Co-Directors Professor Jonathan Crowe Associate Professor Danielle Ireland-Piper The year 2019 saw the Global and Comparative Law and Policy (GCLP) Network launch its first ‘social and legal change’ event under the leadership of Professor Jona- than Crowe. Three prominent survivors of sexual violence—Nina Funnell, Bri Lee and Saxon Mullins—shared their experiences with the legal system in a panel discussion Contact us: c/o Faculty of held at Bond University. The panellists reflected upon the challenges they encountered Law, Bond University, 14 in their cases and made suggestions for reform. University Drive, Robina QLD The GCLP also hosted a number of other events, including a guest lecture providing 4226 comparative perspectives on free speech, a seminar on global constitutionalism, and, Twitter: @GCLP_Network thanks to Assistant Professor Narelle Bedford, a NAIDOC Week event. The GCLP was further delighted to serve as co-host to the Chief Justice of the High Court of Australia, E: [email protected] or the Hon. Susan Kiefel AC. The Chief Justice delivered the 2109 Sir Gerard Brennan [email protected] lecture with her address ’How common is the common law? A historical and compara- Find us online: tive perspective’. The lecture was well-attended, including by the profession, staff, and bond.edu.au/gclp students. The research activities of many GCLP members caught the attention of the media, and a number also contributed ‘impact’ pieces, such as to The Conversation. GCLP members continue to contribute quality publications and several interesting comparative and international projects are underway.
    [Show full text]
  • Existentialism, Liberty and the Ethical Foundations of Law
    EXISTENTIALISM, LIBERTY AND THE ETHICAL FOUNDATIONS OF LAW JONATHAN GEORGE CROWE BA (Hons), LLB (Hons) Qld A thesis submitted for the degree of Doctor of Philosophy T. C. Beirne School of Law Department of Philosophy, School of History, Philosophy, Religion and Classics The University of Queensland March 2006 DECLARATION BY THE CANDIDATE I DECLARE THAT the work presented in this thesis is, to the best of my knowledge and belief, original and my own work, except as acknowledged in the text, AND THAT the material has not been submitted, either in whole or in part, for a degree at this or any other university. _________________________________ JONATHAN GEORGE CROWE ACKNOWLEDGEMENTS In completing an extended academic work, one invariably incurs substantial intellectual and personal debts. My intellectual debts, for the most part, appear sufficiently in the body of the thesis; I wish to focus here on the personal ones. Some debts, however, straddle the intellectual and the personal. My two academic advisors, Suri Ratnapala and Julian Lamont, fall into this category. I have benefited greatly from their patient and insightful comments. Perhaps even more importantly, I have profited from their examples of how to conduct oneself with integrity, openness and passion as a researcher, teacher and colleague. Many staff members at the University of Queensland have gone out of their ways to make me feel welcome in both the Law School and the Philosophy Department. I am grateful to them. I would also like to acknowledge the collegiality and support of my fellow doctoral candidates, particularly Pierre-Jean Bordahandy, Elizabeth Dickson, Lisa Toohey and David Willis.
    [Show full text]
  • A Defence of Roach V Electoral Commissioner I
    2019 The Narrative Model of Constitutional Implications 91 THE NARRATIVE MODEL OF CONSTITUTIONAL IMPLICATIONS: A DEFENCE OF ROACH V ELECTORAL COMMISSIONER JONATHAN CROWE* The role of implications in Australian constitutional law has long been debated. Jeffrey Goldsworthy has argued in a series of influential publications that legitimate constitutional implications must be derived in some way from authorial intentions. I call this the intentionalist model of constitutional implications. The intentionalist model has yielded a sceptical response to several recent High Court decisions, including the ruling in Roach v Electoral Commissioner that the Constitution enshrines an implied conditional guarantee of universal franchise. This article outlines an alternative way of thinking about constitutional implications, which I call the narrative model. I argue that at least some constitutional implications are best understood as arising from historically extended narratives about the relationship of the constitutional text to wider social practices and institutions. The article begins by discussing the limitations of the intentionalist model. It then considers the role of descriptive and normative implications in both factual and fictional narratives, before applying this analysis to the Australian Constitution. I argue that the narrative model offers a plausible basis for the High Court’s reasoning in Roach v Electoral Commissioner. I INTRODUCTION Constitutional implications have been controversial in Australia at least since Justice Isaacs railed against them in Amalgamated Society of Engineers v Adelaide Steamship Co Ltd.1 The controversy has been sustained by the role of implications in pivotal High Court decisions such as Australian Communist Party v Commonwealth and Melbourne Corporation v Commonwealth.2 It arguably * Professor of Law, Bond University.
    [Show full text]
  • Contributors
    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 consti- tutional 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.
    [Show full text]
  • Legal Obligation and Social Norms
    Jonathan Crowe* and Lucy Agnew** LEGAL OBLIGATION AND SOCIAL NORMS ABSTRACT HLA Hart famously argues that legal obligation is best understood by analysing law as a species of social rule. This article engages with recent work in social psychology and norm theory to critically evaluate Hart’s theory. We draw on the social intuitionist model of practical decision- making associated with Amos Tversky, Daniel Kahneman and Jonathan Haidt to argue that legal officials rely on holistic intuitive judgements to identify their legal obligations. We then explain the evolution and persistence of legal rules by reference to the theory of social norms offered by Cristina Bicchieri. This way of thinking about legal obligation lends support to Hart’s account of law as a social practice. However, it challenges other aspects of his views, such as the idea that the only necessary factor in determining the content of law is its socially recognised sources. It also casts doubt on Hart’s claim that legal obligation does not empirically extend beyond legal officials to other members of the community. Hart’s account can be adapted to meet these criticisms, but not without under- mining its commitment to legal positivism. I INTRODUCTION egal philosophy today is dominated, for better or worse,1 by legal positivism — the view that the only necessary factor in determining whether something Lcounts as law is recognition by social sources.2 A distinction is often drawn in * Professor of Law, Bond University. ** Graduate Lawyer, RBG Lawyers. The authors would like to thank the anonymous reviewers for their detailed and helpful comments.
    [Show full text]
  • Jurisprudence As Practical Reason: a Celebration of the Collected Essays of John Finnis
    Margaret White AO* JURISPRUDENCE AS PRACTICAL REASON: A CELEBRATION OF THE COLLECTED ESSAYS OF JOHN FINNIS EDITED BY MARK SAYERS AND ALADIN RAHEMTULA SUPREME COURT LIBRARY, 2013 122 PP ISBN 978 0 9872471 4 8 ohn Finnis attended Oxford University (University College) as a Rhodes Scholar for South Australia from 1962 to 1965 where his doctoral thesis supervisor was JH L A Hart whose highly influential The Concept of Law had been published the previous year.1 Finnis’ thesis topic was an examination of judicial power with particular reference to Australian federal constitutional law. Finnis taught briefly in other institutions including at University of California, Berkeley, and later as Head of Law at the University of Malawi on secondment from Oxford from 1976 to 1978. But he was, essentially, an Oxford man. He progressed from law tutor at University College from 1966 to Rhodes Reader in the Laws of the British Commonwealth and the United States from 1972 to 1989 and was elected Professor of Law and Legal Philosophy in 1989, holding that chair until his recent retirement. In 2011 Oxford University honoured Finnis with a five volume collection of selected essays and other of his papers covering 50 years in both academic and public forums. The Supreme Court of Queensland has marked this important event with a small volume of essays and recollections, edited by Mark Sayers, a legal philosopher and barrister in practice in Queensland and Aladin Rahemtula OAM, former Queensland Supreme Court Librarian, deep thinker and long-time admirer of Finnis’ work. The editors hope that this celebration will rekindle a more systemic interest in legal philosophy in this country and a recognition of the usefulness of natural law thinking in the resolution of the big and difficult questions, such as end-of-life decisions, abortion and same-sex marriage.
    [Show full text]
  • Nov/Dec Newsletter 2017
    ASPIRATIONS & INSPIRATIONS Law Research Newsletter November-December 2017 Conferences/Seminars On 18 December 2017, Professor William van Caenegem and participants from around the world gathered at the Australian Embassy in Paris for the second Interna- tional Comparative Colloquium on IP and Fashion: from Creator to Consumer. Partici- pants included representatives of the fashion design world, such as the IP Rights En- forcement Manager of Hermes International, the Director of Jewellery Design of Car- tier, and the former Legal Director, IP and Brand Protection, of Tommy Hilfiger and LVMH. The discussions were centred around the design of IP rules for the purpose of sup- porting creative fashion brands in the differing conditions of a number of jurisdictions. A number of comparative articles have now been published around this topic, co- authored by William van Caenegem, Violet Atkinson, Viv Azard and Julien Canlorbe. The importance of the Colloquium was highlighted in the opening address by Brenden Berne (Australian ambassador to France), who noted the impending FTA negotiations between the EU and Australia and deepening economic ties with France. A further colloquium or conference will be held this year. From L-R, Catherine Palmer - Principal Legal Counsel - Joseph, United Kingdom, Violet Atkinson – Bond University and Cronin Litigation, Australia, Jean-Claude Masson – IP Rights Enforcement Manager, Hermes International, Associate Pro- fessor Eleonora Rosati – University of Southampton and Attorney, Italy , Chair: Viviane Azard – Attorney,
    [Show full text]
  • Downloaded from Elgar Online at 10/02/2021 10:54:28AM Via Free Access Viii Research Handbook on Natural Law Theory
    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 consti- tutional 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.
    [Show full text]
  • Natural Law Anarchism
    STUDIES IN EMERGENT ORDER VOL 7 (2014): 288-298 Natural Law Anarchism Jonathan Crowe* Gary Chartier’s book, Anarchy and Legal Order (2013), makes a significant contribution to four distinct, albeit overlapping fields: natural law theory, libertarian and anarchist theory, philosophy of law and political philosophy. It builds on Chartier’s previous work in a series of books and articles exploring issues in natural law, anarchism and economic justice.1 The book is unconventional not only in defending market anarchism from a leftist perspective, but also for doing so within a natural law ethical framework. As a natural law theorist with market anarchist leanings, I am more sympathetic than many readers will be to Chartier’s project. However, the unconventional nature of the arguments is part of the work’s appeal. Chartier’s book uses the resources of the natural law tradition in ethics to defend a vision of law without the state. It therefore presents a theory of what might be termed natural law anarchism. Some readers may find this combination of views surprising. The most prominent contemporary defender of natural law ideas, John Finnis, heavily emphasizes the role of state institutions (1980).2 However, Finnis’s theory arguably gives a misleading picture of the relationship between natural law and the state. Natural law theory is, in fact, highly hospitable to anarchism. I wish to begin by drawing this out, since it helps put Chartier’s project in context. I will then look in more detail at some features of Chartier’s account. Natural Law and the State The natural law tradition in ethics, politics and jurisprudence is highly diverse.
    [Show full text]
  • The Internet and Ethical Values Been Much More Successful
    © Dong Wenjie/Getty Images © Dong Wenjie/Getty CHAPTER 1 The Internet and Ethical Values Many decades have passed since the first communications were trans- mitted over a fledgling global network, which would later be called the internet. At the time, few would have predicted the internet’s explosive growth and persistent encroachment on our personal and professional lives. For techno-optimists, the emancipatory promise of this technical infrastructure is still unfolding. As the internet matures it has become a more personal experience, thanks to the fusion of smartphones and social networks. Retrieving the latest news, an online search with Goo- gle’s help, listening to music, watching a YouTube video, and checking one’s Newsfeed on Facebook are just some of the activities done countless times each day with the help of apps and mobile devices.1 Some sovereignties, however, have felt threatened by this decen- tralized power and information egalitarianism. As a result, they have attempted to extend their power over this anarchic network and its information flows. However, the control of networked technologies through law and regulation has often been a futile effort. Technical infrastructures that expedite the flow of information can easily become a means for obstructing or excluding information. The regime of law has had a hard time suppressing the dissemination of pornography on the internet, but software systems that filter out indecent material have 1 © Jones & Bartlett Learning LLC, an Ascend Learning Company. NOT FOR SALE OR DISTRIBUTION. 2 Chapter 1 The Internet and Ethical Values been much more successful. This reality reflects technology’s paradox- ical nature—it not only endows individuals with the capacity to more fully exercise their rights (such as free speech), but it also makes possi- ble the development of tools that can undermine those rights.
    [Show full text]
  • Explaining Natural Rights: Ontological Freedom and the Foundations of Political Discourse
    EXPLAINING NATURAL RIGHTS: ONTOLOGICAL FREEDOM AND THE FOUNDATIONS OF POLITICAL DISCOURSE Jonathan Crowe* Introduction.............................................................................................71 I. The Explanatory Question..............................................................73 A. Nozick’s Theory of Rights .......................................................75 B. Ontological Freedom................................................................78 C. Sartre on Ontology and Politics..............................................81 II. The Analytical Question .................................................................85 A. Three Types of Rights ..............................................................86 B. Negative and Positive Freedom..............................................93 III. The Normative Question ................................................................98 A. Freedom, Value and Choice ..................................................100 B. Diversity and Exclusion.........................................................105 IV. Conclusion ......................................................................................110 * Senior Lecturer and Fellow, Centre for Public, International and Comparative Law, T. C. Beirne School of Law, University of Queensland. I would like to thank Tom Campbell, Maurice Goldsmith, Julian Lamont, Suri Ratnapala and Lisa Toohey for their helpful comments and suggestions. An earlier version of this article was pre- sented as part of the faculty seminar
    [Show full text]