Category Archives: Law

Islam as philosophical dead end

Classical (622 to c.940) and early medieval Islam was a civilisation and period with a rich philosophical tradition. Yet Islam became a philosophical dead end, an example of how societies, indeed, an entire civilisation, can stop supporting philosophy as a significant autonomous realm of enquiry. Islam is a civilisation where religion swallowed philosophy, with consequences we are still […]

Prenuptial and post-nuptial agreements in the High Court

So, y’all would have noticed that I don’t post much on this blog any more, but I still occasionally blog over at Opinions on High, the Melbourne Law School blog covering the decisions of the High Court of Australia, where I am one of the editors (along with Professor Jeremy Gans). I’ve just written a […]

It’s all happening

I’m not usually given to quoting Bill Lawry around these parts, but the last week has been somewhat…busy. For good reason, though. First, the Cato Institute published the entirety of my ‘Author’s Note’ from Kingdom of the Wicked, where – in an attempt to avoid having my writing horribly misinterpreted – I set out how I’d […]

Why I am voting Yes in the SSM postal survey (but won’t be telling anyone else how to vote)

It probably won’t surprise anyone who knows me well that I’ll be voting “Yes” in the Same Sex Marriage postal survey. After all, I’m a small-l liberal, non-religious legal academic with many friends in same-sex relationships. I’m the stereotypical “Yes” voter. But I have become increasingly concerned that the “Yes” vote will not win, despite […]

Stop with the projecting

If you assume some factor is behind everything, it is very easy to find it everywhere you look–you just project it onto phenomena. Marxists assumed everything was driven by class dynamics and–surprise, surprise—they found it everywhere they looked. As a friend of mine said to me years ago; Marxist academics didn’t look for evidence, they […]

Public policy: discovery and bargaining or applied knowing?

Is public policy a discovery process which takes into consideration the diverse interests, experiences and perspectives of the political nation (however defined–in a democracy, that is supposed to be the entire citizenry) or is it an engineering problem, an application of applied knowing? There is, of course, a lot of engineering at the implementation level […]

The Perfect Soldiers

LA Times journalist Terry McDermont’s study Perfect Soldiers: The 9/11 Hijackers, Who They Were, Why They Did It goes into the otherwise unremarkable lives of the 9/11 hijackers, firmly establishing that family background had nothing to do with their suicidal jihadism. Most did not come from particularly religious families; one, Ziad Jarrah from Lebanon, apparently did […]

Can a contemporary Western country have a moral immigration policy with a reasonable risk level?

The intense, and highly moralised, debate over migration in the West is clearly based on a widespread presumption that it is obviously possible for contemporary Western societies to have a moral migration policy. That proposition, when examined, is much more dubious than it might appear. It is obvious that people moving to the West from […]

Moral sensibility and modernity

Religions have rituals and doctrines: mechanisms of participation and belief. They also engender moral sensibilities that provide ways of normatively framing the world regarding people, places, social arrangements. Most Swedes, for example, are not believing or actively participating Lutherans, yet centuries of Lutheranism being the overwhelmingly dominant flavour of religion has deeply influenced Swedish moral sensibility. When folk try […]

Black boxes, the rectification of names and the revival of slavery

The Chinese sage Kong Qiu (551-479 BC) (Kongzi “Master Kong”), known to the West as Confucius–which is derived from Kong Fuzi “Grand Master Kong”–had a doctrine Zhèngmíng, normally translated as “rectification of names“. There is a straightforward statement of the doctrine in the Analects: A superior man, in regard to what he does not know, shows a cautious reserve. If names […]