CiNii Books - Legal reasoning : collected essays
They reach the conclusion that “moral challenges can be successfully dealt with and minimized using ethical decision models and ethics audits” in order to prevent dissatisfied lawyers from leaving the legal community.
Legal Reasoning Essay Examples | Kibin
I am not contending that there should be no limit to the right of making endowments, except a limit of time. There are strong reasons against permitting them to be so made as to tie up land from alienation. It is a matter of course that they should not be permitted for any purpose definitely illegal. I say “definitely,” because the English common law has a number of vague formulae under cover of which almost anything of which the judge disapproves may be declared unlawful. But there are also employments of money which have so mischievous an effect, that they would most likely be prohibited, if it could be done without improper interference with individual liberty; and such an application of funds, though the State may be obliged to tolerate, it may be right that it should abstain from enforcing, on the mandate of the owner, after his death. Of this sort are most of the so-called doles; indiscriminate distributions of sums of money among the poor of a particular place or class, the effect of which may be to pauperise and demoralise a whole neighbourhood. In such cases, until the expiration of the term during which testamentary directions in general may be allowed to be valid, the intention of the testator should be respected so far as it is not mischievous; the departure from it being limited to the choice of an unobjectionable mode of doing good to the persons, or the sort of persons, whom he intended to benefit; as, for instance, by appropriating to a school for children what was destined for alms. And it is important that even this minor degree of interference should be exercised with great reserve. The State is not entitled to consider, so long as the fixed term is unexpired, what mode of employing the money would be most useful, or whether it is more wanted for other purposes. No doubt this would often be the case; but the money was not given to the State, nor for general uses. Nothing ought to be regarded as a warrant for setting the donor’s dispositions prematurely aside, but that to permit their execution would be a clear and positive public mischief.
After outlining the understanding of the relationship between law and morality that John Paul II articulates in Evangelium Vitae, Kalscheur discusses the understanding of the differentiated relationship of law and morality developed in the work of John Courtney Murray, S.J.
Alice’s Adventures, Abductive Reasoning and the Logic …
the question which required to be argued on the subject of endowments, was the right of the State to interfere with them: not merely the right to bring them back to their original purpose when by the corruption or negligence of the managers it had been departed from, but the right to change altogether the application designed by the founder. This question now scarcely needs further argument. Discussion, and the progress of political thought, have done their work. We have well-nigh seen the last of the superstition which allowed the man who owned a piece of land or a sum of money five hundred years ago, to make a binding disposition determining what should be done with it as long as time or the British nation should last; which, after limiting an owner’s power to tie up his property in favour of individuals to the term of a single generation, thinks it spoliation to disobey his orders after the lapse of centuries, when their apparent purpose is connected with religion or charity. These prejudices had nearly ceased to be formidable, even before they received their death-blow from the triumphant passage through the House of Commons of the proposal for disendowing the Irish Protestant Church. Whoever voted, or would vote, for that great measure of justice and common sense, indicates his opinion that the jurisdiction of the State over Endowments extends, if need be, to an entire alteration of their purposes; and even those whose political or ecclesiastical partisanship ranges them on the other side, find it consistent with their principles to propose alternative plans, as subversive as disendowment itself of the legal rights vested by the endowment in collective or fictitious public persons. There is, as on all other great questions, a minority behind the age; which is as natural as that there should be minorities in advance of it. But with the bulk of the nation the indefeasibility of endowments is a chimera of the past; so much so, that those who fought hardest against this superstition when it was alive, are now likely to find themselves under the obligation, not of re-arguing a gained cause, but rather of checking the reaction to a contrary extreme, which so generally succeeds the defeat of an old error, when the conflict has been long.
Past And Present Interactions In Legal Reasoning And …
However, she asserts that Bernard’s writings “reveal a surprising openness, breadth and flexibility that enlightens some of the timeless themes of legal ethics.” Among these themes is a religious vision of lawyers as public servants, a searching examination of the distortions of greed and ambition, and a recognition of the limitations of litigation.
Past And Present Interactions In Legal Reasoning And Logic ..
The editors have collected a wide variety of essays written by legal, government, and philosophy scholars who admire Father Francis Canavan and his work on Catholicism and the Catholic intellectual tradition.