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Old 02-01-2010, 08:06 PM   #120 (permalink)
roachboy
 
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baraka---i think that works if you believe in that quaint notion of natural law.

the pope does. this afternoon he used it to make the fine argument that laws which assure equal access/treatment to things like adoption or marriage impinge on freedom of religion, which that fine fellow the pope defined for a minute around the possibility of discriminating against people the community of the faithful don't like.

anyway, natural law is a strange thing. it makes most sense as a reaction against the last phases of monarchical legal theory according to which all law emanated from the person of the king. well one of them. maybe not the material one. the other one. read kantorowicz and it'll all make sense.

but outside that context, what the fuck is natural law?
but without it the idea that there *Are* rights that kinda float around somehow that only need be shaped or limited makes no sense.
but i digress.

loquitors posts are really interesting in this thread. stuff to consider.
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