How Law Lost Its Way
Episode # 174 — Adam J. MacLeod
“The laws of nature, which all nations observe alike, being established by a divine providence, remain ever fixed and immutable.”
(Corpus Juris Civilis)
This week, I got the opportunity to discuss a recent piece (here) in Touchstone Magazine by Adam J. MacLeod entitled “How Law Lost Its Way: An Abandoned Ruling Principle & How to Get It Back.” In it, Adam discusses the role of practical reason in the development of law and the change that took place after the Enlightenment toward a positivistic conception of law rooted in power and force.
We discuss his move to Texas, the meaning of the rule of law and how it was developed throughout history, the role of deliberation in the legal process, how the law was lost through power jurisprudence, and much more.
Adam is Professor of Law at St. Mary’s University (profile) and a Senior Research Fellow of the Center for Religion, Culture and Democracy (for more).
Enjoy!