A Candid World
Jun. 30th, 2010 10:45 amOne of the blogs I read is Submitted to a Candid World, written by a fairly-recently graduated lawyer. At any rate, the author had two exceptionally interesting articles in recent days.
First, the author talked about Empathy and the rule of law, using Shakespeare's The Merchant of Venice as a case study. Merchant doesn't get performed much, primarily because Shylock's treatment is seen to be anti-semitic. But the Candid World author argues that Shylock should have lost his case. A proper understanding of the rule of law would expect that "supervening notions of justice ought to defeat a technically lawful but morally deficient claim." In short, empathy. It's an interesting read.
Second, the author commented on the recent case McDonald V. Chicago which struck down Chicago's gun ban. Here, the author argued that Taking rights seriously means taking guns seriously. In short, if the First Amendment applies to the states, so does the Second. Perhaps ironically, the reason these amendments apply is because the 14th Amendment says they do. Again, an interesting read.
First, the author talked about Empathy and the rule of law, using Shakespeare's The Merchant of Venice as a case study. Merchant doesn't get performed much, primarily because Shylock's treatment is seen to be anti-semitic. But the Candid World author argues that Shylock should have lost his case. A proper understanding of the rule of law would expect that "supervening notions of justice ought to defeat a technically lawful but morally deficient claim." In short, empathy. It's an interesting read.
Second, the author commented on the recent case McDonald V. Chicago which struck down Chicago's gun ban. Here, the author argued that Taking rights seriously means taking guns seriously. In short, if the First Amendment applies to the states, so does the Second. Perhaps ironically, the reason these amendments apply is because the 14th Amendment says they do. Again, an interesting read.