June marks the one year anniversary of Ius & Iustitium. We started this blog because we recognized a growing dissatisfaction with the mainstream conservative legal movement in the United States, and we perceived a hunger for a better alternative. The blog went live two days after Bostock and two weeks before June Medical, two Supreme Court decisions that have rightfully shaken the faith in the conservative legal movement’s ability to deliver on its promises. But the Ius & Iustitium project goes deeper than that. What we propose is a fundamental re-thinking of jurisprudence that rejects the positivism and liberalism embedded in mainstream conservative legal thought and embraces the classical legal tradition.
We are grateful to our readers and humbled by the enthusiastic response the blog has received. While we are not the first to call for the recovery of the natural law tradition or a greater appreciation for the genius of the ius commune, we relish the opportunity to bring these ideas to a larger audience at a time when they are increasingly relevant. Indeed, today there is a growing recognition that law shapes the culture, morals, and faith of a society. The assumptions of the conservative establishment are being questioned: Why shouldn’t the law promote the common good? Why should we embrace a libertarian approach while our opponents seek to impose their vision of the good?
Ius & Iustitium has reached a broad audience including practicing lawyers of all stripes, judges, academics, policymakers, and even non-lawyers who recognize that legal and political questions are closely linked. We are also pleased to have readers—and contributors—from around the world. Engaging with and drawing upon the wisdom of non-U.S. perspectives is crucial to enriching our understanding of the classical legal tradition. Finally, it is no secret—and a cause of consternation for some—that Ius & Iustitium has caught the attention of many law students and law clerks. The future looks bright for our project and we look forward to continuing the work in the months and years ahead.
Below are a few highlights of the first year:
Common-Good Constitutionalism: A Model Opinion
The Significance of Roman Law for the Development of European Law
Originalism and the tyranny of values
Introductory Texts in Natural Law, Roman Law, and Canon Law [Spanish Version]
Canon Law and Political Discourse: What the Church Can and Must Offer Politics
Jurisprudence as a Subaltern Science
Imperare aude! Dare to command! (Part I) (Part II)