A backdoor to policy making: the use of philosophers by the Supreme Court

Article Abstract:

Courts should not use philosophical arguments to make legal decisions. Philosophers work in a theoretical realm that is not concerned with institutional boundaries or legal precedent. Judicial decisions have practical implications within a political system that has cultural references and historical imperatives. The US Supreme Court was correct to disregard a brief filed by six notable American philosophers arguing for a constitutional right to die when the Court upheld a state's right to ban assisted suicide in Vacco v. Quill and Washington v. Glucksberg.

Analysis, Usage, Philosophy, Judicial process

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Sympathy, community, and promising: Adam Smith's case for reviving moral consideration

Article Abstract:

Adam Smith espoused a theory of emotion and reason by which gratuitous promises supported by moral consideration would be legally enforceable. Moral consideration refers to the love and affection that are the usual basis for donative promises between family members. Under traditional contract law, promises supported only by moral consideration are not legally enforceable. Smith's argument that gratuitous promises engender expectations that the law ought to enforce is a bold challenge to the modern orthodoxy.

Beliefs, opinions and attitudes, Ethical aspects, Promise (Law), Smith, Adam (Economist), Consideration (Law), Contracts, Gratuitous, Gratuitous contracts

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The Court of International Trade's political party diversity requirement: unconstitutional under any separation of powers treaty

Article Abstract:

The President may not appoint more than five members of the nine-member Court of International Trade from a single political party. This provision is unconstitutional under either of two theories of separation of powers.

Standards, Laws, regulations and rules, Political parties, Separation of powers, United States. Court of International Trade

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