Showing posts with label jurisprudence. Show all posts
Showing posts with label jurisprudence. Show all posts

Wednesday, September 23, 2026

Russian Bombs Usher Ukraine’s UN Address

Human nature itself must be attuned to walking out before a speech by political leaders who intentionally have enemy civilians killed and severely injured, and to being attracted to hear leaders who represent the victims. So, at the UN in September, 2026, many delegates at the UN’s General Assembly walked out before a speech by Israel’s Netanyahu, who was wanted by the International Criminal Court for crimes against humanity in Gaza (and arguably even in the West Bank), and Russia’s Putin did not even attend the opening session of speeches, whereas the address by Ukraine’s President Zelensky was to a full room. The contrast between Zelensky and the other two men could not be starker, and yet the UN was open to all three, serial violations of the UN Charter notwithstanding. The international organization can be said to have its legs wide open, and paradoxically to be impotent even with regard to enforcing its own charter. As a visiting research scholar at Harvard in 2025, I had the opportunity to speak personally with former UN officials, all of whom admitted that, given the vetoes in the Security Council, the UN itself could not even be reformed so the organization could even pass meaningful resolutions against a powerful member’s ally; something stronger at the global level would be needed if international law stood a chance of being enforced rather than merely given lip service. In 2026, even the notion of international law risked being relegated as an oxymoron, assuming that law itself—to be considered law rather than guideline or policy—requires a viable enforcement mechanism. To say that something is a law but is not enforced is to say that something really isn’t a law.


The full essay is at "Russian Bombs Usher Ukraine's UN Address."

Thursday, September 10, 2026

The Children Act

I contend that religion and science are two distinct and unique domains, and thus qualitatively different. It follows that they have their own distinctive criteria, which are rightly hegemonic in their respective domain. In other words, the criteria of religion should not be extended onto the domain of natural science, especially if in doing so the native criteria of science are eclipsed or overridden. Likewise, the criteria of science should not be superimposed into the domain of religion, especially if at the expense of the sui generis criteria of religion. The film, The Children Act (2017), demonstrates the problems entailed in imposing religious criteria onto medical science. An interesting question from having seen the film is whether any such hypertrophy of one domain’s criteria onto another domain inevitably incurs a narrowing of perspective and a corresponding warping of judgment.


The full essay is at "The Children Act."

Tuesday, August 11, 2026

Syria’s Bashar al-Assad: Guilty but Free

Because Syria’s government had not signed onto the Rome Statute, which renders governments and their respective officials subject to the International Criminal Court, including its arrest warrants and verdicts, Bashar al-Assad and his younger brother, Mahar, who were then in absentia under Putin’s protection in Russia, were not subject to the ICC when a Syrian court found the two brothers guilty of crimes against humanity and war crimes on August 11, 2026. The two men could evade the death sentences issued by their own country’s judiciary as long as they could be protected by the Russian president in Russia. Although an Israeli court had tried and convicted the Nazi Eichmann of crimes against humanity, so a precedent existed for national courts adjudicating that crime, the fact that Israel had to illegally kidnap Eichmann in Argentina and the al-Assad brothers could evade being held accountable for their horrendous crimes in Syria suggests that the right, proper, and effective court to hear cases on crimes against humanity, as well as war crimes, is international, such as the ICC. That court’s weakness, however, as in Syria, Russia, and Israel not being subject to that court’s jurisdiction, points to a hole in jurisprudence on crimes against humanity, assuming that the proper and necessary jurisdiction is rightly international rather than national. With the U.S. having recently announced a full-on attack on the ICC (and its prosecutors) at the behest of the indicted suspect Prime Minister Netanyahu of Israel, it could be asked whether the ICC was in a position to “fill the hole” in the jurisprudence of crimes against humanity (and war crimes), or whether a coalition of the willing of national governments would have to start from scratch to construct a new international criminal court (and block diplomacy and trade with any country not willing to be bound by the new international jurisprudence). The judicial case against the al-Assad brothers (and their maternal cousin, who was in the courtroom and thus could be held accountable by the national court for having led the 2011 Daraa crackdown) demonstrates the value in shoring up international jurisprudence on crimes against humanity (and war crimes).


The full essay is at "Syria's Bashar al-Assad."

Tuesday, June 30, 2026

Transgendered (Male) Athletes in Women Sports

While the 2026 World Cup was underway in North America, the U.S. Supreme Court handed down a ruling, which is to say, a judgment rationally argued, siding with member-states that did not permit “Y chromosome” students in public schools to play in on “XX chromosome” sports teams. Not being a writer who fecklessly evades controversial topics for fear of turning away some readers, I will attempt to tackle the jurisprudence and ethics of male athletes who self-identify as women playing in women sports such as American football in public schools.


The full essay is at "Transgendered (Male) Athletes in Women Sports."

Tuesday, May 12, 2026

Vendetta Violence: Israeli Settlers Sanctioned by the E.U.

What a difference even just a month can make. On 11 May, 2026, the E.U. enacted sanctions against “Israeli settlers over their violence against Palestinians in the West Bank, a move enabled by backing from Hungary’s incoming government.”[1] A month earlier, Viktor Orbán was the sitting prime minister of the E.U. state of Hungary. As a supporter of U.S. President Trump, who in turn supported Israel even in its decimation of Gaza razing entire cities into leveled ground for real estate “properties,” Orbán would have wielded Hungary’s veto in the European Council.


The full essay is at "Vendetta Violence."

1. Maia de la Baume, “E.U. Approves Sanctions on Israeli Settlers after Hungarian Backing,” Euronews.com, 11 May, 2026.

Wednesday, March 25, 2026

Nuremberg

It is said that history is written by the victors. The film, Nuremberg (2025), bears that out. Even though Justice Robert Jackson, the American prosecutor at the Nuremberg Nazi trial, compromises its integrity and thus breaches due process by pressuring Douglas Kelley, the psychiatrist assigned to the Nazi prisoners (most notably Goring), to obtain and pass on the defense’s strategy to Jackson, which Kelley does, the trial is presented nonetheless as legitimate and the Nazi prisoners as even deserving an unfair trial. Nevertheless, nations governed by the rule of law are never justified in putting on corrupt trials, or skewing them to push a particular ideology. The film itself is skewed to highlight the Nazi crimes against the Jews at the expense of delving more into the distinctly war crimes even though those crimes were just as important in the charges in the actual trial.


The full essay is at "Nuremberg."

Monday, March 2, 2026

Behind Political Culture: U.S. President Clinton’s Lying under Oath

The stature that comes with occupying (and even having occupied) public office, whether elected or appointed and especially if high office, combined with the ability to attract the attention of the media such that the (former) official’s statements have the credibility of pronouncements, and thus of being true rather than false statements, is rarely examined for what the stature and societal “mouth-piece” imply (i.e., veracity). A very high former elected representative who has even admitted lying under oath in a court proceeding back while in office can very easily be assumed decades later to be making a true statement by the public even though that statement is practically identical to the statement known (and admitted) to have been false. Even published photos that are strong evidence that the second statement is false can be dismissed by a public too liable to being beguiled by clever political birds of prey. I have in mind here the twin statements of Bill Clinton, who was the U.S. President for two terms in the 1990s and went on to associate with Jeffrey Epstein, the infamous head of the child-prostitute sex-ring, and at least one of his paid girls.


The full essay is at "Behind Political Culture."

Friday, February 13, 2026

The ECJ Castigates the Commission for Paying Off Hungary

In an opinion submitted to the European Court of Justice, which tends to follow the legal opinions the 11 Advocates General, Tamara Capeta recommended in February, 2026 to the Court that it “should annul the European Commission’s 2023 decision to disburse €10.2 billion” to the E.U. state of Hungary.[1] Capeta found that the state government had not sufficiently addressed “concerns over systemic corruption and rule of law violations” to qualify for the payment.[2] That the Commission released the payment nonetheless points to corruption at the federal level—in its executive branch in particular—and this charge against the Von der Leyen administration renders the charge against the Hungarian government rather ironic. Rule of law should apply (and be respected!) at both the federal and state levels for the E.U. to continue to be viable. This applies especially to the Commission, as it is tasked with enforcing E.U. laws, directives, and regulations as well as treaty obligations that the EU, including its state governments, have to other countries, whether they are federal unions (e.g., the U.S.) or independent states.  


The full essay is at "The ECJ Castigates the Commission for Paying Off Hungary."



1. Sandor Zsiros, “E.U. Court Challenges Controversial €10.2bn Payment to Hungary,” Euronews.com, February 12, 2026.
2. Ibid.

Sunday, December 14, 2025

The Reader

The film, The Reader (2008), captures a frame of mind that may be so frequently overlooked when it is observed because it is so bizarre in its impact on reasoning that it difficult to explain, let alone grasp for what it is. The phenomenon is not of artifice; rather, it is a natural vulnerability of the human mind, or brain, due to its susceptibility to ideology that is highly unethical in its content, including a circumscribed and even warped mental framework and very unethical prescriptions for conduct. The ideology at issue in the film is that of the Nazi Party in Germany from 1933 to 1945.  The truism that absolute power corrupts absolutely does not fully account for the cognitive warping that is evinced by Hanna Schmidt during her trial in the film.


The full essay is at "The Reader."

Thursday, August 28, 2025

Russia Damages E.U. Diplomatic Offices: Implications for International Law

Even though the Vienna Convention of 1961 includes protections for diplomatic and consular properties in active war-zones, Russia’s attack of 629 missiles and drones on Kiev, Ukraine, came within 50 meters of the E.U.’s diplomatic offices there late on August 27, 2025, severely damaging them but killing nobody in the E.U.’s delegation. The two bombs that hit nearby were enough to give the Europeans the impression that President Putin of Russia did not consider himself bound by international law in war. To the extent that fighting between two sovereign countries, Russia and Ukraine, fits Hobbes’ infamous state of nature, international law is really not law at all, for jurisprudence, including mutually acknowledged rights, requires an overarching polity to enact and enforce laws. So the E.U. could not enjoy a right to be sparred death and destruction at its diplomatic offices in Kiev during the war there, but the Union could claim another right at Russia’s expense within the E.U.’s territory.


A The full essay is at "Russia Damages E.U. Diplomatic Offices."

Wednesday, June 18, 2025

American Federalism and Equal Protection: Transsexual Children in Tennessee

On June 18, 2025, the U.S. Supreme Court ruled that a Tennessee law blocking transsexual children from being able to undergo puberty-blockers and gender-changing surgeries does not violate the Equal Protection clause of the U.S. Constitution. The court’s 6-3 opinion in U.S. v. Skrmetti was reported at the time to fall “largely along conservative-liberal lines.”[1] By this is mean ideological lines, both moral and political in nature. Such is grist for the mill for the broad judgment of an electorate, in what is otherwise known as popular sovereignty, which is superior to governmental sovereignty in a republic. Add in the fact that Tennessee is a member-state in a federal system in which the U.S. Supreme Court is on the federal level, and the broad judgment of the electorate takes on more significance to the extent that a federal system of an empire-scale union is in part supposed to take into account and protect interstate ideological differences that defy one-size-fits-all union-level policies. In other words, as cultural heterogeneity can be expected in going from state to state in an empire-scale union-of-states, efforts “from the top” to impose a single policy on every state do not allow the federation to breath. Political pressure could be expected to build over time if such a suffocating tendency eventuates, with the risk of dissolution increasing over time as if depreciation.


The full essay is at "American Federalism and Equal Protection."



1. Josh Gerstein, “Supreme Court Upholds Tennessee’s Ban on Gender-Affirming Care for Minors,” Politico.com, June 18, 2025.


Friday, April 18, 2025

On the Case Against Israel: The ICC and ICJ as Seeds

At first glance, the impotence of the International Criminal Court and the International Court of Justice once an order has been willfully ignored by a government may seem overwhelming. The continued atrocities in Gaza and Ukraine even amid court challenges fueled the argument that might makes right. Even so, the willful sense of impunity of the perpetrators and their enablers in other governments may trigger enough of a public adverse reaction that the courts and international law itself eventually come out stronger.


The full essay is at "On the Case Against Israel."

Thursday, March 20, 2025

Corporate Governance and Political Activism: The Case of Ben & Jerry's

When a company’s management decides to take a partisan position publicly on a political issue, especially one that is contentious, decreased revenue, whether from potential or actual consumers individually who disagree with the company’s position, or from an organized boycott from groups that stand against the position. Anger may be a stronger motivator than ideological agreement, in which case any increase in purchases would be less than the lost revenue. This asymmetry itself is interesting from the standpoint of human nature, and strongly suggests that CEO’s steer their respective companies, which managements operate on behalf of the stockholders anyway, away from taking controversial positions on social or political issues that do not directly and significantly pertain to the bottom-line (i.e., profitability) in the short- or medium-term. In short, wading into societal issues is, generally speaking, not good for business. What then about a company like the ice-cream manufacturer, Ben & Jerry’s, which from its inception had social/political activism as a salient part of the company’s mission?


The full essay is at "Corporate Governance and Political Activism."


Wednesday, January 1, 2025

Undermining the U.S. Supreme Court: Non-Jurisprudential Ideology and the U.S. Constitution

As in the case of the Roman Empire, which internal corruption likely weakened and even destroyed centuries after that empire had been a republic, modern republics are also not immune from internal decay. Even though political corruption can go under the radar, especially if systemic rather than merely episodic or around particular office holders, the subtle, gradual impact can be just as destructive than had Carthage defeated Rome’s general, Skippio Africanus, in north Africa. Making subtle decadence all the more embarrassing is the fact that it can be right under the noses of upstanding office-holders. I contend that this is the case with Chief Justice John Roberts of the U.S. Supreme Court.


The full essay is at "Undermining the U.S. Supreme Court."

Friday, December 22, 2023

The Colorado Supreme Court Bars Insurrectionist Trump: Who Should Ultimately Decide?

On December 19, 2023, Colorado’s Supreme Court ruled that Don Trump, a former U.S. president, had engaged in insurrectionist activity as a matter of fact, and furthermore, as a matter of law, the U.S. Constitution bars him from holding any office, including the presidency. With an appeal to the U.S. Supreme Court a certainty, realized even by the Colorado justices, and some notable (and very visible) Republicans arguing that the American people should have the final say on whether Trump will be president again beginning in 2025, the question of who should have the final say—the judiciary or the people—was pressing, and indeed, very important. I contend that the determination of fact should have been made by a jury in a criminal proceeding, and that even absent that, the ultimate decision should still be made prior to, and thus not during, the election, for the question is whether Trump can be listed as a candidate for the office. Ultimately, the tension lies between the value of a politics-free judiciary and democratic (majority) rule.


The full essay is at "The Colorado Supreme Court Bars Insurrectionist Trump."

Monday, September 4, 2023

On Trump’s Eligibility to Run for President: Who Decides?

The 14th Amendment of the U.S. Constitution “bans anyone who took an oath to uphold the Constitution but who subsequently ‘engaged in insurrection or rebellion against,’ or gave ‘aid or comfort of the enemies’ of the Constitution from seeking any federal or state office.”[1] Did Donald Trump, when he was President of the United States, engage in insurrection? Furthermore, who decides this and bars him from office?

The full essay is at "Deciding Trump's Eligibility." 


[1] S.V. Date, “Trump May Need Supreme Court To Say His Coup Attempt Does Not Violate Constitution,” The Huffington Post, September 2, 2023.

Monday, August 14, 2023

Judgment at Nuremberg

Judgment at Nuremberg (1961) is a serious film that enables the viewers to wrestle with the demands of justice for atrocities enabled by German jurists in NAZI Germany and the post-war emerging Cold War between the U.S. and the U.S.S.R., for which the American military needed the support of the German people against the Soviet Union. The film accepts the need of such support as being vital in 1947, when the actual trial took place (the film has it as 1948). To the extent that acceptance of this assumption is deemed spurious, the viewers would likely view the tension as being between the need for justice, a virtue, and expediency, a vice. Accordingly, the pressure from an American general on the prosecutor to recommend light sentences so not to turn the German people against the Americans and thus from helping them in the Cold War can be viewed as being astute political calculation in the political realist sense of international relations, or else undue influence or even corruption of a judicial proceeding. 

The full essay is at "Judgment at Nuremberg."



Wednesday, May 1, 2019

The Case for a Presiding President in Russia

On December 31, 2010, a Russian judge sentenced Mikhail Khodorkovsky, the Russian tycoon who had been imprisoned in 2003 after defying Vladimir Putin, to an additional six years in prison. According to The New York Times, "It was a politically tinged decision that undermined President Dmitri Medvodev."[1] Leonid Goman of the Right Cause Party in Russia agreed. "It was obviously a political, not a judicial, decision." He went on to say that in general terms, "corruption is endemic, government power is often abused and senior politicians are rarely, if ever, held accountable for misdeeds."[2]  Clearly, Prime Minister Putin was still very much in control in Russia.  His message was that wealthy businessmen should not interfere in Russian politics. What a contrast to American politics, especially after the U.S. Supreme Court's Citizens United case!  Khodorkovsky was at one time the richest person in Russia, having been one of the oligarchs who bought government assets at bargain prices after the fall of the USSR, but he financed opposition parties in a political system that was anything but democratic.



1. Clifford Levy, "Russia Extends Prison Sentence of Tycoon 6 Years,” The New York Times, December 31, 2010, p. A1.
2. Ibid. 

Monday, November 19, 2018

China: Mandating the Virtue of Filial Piety by Law

The founders of the United States, most notably Thomas Jefferson, John Adams, and Ben Franklin, held that for a republic to long endure, its citizenry must be virtuous and of a minimum education. Public education would be established, such that the common man could render a reasoned judgment at the ballot box. The dictum that the popular sovereign (i.e., the electorate) should be broadly educated resulted in law and medical schools in the U.S. requiring entering students to have a bachelor degree in another school before beginning the bachelor’s degree in the professional school. In short, public policy is an effective means of providing a people with the opportunity to gain an education, which at least in theory enhances the wisdom of a self-governing people. 
Virtue is another story. Law seems ill-equipped to form a virtuous people. It is one thing to outlaw vice in its outward conduct; how can legislation instill virtue within a soul?  Mandating virtuous conduct, such as in Massachusetts’ “Good Samaritan” law, may be possible where the conduct is in public and thus readily enforceable. Virtue within the home is far more difficult for the law to reach and thus foster. Even vice behind closed doors, such as incest as well as physical and emotional abuse more generally, is difficult for police to catch. To an extent, property rights enable such vice and allow people the option of not being virtuous in a family context.  Yet in countries in which an authoritarian state trumps even property rights, such as China, the question becomes whether legislation is the sort of thing that can foster or mandate virtuous conduct and even a virtuous character.[1] 

Filial piety, one of the fundamental Confucian virtues
 Image Source: WUJIFA

The full essay is at "Mandating a Virtue by Law."


[1] An alternative means, which I do not discuss here, involves the future possibility of scientists being able to “tweak” the human genome to make human beings less inclined to vice and more virtuous. For example, if greed is an instinct or urge to “get still more,” perhaps through genetics that instinct can be expunged from human nature. In terms of virtue, genetics might make it more pleasurable in being generous. Where such genetic treatments are available to everyone, it seems to me that a good ethical argument could be made on their behalf.

Thursday, May 31, 2018

The U.S. Supreme Court: Too Much Ideology in Jurisprudence?

Should the electorate in a republic be able to remove Supreme Court justices due to their past decisions on particular cases? Can this basis be distinguished from removing a justice for judicial incompetence? One thing is clear: the general public does not have the technical expertise to perform a “supervisor’s evaluation” on a judge. Obviously, anyone can see that someone who skips work on a regular basis is not fit for the job, but this is different than evaluating a job by the technical criteria of the profession. Distinguishing between a particular decision and general judicial approach, for example, is more difficult. Moreover, it can be difficult to balance the rights of popular sovereignty (i.e., rule by the people) against the rule of law without respect to majority opinion.

The justices of the U.S. Supreme Court in 2012.

The full essay is at "Ideology Twisting Legal Reasoning."