Showing posts with label law. Show all posts
Showing posts with label law. Show all posts

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."

Monday, November 26, 2018

Lawbreakers at the Mexico-California Border: Appealing to Law

At the Tijuana-San Diego border between Mexico and California on November 25, 2018, a “peaceful march by Central American migrants veered out of control . . . as hundreds of people tried to evade a Mexican police blockade and run toward a giant border crossing.”[1] In response, the U.S. Government shut down the border crossing in both directions and fired tear gas to push back migrants from the border fence. The American media made much of the use of tear gas, with convenient stories from migrants of their kids having been affected. To be sure, the suffering of innocent children is horrible, so at the very least the use of gas is debatable. Yet this focus came at the expense of another on the mentality and conduct of the adult migrants, including parents, largely from Honduras.

The full essay is at "Lawbreakers at the Border: Appealing to Law."




[1]Maya Averbuch and Elisabeth Markin, “Migrants in Tijuana Run to U.S. Border, but Fall Back in Face of Tear Gas,” The New York Times, November 26, 2018, italics added.

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.

Friday, September 11, 2015

Moral Grounds Found Sufficient to Deny Employees Contraception Coverage: Is Morality Distinct from Religion?

In addition to religious organizations and their respective affiliates being excluded from having to include contraceptives in employee health-insurance, non-religious groups with a salient moral stance against the use of the devices are also exempt—this according to a federal judge in the United State. The moral stance need not be associated with any religion. By implication, moral principles are distinct from religious doctrines. Even though religions incorporate moral principles, the latter are based in another domain. I contend that the interlarding of the non-native fauna can dilute and even compromise a given religion, thus undercutting its viability.


The complete essay is at “Moral Principles and Religion.” 

The Ten Commandments on the grounds of the Texas capitol. Do the Ten Commandments serve only a religious purpose? Were they intended to serve only a religious purpose?