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Enjoy booktv now and over the weekend on cspan2. [inaudible conversations] good evening, everybody. Welcome to the American Enterprise institute. On youve all of income director of social cultural and constitutional studies here at aei, and it is my very great pleasure to welcome you to a discussion of land of hope a one volume history of a records bye Great American historian wildred mcclay. Its a book that comes at a time when questions of who we are as people of whether we can have a unifying rather than a divisive story and of how to tell the story of our country in in a wy that neither sells short our National Greatness nor whitewashes our national sins, are really life questions in our politics and what may be an unusual way. This book is clearly intended to speak to just that moment so the can be a better ....
Persons who surpass us in experience age and prudence as to their demonstrations. Aristotle argued that law has no power to command obedience except that of habit. And so laws should not be likely changed. The digest incorporates this view of positive law when describing the enactment of campers cautioning that new laws must have some clear it adage in view such as to justify departing from a rule of law which has seemed fair since time immemorial. So then stories natural law philosophy fits comfortably with his work in approach to positive law. The Crucial Point of similarity between these two theories is this. Both assume that mankind has a fixed nature. The modern idea of inalienable and socially constructed human nature is alien to burke and aquinas and therefore is alien to story and as we will now see stories in view of mans nature was cast aside by our own Supreme Court ....
Natural law. Remarkably for the story as other natural law thinkers, positive law that conflicts with natural law is not law at all. Having examined stories general philosophical work let us see how he applied his law in cases. In the case of the an American Public armed vessel seized an allegedly french ship as suspected of engaging in the trafficking of slaves. The american captain asserted that the trafficking of slaves from africa to a Foreign Court violated the law of nations, and therefore, the con my accusation of the ship was the appropriate penalty. Stories opinion begins by claiming the law of nations rests on the eternal law of nature. The law of nature he said is deduced by correct reasoning from the right and duties of nations and the nature of moral obligation. Natural law for story is the basis for the law of nations. However, story is careful to note that he a ....