Judging the Magna Carta

In honor of the 807th anniversary of the “Great Charter of Freedoms“–it was on this day (June 15) in 1215 that King John was compelled to put his seal on the Magna Carta Libertatum–I am reblogging my 2016 post on “Judging the Magna Carta.”

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You may have heard of “The Living Constitution” (i.e. the idea that the Constitution changes over time to meet our current needs), but have you ever heard of “The Living Magna Carta”? If not, check out this beautiful paper by R.H. Helmholz titled “The Myth of the Magna Carta Revisited,” published in the latest issue of the University of North Carolina Law Review: Vol. 94, No. 5 (2016), pp. 1475-1493. The paper explores how the meaning of the Magna Carta has evolved over time and how some of its substantive provisions were interpreted by the leading English jurists Sir Edward Coke (b.1552-d.1634) and Sir William Blackstone (b.1723-d.1780). Professor Helmholz concludes that Coke and Blackstone gave “expansive readings” to the Magna Carta by looking beyond the specific words used in the text of the Great Charter in order to discern its goals and purposes. More importantly, Professor Helmholz claims that this…

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The “Bluebook” is a scam

See here. (Hat tip: Brian Leiter.) Update (6/16): If you are unfamiliar with this ugly and time-wasting legal monster, check out Judge Richard Posner’s review of The Bluebook. (Also, appendix 2 on pp. 854-857 of this scathing review contains Posner’s own simple and common-sense citation rules.)

Postscripts: I have developed my own set of simple citation rules for law and legal studies, which I call “Antiblue“; in addition, here are my previous posts about the hideous Bluebook.

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File under “near misses”

Did you know that on this day (June 14) in 2002 the planet Earth almost collided with a near-Earth asteroid known as “2002 MN“. The asteriod missed us by a mere 75,000 miles (121,000 km), only about one-third of the distance between the Earth and the Moon.

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Let’s rename Flag Day …

Any takers?

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… “Betsy Ross Day” in honor of a humble woman who helped changed the course of history. Here is her Wikipedia page.

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This day in history: June 13

Among other things, on this day (June 13) in 1774, Rhode Island became the first of Britain’s North American colonies to ban the importation of slaves, and on this day in 1525, Martin Luther, the rebel priest who ignited the Protestant Reformation when he nailed his Ninety-five Theses on the door of the All Saints’ Church in Wittenberg, Germany, married Katharina von Bora. (Pictured below are three portraits of von Bora.)

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Monday Music: Bad Bunny

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Censorship in Florida (FBI/Orlando police edition)

Today (June 12) is the six-year anniversary of Pulse nightclub massacre. In the interim, the City of Orlando has created this website containing all the available public records of that terrible event. (A judge had ordered the release of the 911 transcripts, which the FBI and the police were trying to hide, back in November 2016. See here.) Looking back now, what strikes me the most about the Pulse tragedy is just how slow the police were to respond. Sound familiar?

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Hey, what are the FBI and the Orlando police trying to hide from the public in connection with the massacre at Pulse nightclub last month? The police’s slow response to the Pulse shootings (it took the police over three hours to rescue the remaining hostages that night)? Under Florida sunshine laws, 911 phone calls are public records and must be released to the public, yet Orlando police–apparently at the request of the FBI (see letter below the fold)–is still refusing to release all but one of the transcripts of the 911 phone calls made during the Pulse shootings last month, and even the one phone record that was released was originally censored, with all references to Allah and the Islamic State redacted. Isn’t this sorry episode yet another textbook example of the police acting above the law?

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This time for Africa

On this day (June 11) in 2010 the first African FIFA World Cup kicks off in South Africa.

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Adam Smith in Paris on SSRN

I have posted a revised and corrected version of “Adam Smith in the City of Lights (Part 1 of 2)” on the Social Science Research Network (SSRN), though I will be making further revisions next week.

Port de l’Hotel-de-Ville in 18th-Century Paris
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Conclusion of part 1 of “Adam Smith in Paris” and a preview of part 2

Now that we have reviewed all the entries in which Adam Smith is mentioned in Horace Walpole’s 1765-66 Paris travel journal, it’s time to wrap up my multi-part “Smith in the City” series. Specifically, were Adam Smith’s travels in France and his stay in Paris a mere intellectual detour? After all, “Smith was already working on ideas that would form the backbone of [The Wealth of Nations] almost immediately after publishing the first edition of [The Theory of Moral Sentiments] ….”[1] Or did his travels play a pivotal role in his intellectual transformation from a virtue-centric moral philosopher into a modern political economist? Five years before embarking on his Grand Tour of Europe, Smith had announced his next great work in the last paragraph of the first edition of The Theory of Moral Sentiments (1759):

"I shall in another discourse endeavour to give an account of the general principles of law and government, and of the different revolutions they have undergone in the different ages and periods of society, not only in what concerns justice, but in what concerns police, revenue, and arms, and whatever else is the object of law."[2]

Smith never published this promised tome on law and government; instead, he wrote about the nature and causes of the wealth of nations. Why did Smith abandon his law book and turn toward political economy? Why did he write a different book? Using Horace Walpole’s Paris journal, I have reconstructed the first eight weeks of Adam Smith’s fateful stay in Paris and identified the people he may have met during this time–from February 15, 1766, the day he arrived at the Hotel du Parc Royal, to April 17, 1766, the day Walpole left Paris.

Alas, Walpole left Paris on the afternoon of April 17, 1766, so we lose our primary witness and source of Smith’s whereabouts in Paris in early 1766. Nevertheless, despite this unfortunate development, using alternative primary sources–such as the correspondence of such contemporaries as Colbert de Castle-Hill, Madame du Deffand, David Hume, Andre Morellet, Madame Riccoboni, and others–as well as the letters of Adam Smith himself–I will next attempt to reconstruct the remainder of Smith’s Paris sojourn, from his first introduction to Madame Riccoboni in May of 1766 to his sudden departure in October of 1766. (I will present the second part of “Smith in the City of Lights” at the annual meeting of the Southern Economic Association in November 2022.)

Scottish Economist Adam Smith Portrait" Sticker by JimPlaxco | Redbubble
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