That is the only logical conclusion of Harpy Hormone’s Equality Bill, and one which Cranmer not only foresaw but was sufficiently prescient to sound the trumpet about years ago. The moment the state begins to define ‘religion’, and then attempts to apportion rights and liberties under the guise of an enlightened tolerance of relativist equality, there is no logical end to the official recognition of all manner of weird cults, strange sects, spurious beliefs and pseudo-religions, all of which have to be equal under the law irrespective of the common good and irrelative to the inherent counterknowledge believed or propagated.If you wish to believe that a carpenter from Nazareth can rise from the dead, you are free to do so. But in the age of ‘equality’ and...

Like Dizzy, I don't give a toss whether donors to the Tory Party (or the Labour Party, or Natural Law Party) are domiciled in the UK or not. Either Lord Ashcroft's donations are banned under the rules - in which case, I think we'd have heard something by now, don't you? - or they are permissible, in which case all this fucking hoo-hah is just a waste of everyone's time.But, really, some of the hypocrisy on show is quite nauseating:Chris Huhne, the Liberal Democrat home affairs spokesman, claimed the Tory party had been "bought like a banana republic". He said: "The Conservatives' biggest donor has not paid a penny of British tax on the vast bulk of his estimated £1.1bn fortune held offshore." "Banana republic", Huhne? Have you got fucking Alzheimer's?A bogus international bonds dealer...

‘Vote for change’ – it sounds wonderful. Change, you say? And little old me gets to vote for it? Sign me up!But think about it. It’s in fact the very emptiest slogan that an opposition party could use. It says nothing at all about what that change might be. The Lib Dems could use this slogan, the Greens and the BNP could use it, the Natural Law Party and Mebyon Kernow (the Cornish separatists) could use it.All the slogan communicates is that the way things are is bad – and it doesn’t even say why. It implicitly invites you to picture Gordon Brown and whether you want to gaze at him on TV and listen to his dulcet tones for another four or five years.‘Vote for change’ sounds like a generous offer. But it’s just a subtle attack, and it’s an unsurprising tactic from a...

With eye watering audacity Elliot Morley has whined to his local paper that he has been treated unfairly, and most outrageously said he wants to keep his resettlement grant: “I think withholding the resettlement goes against natural justice. In effect it turns common law around, which judges me guilty until proven innocent. It is one of the many ways I have not been treated fairly. What happens in the legal outcome is a matter of conjecture and would be for the House to decide. I would point out I have repaid in full and do not owe any money in relation to expenses.” Not sure Mr Morley quite gets it yet....

This is a very fast note on the question of European political economy raised in my last post.  It’s not intended to be exhaustive, and yes, it is pretty conclusory.  My impression over many years as an international law professor who bridges the public and private law divides; not a specialist in EU law but someone watching closely from the outside ...  the movement toward ever closer union in the EU seemed to me always to have a double drive. On the one hand, the Erasmians — the true believers, the ones who thought you just marched toward political union because it was, well, what civilized people did.  These folks included many of the non-economist professors, the law professors particularly.  I have long been struck by the astonishing levels of intellectual and ideological...

He wants to come here and talk about natural law, but strangely omits the yogic flying element, yet sees it fit that we the British tax payer should shell out £20m for the privilege of him telling us we are wrong. Well EasyJet have offered to fly him here for 'nothing', diddly squat, gratis*.So I think we the British public should put our heads together on how Pope Benny can talk to his...

Former Hitler Youth and Nazi anti-aircraft gunner Pope Benedict XVI (pictured above) appears to be taking the piss. On the same day that he announced his “state visit” to Britain later this year, the Vatican condemned Britain’s proposed equality laws, complaining that legislation to give women and homosexuals equal rights would “violate natural law”. The Prussian Pontiff launched an unprecedented attack on the human rights policies of UK Prime Minister Gordon Brown, claiming that they threatened religious freedom and urging Roman Catholic bishops to fight back with “missionary zeal”. The Archbishop of Westminster, the Most Rev Vincent Nichols, also got into the act, bleating that the new equality legislation as “unjust”. And the Pope urged the 35...

The United Kingdom has made great strides in bringing equality to it's citizens. Whilst I might not agree with exactly how it's done sometimes (I'm big on ensuring legislation defends free speech), I still wholeheartedly support the reasons for equality legislation. This is quite simply about ensuring all citizens are equal before public institutions. This has come despite the usual religious opposition to the liberation of women and the GLBT community. On the one hand they defend the laws protected them against religious hatred and on the other they attack laws protecting those who wish to live their lives in a way they disapprove. This sort of hypocrisy is to be expected. But the Pope, who expects us to fork out £20 million for his upcoming state visit, has crossed a line. When...

Islamic Revolution Leader Ayatollah Sayyed Ali Khamenei attended the holy mausoleum of the late Imam Khomeini yesterday and recited the first sura of the Holy Qur’an to remember him. He confirmed that Her Majesty the Queen has invited him to the United Kingdom in September – an official state visit; the first ever granted to an ayatollah – and that he has been gracious to accept. And then he made a speech, addressed to British Muslims and to imams in particular, calling for Islamic unity to contend against Government legislation which contravenes shari’a law. The Ayatollah condemned the ‘unjust limitations on the freedom of Muslims to act in accordance with their beliefs’, and he urged imams to ensure Islam’s moral teaching was always presented in its ‘entirety’ and...

• Bishops told to fight moves with 'missionary zeal'• Secular groups preparing protests for September tripPope Benedict XVI marked the announcement of his first papal visit to Britain with an unprecedented attack on the ­government's equality legislation yesterday, claiming it threatened religious freedom and ran contrary to "natural law".Speaking at the Vatican to visiting Catholic bishops of England and Wales, he described changes to the law as unjust and urged them to invoke "missionary zeal" to resist them.The comments came during a five-yearly trip to the Vatican by the bishops, during which they made presentations on their concerns about the place of religion in an increasingly secular society.The pope's broadside appeared to be aimed squarely at recent legislation that...

Pope Benny (as we at Madhatters affectionately call him) is planning a ‘State’ visit to the UK. In advance of that visit, he has issued a strong condemnation of the Governments legislation to give Gay people the same rights and opportunities as heterosexuals Source . . . Equal rights and opportunities for everyone regardless of sexual orientation seems pretty fair to me. But then I’m an atheist. What do I know about such things? Apparently, Benny and the good RC priests want to retain the right to discriminate against gays and woman in appointments to the church. The Governments Equal Rights/Opportunities legislation violates ‘natural law’ says Benny – who’s opinion of what constitutes ‘natural law’ is, of course, the only one that...

So the Pope is saying that the equality bill defies 'natural law' that may be his belief but it is also an oxymoron.Natural law, think about it, what does that mean? Look at the book of Genesis to see what natural law actually means in the bible. There is lying, fratricide, stealing, cheating on wives etc. it gets so bad that at one point God wipes out mankind bar one man, his three sons...

Being a law professor, I read a lot of law review articles.   And I find that a lot of law review articles on constitutional law topics offer an argument that goes something like this: 1) There is something bad going on in the world that is currently considered constitutional; 2) Of the many possible ways of interpreting the Constitution discussed in the academic literature, there is one out there that the author would like to focus on; 3) If that particular theory were adopted, the bad thing would be unconstitutional (which, presumably, is why the author wants to focus on the theory in the first place). Therefore, 4) The courts should say that the bad thing is unconstitutional, using the described theory to get there. These sorts of articles are common, but I find them almost...

A middle-aged British couple kidnapped by Somalian pirates have made a desperate appeal for the Government to intervene after more than 3 months in captivity.  But the Foreign Office reiterated yesterday its stance that it will not pay a ransom for Paul and Rachel Chandler (pictured above), from Tunbridge Wells, Kent. Mrs Chandler, who is being held hostage in a separate location from her husband, said they were being treated “cruelly” by the pirates who kidnapped the couple in the Indian Ocean. She begged to be reunited with him and pleaded for assistance to secure their release in a new film broadcast yesterday.  The couple were captured while sailing from the Seychelles towards Tanzania last year. And of course our weak, banal, incompetent, mealy-mouthed Foreign...

Famously, George Orwell's Animal Farm started off with 'all animals are equal' and finished declaring 'four legs good, two legs bad', It is clearly a sentiment with which Pope Benedict XVI might identify.According to The Times he is due to visit Britain later this year but already he is unhappy with what he may find here.He confirmed the visit in a pastoral address to the Bishops of England and Wales today where he also indulged in what Ruth Gledhill describes as 'a wonderful Benedictine attack on our nation's move to embrace equal rights for all, in which he urges 'missionary zeal' on the bishops in carrying the flag for religious freedom in Britain.' As she points out, religious freedom means the right for religions to discriminate against minorities, primarily gays.The Pope writes:...

Executive Summary: Please join this petition to request that tax-payers are not asked to pay the £20,000,000 cost of the Pope's visit to Britain.So, now that's the twittards dealt with in 140 characters or fewer, let's have a look at the Pope's visit. Now, he's praised Britain recently for our record on defending civil liberties, but has said that he's upset that we are going against natural law to try to prevent homophobia within employment for those in jobs indirectly related to religious duties.I know it's nothing in comparison to banker bonuses (for the banks we own but seem to be able to expect no returns from other than a hamstrung welfare state, health service and higher education system), but that's still a fuck of a lot of people who will not be able to get out of poverty this...

Benedict XVI says legislation safeguarding rights of same-sex couples violates 'natural law'Pope Benedict XVI has condemned British equality legislation for running contrary to "natural law" as he confirmed his first visit to the UK later this year.In a letter addressed to the Catholic bishops of England and Wales, the pope praised Britain's "firm commitment to equality of opportunity for all".However he criticised UK legislation for creating "limitations on the freedom of religious communities to act in accordance with their beliefs".It is thought his comments relate to laws that came in last year preventing adoption agencies from discriminating against gay couples.The pope, whose visit is expected in September, made the comments after hearing representations from English and Welsh...

The Foundation for Research on Economics and the Environment (FREE) is presenting a program this summer for editors of environmental law and natural resources law journals on Environmental Economics, Law, and Policy.  FREE’s programs are really top-notch with a first-rate faculty and the spectacular Montana atmosphere.  The details of the program have not yet been finalized.  I assume that law review editors will be getting the word in due course, but if you fit the bill and miss the the invite, check out the information on FREE’s website here. I’m on FREE’s prgram advisory committee and one thing we were conscious of is trying to schedule the timing of the program to minimize interference with summer associate positions and other opportunities. Whoops, I forgot to mention that...

Marvellous development. Tremendous day. Truly historic, momentous and extraordinarily generous. As Pope Benedict XVI issued his ‘Apostolic Constitution’ setting out the terms by which disaffected Anglicans are invited to cross the Tiber and join his church, in a spirit of ecclesial benevolence and with all the generosity of ecumenical reciprocity, the Archbishop of Canterbury has invited the protestantly-inclined, via-media-attracted (mainly) Tablet-reading, liberal-minded Romanish Catholics to join the Church of England.Except Tony Blair. Rome can keep him.The more orthodox-minded Roman Catholics may be as delighted to see the back of the pro-Vatican II liberals, progressives and ‘trendies’ as some in the Church of England may be delighted by the departure of the...

New Bill to Protect Children from Untested Chemicals. This post is sponsored by Seventh Generation. Emerging science increasingly links exposure to toxic chemicals with serious health problems. From bisphenol-A in baby bottles to phthalates in children’s toys and flame retardants in nursery furnishings, the modern world is filled with synthetic compounds that research now shows likely cause neurological and behavioral disorders, reproductive and developmental disruption, cancer and other troubles. There are hundreds of untested chemicals in the products families use every day. The law that directs the Environmental Protection Agency (EPA) to conduct safety reviews of chemicals, the Toxic Substances Control Act (TSCA), was passed by Congress in 1976. Since then, the EPA has...

New Bill to Protect Children from Untested Chemicals. This post is sponsored by Seventh Generation. Emerging science increasingly links exposure to toxic chemicals with serious health problems. From bisphenol-A in baby bottles to phthalates in children’s toys and flame retardants in nursery furnishings, the modern world is filled with synthetic compounds that research now shows likely cause neurological and behavioral disorders, reproductive and developmental disruption, cancer and other troubles. There are hundreds of untested chemicals in the products families use every day. The law that directs the Environmental Protection Agency (EPA) to conduct safety reviews of chemicals, the Toxic Substances Control Act (TSCA), was passed by Congress in 1976. Since then, the EPA has...

In this, my last post – thanks so much Eugene and to those who took the time to comment – I will address remarks by Brian, the devil’s advocate. He very politely stated: “While Orin let you off the hook, I think you, and maybe he given his acquiescence, miss the full import of his second question. If the maintenance of property is dependent upon the positive law, it becomes a utilitarian or consequentialist chit to be done with as government wishes.” … “At root you’re saying you are not sure you believe in real property. Given the fact that government has exceedingly the same view, and I think this contrary to, constitutional guarantees, natural and positive law, the normative understanding of the founders, as well as to utilitarian or consequentialist outcome oriented...

Have you ever heard a crazier idea than THIS?Apparently Labour Ministers are intending to pass laws to ensure that all motorists are found to be the guilty parties when involved with accidents involving pedestrians or cyclists. Unbebloodylievable.I always thought justice involved proof of guilt, not arbitary judgement.The behaviour of cyclists can be incredibly dangerous sometimes, and to say a cyclist can never be at fault in an accident involving a car is incredible and goes against every single law of natural justice. What about an accident involving a cyclist and a pedestrian? The warped logic of this government will no doubt find some reason to find an absent motorist guilty of that too.This demonising of the motorist has to...

Phil at AVPS brought this short article by Douglas Carswell to my attention. In it, Carswell claims that we don’t need to import the American revolution, but  “we need to complete the English one.” This seems to follow a line of thinking on the part of some academically aspiring members of parliament (and their liberal intelligentsia luvvies) wherein the Tories are the natural successors to the Levellers and Thomas Paine, and, in the reckoning of Daniel Hannan and David Cameron, Anthony Wedgwood Benn the younger. It’s easy for the more urbane Conservatives to make such pretences. For example, religious tolerance, a key demand of the Agreement of the People, is a well-trodden path these days. Of course lurking behind the urbane exterior of the Conservative Party...

A few days ago I floated the idea of a new international-law offence to cover legally enforced gender oppression - taking as my normative prompt the fact that apartheid is a crime against humanity under international law. Reviewing Half the Sky by Nicholas Kristof and Sheryl WuDunn, Johann Hari discusses some material relevant to that proposal. He says: 'While we rightly roared at racial apartheid, we act as though gender apartheid is a natural, immutable fact.' (Via.)...

“How to pass first year contract law exam” – err, try revising perhaps? “cow saves a life” – the really scary part is this person searched for the same thing twice and arrived at the same page on my blog staying for a couple of minutes each time. “Lawyer with tats” – ooh tasteful. “how to claim against pedestrian” – Allege they came at you with a baseball bat and that’s how you got ‘those’ bruises. Next? “statute book funnies” – I can’t possibly imagine what could qualify as a statute book ‘funny’. “when is getting an llm degree worth the cost” – when you’re stuck in a rut, not quite sure what to do and have a few grand to spare. Next? “wallapers of sign of law and llb” – I’ve no idea what sort of thing this person was...

Is climate change driven by man, or is it a natural ongoing event of nature? The implications are huge but which side would win in a court of law? The US Chamber of Commerce is stepping up, and I think they have a chance of...

It’s not just writers objecting to the draconian and wrong-minded Independent Safeguarding Authority (ISA). I am too, and I want you to look at this from both a human rights and natural justice perspective. If the objective is child protection, we already have the tools needed to do that, from social services to the CRB through to the probation service and the police. Baby Peter, famously murdered by his mother’s boyfriend and their lodger, was failed not because there weren’t systems to protect him, but because those tasked with his care were incompetent. His abusers were known to the authorities, they were just assumed not to have been abusing him (despite bountiful evidence to the contrary). The Independent Safeguarding Authority is asserting itself as an extra-legal...

It has often been suggested that governments exist to make a country work better and more efficiently. When the people who hear this have – eventually – stopped laughing for long enough, they can easily point out how this notion is simply untrue merely by glancing at that day’s media. For, as far as it can be ascertained, that governments do have any purpose at all - and some scholars do doubt this - it seems to be that the only real purpose of governments is to perpetuate governments. Some say that governments exist to pass laws, and indeed when government is allowed to happen it will happily wile away its time making laws, some of which may even turn out to be useful, although most are – of course – unnecessary, pointless, corrosive, damaging and absurd. In fact, it has been...

Fresh from the clogged tubes of teh intarwubs… Abortion and the Architecture of Reality "At this point, a lot of impatient people declare that morality and ethics are simply impossible in such a world, and storm out in frustration. But this is the world in which we actually live, so storming out is not a productive response. Morality and ethics are possible, but they’re not to be found in Natural Law — they are the creation of human beings, reasoning together on the basis of their shared feelings and experiences. Human beings are not blank slates, nor are they immutable tablets; we are born into the world with certain wants and desires and natural reactions to events, and those feelings can adapt and change over time in response to learning and reasoning. So we...