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Some Morals Make Bad Law

Last month, I responded to George Weigel’s commencement address to the law students of Ave Maria University, in which he urged prospective Catholic lawyers to fight the philosophy of legal positivism, which takes the perspective that there is no necessary connection between law and morality. Positivism also holds that a law promoting an immoral end is still a valid law, unlike the natural law legal theory of Thomas Aquinas, Pope Leo XIII, and even Martin Luther King Jr., who all argue that an immoral law is not a valid law. In response, I pointed out that judges who see law

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