thoughts in and out of season
James Kalb
Yale Law School
Independent Study—Charles Gray, supervisor
May 1, 1978
During the thirteenth and fourteenth centuries, and indeed until the break with Rome under Henry VIII, king and church agreed that each had a sphere of exclusive jurisdiction that the other could not infringe upon without usurpation. Naturally, problems arose in defining the … More ...
James Kalb
Yale Law School
Supervised Analytic Writing—Barbara Black, supervisor
1977
Draft
This paper deals with developments in the substantive criminal law of Pennsylvania, Massachusetts, and New York during what I shall call the “eighteenth century”: the period beginning in Pennsylvania in 1682 with the founding of the proprietary government, in Massachusetts in 1692 with … More ...
A Swedish translation of the following essay appeared in the Swedish mainstream conservative quarterly Contextus (no. 4, 1998). Bracketed language did not appear in the essay as published.
The American Founding was the first of the liberal revolutions; nonetheless, America is in many ways the most conservative of Western countries. It is the most anticommunist, … More ...
The goals and ultimate destiny of the European Union have been variously explained. The uncertainty is not altogether accidental, since the plan of the EU Founding Fathers was to bring about European unity by indirection. The strategy is a good one; it is hard to criticize what has no accepted description. Those who favor the … More ...
My Liberal Lawyer correspondent has provoked me to the following reflections on the relationship between liberalism and totalitarianism:
… More ...How you use political words depends on the features of political life you think deserve to be played up. People view these things differently so maybe the best I can do is explain what I have in
This page presents materials I accumulated that are related in one way or another to traditionalist conservatism, an outlook described in my Conservatism FAQ and developed in the materials on this site. If you want, there is a spoken introduction to the issues (requiring RealPlayer).
The collection … More ...
This is the February 1, 2005 revision of a summary of questions and objections regarding conservatism. Additional questions and comments are welcome. The conservatism discussed is traditionalist American conservatism. Other varieties are touched on in section 6, and their adherents are urged to draft additional FAQs. For further discussion and relevant links, see the Traditionalist … More ...
A lawyer with mainstream liberal views on the Establishment Clause sent me a note taking issue with some of my comments on my page on the Establishment of Religion and I responded. Here’s an edited version of the exchange:
… More ...Liberal Lawyer: How can you justify the assertion that liberalism is implicitly totalitarian? A society
I got another note from my Finnish correspondent, who continues to express some dissatisfaction with conservatism (he is specially concerned with Russell Kirk). As in the past (here and here) his questions seemed worth editing and passing on, together with my attempts to answer them:
… More ...Finnish Correspondent: Nothing changes. When communism failed,
More questions from my Finnish correspondent, with responses:
… More ...Q: If the possession of property is necessary for development of responsibility and virtue, it seems reasonable to desire an extension of this possession to as many as possible. Why don’t American conservatives make more of that issue?
A: I think that the notion that government action