What do we mean when we refer to people as being equal by nature? In the first book devoted to human equality as a fact rather than as a social goal or a legal claim, John Coons and Patrick Brennan argue that even if people possess unequal talents or are born into unequal circumstances, all may still be equal if it is true that human nature provides them the same access to moral self-perfection. Plausibly, in the authors' view, such access (...) stems from the power of individuals to achieve goodness simply by doing the best they can to discover and perform correct actions. If people enjoy the same degree of natural capacity to try, all of us are offered the same opportunities for moral self-fulfillment. To believe this is to believe in equality. This truly interdisciplinary work not only proposes the authors' own rationale but also provides an effective deconstruction of several other contemporary theories of equality, while it engages historical, philosophical, and Christian accounts as well. Furthermore, by divorcing the "best" from the "brightest," it shows how descriptive equality acquires practical significance. Among other accomplishments, By Nature Equal offers communitarians a core principle that has until now eluded them, rescues human dignity from the hierarchy of intellect, identifies racism in a new way, and shows how justice can be freshly grounded in the conviction that every rational person has the same capacity for moral excellence. (shrink)

This book is about what makes law possible. A stranger to contemporary legal practice might think such a book unnecessary, but the eight authors of this book share the view that what makes law possible is under siege today. The authors also share the hope that by exploring how law is a humanistic practice that involves whole persons, the siege will be reversed. The pathbreaking work of University of Michigan Law professor Joseph Vining provides the authors' focus for their varied (...) analyses of how law works not through force but, instead, through affinity.Vining's four books and other writings, spanning four decades, reveal the hidden connections by which men and women freely create and sustain a world of meaning through the phenomena we associate with law. Drawing on legal philosophy, theology, musicology, and other humanistic disciplines, the authors join Vining in discovering how law is, as Vining has written, “evidence of view and belief far stronger than academic statement or introspection can provide.” Law as Vining and the other authors reveal it is evidence of our better selves, not of the totalizing and brutalizing selves humans are capable of becoming, sometimes even under cover of law.In addition to the three editors, the book's authors are Joseph Vining, Rev. John McCausland, Hon. John T. Noonan, Jr., Steven Smith, and James Boyd White.Lawyers and all who care about law, the human future, and what human freedom can do to connect person to person as valued will find much to ponder in the chapters of this book. By avoiding jargon and the cliché, the authors follow Vining's lead in illuminating the deep springs of law's vitality and authority. (shrink)