A Different Perspective on Sir Thomas More

Obelisque_alexanderNext year is the quincentennial of the publication of Thomas More’s Utopia, and celebrations of the book and its author have already begun. More, of course, is a darling of Western culture and politics. He was canonized and is considered the patron saint of politicians and statesmen. Essayist C.K. Chesterton said that More may be “the greatest historical character in English history.”

It therefore comes as a bit of a surprise to learn that More also has a following on the political left. None other than Marx and Engels praised More’s thinking, and Lenin honored him by listing his name on a monument erected in Moscow’s Aleksandrovsky Gardens.

More’s description of an ideal society in Utopia is what leads to the leftist lionizing. His society has no private property, state ownership of the means of production, and extensive welfare programs for the poor and elderly. Because of these public policies, More seems to some to be a “proto-Communist.”

None of these policies are even remotely possible in the contemporary U.S., and the collapse of actual Communist regimes of the late-twentieth century is well-documented. However, More deserves credit for reflecting on what type of socioeconomic structure might produce what type of consciousness. More thought that the population of his utopian society would avoid alienation and adopt a genuinely social worldview rather than a greedy, self-interested individualism.

More was a dreamer. Yet his variety of dialectical materialism remains appealing 500 years after he teased it out – in Latin no less!

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Dean Joseph Kearney Receives 2015 Faithful Servant Award

Dean KearneyOn October 8, Dean Joseph Kearney received the 2015 Faithful Servant Award from the St. Thomas More Lawyers Society of Wisconsin.

Dean Kearney was honored for many reasons, including his expansion and support of the Marquette Volunteer Legal Clinic, his commitment to a culture of public service, and his efforts to ensure that the Law School serve as a public forum for discussion and debate. Justice Janine Geske introduced Dean Kearney, emphasizing his longstanding dedication to law students, faculty and staff, the community, and the legal profession. Student Windsor Wrolstad, president of the student chapter of the St. Thomas More Lawyers Society, presented the award.

The Faithful Servant award honors an individual “who, in the course of religious, legal, community, public or human services, has exemplified in outstanding fashion the commitments and steadfast dedication of Thomas More, first to Almighty God, and to family life, statesmanship, and the law.”

The dean is also giving the Archdiocese of Milwaukee’s Pallium Lecture on Wednesday, October 21 at 7:00 p.m. at Mount Mary University. The topic is “The Supreme Court and Religious Liberty,” and the public is welcome.

Congratulations, Dean Kearney.

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The Power of Process: Two Test Cases for the Great Lakes Compact

Great Lakes CompactProcess, in its various forms, is foundational to our legal system.  Water law is no exception.  For thousands of years, transboundary waters have been the root of conflict and even war.  A recent report commissioned by the State Department concluded that many more such disputes are likely in the future.  The Great Lakes Compact, a binding regional agreement between Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, and Wisconsin, has so far at least provided an interesting counter-example to this trend, in large part because the signatories were able to agree on a common decision-making process.

In many ways, in fact, the Compact is a process-driven document.  Substantively, it generally prevents new or increased diversions of Great Lakes water outside the Great Lakes Basin.  Member states must use a common, consistent decision-making standard to evaluate proposed uses of Basin water in their jurisdictions.  Some more controversial proposals, such as diversions of water to communities in “straddling” counties (more on this later) are subject to a regional review process requiring unanimous consent of the member states.  The Compact’s ultimate impact will not be known for years to come, but two early Wisconsin test cases provide interesting data points demonstrating how the process works on both state and regional levels.

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