September 16, 2005

The Limits of Law as a Moral Arbiter

By JEFFREY NESTERUK

Americans are increasingly looking to the law as the moral arbiter for our times. High-profile court cases on gay marriage, affirmative action, and the death penalty highlight the trend. But so do legislative efforts on deeply divisive issues such as social-security reform, abortion, and assisted suicide.

We have long applied the law to moral issues. Civil-rights laws including the Brown v. Board of Education decision desegregating schools in the 1950s reflect some fundamental, if

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