Issue Are the laws defining our liberties absolute? Starter "We are a nation under law, but first we are a nation. I want to emphasize something else, however: the malleability of law, its pragmatic rather than dogmatic character. The law is not absolute, and the slogan 'Fiat iustitia ruat caelum' ('Let justice be done though the heavens fall') is dangerous nonsense. The law is a human creation rather than a divine gift, a tool of government rather than a mandarin mystery. It is an instrument for promoting social welfare, and as the conditions essential to that welfare change, so must it change." Excerpted from Richard A. Posner "Security Versus Civil Liberties," in The Atlantic Monthly (December 2001) Focus Questions Posner asserts that the slogan "Let justice be done though the heavens fall" is "dangerous nonsense." Why do you think Posner believes this slogan is dangerous? Do you agree? Posner defines the law as "malleable," "pragmatic," and "not absolute." Do you agree? Can you identify any laws or legal principles that you think are unalterable or absolute? If, as Posner argues, the law is "an instrument for promoting social welfare," to what extent are civil liberties, on the one hand, and national security, on the other, an essential part of our nation's social welfare? Given the conditions in our nation after September 11, 2001, what is now the appropriate balance between these two concerns? Suggested Resources: Judge Posner's Biography William J. Brennan, Jr., "The Quest to Develop a Jurisprudence of Civil Liberties in Times of Security Crises" George Will, "A Fetish of Rights without Parameters" More resources for this topic Starters for this topic: 1  2  3  4  All (.pdf) Note: The views expressed here have not been approved by the House of Delegates or the Board of Governors of the American Bar Association, and accordingly, should not be construed as representing the policy of the American Bar Association, nor do they represent the official position or policies of the ABA Standing Committee on Public Education.