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• Tempering Civil Rights Conflicts: Common Law for the Moral Marketplace
Michigan State Law Review (2016)
  • Adam MacLeod
The culture war has sprawled into the marketplace. Property is now sexy but also loaded with moral conflict. Baking or buying a cake, arranging or purchasing flowers, meeting with fellow students on a university campus for religious services, taking and posing for pictures, are all suddenly morally- and politically-freighted acts. Can law provide a peaceful solution to the present conflict between sexual-identity right claims and religious liberty? The purpose of this article is to argue that law, understood in its textured, common-law contours, can provide a more peaceful and reasonable solution than (a) positive law alone, (b) markets unmediated by law, and (c) peremptory claim-rights.
  • civil rights,
  • public accommodations,
  • common law,
  • equality,
  • conscience,
  • religious liberty,
  • private property,
  • perfectionism,
  • rights
Publication Date
Fall November, 2016
Citation Information
Tempering Civil Rights Conflicts: Common Law for the Moral Marketplace, 2016 Michigan State Law Review 643