With the Sotomayor hearings pervading the news it is no wonder that I have become a bit pre-occupied with judicial philosophy. The big hoopla the US senators, both for and against Sotomayor’s confirmation, have been making over empathy and it’s role or non-role in the judicial system is a very interesting matter.

Lately I came across Michael C Dorf’s article “What is Sonia Sotomayor’s Judicial Philosophy?” and just feel that I have to share his wonderful insights on “formalism” and “legal realism”. According to Dorf, “formalists believe that legal interpretation is a matter of finding the objective meaning of formal legal materials, such as the words of statutes and constitutional provisions.” He says that ideology has no place in formalism and the judges are seen as “simply a vehicle for the expression of the law.” On the other hand, he says that legal realists assert that “formalist’s view of the law is false, or at least radically incomplete.” He further explained that “legal realists believe that formalists are not being honest (perhaps, not even with themselves) when they disclaim any influence from their own values upon their judicial decision making. Nor, they say, could matters be otherwise in a complex and evolving society in which legislators and constitution writers cannot possibly have anticipated all of the circumstances in which the provisions they wrote would be applied.”

So it is quite clear that the contention between those that want to confirm Judge Sotomayor and not is caused by the differing jucidicial philosophy. The question of course lies in who is right – the formalist or the legal realist? I leave it up to the senate committee to sort it out.

With John Calvin’s birthday coming up in a few days, he was born 500 years ago on June 10, 1509, I though it would be fitting to do a post on the Calvinist theology.

Calvin is best known for the theological system that was named after him – Calvinism. Note that while Clavinist churches are still in existence today not all the churches adhere to all the classical features of Calvinism. As a theology what makes classical Calvinism distinctive is that it teaches the sovereignty of God in salvation and in life. The five points of Calvinism include:

The doctrine of total depravity – The inability of man to follow God and save himself due to inherent sin.
The doctrine of unconditional election – States that God’s choice in who is to be with him is based on his mercy alone and not on foreseen virtue, merit, or faith of the chosen people.
The doctrine of limited atonement – Says that atonement is only for those chosen by God even though he has the power to save everyone he has chosen not too do so.
The doctrine of irresistible grace – Says that those that God has chosen will be brought to faith in time and that these people would not be able to resist the call of the Gospel.
The Perseverance of the saints – Asserts that those that God has chosen has “eternal security” and that those that fall away from the faith are apparently not among the chosen.

As mentioned earlier, there are lots of variations of Calvinism today with modern variations being embraced more and more in North America. With his birthday coming up this would be good news to Calvin were he alive.