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Mere Natural Law Originalism And The Anchoring Truths Of The Constitution Hadley Arkes

  • SKU: BELL-50112410
Mere Natural Law Originalism And The Anchoring Truths Of The Constitution Hadley Arkes
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Mere Natural Law Originalism And The Anchoring Truths Of The Constitution Hadley Arkes instant download after payment.

Publisher: Regnery Gateway
File Extension: EPUB
File size: 2.09 MB
Pages: 200
Author: Hadley Arkes
ISBN: 9781684513017, 1684513014
Language: English
Year: 2023

Product desciption

Mere Natural Law Originalism And The Anchoring Truths Of The Constitution Hadley Arkes by Hadley Arkes 9781684513017, 1684513014 instant download after payment.

Originalism Is Not Enough
In this profoundly important reassessment of constitutional interpretation, the eminent legal philosopher Hadley Arkes argues that "originalism" alone is an inadequate answer to judicial activism. Untethered from "mere Natural Law"—the moral principles knowable by all—our legal and constitutional system is doomed to incoherence.


The framers of the Constitution regarded the "self-evident" truths of the Natural Law as foundational. And yet in our own time, both liberals and conservatives insist that we must interpret the Constitution while ignoring its foundation.
Making the case anew for Natural Law, Arkes finds it not in theories hovering in the clouds or in benign platitudes ("be generous," "be selfless"). He draws us back, rather, to the ground of Natural Law as the American Founders understood it, the anchoring truths of common sense—truths grasped at once by the ordinary man, unburdened by theories...

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