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Mere Natural Law: Originalism and the Anchoring Truths of the Constitution free ebook download

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Author(s):	Hadley Arkes

Date:	2021	Format:	epub	Language:	English	ISBN/ASIN:	1684513014
Pages:	352	OCR:		Quality:		ISBN13:
Uploader:	stirkout	Upload Date:	6/29/2023 10:34:28 AM

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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 Lawthe moral principles knowable by allour 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 sensetruths grasped at once by the ordinary man, unburdened by theories imbibed in college and law school.

When liberals discovered hitherto unknown rights in the emanations and penumbras of a living constitution, conservatives responded with an originalism that refuses to venture beyond the bare text. But in framing that text, the Founders appealed to moral principles that were there before the Constitution and would be there even if there were no Constitution. An originalism that is detached from those anchor - ing principles has strayed far from the original meaning of the Constitution. It is powerless, moreover, to resist the imposition of a perverse moral vision on our institutions and our lives.

Brilliant in its analysis, essential in its argument, Mere Natural Law is a must-read for everyone who cares about the Constitution, morality, and the rule of law.
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Mere Natural Law: Originalism and the Anchoring Truths of the Constitution free ebook download

Category: Sociology

Description: Click to see full description

Category:
Sociology