Hadley Arkes
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This book restores to us an understanding that was once settled in the "moral sciences": that there are propositions, in morals and law, which are not only true but which cannot be otherwise. It was understood in the past that, in morals or in mathematics, our knowledge begins with certain axioms that must hold true of necessity; that the principles drawn from these axioms hold true universally, unaffected by variations in local "cultures"; and that...
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Hadley Arkes argues that it is necessary to move "beyond the Constitution," to the principles that stood antecedent to the text, if we are to understand the text and apply the Constitution to the cases that arise every day in our law. "The most illuminating reconsideration of natural rights jurisprudence produced in many years."---Gary J. Jacobsohn, American Political Science Review "Arkes brilliantly reexamines the jurisprudence of natural rights.......
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Hadley Arkes is the Edward Ney Professor of Jurisprudence and American Institutions at American College. His books include First Things and Beyond the Constitution (Both published by Princeton University Press).
In this book, Hadley Arkes seeks to restore, for a new generation, the jurisprudence of the late Justice of the Supreme Court George Sutherland--a jurisprudence anchored in the understanding of natural rights. The doctrine of natural rights...
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In this course of lectures, Professor Hadley Arkes seeks to recall the classic connection between law and morality. Law works by replacing personal choice and private judgment with a public rule enforced on everyone, which raises the question of whether there are in fact rights grounded in the very nature of human beings. Seeking the principles that form the groundwork of moral judgment, Arkes examines cases that take in the most vexing issues of...
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In Part II of First Principles and Natural Law, Professor Hadley Arkes delves further into the classic connection between morality and law. Indeed, this link between the basis of law and the principles that form the groundwork of moral judgment is very much at play in today's world, as evidenced in everything from Supreme Court decisions to national policy. Drawing upon the works of such influential philosophers as Immanuel Kant, David Hume, and Thomas...
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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 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...
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Professor Hadley Arkes seeks to recall the classic connection between law and morality, examining cases that take most vexing issues of our time: conscientious objection, the justification for war and interventions abroad, the claims of "privacy," and the problem of abortion.