Mere Natural Law: Originalism and the Anchoring Truths of the Constitution
(eAudiobook)

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    [year] => 2023
    [artist] => Hadley Arkes
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    [title] => Mere Natural Law
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    [synopsis] => Originalism Is Not Enough



 The Founding Fathers held certain truths to be "self-evident." Do we?



 In this profoundly important reassessment of constitutional interpretation, the eminent legal philosopher Hadley Arkes argues that "originalism" alone is an inadequate answer to the judicial activism of the left. Without recourse to "mere Natural Law"-the moral principles knowable by all-our legal and constitutional system is doomed to incoherence.



 With the demise of Roe v. Wade, conservatives savored a landmark victory in the long campaign to reclaim the courts. But on questions as momentous as marriage, equality under the law, and "transgenderism," our judicial system is still arrayed against them. Why aren't

 they winning?



 The answer, says Arkes, is that conservatives have missed the forest for the trees. For fifty years, they have emphasized originalism, a fine tactic but a terrible strategy for saving the rule of law.



 When liberals "discovered" hitherto-unknown rights in the emanations and penumbras of a "living constitution," conservatives retreated to the text. But the men who framed and ratified the Constitution never meant to confine our rights to its words. They fought a revolution to vindicate "self-evident" moral truths about human nature and the preexisting rights given to us by "Nature and Nature's God." Until we rediscover Natural Law, nothing will stop 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. Originalism Is Not Enough



 The Founding Fathers held certain truths to be "self-evident." Do we?



 In this profoundly important reassessment of constitutional interpretation, the eminent legal philosopher Hadley Arkes argues that "originalism" alone is an inadequate answer to the judicial activism of the left. Without recourse to "mere Natural Law"-the moral principles knowable by all-our legal and constitutional system is doomed to incoherence. HADLEY ARKES is Edward N. Ney Professor of Jurisprudence and American Institutions emeritus at Amherst College, founding director of the James Wilson Institute on Natural Rights & the American Founding, and the author of numerous celebrated books on philosophy, politics, and law. Hadley Arkes, groundbreaking legal philosopher and acolyte of legendary political thinker Leo Strauss, takes a sledgehammer to both legal relativism and originalism, arguing that the principles the Founders embodied in the U.S. Constitution are built in to the general human condition, and that the path away from national dysfunction and ruin lies in reinvigorating our understanding of these innate moral principles and reapplying them to modern life.
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    [subtitle] => Originalism and the Anchoring Truths of the Constitution
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