A Sign of Contradiction

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    Abstract

    Hadley Arkes offers a brilliant manifesto for natural law. In it, he suggests that judges do not pay enough attention to reason, that their realm of reason is too circumscribed—and he levels the criticism at both modern liberal and conservative judges. He urges them to reach out specifically to the principles of the natural law. Yet the judges resist the invitation. They seem always to have resisted the invitation. Why is that so? Why are natural law reasons resisted?, Arkes asks. Why do judges not seek a proper grounding of their judgment in natural law?

    Original languageAmerican English
    JournalUniversity of St. Thomas Journal of Law Public Policy
    Volume1
    StatePublished - Apr 1 2007

    Keywords

    • natural law
    • hadley arkes
    • positive law
    • judicial craft
    • abortion

    Disciplines

    • Constitutional Law
    • Jurisprudence
    • Legislation

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