Abstract
I do not dispute the philosophical validity of the theory of natural rights. Indeed, I support much, if not most, of the principles embodied in that theory. What I wish to discuss is that to which Dr. Vieira claims to have limited his discussion, viz., the belief that history, specifically American constitutional history, provides a sufficient base to support a natural rights theory. His attempt to find historical support is an instructive example of how ideology can distort the data of history and cause it to be portrayed in a strange and unreal light. Beyond that, Vieira's historical method also weakens the logical framework of his argument.
| Original language | American English |
|---|---|
| Journal | Georgia Law Review |
| State | Published - Jan 1 1979 |
Keywords
- natural law
- Constitution
- positivism
- Dr. Edwin Vieira
- Jr.
Disciplines
- Constitutional Law
- Jurisprudence
- Legal History
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