Description
Book Synopsis: 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 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 sense—truths 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.
Details
Are you frustrated by the wave of judicial activism that seems to be shaking the very foundations of our legal and constitutional system? Look no further than "Mere Natural Law: Originalism and the Anchoring Truths of the Constitution" by Hadley Arkes. In this groundbreaking book, Arkes argues that simply relying on "originalism" in constitutional interpretation is not enough. We need to anchor our understanding of the Constitution in the moral principles that are inherently knowable to all.
Arkes takes us on a journey back to the time of the American Founders, reminding us that they believed in the self-evident truths of Natural Law. These truths served as the solid foundation upon which our Constitution was built. Yet, in today's society, both liberals and conservatives often overlook these foundational truths. Arkes challenges this notion, making a compelling case for the importance of Natural Law in constitutional interpretation.
Unlike theories that float in the clouds or vague platitudes, Arkes grounds his argument in the anchoring truths of common sense. He brings us back to reality, reminding us that these truths were understood by the ordinary person without the need for complex theories taught in schools. It's time to reevaluate how we interpret the Constitution and embrace the Natural Law that the Founders relied upon.
While liberals have championed new and previously unheard of rights, conservatives have responded with a strict adherence to the original text of the Constitution. But Arkes shows us that the Founders appealed to moral principles that existed before the Constitution itself. Any originalism detached from these anchoring principles has strayed far from the intended meaning of the Constitution. By neglecting these principles, we open the door to the imposition of a perverse moral vision upon our institutions and our lives.
Brilliantly analyzed and essential in its argument, "Mere Natural Law" is a must-read for anyone who cares about the Constitution, morality, and the rule of law. Don't let judicial activism go unchallenged. Dive into the truth of Natural Law and reclaim the powerful principles that our Founders embraced.
To learn more about "Mere Natural Law: Originalism and the Anchoring Truths of the Constitution" and secure your copy today, click here.
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