Natural Law Jurisprudence In Us Supreme Court Cases Since Roe V Wade
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| Author | : Charles P. Nemeth |
| Publisher | : Anthem Press |
| Total Pages | : 274 |
| Release | : 2020-02-20 |
| Genre | : Law |
| ISBN | : 1785272071 |
Since America’s founding, natural law principles play a critical role in the development of rights and human dignity. Commencing with the notion that rights are derived from a higher, metaphysical power over mere promulgation and human legislation, the natural law advocate sees law and human rights in the context of a more perpetual and perennial philosophy. Coupled with this is the view that natural law provides a series of undeniable precepts for human operations or a natural prescription for human life based on the natural order. Hence early court cases tend to emphasize the “natural” versus the unnatural and just as compellingly argue that the natural order, aligned with the eternal law, delivers a measure for human action. Earlier US Supreme Court cases often use this sort of language in granting or denying rights in certain human activity. As a result, a survey of some of the most significant landmark cases from the Supreme Court are assessed in Natural Law Jurisprudence in U.S. Supreme Court Cases since “Roe v. Wade” and, by implication, those cases which seem to disregard these fundamental principles, such as the slavery decisions, are highlighted.
| Author | : Charles P. Nemeth |
| Publisher | : Anthem Press |
| Total Pages | : 238 |
| Release | : 2020-02-20 |
| Genre | : Law |
| ISBN | : 1785272063 |
Since America’s founding, natural law principles play a critical role in the development of rights and human dignity. Commencing with the notion that rights are derived from a higher, metaphysical power over mere promulgation and human legislation, the natural law advocate sees law and human rights in the context of a more perpetual and perennial philosophy. Coupled with this is the view that natural law provides a series of undeniable precepts for human operations or a natural prescription for human life based on the natural order. Hence early court cases tend to emphasize the “natural” versus the unnatural and just as compellingly argue that the natural order, aligned with the eternal law, delivers a measure for human action. Earlier US Supreme Court cases often use this sort of language in granting or denying rights in certain human activity. As a result, a survey of some of the most significant landmark cases from the Supreme Court are assessed in Natural Law Jurisprudence in U.S. Supreme Court Cases since “Roe v. Wade” and, by implication, those cases which seem to disregard these fundamental principles, such as the slavery decisions, are highlighted.
| Author | : Philip B. Kurland |
| Publisher | : |
| Total Pages | : |
| Release | : 1990 |
| Genre | : |
| ISBN | : 9781556551727 |
| Author | : Clarke D. Forsythe |
| Publisher | : Encounter Books |
| Total Pages | : 498 |
| Release | : 2013-10-14 |
| Genre | : Law |
| ISBN | : 1594036926 |
Based on 20 years of research, including an examination of the papers of eight of the nine Justices who voted in Roe v. Wade and Doe v. Bolton, Abuse of Discretion is a critical review of the behind-the-scenes deliberations that went into the Supreme Court's abortion decisions and how the mistakes made by the Justices in 1971-1973 have led to the turmoil we see today in legislation, politics, and public health. The first half of the book looks at the mistakes made by the Justices, based on the case files, the oral arguments, and the Justices’ papers. The second half of the book critically examines the unintended consequences of the abortion decisions in law, politics, and women’s health. Why do the abortion decisions remain so controversial after almost 40 years, despite more than 50,000,000 abortions, numerous presidential elections, and a complete turnover in the Justices? Why did such a sweeping decision—with such important consequences for public health, producing such prolonged political turmoil—come from the Supreme Court in 1973? Answering those questions is the aim of this book. The controversy over the abortion decisions has hardly subsided, and the reasons why are to be found in the Justices’ deliberations in 1971-1972 that resulted in the unprecedented decision they issued. Discuss Abuse of Discretion on Twitter using hashtag #AbuseOfDiscretion.
| Author | : Tom Angier |
| Publisher | : Cambridge University Press |
| Total Pages | : 118 |
| Release | : 2021-09-16 |
| Genre | : Philosophy |
| ISBN | : 1108586392 |
In Section 1, I outline the history of natural law theory, covering Plato, Aristotle, the Stoics and Aquinas. In Section 2, I explore two alternative traditions of natural law, and explain why these constitute rivals to the Aristotelian tradition. In Section 3, I go on to elaborate a via negativa along which natural law norms can be discovered. On this basis, I unpack what I call three 'experiments in being', each of which illustrates the cogency of this method. In Section 4, I investigate and rebut two seminal challenges to natural law methodology, namely, the fact/value distinction in metaethics and Darwinian evolutionary biology. In Section 5, I then outline and criticise the 'new' natural law theory, which is an attempt to revise natural law thought in light of the two challenges above. I conclude, in Section 6, with a summary and some reflections on the prospects for natural law theory.
| Author | : Jack M. Balkin |
| Publisher | : NYU Press |
| Total Pages | : 338 |
| Release | : 2023-01-17 |
| Genre | : Law |
| ISBN | : 1479824488 |
A unique introduction to the constitutional arguments for and against the right to abortion In January 1973, the Supreme Court’s opinion in Roe v. Wade struck down most of the country's abortion laws and held for the first time that the Constitution guarantees women the right to safe and legal abortions. Nearly five decades later, in 2022, the Court’s 5-4 decision in Dobbs v. Jackson Women's Health Organization overturned Roe and eliminated the constitutional right, stunning the nation. Instead of finally resolving the constitutional issues, Dobbs managed to bring new attention to them while sparking a debate about the Supreme Court’s legitimacy. Originally published in 2005, What Roe v. Wade Should Have Said asked eleven distinguished constitutional scholars to rewrite the opinions in this landmark case in light of thirty years’ experience but making use only of sources available at the time of the original decision. Offering the best arguments for and against the constitutional right to abortion, the contributors have produced a series of powerful essays that get to the heart of this fascinating case. In addition, Jack Balkin gives a detailed historical introduction that chronicles the Roe litigation—and the constitutional and political clashes that followed it—and explains the Dobbs decision and its aftermath.
| Author | : Robert P. George |
| Publisher | : Princeton University Press |
| Total Pages | : 216 |
| Release | : 2016-03-04 |
| Genre | : Law |
| ISBN | : 1400882729 |
Slavery, segregation, abortion, workers' rights, the power of the courts. These issues have been at the heart of the greatest constitutional controversies in American history. And in this concise and thought-provoking volume, some of today's most distinguished legal scholars and commentators explain for a general audience how five landmark Supreme Court cases centered on those controversies shaped the country's destiny and continue to affect us even now. The book is a profound exploration of the Supreme Court's importance to America's social and political life. It is also, as many of the contributors show, an intriguing reflection of what some have seen as an important trend in legal scholarship away from an uncritical belief in the essentially benign nature of judicial power. Robert George opens with an illuminating survey of the themes that unite and divide the five cases. Other contributors then examine each case in detail through a lively commentary-and-response format. Mark Tushnet and Jeremy Waldron exchange views on Marbury v. Madison, the pivotal 1803 case that established the power of the courts to invalidate legislation. Cass Sunstein and James McPherson discuss Dred Scott v. Sandford (1857), the notorious case that confirmed the rights of slaveowners, declared that black people could not be American citizens, and is often seen as a cause of the Civil War. Hadley Arkes and Donald Drakeman explore the legacy of Lochner v. New York (1905), a case that ushered in decades of judicial hostility to social welfare laws. Earl Maltz and Walter Murphy assess Brown v. Topeka Board of Education (1954), the famous case that ended racial segregation in public schools. Finally, Jean Bethke Elshtain and George Will tackle Roe v. Wade (1973), still a flashpoint a quarter of a century later in the debate over abortion. While some of the contributors show sympathy for strong judicial interventions on social issues, many across the ideological spectrum are sharply critical of judicial activism. A compelling introduction to the greatest cases in U.S. constitutional law, this is also an enlightening glimpse of the state of the art in American legal scholarship.
| Author | : Adrian Vermeule |
| Publisher | : John Wiley & Sons |
| Total Pages | : 171 |
| Release | : 2022-02-08 |
| Genre | : Political Science |
| ISBN | : 1509548882 |
The way that Americans understand their Constitution and wider legal tradition has been dominated in recent decades by two exhausted approaches: the originalism of conservatives and the “living constitutionalism” of progressives. Is it time to look for an alternative? Adrian Vermeule argues that the alternative has been there, buried in the American legal tradition, all along. He shows that US law was, from the founding, subsumed within the broad framework of the classical legal tradition, which conceives law as “a reasoned ordering to the common good.” In this view, law’s purpose is to promote the goods a flourishing political community requires: justice, peace, prosperity, and morality. He shows how this legacy has been lost, despite still being implicit within American public law, and convincingly argues for its recovery in the form of “common good constitutionalism.” This erudite and brilliantly original book is a vital intervention in America’s most significant contemporary legal debate while also being an enduring account of the true nature of law that will resonate for decades with scholars and students.
| Author | : Rosalind Pollack Petchesky |
| Publisher | : Verso Books |
| Total Pages | : 673 |
| Release | : 2024-03-12 |
| Genre | : Social Science |
| ISBN | : 1804294853 |
“The best book I have read on the politics of reproduction. It raises complex theoretical and strategic questions, in a clear and accessible way, and represents an important breakthrough in feminist thinking.” – Leslie Doyal, author of What Makes Women Sick This prize-winning study is the definitive work on the politics of abortion and fertility. Rosalind Pollack Petchesky provides overwhelming evidence against the anti-abortion forces and in the process takes up issues of teenage sexuality, the politics of eugenics, and women’s relationship to medical technology. The book’s continuing relevance is a tribute to the author and a sad indictment of contemporary politics.
| Author | : Bennett Capers |
| Publisher | : Cambridge University Press |
| Total Pages | : 725 |
| Release | : 2022-04-21 |
| Genre | : Law |
| ISBN | : 1316732592 |
By re-writing US Supreme Court opinions that implicate critical dimensions of racial justice, Critical Race Judgments demonstrates that it's possible to be judge and a critical race theorist. Specific issues covered in these cases include the death penalty, employment, voting, policing, education, the environment, justice, housing, immigration, sexual orientation, segregation, and mass incarceration. While some rewritten cases – Plessy v. Ferguson (which constitutionalized Jim Crow) and Korematsu v. United States (which constitutionalized internment) – originally focused on race, many of the rewritten opinions – Lawrence v. Texas (which constitutionalized sodomy laws) and Roe v. Wade (which constitutionalized a woman's right to choose) – are used to incorporate racial justice principles in novel and important ways. This work is essential for everyone who needs to understand why critical race theory must be deployed in constitutional law to uphold and advance racial justice principles that are foundational to US democracy.
