185 Pages
English

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Natural Law Jurisprudence in U.S. Supreme Court Cases since Roe v. Wade

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185 Pages
English

You can change the print size of this book

Description

Legal theoreticians, philosophers and scholars in law and morality; Catholic, Christian and Orthodox Jewish legal thinkers; legal practitioners; law students; undergraduate and graduate students in legal studies, law and philosophy, law and society, political science and judicial process


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.


Preface; Acknowledgments; 1. A Short Summary of the Natural Law Tradition Natural Law Predecessors: A Short History; 2. The Content and Substance of the Natural Law Natural Law Jurisprudence and Its Principles; 3. Natural Law and Abortion: A Post- Roe Evaluation Background and History; 4. Natural Law and the Supreme Court: Sexuality, Sexual Attraction and Procreation; 5. Natural Law and the Supreme Court: Suicide, Euthanasia and Mercy Killing; 6. Natural Law, Religious Expression and the Freedom to Believe; Index.

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Published 20 February 2020
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EAN13 9781785272073
Language English

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