Fr. 130.00

Constitutional Illusions and Anchoring Truths - The Touchstone of the Natural Law

English · Hardback

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Informationen zum Autor Hadley Arkes is Edward Ney Professor of American Institutions and Jurisprudence in the Department of Political Science at Amherst College. He is the author of six books, most notably First Things (1986), Beyond the Constitution (1990), and Natural Rights and the Right to Choose (Cambridge University Press, 2002). His articles have appeared in professional journals as well as the Wall Street Journal, the Weekly Standard, National Review, and First Things, a journal that took its name from his book of that title. Klappentext Arkes re-examines legal cases and concepts long thought settled, finding that their meaning is far less clear than commonly accepted. Zusammenfassung Hadley Arkes re-examines legal cases and concepts that were long thought settled! such as 'prior restraints' and ex post facto laws! finding that their meaning is far less clear than commonly accepted. He proposes that the logic of the natural law provides the key to solving these legal puzzles. Inhaltsverzeichnis Introduction: the anchoring common sense and the puzzles of the law; 1. On the novelties of an old constitution: settled principles and unsettling surprises; 2. The natural law - again, ever; 3. Lochner and the cast of our law; 4. The strange case of prior restraint: the Pentagon Papers; 5. Near revisited; 6. The saga of Frank Snepp and the new regime of previous restraints; 7. And yet ... a good word on behalf of the legal positivists; 8. Conclusion and afterword.

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