The Return of George Sutherland: Restoring a Jurisprudence of Natural RightsIn this book, Hadley Arkes seeks to restore, for a new generation, the jurisprudence of the late Justice of the Supreme Court George Sutherland--a jurisprudence anchored in the understanding of natural rights. The doctrine of natural rights has become controversial in our own time, while Sutherland has been widely maligned and screened from our historical memory. He is remembered today as one of the "four horsemen" who resisted Roosevelt and the New Deal; but we have forgotten his leadership in the cause of voting rights for women. Both liberal and conservative jurists now deride Sutherland, yet both groups continue to draw upon his writings. Liberals look to Sutherland for a jurisprudence that protects "privacy" against the rule of majorities, as in matters concerning abortion or gay rights. Conservatives will appeal to his defense of freedom in the economy. |
Contents
The Figure in the Carpet | 3 |
From the Frontier to the Court The Shaping of a Mind | 39 |
A Jurisprudence of Natural Rights | 51 |
The Heavenly World of the New Deal Lawyers | 83 |
The Puzzle of the Commerce Clause | 119 |
Other editions - View all
The Return of George Sutherland: Restoring a Jurisprudence of Natural Rights Hadley Arkes Limited preview - 1997 |
The Return of George Sutherland: Restoring a Jurisprudence of Natural Rights Hadley Arkes Limited preview - 2020 |
The Return of George Sutherland: Restoring a Jurisprudence of Natural Rights Hadley Arkes No preview available - 1994 |