The Return of George Sutherland: Restoring a Jurisprudence of Natural Rights / Edition 1
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The Return of George Sutherland: Restoring a Jurisprudence of Natural Rights / Edition 1

by Hadley Arkes
     
 

ISBN-10: 0691016283

ISBN-13: 9780691016283

Pub. Date: 04/02/1997

Publisher: Princeton University Press

In 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

Overview

In 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.

However, both liberals and conservatives deny the premises of natural rights that provided the ground, and coherence, of Sutherland's teaching. Arkes contends that Sutherland can supply what is missing in both conservative and liberal jurisprudence. He argues that if a new generation can look again, with unclouded eyes, at the writings of Sutherland, both liberals and conservatives can be led back to the moral ground of their jurisprudence. This compelling intellectual biography introduces readers to an urbane man, and a steely judge, who has been made a stranger to them.

Product Details

ISBN-13:
9780691016283
Publisher:
Princeton University Press
Publication date:
04/02/1997
Edition description:
REPRINT
Pages:
312
Product dimensions:
6.15(w) x 9.23(h) x 0.74(d)

Table of Contents

Preface
Acknowledgments
Ch. IThe Figure in the Carpet3
Ch. IIFrom the Frontier to the Court: The Shaping of a Mind39
Ch. IIIA Jurisprudence of Natural Rights51
Ch. IVThe Heavenly World of the New Deal Lawyers83
Ch. VThe Puzzle of the Commerce Clause119
Ch. VIUndoing the Discipline of the Constitution: Delegations of Authority and Independent Counsels159
Ch. VII"In This Vast External Realm ... ": The Imperatives of Foreign Policy and the Dissolving of the Constitution196
Ch. VIIISutherland and the Mysteries of the Law242
Index293

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