Natural rights and the right to choose / Hadley Arkes.

By:

Arkes, Hadley

Publication details: Cambridge, UK ; New York : Cambridge University Press, 2002.Description: xiii, 302 p. ; 24 cmISBN:

0521812186 (hc.)

Subject(s):

DDC classification:

340/.112 21

LOC classification:

KF384 .A89 2002

Contents:

1. Introduction: backing into treason -- 2. The drift from natural rights -- 3. On the things the founders knew - and how our judges came to forget them -- 4. Abortion and the 'modest first step' -- 5. Anti-jural jurisprudence -- 6. Prudent warning and imprudent reactions: 'judicial usurpation' and the unravelling of rights -- 7. Finding home ground: the axioms of the constitution -- 8. Epilogue: spring becomes fall becomes spring: a memoir.

Summary: Publisher description: Over the last thirty years the American political class has come to talk itself out of the doctrines of 'natural rights' that formed the main teaching of the American Founders and Abraham Lincoln. With that move, it has removed the ground for its own rights. Ironically, this transition has been made without awareness, with a serene conviction that constitutional rights are being expanded. In the name of 'privacy' and 'autonomy', new claims of liberty have been unfolded, all of them bound up in some way with the notion of sexual freedom. Hadley Arkes argues that the 'right to choose an abortion' has been the 'right' to shift the political class from doctrines of natural right. This new right overturned the liberal jurisprudence of the New Deal, placing jurisprudence on a different foundation.

Holdings ( 1 )
Title notes ( 3 )

Holdings
Item type	Current library	Shelving location	Call number	Copy number	Status	Date due	Barcode
Book	NMC Library	Stacks	KF384 .A89 2002 (Browse shelf(Opens below))	1	Available		33039000710383

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Previous	KF379 .C33 The moral decision : right and wrong in the light of American law /	KF380 .H67 1992 The transformation of American law, 1870-1960 : the crisis of legal orthodoxy /	KF384 .A2 T33 2011 Taking sides : clashing views on controversial legal issues /	KF384 .A89 2002 Natural rights and the right to choose /	KF384 .C37 2013 Acting white? : rethinking race in "post-racial" America /	KF384 .C65 2016 Engines of liberty : how citizen movements succeed /	KF384 .H69 2011 The death of common sense : how law is suffocating America /	Next

Includes bibliographical references and index.

Publisher description: Over the last thirty years the American political class has come to talk itself out of the doctrines of 'natural rights' that formed the main teaching of the American Founders and Abraham Lincoln. With that move, it has removed the ground for its own rights. Ironically, this transition has been made without awareness, with a serene conviction that constitutional rights are being expanded. In the name of 'privacy' and 'autonomy', new claims of liberty have been unfolded, all of them bound up in some way with the notion of sexual freedom. Hadley Arkes argues that the 'right to choose an abortion' has been the 'right' to shift the political class from doctrines of natural right. This new right overturned the liberal jurisprudence of the New Deal, placing jurisprudence on a different foundation.