JOURNAL ARTICLE

Anchoring Originalism.

  • Published In: National Review, 2023, v. 75, n. 13. P. 41 1 of 3

  • Database: Academic Search Ultimate 2 of 3

  • Authored By: ALICEA, J. JOEL 3 of 3

Abstract

Arkes contends that "the very ground of Natural Law - and the principles that govern our judgments in Natural Law - can be drawn from precisely the same common sense that is accessible to children and to ordinary folk." In arguing against originalism, Arkes tries to show that judges either inevitably must rely on the natural law when deciding constitutional disputes or that they should rely on it to avoid falling into moral relativism. Mere Natural Law: Originalism and the Anchoring Truths of the Constitution, by Hadley Arkes (Regnery Gateway, 352 pp., $32.99) Is originalism a morally empty jurisprudence?. [Extracted from the article]

Additional Information

  • Source:National Review. 2023/07, Vol. 75, Issue 13, p41
  • Document Type:Article
  • Subject Area:Law
  • Publication Date:2023
  • ISSN:0028-0038
  • Accession Number:164446702
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