Description
Book SynopsisSince America’s founding, natural law principles play a critical role in the development of rights and human dignity. Commencing with the notion that rights are derived from a higher, metaphysical power over mere promulgation and human legislation, the natural law advocate sees law and human rights in the context of a more perpetual and perennial philosophy. Coupled with this is the view that natural law provides a series of undeniable precepts for human operations or a natural prescription for human life based on the natural order.
Hence early court cases tend to emphasize the “natural” versus the unnatural and just as compellingly argue that the natural order, aligned with the eternal law, delivers a measure for human action. Earlier US Supreme Court cases often use this sort of language in granting or denying rights in certain human activity. As a result, a survey of some of the most significant landmark cases from the Supreme Court are assessed in Natural Law Jurisprudence in U.S. Supreme Court Cases since “Roe v. Wade” and, by implication, those cases which seem to disregard these fundamental principles, such as the slavery decisions, are highlighted.
Trade Review“This is a uniquely substantial and eminently satisfying comparative analysis of notable cases since Roe v. Wade, chronicling how fundamental rules for society exist independently of legislatures and writers of constitutions. Charles Nemeth gives the world a masterwork on natural law’s past, present and future relevance to American jurisprudence.” —Kevin H. Govern, Professor of Law, Ave Maria Law School, USA
“Charles Nemeth writes from the perspective of an unabashed right-winger in theology and in politics. As one with an extremely different point of view, I enjoy Chuck’s work as a refreshingly—some might say outrageously—different take on the world from that of almost all my colleagues and friends.” —Daniel L. Feldman, Professor of Public Management, John Jay College of Criminal Justice, City University of New York, USA
Table of ContentsPreface; Acknowledgments; 1. A Short Summary of the Natural Law Tradition Natural Law Predecessors: A Short History; 2. The Content and Substance of the Natural Law Natural Law Jurisprudence and Its Principles; 3. Natural Law and Abortion: A Post- Roe Evaluation Background and History; 4. Natural Law and the Supreme Court: Sexuality, Sexual Attraction and Procreation; 5. Natural Law and the Supreme Court: Suicide, Euthanasia and Mercy Killing; 6. Natural Law, Religious Expression and the Freedom to Believe; Index.
