
The Return of George Sutherland
Restoring a Jurisprudence of Natural Rights
Hadley Arkes(Author)
Princeton University Press
Published on 28. August 1994
Book
Hardback
312 pages
978-0-691-03472-0 (ISBN)
Description
This treatise seeks to restore the jurisprudence of the late Justice of the US Supreme Court George Sutherland - a jurisprudence anchored in the understanding of natural rights. The doctrine of natural rights has become controversial at the present time, while Sutherland has been widely maligned and screened from historical memory. He is remembered today as one of the "four horsemen" who resisted Roosevelt and the New Deal; but his leadership in the cause of voting rights for women has been forgotten. Both liberal and conservative jurists now deride Sutherland, yet both groups continue to draw upon his writings. Liberals took to Sutherland for a jurisprudence that protected "privacy" against the rule of majorities, as in matters concerning abortion or gay rights. However, both liberals and conservatives deny the premises of natural rights that provided the ground, and coherence, of Sutherland's teaching. The author of this study contends that Sutherland can supply what is missing in both conservative and liberal jurisprudence.
Reviews / Votes
"Advocating that the Supreme Court again espouse natural- rightsjurisprudence is an ambitious undertaking, as is attempting to rehabilitate the Supreme Court justice who, for many, personifies the ideas behind substantive due process. Hadley Arkes accomplishes both tasks with rhetorical skill and intellectual tenacity.... An important book ... that challenges us to view constitutional rights afresh through the powerful lens of natural law."---Steven J. Eagle, The Wall Street Journal "Clearly and cogently and even dramatically done.... Hadley Arkes leads us into the deepest jungles of constitutional thought.... His is a stimulating safari."---Louis Auchincloss, The New Criterion "Arkes's work is a welcome addition to this emerging body of constitutional thought. If given the attention it deserves, it may well fulfill both objectives embodied in its title."---Judge Alex Kozinski, National ReviewMore details
Language
English
Place of publication
New Jersey
United States
Target group
College/higher education
Professional and scholarly
Product notice
Trade binding
Illustrations
2 halftones
Dimensions
Height: 254 mm
Width: 197 mm
Weight
624 gr
ISBN-13
978-0-691-03472-0 (9780691034720)
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Schweitzer Classification
Other editions
Additional editions

E-Book
03/2021
1st Edition
Princeton University Press
€51.99
Available for download
Person
Hadley Arkes is the Edward Ney Professor of Jurisprudence and American Institutions at American College. His books include First Things and Beyond the Constitution (Both published by Princeton University Press).