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Natural Rights and the Right to Choose - Hadley Arkes

Natural Rights and the Right to Choose

Paperback

Published: 29th December 2004
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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, they have talked themselves out of the ground of their own rights. But the irony is that they have made this transition without the least awareness, and indeed with a kind of serene conviction that they have been expanding constitutional rights. Since 1965, in the name of "privacy" and "autonomy," they have unfolded, vast new claims of liberty, all of them bound up in some way with the notion of sexual freedom, and yet this new scheme of rights depends on a denial, at the root, of the premises and logic of natural rights. Hadley Arkes argues that the "right to choose an abortion" has functioned as the "right" that has shifted the political class from doctrines of natural right. The new "right to choose" overturned the liberal jurisprudence of the New Deal, and placed jurisprudence on a notably different foundation. And so even if there is a "right" to abortion, that right has been detached from the logic of natural rights and stripped of moral substance. As a consequence, the people who have absorbed these new notions of rights have put themselves in a position in which they can no longer offer a moral defense of any of their rights. Hadley Arkes is the Edward Ney Professor of American Institutions at Amherst College. He is the author of First Things (Princeton, 1986), Beyond the Constitution (Princeton, 1990), and The Reform Constitution (Princeton, 1994). He has been a contributor to First Things, the journal that took its name from his book of that title.

'... Mr Arkes provides a bracing account of a grave moral catastrophe and his own efforts to repair it ... Mr Arkes' book ... succeeds brilliantly in tracing the effects of the decision to reject natural rights. He shines at exposing sloppy logic and sophistry.' Wall Street Journal '... with a style that is accessible ... the book should be of interest to anyone concerned with the American labour movement'. Political Studies Review '... he has written a fine scholarly book on the subject which is bound to take the debate ever further ... Arke's account and critique of the behaviour of the American Supreme Court since Roe, is quite brilliant'. The Salisbury Review 'With wit and energy and coruscating intelligence, Hadley Arkes has written the most persuasive argument I have yet read for a return to natural law and the first principles of the American founding.' James Bowman, Resident Scholar at the Ethics and Public Policy Center 'Hadley Arkes is one of the keenest observers of law and culture in America. I read - no, devour - his writings. Thank God for him.' Charles W. Colson, Prison Fellowship Ministries, Washington, DC

Acknowledgments and Dedicationp. ix
Introduction: Backing into Treasonp. 1
The Drift from Natural Rightsp. 11
On the Things the Founders Knew--and How Our Judges Came to Forget Themp. 34
Abortion and the "Modest First Step"p. 72
Antijural Jurisprudencep. 112
Prudent Warnings and Imprudent Reactions: "Judicial Usurpation" and the Unraveling of Rightsp. 147
Finding Home Ground: The Axioms of the Constitutionp. 185
Spring Becomes Fall Becomes Spring: A Memoirp. 234
Postscript, January 2004p. 295
Indexp. 308
Table of Contents provided by Ingram. All Rights Reserved.

ISBN: 9780521604789
ISBN-10: 0521604788
Audience: General
Format: Paperback
Language: English
Number Of Pages: 332
Published: 29th December 2004
Publisher: Cambridge University Press
Country of Publication: GB
Dimensions (cm): 22.86 x 15.24  x 2.54
Weight (kg): 0.45