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In this book, Hadley Arkes seeks to restore, for a new generation, the jurisprudence of the late Justice of the Supreme Court George Sutherland - a jurisprudence anchored in the understanding of natural rights. The doctrine of natural rights has become controversial in our own time, while Sutherland has been widely maligned and screened from our historical memory.
He is remembered today as one of the "four horsemen" who resisted Roosevelt and the New Deal; but we have forgotten his leadership in the cause of votes for women. Both liberal and conservative jurists now deride Sutherland, and yet they both continue to draw upon his writings. Liberals look to Sutherland for a jurisprudence that protects "privacy" against the rule of majorities, on abortion and gay rights. His defense of freedom in the economy will appeal to conservatives.
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However, both liberals and conservatives deny the premises of natural rights that provided the ground, and coherence, of Sutherland's teaching. Arkes contends that Sutherland can supply, then, what is missing in both conservative and liberal jurisprudence. He argues that if a new generation can look again, with unclouded eyes, at the writings of Sutherland, both conservatives and liberals can be led back to the moral ground of their jurisprudence.
This compelling intellectual biography introduces readers to an urbane man, and a steely judge, who has been made a stranger to them.
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Previews available in: English
Edition | Availability |
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1
Return of George Sutherland: Restoring a Jurisprudence of Natural Rights
2020, Princeton University Press
in English
069121820X 9780691218205
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2
The Return of George Sutherland
April 2, 1997, Princeton University Press
Paperback
in English
0691016283 9780691016283
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Libraries near you:
WorldCat
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3
The return of George Sutherland: restoring a jurisprudence of natural rights
1994, Princeton University Press
in English
0691034729 9780691034720
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"I HAD, gathered around me, a collection of colleagues and friends, tutored in history and politically attuned."
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- Created April 29, 2008
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October 10, 2020 | Edited by ImportBot | import existing book |
August 4, 2020 | Edited by ImportBot | import existing book |
April 26, 2011 | Edited by OCLC Bot | Added OCLC numbers. |
August 6, 2010 | Edited by IdentifierBot | added LibraryThing ID |
April 29, 2008 | Created by an anonymous user | Imported from amazon.com record |