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Natural Law Jurisprudence in U.S. Supreme Court Cases since Roe v. Wade

Natural Law Jurisprudence in U.S. Supreme Court Cases since Roe v. Wade

By Charles P. Nemeth

Anthem Studies in Law

“Natural Law and the US Supreme Court since Roe v. Wade” is a critical examination of US Supreme Court cases since the Roe v. Wade decision in light of natural law reasoning and principles. It incisively reviews textual opinions of the various justices and attempts to discern the influence of natural law jurisprudence on modern-day decisions.

EPUB, 250 Pages

ISBN:9781785272073

January 2020

£25.00, $40.00

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PDF, 250 Pages

ISBN:9781785272066

January 2020

£25.00, $40.00

  • About This Book
  • Reviews
  • Author Information
  • Series
  • Table of Contents

About This Book

“Natural Law and the US Supreme Court since Roe v. Wade” examines US Supreme Court cases which highlight, feature and illuminate some facet of natural law reasoning since the court’s decree in Roe v. Wade. For most of our constitutional and legal history, there has been an exhilarating debate about whether natural law that commands or encourages certain legal resolutions––even from the time of the Founders. Most would concur that the legal philosophy of Jefferson and other Founders favored a natural law basis for this republic and its corresponding rights. And while the proposed text accepts that the concept and understanding of natural law reasoning has both supporters and detractors in contemporary settings, earlier Supreme Court rulings on controversial subject matter used natural law language with regularity. Since the 1970s, the idea of a perennial, immutable and unassailable natural law has lost favor. And given the recent surge in controversial case laws and conflicting decisions on highly charged topics, a return to first principles grounded in nature and natural law might be beneficial. Indeed, the proposed research hopes to gauge its current relevancy, usage and reliance in more modern judicial cases.

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Author Information

Charles P. Nemeth, chair and professor at John Jay College in New York City, spent the vast majority of his professional life in the study and practice of law and justice. He is a recognized expert on professional ethics and the justice system, private sector justice and private security systems as well as the influence of Aquinas and his natural law theory on historic and contemporary jurisprudence.

Series

Anthem Studies in Law

Ethics and Jurisprudence

Table of Contents

Preface; Acknowledgements; 1. A Short Summary of the Natural Law Tradition; 2. The Content and Substance of the Natural Law; 3. Natural Law and Abortion: A Post-Roe Evaluation; 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.

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