Arkes Hadley. Mere Natural Law: Originalism and the Anchoring Truths of the Constitution. Regnery Gateway,2023. — 352 p.. 2023

In this profoundly important reassessment of constitutional interpretation, the eminent legal philosopher Hadley Arkes argues that “originalism” alone is an inadequate answer to judicial activism. Untethered from “mere Natural Law”—the moral principles knowable by all—our legal and constitutional system is doomed to incoherence. The framers of the Constitution regarded the “self-evident” truths of the Natural Law as foundational. And yet in our own time, both liberals and conservatives insist that we must interpret the Constitution while ignoring its foundation. Making the case anew for Natural Law, Arkes finds it not in theories hovering in the clouds or in benign platitudes (“be generous,” “be selfless”). He draws us back, rather, to the ground of Natural Law as the American Founders understood it, the anchoring truths of common sense—truths grasped at once by the ordinary man, unburdened by theories imbibed in college and law school. When liberals discovered hitherto unknown rights in the “emanations” and “penumbras” of a “living constitution,” conservatives responded with an “originalism” that refuses to venture beyond the bare text. But in framing that text, the Founders appealed to moral principles that were there before the Constitution and would be there even if there were no Constitution. An originalism that is detached from those anchor - ing principles has strayed far from the original meaning of the Constitution. It is powerless, moreover, to resist the imposition of a perverse moral vision on our institutions and our lives. Brilliant in its analysis, essential in its argument, Mere Natural Law is a must-read for everyone who cares about the Constitution, morality, and the rule of law.

Books and textbooks on the discipline Constitutional law:

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13. Bamforth Nicholas, Leyland Peter (eds.). Accountability in the Contemporary Constitution. Oxford University Press,2014. — 425 p. - 2014 ãîä
14. Bomhoff Jacco. Balancing Constitutional Rights: The Origins and Meanings of Postwar Legal Discourse. Cambridge University Press,2014. — 290 p. - 2014 ãîä
15. Burgess Michael (ed.). Constitutional Dynamics in Federal Systems: Sub-National Perspectives. McGill-Queen's University Press,2012. — 352 p. - 2012 ãîä
16. Bhargava Rajeev (ed.). Politics and Ethics of the Indian Constitution. Oxford University Press,2008. — 441 p. - 2008 ãîä
17. An-Na'im Abdullahi Ahmed. African Constitutionalism and the Role of Islam. University of Pennsylvania Press,2006. — 216 p. - 2006 ãîä
18. Anderson Gavin W.. Constitutional Rights after Globalization. Hart Publishing,2005. — 155 p. - 2005 ãîä
19. Cavendish Lawcards. Constitutional Law.4th edition. — London, Sydney, Portland, Oregon: Cavendish Publishing Limited,2004. — 121 p. - 2004 ãîä