Foundations of Law

Foundations of Law

Professor Hadley Arkes discusses natural law and natural rights, and how these underlie the positive law. What is Jurisprudence? Does law always involve moral judgements? Did the Founders consider Natural Law when drafting the Constitution?

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1 of 5: The Relationship Between the Constitution & Natural Rights: Founding Era Debates [No. 86]

What are natural rights and does our Constitution require citizens to surrender some of them? Professor Hadley Arkes discusses this debate among the founding fathers and why it was important. Professor Arkes explains that the Federalists and later, A ... What are natural rights and does our Constitution require citizens to surrender some of them? Professor Hadley Arkes discusses this debate among the founding fathers and why it was important. Professor Arkes explains that the Federalists and later, Abraham Lincoln, believed that men never had the right to do wrong. A Constitution that restrains injustice does not deprive anyone of a right they never had, even in a state of nature.

Hadley Arkes is the Founder and Director of the James Wilson Institute on Natural Rights and the American Founding. He is Professor Emeritus of Jurisprudence at Amherst College. Professor Arkes is the author of several books and hundreds of articles.

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

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