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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3 of 5: What is the Basis of “Natural Rights?” [No. 86]

What do we know about the “nature” that is the basis for natural law? Professor Hadley Arkes summarizes Aristotle’s study of human nature. Human beings are naturally social and political animals. The American Founders logically concluded from ... What do we know about the “nature” that is the basis for natural law? Professor Hadley Arkes summarizes Aristotle’s study of human nature. Human beings are naturally social and political animals. The American Founders logically concluded from these premises that natural law means all men are created equal and that government properly exists only by the consent of the governed.

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.

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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