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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4 of 5: What is Jurisprudence? [No. 86]

What are the foundations of jurisprudence and why is it necessary? Professor Hadley Arkes argues that there must be enduring principles that statesmen can rely on to make difficult decisions. Sometimes the decisions will necessarily involve compromis ... What are the foundations of jurisprudence and why is it necessary? Professor Hadley Arkes argues that there must be enduring principles that statesmen can rely on to make difficult decisions. Sometimes the decisions will necessarily involve compromises. Professor Arkes discusses the prime example of slavery and the jurisprudence of Abraham Lincoln.

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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