Unpacking Natural Law Jurisprudence

Unpacking Natural Law Jurisprudence

Professor Lee Strang answers basic questions and objections to a Natural Law jurisprudence. Is Natural Law theory innately religious? Does it account for precedent? Is a Natural Law approach even useful in a robust system of positive law?

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3 of 4: Is the Natural Law Tradition Compatible with Precedent? [No. 86]

Professor Lee Strang explains that the concept of stare decisis is not necessarily in tension with the natural law tradition. Natural law provides a basis or a framework for interpreting the Constitution but practical applications of the law require ... Professor Lee Strang explains that the concept of stare decisis is not necessarily in tension with the natural law tradition. Natural law provides a basis or a framework for interpreting the Constitution but practical applications of the law require more detail than can be provided by the Constitution alone. Professor Strang discusses the example of how Congress and the Supreme Court used the few words of the interstate commerce clause to develop specific legal rules that governed relationships between the states.

Lee J. Strang is the John W. Stoepler Professor of Law & Values at the University of Toledo College of Law.

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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