Constitutional Illusions and Anchoring Truths: The Touchstone of the Natural Law |  | Author: Hadley Arkes
Publisher: Cambridge University Press
Category: Book
List Price: $25.99
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Sales Rank: 24,085
Media: Paperback
Edition: 1
Pages: 280
Number Of Items: 1
Shipping Weight (lbs): 0.9
Dimensions (in): 8.9 x 6 x 0.8
ISBN: 0521732085
Dewey Decimal Number: 340.112
EAN: 9780521732086
ASIN: 0521732085
Publication Date: May 31, 2010
Availability: Usually ships in 1-2 business days
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Product Description
This book stands against the current of judgments long settled in the schools of law in regard to classic cases such as Lochner v. New York, Near v. Minnesota, the Pentagon Papers case, and Bob Jones University v. United States. Professor Hadley Arkes takes as his subject concepts long regarded as familiar, settled principles in our law - "prior restraints," ex post facto laws - and he shows that there is actually a mystery about them, that their meaning is not as settled or clear as we have long supposed. Those mysteries have often given rise to illusions or at least a series of puzzles in our law. They have at times acted as a lens through which we view the landscape of the law. We often see what the lens has made us used to seeing, instead of seeing what is actually there. Arkes tries to show, in this text, that the logic of the natural law provides the key to this chain of puzzles.
Book Description
Hadley Arkes reexamines legal cases and concepts long thought settled, such as "prior restraints" and ex post facto laws, finding that their meaning is far less clear than commonly accepted. He proposes that the logic of the natural law provides the key to solving the legal puzzles cast up by a series of mistakes woven into the law.
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