Subjects:  1. Natural law   

Subjects:  1. Essays    2. Jurisprudence    3. Law    4. Law and ethics    5. Legal History    6. Legal Reference / Law Profession    7. Literary Collections    8. Literary Criticism    9. Methodology    10. Natural Law    11. Sociological jurisprudence    12. Law / Natural Law   

Subjects:  1. Law    2. Legal History    3. Legal Reference / Law Profession    4. Natural Law    5. Law / General   

Reviews (1)

A near-masterpiece of revisionist constitutional history
Despite the fact that constitutional historians rank George Sutherland among the 'near-greats" of the Supreme Court, the first-and only -Supreme Court Justice from Utah has been largely forgotten. If he isremembered at all, he it is only as the most able of that notoriousreactionary quartet, the "Four Horsemen"-Sutherland, VanDevanter, Butler, and McReynolds- who stuggled in vain to overturn The NewDeal.This is a pity, and not only because to be remembered as the most ableof the Four Horsemen is akin to being remembered as the most able ItalianGeneral of World War Two. Sutherland was no blind reactionary ( And, to befair, neither was the technically brilliant, but inarticulate VanDevanter), but a creative, often insightful jurist, whose contributions tolegal theory still affect our lives today. Almost all of Modern zoning law,for example, comes from his decision in Euclid vs.Ambler, while Hiseloquent opinion in Powell vs.Alabama ( the 'Scottsboro Boys'case)helped toblaze the trail for the modern understanding of fair trials. Also, hisopinions in U.S. vs. Curtis-Wright amnd Humphreys executor contributed muchto our understanding of the scope and limits of Presidential power.If Arkes' book were merely an reminder of George Sutherlands manycontributions to Constitutional law, it would be welcome. However, it ismore than that, much more. The only previous scholarly study of Sutherlandand his career, Douglas Paschal's A Man Versus the State, while largelysympathetic, had cast the Justice as an a disciple of Herbert Spencer andJohn Stuart Mill-a libertarian Social Darwinist. It is both the genius andthe flaw of Hadley Arkes'brilliant, stimulating book to argue instead thatSutherland stood firmly in the tradition of Natural rights and natural Law,a tradition which , while it might be widely misunderstood ( witness, forexample, the splenetic, nearly illiterate assaults on Clarence Thomas),still has an important part to play in constitutional thought. Arlkes bookargues for this understanding, and for the continuing importance ofSutherland's thought, with clarity, wit and learning.It is a very finebook. Why, then do I call it only a 'near-masterpiece' and speak of it as'flawed'.Two reasons. First, Arkes, for all his intelligence, has anexcessively mechanical, rationalistic and eighteenth century view oftheNatural Law.This reader prefers a more Thomistic-and, dare I say it,somewhat more liberal- approach, in which charity plays as imporatant arole as reason.Secondly, for all the insight the book offers intoSutherlands thought, it also tends to platy down some of the moreunpleasant aspects ohf his jurisprudence. Why, for instance, did thischampion of natural rights join Holmes in that justices worst decision,Buck vs.Bell? Is it not possible, that, for all the influence ofBurlamaqui,Herbert Spencers social Darwinismalso played arole inSutherlands thought? To conclude this review on a somewhat more positivenote, I will say that it is one of the most intelligent and stimulatingstudies ofasupreme Court justice, and of the American Constitution , toappear in recent years. One can only hope that it will be followed bystudies ,in the same vein , of other Justices committed to the Natural Law,such as Story, the first Harlan, and Murphy.One also hopes thattheenergeticProfessor Arkes willedit a collection of Sutrtherlandsopinions, papers, and correspondence. It might provide furthur insight intothis very able 'forgotten ' justice. ... Read more

Subjects:  1. Constitutional    2. Law    3. Legal Reference / Law Profession    4. Natural Law    5. Politics/International Relations    6. U.S. Constitutional History    7. Courts & procedure    8. Human rights    9. Jurisprudence & philosophy of law    10. Law / Constitutional    11. Political Philosophy    12. Political Science and International Relations    13. Political science & theory    14. USA   

Subjects:  1. Ethical relativism    2. Ethics & Moral Philosophy    3. Jurisprudence    4. Law and ethics    5. Metaethics    6. Natural Law    7. Philosophy    8. Philosophy Of Law    9. Political    10. Foundations of law    11. Jurisprudence & philosophy of law    12. Law-Jurisprudence    13. Law-Natural Law    14. Philosophy / General    15. Philosophy / Political    16. Social & political philosophy   

Subjects:  1. Jurisprudence    2. Law (Specific Aspects)    3. Legal Reference / Law Profession    4. Legal positivism    5. Natural Law    6. Reference    7. Jurisprudence & General Issues   

Reviews (11)

An Incisive Introduction To Libertarianism
This is my choice for the best introduction to libertarianism for the serious student of political economy. Randy Barnett's _The Structure of Liberty_ and Frederic Bastiat's _The Law_ are excellent as well, but second to _The Ethics of Liberty_.
Preaching to the Choir!
I read this book when I was a recovering Randian. His arguments were very much like Rand's. This though, Rand did not cover half the material that he does in this book. Rothbard's mode of argumentation was to create false choices in order toshow that only his premises were valid. In short, Rothbard always sought to force his reader to accept libertarian axioms. Though a great economist who I have learnt a lot from; he is a poor political theorist. His ability to put an economic perspective on certain issues is the only thing commendable about the book. I found his claim that for a moral system to be valid it must be universal to be question begging. His claim that a moral system that would see the death of humans on a large scale as being invalid is wanting, and a sign of his inconsistency. You see, Rothbard always asserted that even if libertarianism was not conducive to human well-being he would still support the system.His defense of homesteading and the nonsense term self-ownership were equally poor.His argument against the state was nothing but appeal emotions. For, he was a moralist gone wild in the book. Most people are not moral absolutist. It follows that saying that taxation is theft is unconvincing. For, most people do not consider it to be stealing, and that is all that matters. His presentation of capitalism as a desirable system was a shot in the leg. Most people would raise eyebrows when one claims that we need to abolish the state and let true-believing capitalists run amok (some of them love the state). In short, Rothbard provided nothing that would make most people want to do away with the status quo. Besides, the fact that most people are religious precludes them wanting such a dramatic revolution. Indeed, those who aren't waiting for Christ or heaven are waiting for an Islamic theocracy.
Poor Work, From a Brilliant Author
This was the first work of Rothbard's that I found to be highly displeasing.It is a mix of poor philosophy and legal construction.While the author is a brilliant economists, one of the best in the twentieth century, this work on philosophy takes away from his overarching beliefs as put forth in his other writing.Don't read this for an argument on natural rights.He admits that is not his purpose.Don't read this for a picture of a legal system in a free society (see Benson- Enterprise of Law).Instead, go to the best defense of Anarchy, which is Rothbard's "For A New Liberty".The only reason to read this is if you want to be familiar with a book that is referenced ubiquitously by Austrian sheep. ... Read more

Subjects:  1. Ethics    2. Liberty    3. Natural law    4. Political Ethics    5. Political Philosophy   

Subjects:  1. Liberty    2. Natural law    3. Political science   

Subjects:  1. Law    2. Natural law    3. Philosophy    4. Thomas   

Subjects:  1. Jurisprudence    2. Law    3. Law and ethics    4. Legal Reference / Law Profession    5. Methodology    6. Natural Law    7. Philosophy    8. Social Justice (Ethics)   

Subjects:  1. Law    2. Legal Reference / Law Profession    3. Natural Law    4. Jurisprudence & General Issues    5. Law / Natural Law   

Subjects:  1. Critical theory    2. General    3. Law    4. Legal Reference / Law Profession    5. Legal positivism    6. Natural Law    7. Foundations of law    8. Jurisprudence & philosophy of law   

Subjects:  1. Capital punishment    2. Dead    3. Death    4. Death And Dying (Sociological Aspects)    5. Euthanasia    6. General    7. Law    8. Legal Reference / Law Profession    9. Legal status, laws, etc    10. Natural Law    11. Social Science    12. Sociology - General    13. Death & dying    14. Jurisprudence & philosophy of law    15. Metaphysics & ontology   

Editorial Review

When Carl L. Becker's classic study of the text of the Declaration of Independence first appeared in 1922, it marked a great departure from the passionate and patriotic tenor of many existing historical analyses. Becker claims his work was well received by all reviewers save one, who criticized its preoccupation with hard cold documents. In the 1941 introduction to this edition, Becker defends his approach, stating: "I was aware that men had bled and died for freedom.... But on this occasion I chose to write a book about the document itself ... a state paper of sufficient renown to be classed with the world's classics of political literature." Read more

Reviews (7)

A Way to Destroy the Declaration of Independence
In this book, the author tries to encourage Americans to forget the Declaration of Independence because even though a plurality of men have rights, the rights of individuals have never been identified.So, the author becomes a member of Marilyn Ferguson's Aquarian Conspiracy and the New Age movement, which place individuals above `the people' of the USA and its Union.On p. 277, the author says that the truth or falsities of the natural rights philosophy of the Declaration of Independence is a meaningless question.
Terrific insights...
In high school, kids spend time reviewing the Declaration of Independence and learning its meaning. This book goes well beyond that to inspect the thoughts and ideas that were prevalent in the late 18th century and how they influenced the document. Becker goes into great detail about natural rights theory according to John Locke and explores the ins and outs of its implications. This to me was the strongest and most enjoyable part of the book. He also explores the thoughts and ideas that were circulating Britain at the time. Vital...
I have read this book, off and on, several times.It never ceases to amaze me.I tend to be a controversialist and rely upon this book often to help those who seem convinced that the Founding Fathers were of a particular religious persuasion.While foundationally on a personal level this may be true, in general they bowed down to a higher power: Reason.Yet this was not new to them nor were their political theories.Their roots came from somewhere else and that somewhere else was from the European soil they had left.Read more

Subjects:  1. Natural law    2. Politics and government    3. Revolution    4. United States   

Subjects:  1. Duty    2. Law    3. Law and ethics    4. Legal Education    5. Legal Reference / Law Profession    6. Natural Law    7. Natural obligations    8. Obedience (Law)    9. Ethics & moral philosophy    10. Reference / Research    11. Western philosophy, from c 1900 -   

Subjects:  1. 20th century    2. Ethics & Moral Philosophy    3. History    4. Law and ethics    5. Legal Reference / Law Profession    6. Natural Law    7. Philosophy    8. Religion and ethics   

Subjects:  1. Natural law    2. Political science    3. State, The   

Subjects:  1. Legal Reference / Law Profession    2. Natural Law   

Subjects:  1. Equality    2. Natural law    3. Political science    4. Social contract   

Subjects:  1. Ethics & Moral Philosophy    2. Law    3. Law and ethics    4. Legal Reference / Law Profession    5. Natural Law    6. Philosophy    7. Philosophy Of Law    8. Law / Natural Law    9. Philosophy / Ethics & Moral Philosophy    10. Philosophy-Ethics & Moral Philosophy    11. Practical & applied ethics