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.
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