In this book, Hadley Arkes seeks to restore, for a new
generation, the jurisprudence of the late Justice of the Supreme
Court George Sutherland--a jurisprudence anchored in the
understanding of natural rights. The doctrine of natural rights has
become controversial in our own time, while Sutherland has been
widely maligned and screened from our historical memory. He is
remembered today as one of the "four horsemen" who resisted
Roosevelt and the New Deal; but we have forgotten his leadership in
the cause of voting rights for women. Both liberal and conservative
jurists now deride Sutherland, yet both groups continue to draw
upon his writings. Liberals look to Sutherland for a jurisprudence
that protects "privacy" against the rule of majorities, as in
matters concerning abortion or gay rights. Conservatives will
appeal to his defense of freedom in the economy.
However, both liberals and conservatives deny the premises of
natural rights that provided the ground, and coherence, of
Sutherland's teaching. Arkes contends that Sutherland can supply
what is missing in both conservative and liberal jurisprudence. He
argues that if a new generation can look again, with unclouded
eyes, at the writings of Sutherland, both liberals and
conservatives can be led back to the moral ground of their
jurisprudence. This compelling intellectual biography introduces
readers to an urbane man, and a steely judge, who has been made a
stranger to them.
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