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Aquinas and the Supreme Court

Aquinas and the Supreme Court
Author: Eugene F. Rogers, Jr.
Publisher: John Wiley & Sons
Total Pages: 300
Release: 2013-02-26
Genre: Religion
ISBN: 1118397177

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This new work clarifies Aquinas’ concept of natural law through his biblical commentaries, and explores its applications to U.S. constitutional law. The first time the use of Aquinas on the U.S. Supreme Court has been explored in depth, and its applications tested through a rigorous reading of the biblical commentaries Shows how key judgments in the Supreme Court have rested on medieval natural law, and applies critical gender theory to discuss problems with these applications Offers new research data to give a different picture of Aquinas and natural law, and a fresh take on Aquinas’ biblical commentaries New research based on passages in the biblical commentaries never before available in English


Natural Law Jurisprudence in U.S. Supreme Court Cases since Roe v. Wade

Natural Law Jurisprudence in U.S. Supreme Court Cases since Roe v. Wade
Author: Charles P. Nemeth
Publisher: Anthem Press
Total Pages: 238
Release: 2020-02-20
Genre: Law
ISBN: 1785272063

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Since America’s founding, natural law principles play a critical role in the development of rights and human dignity. Commencing with the notion that rights are derived from a higher, metaphysical power over mere promulgation and human legislation, the natural law advocate sees law and human rights in the context of a more perpetual and perennial philosophy. Coupled with this is the view that the natural law provides a series of undeniable precepts for human operations or a natural prescription for human life based on the natural order. Hence early court cases tend to emphasize the “natural” versus the unnatural and just as compellingly argue that the natural order, aligned with the eternal law, delivers a measure for human action. Earlier US Supreme Court cases often use this sort of language in granting or denying rights in certain human activity. As a result, a survey of some of the most significant landmark cases from the Supreme Court are assessed in “Natural Law and the US Supreme Court since Roe v. Wade” and by implication, those cases which seem to disregard these fundamental principles, such as the slavery decisions, are highlighted.


The Kiss of Judice: The Constitution Betrayed

The Kiss of Judice: The Constitution Betrayed
Author: Judge Douglass H. Bartley
Publisher: Judge Douglass H. Bartley
Total Pages: 686
Release: 2011-01-05
Genre: Law
ISBN: 1456353063

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This work is the first of a multi-volume treatise. In addition to a Prologue, this volume covers the Constitution's Natural Rights Pedigree, its Preamble, and the (very-limited) Federal Legislative Powers and Federal Executive Powers it grants. The volume is styled, The Kiss of Judice: The Constitution Betrayed—A Coroner's Inquest and Report. “Judice”, Latin, a pun, means “pertaining to judges”; thus denoting the judicial, Judas-like betrayal of the Constitution. “Coroner's Inquest” denotes that the work is a study into the death of the Constitution. Your author is the Coroner. He proceeds in the Inquest with the aid of his Coroner's Jury: Jefferson, Madison, Hamilton, Story, Locke, and Blackstone. The work, at least in this volume, is a dialogue between the Coroner and his jury on the various parts of the Constitution covered. The jury members answer the Coroner's questions, for the most part in their own words, drawn from a variety of their written works. Occasionally the Coroner puts words in their mouths; those “inventions” are shown in brackets in the jurors' answers. The work is novel, because, to the author's knowledge, it is the only “Constitutional Law” textbook that collects the wisdom of the framers as the Constitution's only authoritative sources; it does not, as most Constitutional Law texts do, emphasize court cases as constitutional authority, for more often than not, the courts have only warped the Constitution. In a broader sense, though, the work is not novel, for it's only an arrangement of the work already done by the jurors. The author is pleased to say that the work, by and large, is not original thought. Its beauty is that it only revives long-forgotten constitutional “discoveries” as set in the words of the main jurors and some others within “interviewed”.Note to purchasers: For updates to the manuscript, check "Pastoral Republican" @ http://douglassbartley.wordpress.com/.


50 Questions on the Natural Law

50 Questions on the Natural Law
Author: Charles E. Rice
Publisher: Ignatius Press
Total Pages: 381
Release: 1999
Genre: Law
ISBN: 0898707501

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Charles Rice, professor of the jurisprudence of St. Thomas Aquinas for the last twenty years at Notre Dame Law School, presents a very readable book on the natural law as seen through the teachings of Aquinas and their foundations in reason and Revelation. Reflecting on the most persistent questions asked by his students over the years, Rice shows how the natural law works and how it is rooted in the nature of the human person whose Creator provided this law as a sure and knowable guide for man to achieve his end of eternal happiness. This book presents the teachings of the Catholic Church in her role as arbiter of the applications of the natural law on issues involving the right to live, bioethics, the family and the economy. Charles Rice has produced a firmly grounded and accessible handbook which touches on the most important topics regarding natural law that will benefit readers of all backgrounds.


Montesquieu, Judicial Degeneracy, and the U.S. Supreme Court

Montesquieu, Judicial Degeneracy, and the U.S. Supreme Court
Author: Nelson Lund
Publisher:
Total Pages: 46
Release: 2013
Genre:
ISBN:

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This essay, which is aimed primarily but not exclusively at audiences in the field of philosophy, originated in a lecture prepared for a series on quot;Natural Moral Law and Contemporary Societyquot; at the School of Philosophy of the Catholic University of America. Using the Supreme Court's sodomy and abortion decisions as introductory examples, the essay briefly discusses the roots of judicial hubris in American constitutional law. The essay then looks more deeply into an institutional transformation rooted in Montesquieu's insight that it is both necessary and impossible to de-politicize the judicial function. The politically moderating role performed by judges in Montesquieu's English constitution does not translate easily into the American system of written constitutions with judicial review. The essay argues that the U.S. Supreme Court is not qualified to correct written human law through appeals to higher laws, including the natural moral law, and that this conclusion is consistent with the understanding of law both in our Constitution and in St. Thomas Aquinas' Summa Theologica.


The Decline of Natural Law

The Decline of Natural Law
Author: Stuart Banner
Publisher: Oxford University Press
Total Pages: 265
Release: 2021
Genre: Common law
ISBN: 0197556493

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The law of nature -- The common law -- The adoption of written constitutions -- The separation of law and religion -- The explosion in law publishing -- The two-sidedness of natural law -- The decline of natural law and custom --Substitutes for natural law -- Echoes of natural law.


Treatise on Law

Treatise on Law
Author: Saint Thomas (Aquinas)
Publisher:
Total Pages: 100
Release: 1969
Genre: Christian ethics
ISBN:

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God and Man in the Law

God and Man in the Law
Author: Robert Lowry Clinton
Publisher:
Total Pages: 320
Release: 1997
Genre: Law
ISBN:

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In a wide-ranging study based on legal history, political theory, and philosophical ideas going all the way back to Plato and Roman law, Robert Clinton challenges current faith in an activist judiciary. Claiming that a human-centered Constitution leads to government by reductive moral theory and illegitimate judicial review, he advocates a return to traditional jurisprudence and a God-centered Constitution grounded in English common law and its precedents.