Friday, December 3, 2010
Arkes and O'Brien on Natural Law
There has been, during the last few days, an interesting exchange going on at Public Discourse regarding Prof. Hadley Arkes's account of natural-law ethics (set out in, inter alia, his new book, "Constitutional Illusions"). Here is Matthew O'Brien's review of the book; here is Arkes's response; here is O'Brien's reply.
I'm not competent to say much about whether, for instance, Arkes's view is, or is excessively "Kantian". (Here's hoping our own Robby George will weigh in!). I do have questions, for what it's worth, that the role Arkes envisions for federal judges in identifying and applying natural-law principles in the context of constitutional adjudication. For more on this question, see (again) Patrick Brennan's recent review, and my response.
https://mirrorofjustice.blogs.com/mirrorofjustice/2010/12/arkes-and-obrien-on-natural-law.html