Friday, November 20, 2015
Arkes, Franck, natural law, the Constitution, and judging . . . again
Returning to a subject that has often been addressed here at Mirror of Justice: There's a lively exchange going on, in various places, between Prof. Hadley Arkes and Matthew Franck on (among other things) the extent to which federal judges, in the course of interpreting the particular legal text that is the Constitution of the United States, may, should, or inevitably must interpret and apply the natural law.
As I've written here many times (here, for instance), I do not agree with Prof. Arkes's position on this question.
https://mirrorofjustice.blogs.com/mirrorofjustice/2015/11/arkes-franck-natural-law-the-constitution-and-judging-again.html