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Natural Law Jurisprudence in Supreme Court Cases Since Roe Wade: Anthem Studies

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Natural Law Jurisprudence in U.S. Supreme Court Cases since Roe v. Wade (Anthem Studies in Law, Ethics and Jurisprudence)

by Charles P. Nemeth

5 out of 5

Language	:	English
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Print length	:	331 pages

Natural law jurisprudence is a legal theory that argues that there are certain universal moral principles that are binding on all human beings. These principles are said to be discoverable through reason and are not dependent on any particular religious or cultural beliefs.

Natural law jurisprudence has been used to justify a wide range of legal decisions, including those related to abortion, same-sex marriage, and euthanasia. In recent years, there has been a resurgence of interest in natural law jurisprudence, as some legal scholars argue that it provides a more principled and coherent basis for legal decision-making than other theories.

In this book, I examine the role of natural law jurisprudence in Supreme Court cases since Roe Wade. I argue that natural law jurisprudence has played a significant role in shaping the Court's decisions on a wide range of issues, and that it is likely to continue to play a role in the Court's future decisions.

The book is divided into three parts. The first part provides an overview of natural law jurisprudence and its history. The second part examines the role of natural law jurisprudence in Supreme Court cases since Roe Wade. The third part discusses the implications of natural law jurisprudence for the future of legal decision-making.

Part 1: Natural Law Jurisprudence

The concept of natural law has been around for centuries, and it has been influential in the development of legal systems around the world. In the United States, natural law jurisprudence was a major influence on the Founding Fathers, and it continues to be influential in American law today.

There are many different theories of natural law, but they all share some common features. First, natural law theorists believe that there are certain universal moral principles that are binding on all human beings. These principles are not dependent on any particular religious or cultural beliefs. Second, natural law theorists believe that these principles can be discovered through reason. Third, natural law theorists believe that these principles should be used to guide legal decision-making.

Part 2: Natural Law Jurisprudence in Supreme Court Cases Since Roe Wade

In Part 2, I examine the role of natural law jurisprudence in Supreme Court cases since Roe Wade. I argue that natural law jurisprudence has played a significant role in shaping the Court's decisions on a wide range of issues, including abortion, same-sex marriage, and euthanasia.

In the case of Roe Wade, the Court held that the Constitution protects a woman's right to have an abortion. The Court's decision was based in part on the natural law principle that all human beings have a right to life. The Court held that this right includes the right to make decisions about one's own body, including the decision to have an abortion.

In the case of Obergefell v. Hodges, the Court held that the Constitution requires states to recognize same-sex marriages. The Court's decision was based in part on the natural law principle that all human beings have the right to marry. The Court held that this right includes the right to marry a person of the same sex.

In the case of Gonzales v. Oregon, the Court held that the Constitution does not permit states to ban physician-assisted suicide. The Court's decision was based in part on the natural law principle that all human beings have the right to die with dignity. The Court held that this right includes the right to seek assistance from a physician in ending one's life.

Part 3: The Implications of Natural Law Jurisprudence for the Future of Legal Decision-Making

In Part 3, I discuss the implications of natural law jurisprudence for the future of legal decision-making. I argue that natural law jurisprudence is likely to continue to play a role in the Court's future decisions, and that it could have a significant impact on the development of American law.

One of the most important implications of natural law jurisprudence is that it provides a framework for evaluating the morality of laws. Natural law theorists believe that laws that violate natural law principles are unjust and should be overturned. This principle could have a significant impact on the Court's decisions in cases involving controversial issues such as abortion, same-sex marriage, and euthanasia.

Another important implication of natural law jurisprudence is that it provides a basis for interpreting the Constitution. Natural law theorists believe that the Constitution should be interpreted in a way that is consistent with natural law principles. This principle could have a significant impact on the Court's decisions in cases involving the interpretation of the Constitution.

Natural law jurisprudence is a complex and controversial theory, but it is one that has the potential to have a significant impact on the future of legal decision-making. I believe that this book will provide a valuable resource for anyone who is interested in the role of natural law jurisprudence in American law.

In this book, I have examined the role of natural law jurisprudence in Supreme Court cases since Roe Wade. I have argued that natural law jurisprudence has played a significant role in shaping the Court's decisions on a wide range of issues, and that it is likely to continue to play a role in the Court's future decisions. I believe that natural law jurisprudence is a valuable resource for legal decision-making, and I hope that this book will help to promote a better understanding of this important theory.

Natural Law Jurisprudence in U.S. Supreme Court Cases since Roe v. Wade (Anthem Studies in Law, Ethics and Jurisprudence)

by Charles P. Nemeth

5 out of 5