Socrates in the City Hadley Arkes: Mere Natural Law
May 17, 2024
Hadley Arkes, a distinguished law professor and author, dives into the foundational truths behind natural law and the Constitution. He posits that the Founders built the Constitution on self-evident truths that predate written law. Arkes critiques modern originalism for neglecting these anchoring principles and discusses the implications of a 'living Constitution.' He illustrates how concepts like due process embody preexisting moral truths, challenging listeners to reconsider the relationship between law and morality.
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Founding Anchors Precede The Constitution
- The founders relied on common-sense moral truths that precede any written constitution.
- These anchoring principles remain binding even if there were no Constitution or written rights.
A Tombstone For Anti-Theorizing
- Daniel Robinson preferred 'dying without a theory' and appealed to Thomas Reid's common-sense philosophy.
- Reid's precepts show the ordinary person grasps basic truths before theoretical debate.
Originalism Can Ignore Preexisting Morals
- Modern originalism often detaches the Constitution from those pre-existing anchoring truths.
- That detachment understates how the framers traced judgments back to moral principles outside the text.