Natural rights and the Constitution: the original "original intent." (Annual Institute for Humane Studies Law and Philosophy Issue)
Article Abstract:
Those who advocate constitutional interpretation based on original intent must accept that unenumerated natural rights were originally intended to be protected under the Constitution. The concept of natural rights was widely accepted among the Framers and ratifiers of the Constitution, and they also held that natural law took precedence over positive law. The Federalists did not believe that natural rights required written recognition or that it was possible to enumerate all natural rights. Thus originalists must support the granting of constitutional protection to natural rights whether enumerated or not.
Publication Name: Harvard Journal of Law & Public Policy
Subject: Political science
ISSN: 0193-4872
Year: 1992
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The dangers of natural rights
Article Abstract:
A legal system based upon or interpreted with utilitarian philosophies may ensure the protection of civil liberties more than a philosophy of human rights or natural law. A civil code based upon values for human rights will reflexively create a hierarchy of rights, allowing for one right to be trampled in order to save another in times of uncertainty. The utilitarian approach accepts risks to the individual in order to maintain the rights of the majority, allowing people to die rather than allow a restriction on society's civil liberties.
Publication Name: Harvard Journal of Law & Public Policy
Subject: Political science
ISSN: 0193-4872
Year: 1997
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A law professor's guide to natural law and natural rights
Article Abstract:
Natural law and natural rights have subtle but unique distinctions. Natural law is a method of analysis which is used to formulate ethical behavior and principles. Natural rights are principles of individual liberties or moral space which people require out of the necessity of achieving their individual objectives.
Publication Name: Harvard Journal of Law & Public Policy
Subject: Political science
ISSN: 0193-4872
Year: 1997
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