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First Things
This book restores to us an understanding that was once settled in the "moral sciences": that there are propositions, in morals and law, which are not only true but which cannot be otherwise. It was understood in the past that, in morals or in mathematics, our knowledge begins with certain axioms that must hold true of necessity; that the principles drawn from these axioms hold true universally, unaffected by variations in local "cultures"; and that the presence of these axioms makes it possible to have, in the domain of morals, some right answers. Hadley Arkes restates the grounds of that older understanding and unfolds its implications for the most vexing political problems of our day. The author turns first to the classic debate between Abraham Lincoln and Stephen Douglas. After establishing the groundwork and properties of moral propositions, he traces their application in such issues as selective conscientious objection, justifications for war, the war in Vietnam, a nation's obligation to intervene abroad, the notion of supererogatory acts, the claims of "privacy," and the problem of abortion.
Natural Rights and the Right to Choose
Publisher Description
Beyond the Constitution
Hadley Arkes argues that it is necessary to move "beyond the Constitution," to the principles that stood antecedent to the text, if we are to understand the text and apply the Constitution to the cases that arise every day in our law.
The Return of George Sutherland
From Amherst College, Hadley Arkes seeks to restore, for a new generation, the jurisprudence of the late Justice of the Supreme Court George Sutherlandone anchored in the understanding of natural rights. Arkes argues that if both liberals and conservatives would study the writings of George Sutherland, with unclouded eyes, both groups would set aside their differences and return to the moral ground of their jurisprudence.
Bureaucracy, the Marshall Plan, and the National Interest
The Marshall Plan has been widely regarded as a realistic yet generous policy, and a wise construction of the national interest. But how was the blend of interest and generosity in the minds of its initiators transformed in the process of bureaucratic administration? Hadley Arkes studies the Marshall Plan as an example of the process by which a national interest in foreign policy is defined and implemented. The author's analysis of the efforts to design the Economic Cooperation Agency demonstrates how the definition of the national interest is fundamentally linked to the character of the political regime. His account of the discussions in the executive branch of the government, the bureaucra...
Constitutional Illusions and Anchoring Truths
Arkes re-examines legal cases and concepts long thought settled, finding that their meaning is far less clear than commonly accepted.
Natural Law Theory
This volume presents twelve original essays by contemporary natural law theorists and their critics. Natural law theory is enjoying a revival of interest today in a variety of disciplines, including law, philosophy, political science, and theology and religious studies. These essays offer readers a sense of the lively contemporary debate among natural law theorists of different schools, as well as between natual law theorists and their critics.
Mere Natural Law
Originalism Is Not Enough In this profoundly important reassessment of constitutional interpretation, the eminent legal philosopher Hadley Arkes argues that “originalism” alone is an inadequate answer to judicial activism. Untethered from “mere Natural Law”—the moral principles knowable by all—our legal and constitutional system is doomed to incoherence. The framers of the Constitution regarded the “self-evident” truths of the Natural Law as foundational. And yet in our own time, both liberals and conservatives insist that we must interpret the Constitution while ignoring its foundation. Making the case anew for Natural Law, Arkes finds it not in theories hovering in the clou...
American Exceptionalism
American Exceptionalism provokes intense debates culturally, economically, politically, and socially. This collection, edited by Charles W. Dunn of Regent University's Robertson School of Government, brings together analysis of the idea's origins, history and future. Contributors include: Hadley Arkes, Michael Barone, James W. Ceasar, Charles W. Dunn, Daniel L. Dreisbach, T. David Gordon, Steven Hayward, Hugh Heclo, Marvin J. Kolkertsma, William Kristol, and George H. Nash. While many now argue against the policies and ideology of American Exceptionalism as antiquated and expired, the authors collected here make the bold claim that a closer reading of our own history reveals that there is still an exceptional aspect of American thought, identity and government worth advancing and protecting. It will be the challenge of the coming American generations to both refine and examine what we mean when we call America "exceptional," and this book provides readers a first step towards a necessary understanding of the exceptional purpose, progress and promise of the United States of America.
