Since America's founding, natural law principles play a critical role in the development of rights and human dignity. Commencing with the notion that rights are derived from a higher, metaphysical power over mere promulgation and human legislation, the natural law advocate sees law and human rights in the context of a more perpetual and perennial philosophy. Coupled with this is the view that natural law provides a series of undeniable precepts for human operations or a natural prescription for human life based on the natural order.

Hence early court cases tend to emphasize the "natural" versus the unnatural and just as compellingly argue that the natural order, aligned with the eternal law, delivers a measure for human action. Earlier US Supreme Court cases often use this sort of language in granting or denying rights in certain human activity. As a result, a survey of some of the most significant landmark cases from the Supreme Court are assessed in Natural Law Jurisprudence in U.S. Supreme Court Cases since "Roe v. Wade" and, by implication, those cases which seem to disregard these fundamental principles, such as the slavery decisions, are highlighted.

Legal theoreticians, philosophers and scholars in law and morality; Catholic, Christian and Orthodox Jewish legal thinkers; legal practitioners; law students; undergraduate and graduate students in legal studies, law and philosophy, law and society, political science and judicial process

About the Author

Charles P. Nemeth, chair and professor at John Jay College in New York City, has spent the vast majority of his professional life in the study and practice of law and justice. He is a recognized expert on professional ethics and the justice system, private sector justice and private security systems. An educator for more than 40 years and a prolifi c writer, Nemeth has published widely on law and justice and also on Thomas Aquinas. He has also served as chief editor of the peer-reviewed journal The Homeland Security Review since 2005.

Reviews

"This is a uniquely substantial and eminently satisfying comparative analysis of notable cases since Roe v. Wade, chronicling how fundamental rules for society exist independently of legislatures and writers of constitutions. Charles Nemeth gives the world a masterwork on natural law's past, present and future relevance to American jurisprudence." -Kevin H. Govern, Professor of Law, Ave Maria Law School, USA

"Charles Nemeth writes from the perspective of an unabashed right-winger in theology and in politics. As one with an extremely different point of view, I enjoy Chuck's work as a refreshingly-some might say outrageously-different take on the world from that of almost all my colleagues and friends." -Daniel L. Feldman, Professor of Public Management, John Jay College of Criminal Justice, City University of New York, USA

Book Information
ISBN 9781785272059
Author Charles P. Nemeth
Format Hardback
Page Count 236
Imprint Anthem Press
Publisher Anthem Press
Weight(grams) 454g
Dimensions(mm) 229mm * 153mm * 26mm