Hadley Arkes Books

Focusing on the jurisprudence of Justice George Sutherland, this book aims to revive the concept of natural rights for contemporary readers. While Sutherland is often criticized and overshadowed in historical discussions, his contributions to voting rights for women and his complex legacy are highlighted. Both liberal and conservative jurists reference his writings, with liberals valuing his protection of privacy rights and conservatives appreciating his economic freedom advocacy. This work seeks to recontextualize Sutherland's significance in today's legal landscape.

The book explores how the concept of a 'right to abortion' has influenced American political thought, diverging from the Founders' principles of natural rights. Hadley Arkes critically examines the implications of this shift, arguing that it alters the foundational understanding of rights in the political landscape. Through this analysis, the author engages with broader themes of morality, law, and the philosophical underpinnings of American democracy.

The author delves into well-established legal cases and concepts, uncovering ambiguities and complexities that challenge conventional understandings. By critically analyzing these legal precedents, the book invites readers to reconsider the implications and interpretations that have shaped the law, revealing a more nuanced landscape of legal thought.

Challenging legal relativism and originalism, Hadley Arkes emphasizes the timeless moral principles embedded in the U.S. Constitution, rooted in the human condition. He argues that revitalizing these principles is essential for overcoming national dysfunction and achieving societal stability. Arkes, influenced by Leo Strauss, advocates for a return to the foundational ideals of the Founders, suggesting that their insights can guide contemporary life and governance.

Focusing on the intersection of morality and law, the author addresses contentious urban issues such as the political implications of public spaces, hate speech, and the boundaries of free expression. The discussion extends to segregation, busing, and racial quotas, as well as challenges related to education and housing in ghettos. Additionally, the book examines the regulation of vices like prostitution and gambling, providing a comprehensive analysis of how these factors shape urban life and societal norms.

By re-evaluating longstanding legal cases and concepts, the author uncovers ambiguities and complexities that challenge widely accepted interpretations. This exploration prompts readers to reconsider the foundations of legal understanding, revealing that many established notions may not be as definitive as they seem. The book invites a deeper inquiry into the intricacies of law and its evolving nature.