A New Natural Law Reading of the Constitution
Notre Dame Law School Legal Studies Research Paper No. 1769
30 Pages Posted: 30 Nov 2017 Last revised: 22 Feb 2018
Date Written: February 22, 2018
This article first explains what natural law is not; secondly, it explains what is natural law; finally, and hopefully more originally, the article explores two different ways in which natural law is relevant in constitutional interpretation (and indeed in the interpretation of any positive law). In so doing it criticizes originalist theories of interpretation insofar as they make of historical inquiry not the starting but the final point of the interpretative venture.
Keywords: Natural Law, Interpretation, Constitution, Originalism
JEL Classification: K10, K30
Suggested Citation: Suggested Citation