Social and Behavioral Sciences Commons^™

The Limits Of Natural Law: Thomas Rutherforth And The American Legal Tradition, Gary L. Mcdowell

Jepson School of Leadership Studies articles, book chapters and other publications

The history of American constitutional jurisprudence has been marked by a persistent fascination with the idea of natural law. This springs first and foremost from the fact that we understand as our constitutional foundation those “laws of Nature and of Nature’s God” to which Thomas Jefferson made such eloquent appeal in the Declaration of Independence. Further, American politics since the founding of the republic has been characterized by a commitment, with more or less success, to the simple truth James Madison posited in The Federalist. “Justice,” Madison declared, “is the end of government. It is the end of civil …