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Full-Text Articles in Law

The "Value Of Human Life" And "The Right To Death": Some Reflections On Cruzan And Ronald Dworkin, John M. Finnis Jan 1993

The "Value Of Human Life" And "The Right To Death": Some Reflections On Cruzan And Ronald Dworkin, John M. Finnis

Journal Articles

No abstract provided.


'Posterity' In The Preamble And A Positivist Pro-Life Position, Raymond B. Marcin Jan 1993

'Posterity' In The Preamble And A Positivist Pro-Life Position, Raymond B. Marcin

Scholarly Articles and Other Contributions

Arguments for the overturning of the Roe decision can be grouped into two categories: (1) the positivist argument that, contrary to the assertions in the Roe decision, nothing in the Constitution protects the right to privacy in the abortion decision (thus leaving legislatures free to regulate the matter), and (2) the natural law argument that a fetus or unborn child has a fundamental and inalienable right to life (thus preventing legislatures from regulating the matter, except for compelling governmental reasons). The right-to-life movement is grounded upon the latter, natural law position. The difficulty for the pro-life movement is that, if ...


Natural Rights, Natural Law, And American Constitutions, Philip A. Hamburger Jan 1993

Natural Rights, Natural Law, And American Constitutions, Philip A. Hamburger

Faculty Scholarship

Natural rights and natural -law are ideas that frequently seem to have something in common with the elusive shapes of a Rorschach test. They are suggestive of well-defined, recognizable images, yet they are so indeterminate that they permit us to see in them what we are inclined to see. Like Rorschach's phantasm-inducing ink blots, natural rights and natural law are not only suggestive but also indeterminate – ideas to which each of us can plausibly attribute whatever qualities we happen to associate with them. For this reason, we may reasonably fear that natural rights and natural law are ideas often ...


Natural Rights, Natural Law, And American Constitutions, Philip A. Hamburger Jan 1993

Natural Rights, Natural Law, And American Constitutions, Philip A. Hamburger

Faculty Scholarship

Natural rights and natural -law are ideas that frequently seem to have something in common with the elusive shapes of a Rorschach test. They are suggestive of well-defined, recognizable images, yet they are so indeterminate that they permit us to see in them what we are inclined to see. Like Rorschach's phantasm-inducing ink blots, natural rights and natural law are not only suggestive but also indeterminate – ideas to which each of us can plausibly attribute whatever qualities we happen to associate with them. For this reason, we may reasonably fear that natural rights and natural law are ideas often ...