Book contents
- Frontmatter
- Contents
- Acknowledgments and Dedication
- ONE Introduction: Backing into Treason
- TWO The Drift from Natural Rights
- THREE On the Things the Founders Knew – and How Our Judges Came to Forget Them
- FOUR Abortion and the “Modest First Step”
- FIVE Antijural Jurisprudence
- SIX Prudent Warnings and Imprudent Reactions: “Judicial Usurpation” and the Unraveling of Rights
- SEVEN Finding Home Ground: The Axioms of the Constitution
- EIGHT Spring Becomes Fall Becomes Spring: A Memoir
- Postscript, January 2004
- Index
EIGHT - Spring Becomes Fall Becomes Spring: A Memoir
Published online by Cambridge University Press: 05 June 2012
- Frontmatter
- Contents
- Acknowledgments and Dedication
- ONE Introduction: Backing into Treason
- TWO The Drift from Natural Rights
- THREE On the Things the Founders Knew – and How Our Judges Came to Forget Them
- FOUR Abortion and the “Modest First Step”
- FIVE Antijural Jurisprudence
- SIX Prudent Warnings and Imprudent Reactions: “Judicial Usurpation” and the Unraveling of Rights
- SEVEN Finding Home Ground: The Axioms of the Constitution
- EIGHT Spring Becomes Fall Becomes Spring: A Memoir
- Postscript, January 2004
- Index
Summary
I sought to offer, in these pages, a reflection on currents long at work in our law; currents that have produced, over the last 20 years, moral transformations that run deep. So deep, I have argued, that a large portion of our political class have now absorbed premises that detach them from the premises of the American Founders, and the Constitution they brought forth. Regrettably, those currents will not soon be altered by anything shifting in our political seasons. But this book has also been, in part, a chronicle of events unfolding even now in our politics, and of plans that have, as their end, a remaking of the laws. In that part, the book has been a memoir, set down by one who has been a participant at the periphery of our politics. As I have argued here, that “right to abortion,” so seductive to many people of standing in our politics, has been the vehicle by which many of these people, highly schooled, highly placed, have talked themselves out of the logic of natural rights. That problem was posed in the sharpest way in the litigation over the bills on partial-birth abortion, as the political class had to put the question of whether that right to abortion would find a limit anywhere. If there was no barrier in infanticide – in the destruction of children at the point of birth – there might be no barrier any-where in that vast field encompassing “homicide” in all its varieties.
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- Chapter
- Information
- Natural Rights and the Right to Choose , pp. 234 - 294Publisher: Cambridge University PressPrint publication year: 2002