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Natural Law and Constitutional Originalism

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 11 Jun 2013   Posted by Andrew Fulford


Dr. David Upham from the University of Dallas writes at the Liberty Law blog about the relation of natural law to originalism in judicial interpretation. He concludes:

Natural law theory, if true, affords nobility to such uncreative fidelity.  According to the theory, the will of the many, as defined in law, can represent a participation, albeit imperfect, in Divine reason.  Judicial fidelity to a popular Constitution, then demands not humility before the masses, but piety before nature’s Author.  The piety of the faithful originalist might thus represent a virtue that can rival the glamorous creativity of the judicial artist.

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Written by Andrew Fulford
Andrew Fulford is currently studying for a PhD in Reformation history.





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