Natural Rights and the Right to Choose
Hadley Arkes argues that the "right to choose an abortion" has functioned as the "right" that has shifted the political class from doctrines of natural right. The new "right to choose" overturned the liberal jurisprudence of the New Deal, and placed jurisprudence on a notably different foundation. And so even if there is a right to abortion, that right has been detached from the logic of natural rights and, in that way, stripped of its moral substance.
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Hadley Arkes argues that the 'right to abortion' has shifted the American political class away from the doctrine of natural rights held by the Founders.
1Introduction : backing into treason12The drift from natural rights113On the things the founders knew - and how our judges came to forget them344Abortion and the "modest first step"725Antijural jurisprudence1126Prudent warnings and imprudent reactions : "judicial usurpation" and the unraveling of rights1477Finding home ground : the axioms of the Constitution1858Spring becomes fall becomes spring : a memoir234
