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Natural Law, Liberalism, and MoralityContemporary Essays$
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Robert George

Print publication date: 2001

Print ISBN-13: 9780199243006

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780199243006.001.0001

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Getting Normative: The Role of Natural Rights in Constitutional Adjudication

Getting Normative: The Role of Natural Rights in Constitutional Adjudication

Chapter:
(p.151) 8 Getting Normative: The Role of Natural Rights in Constitutional Adjudication
Source:
Natural Law, Liberalism, and Morality
Author(s):

Randy E. Barnett

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199243006.003.0008

This chapter discusses the two questions that were posed by Suzanna Sherry, which can be viewed as posing two distinct challenges. The first question is ‘can we take natural rights into account today?’, while the second question is ‘do we want to?’. The first question can be considered as pragmatic or practical, while the second question can be considered as more purely normative than the first. Constitutional adjudication both can and should take natural rights into account.

Keywords:   Suzanna Sherry, constitutional adjudication, natural rights

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