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Frontmatter -- CONTENTS -- PREFACE -- I. INTRODUCTION -- II. ON THE CAPACITY FOR MORALS AND THE ORIGINS OF LAW -- III. THE "ONE AND ONLY LEGITIMATE CONSTITUTION": GOVERNMENT BY LAW AND GOVERNMENT BY CONSENT -- IV. ON NECESSARY TRUTHS AND THE EXISTENCE OF MORALS -- V. MORAL PRINCIPLES, VALID AND SPURIOUS -- VI. ON "VULGAR SYSTEMS OF MORALITY": THE MYTH OF "FACTS" AND "VALUES" -- VII. THE FALLACIES OF CULTURAL RELATIVISM; OR, ABBOTT AND COSTELLO MEET THE ANTHROPOLOGIST -- VIII. FIRST PRINCIPLES: A PROVISIONAL SUMMARY -- IX. ON THE GROUNDS FOR EXEMPTION FROM THE LAW: IS CONSCIENTIOUS OBJECTION MORAL? -- X. CAN THERE BE AN OBLIGATION TO RISK ONE'S LIFE FOR ONE'S COUNTRY? THE ATTRACTIONS AND DANGERS OF HOBBES'S TEACHING -- XI. ON THE JUSTIFICATIONS OF WAR AND THE TWO VIETNAMS -- XII. THE MORALITY OF INTERVENTION -- XIII. THE OBLIGATION TO RESCUE AND SUPEREROGATORY ACTS -- XIV. THE MORAL CASE FOR WELFARE, THE TROUBLED CASE FOR REDISTRIBUTION -- XV. PRIVACY AND THE REACH OF THE LAW -- XVI. THE QUESTION OF ABORTION AND THE DISCIPLINE OF MORAL REASONING -- XVII. ABORTION AND THE FRAMING OF THE LAWS -- XVIII. CONCLUSION -- INDEX

The Marshall Plan has been widely regarded as a realistic yet generous policy, and a wise construction of the national interest. But how was the blend of interest and generosity in the minds of its initiators transformed in the process of bureaucratic administration? Hadley Arkes studies the Marshall Plan as an example of the process by which a national interest in foreign policy is defined and implemented. The author's analysis of the efforts to design the Economic Cooperation Agency demonstrates how the definition of the national interest is fundamentally linked to the character of the pol

Introduction : the anchoring common sense and the puzzles of the law -- On the novelties of an old constitution : settled principles and unsettling surprises -- The natural law--again, ever -- Lochner and the cast of our law -- The strange case of prior restraint : the Pentagon Papers -- Near revisited -- The saga of Frank Snepp and the new regime of previous restraints -- And yet ... a good word on behalf of the legal positivists -- Conclusion and afterword.

This book stands against the current of judgments long settled in the schools of law in regard to classic cases such as Lochner v. New York, Near v. Minnesota, the Pentagon Papers case, and Bob Jones University v. United States. Professor Hadley Arkes takes as his subject concepts long regarded as familiar, settled principles in our law - 'prior restraints', ex post facto laws - and he shows that there is actually a mystery about them, that their meaning is not as settled or clear as we have long supposed. Arkes shows this in his text, arguing that the logic of the natural law provides the key to this chain of legal puzzles

Over the last thirty years the American political class has come to talk itself out of the doctrines of 'natural rights' that formed the main teaching of the American Founders and Abraham Lincoln. With that move, it has removed the ground for its own rights. Ironically, this transition has been made without awareness, with a serene conviction that constitutional rights are being expanded. In the name of 'privacy' and 'autonomy', new claims of liberty have been unfolded, all of them bound up in some way with the notion of sexual freedom. The 'right to choose an abortion' has been the 'right' to shift the political class from doctrines of natural right. This new right overturned the liberal jurisprudence of the New Deal, placing jurisprudence on a different foundation. If there is a right to abortion, it has been detached from the logic of natural rights and stripped of moral substance

After reestablishing the connection between morality and the law, the author develops a coherent position on many of the most controversial issues of urban life: the political uses of the streets; verbal assaults and the defamation of racial groups; the legitimate restriction of public speech; segregation, busing, and the use of racial quotas; education, housing, and the problem of the ghetto"; prostitution, gambling, and the "regulation of vices."Originally published in 1981. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These paperback editions preserve the original texts of these important books while presenting them in durable paperback editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905

After reestablishing the connection between morality and the law, the author develops a coherent position on many of the most controversial issues of urban life: the political uses of the streets; verbal assaults and the defamation of racial groups; the legitimate restriction of public speech; segregation, busing, and the use of racial quotas; education, housing, and the problem of the ghetto"; prostitution, gambling, and the "regulation of vices."Originally published in 1981. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These paperback editions preserve the original texts of these important books while presenting them in durable paperback editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905

The Marshall Plan has been widely regarded as a realistic yet generous policy, and a wise construction of the national interest. But how was the blend of interest and generosity in the minds of its initiators transformed in the process of bureaucratic administration? Hadley Arkes studies the Marshall Plan as an example of the process by which a national interest in foreign policy is defined and implemented. The author's analysis of the efforts to design the Economic Cooperation Agency demonstrates how the definition of the national interest is fundamentally linked to the character of the pol

The city of Cincinnati, we know, can be an engaging place, but federal judge Arthur Spiegel also found, in the mid-'90s, that it could be quite a vexing place. The city council of Cincinnati had passed what was called the Human Rights Ordinance of 1992, which barred virtually all species of discrimination—including discrimination on the basis of "Appalachian origin." But the bill also encompassed a bar on discrimination based on "sexual orientation." This kind of bill, in other places, had been turned into a club to be used against evangelical Christians who might refuse, on moral grounds, to rent space in their homes to gay or lesbian couples. And so a movement arose in Cincinnati, modeled on a similar movement in Colorado, to override the ordinance passed by the council: this would not be a referendum merely to repeal the law, but a move to amend the charter of the municipal government and remove, from the hands of the local legislature, the authority to pass bills of this kind. In effect, this was an attempt to override an ordinary statute by changing the constitution of the local government. The amendment did not seek to make homosexual acts the grounds for criminal prosecutions; it sought, rather, to bar any attempt to make gay and lesbian orientation the ground for special advantages, quotas, or preferential "minority status" in the law. The framers of the amendment objected to the tendency to treat gays and lesbians on the same plane as groups that have suffered discrimination based on race, religion, or gender. The proposal, known as Issue 3, drew wide support and passed in a referendum in 1993. It was, of course, challenged in the courts, which is why it found its way into the hands of Judge Spiegel.