First published 2023
Judge Andrew Napolitano examines how natural law principles should limit government power in America. He traces these concepts from ancient philosophers like Aristotle, Augustine, and Aquinas through their development in English and American legal systems. Napolitano argues that human rights stem from our inherent nature rather than government grants or social agreements. He shows how James Madison embedded this philosophy in the Ninth Amendment during the Constitution's creation. The book chronicles how the Supreme Court has both embraced and rejected natural law theory throughout American history. Napolitano compiled every published work in English on natural law theory, plus select Latin and Spanish texts. He analyzed Supreme Court decisions that either supported or opposed innate human freedoms. This represents his tenth book on constitutional history and synthesizes decades of legal scholarship. The work serves both legal professionals and general readers interested in how courts have historically approached fundamental rights and freedoms.
Genres: history, political-science, non-fiction, law, academic, american-history
Vibes: intimate, suspenseful, thought-provoking
Tropes: historical-non-fiction, legal-analysis
Setting: America, England
Period: Ancient, Medieval, American-History
498 pages · Hardcover · Academica Press