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12/29/2017

Santiago Legarre: A New Natural Law Reading of the Constitution
Michael Ramsey

Santiago Legarre (Universidad Catolica Argentina; Notre Dame Law School) has posted A New Natural Law Reading of the Constitution (Louisiana Law Review (2018), forthcoming) on SSRN.  Here is the abstract:

This article first explains what natural law is not; secondly, it explains what is natural law; finally, and hopefully more originally, the article explores two different ways in which natural law is relevant in constitutional interpretation (and indeed in the interpretation of any positive law). In so doing it criticizes originalist theories of interpretation insofar as they make of historical inquiry not the starting but the final point of the interpretative venture.