The Return of George Sutherland

About this book

In this book Hadley Arkes seeks to restore for a new generation the jurisprudence of the late Justice of the Supreme Court George Sutherland--a jurisprudence anchored in the understanding of natural rights. The doctrine of natural rights has become controversial in our own time while Sutherland has been widely maligned and screened from our historical memory. He is remembered today as one of the "four horsemen" who resisted Roosevelt and the New Deal; but we have forgotten his leadership in the cause of voting rights for women. Both liberal and conservative jurists now deride Sutherland yet both groups continue to draw upon his writings. Liberals look to Sutherland for a jurisprudence that protects "privacy" against the rule of majorities as in matters concerning abortion or gay rights. Conservatives will appeal to his defense of freedom in the economy. However both liberals and conservatives deny the premises of natural rights that provided the ground and coherence of Sutherlands teaching. Arkes contends that Sutherland can supply what is missing in both conservative and liberal jurisprudence. He argues that if a new generation can look again with unclouded eyes at the writings of Sutherland both liberals and conservatives can be led back to the moral ground of their jurisprudence. This compelling intellectual biography introduces readers to an urbane man and a steely judge who has been made a stranger to them.