Abstract

Justice Antonin Scalia once stated in response to a question concerning the role of natural law in judicial decision-making: “What did I learn at Harvard Law School that gives me any more insight into whether there ought to be a right to assisted suicide or . . . homosexual sodomy or . . . abortion?” The answer: nothing. Once upon a time, however, natural law formed an integral part of a well-rounded legal education. But the influence of thinkers like “the American Nietzsche” Oliver Wendell Holmes, Jr. effectively banished natural law from the legal education landscape early in the Twentieth Century. However, natural law seems to be in the early stages of resurgence today. J. Budziszewski succinctly notes this shift in his book Natural Law for Lawyers, calling natural law “a tradition which is mostly ignored in law school, but which was once the foundation of legal education and is presently enjoying a renaissance.” The goal of this paper is to encourage and support that resurgence, in the hopes that the poor Antonin Scalias of the future would not be so ignorant.

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