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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 Sutherland's 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.

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CHOICE Review

Here is a jurisprudential biography of one of the Nine Old Men on the 1930s Supreme Court. Justice Sutherland, a towering legal figure from Utah, wrote a number of the Court's landmark decisions, including Powel v. Alabama, Carter v. Carter Coal Co., U.S. v. Belmont, U.S. v. Curtiss-Wright, and others. Arkes is concerned that the present Court and its immediate predecessors have moved away from decisions with traditional moral dimensions. Hence he seeks to show how the natural rights emphasis of Justice Sutherland can restore the Court to a proper jurisprudential position. That position would certainly be politically conservative and pre-New Deal. The author writes an interesting brief, even if suited for an earlier era. Academic style. Adequately documented, with good index. Recommended for graduate and research law collections. L. E. Noble Jr.; emeritus, Clark Atlanta University

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Hadley Arkes is the Edward Ney Professor of Jurisprudence and American Institutions at American College. His books include First Things and Beyond the Constitution (Both published by Princeton University Press).