Why plessy/brown and bowers/lawrence are correct: Thomistic natural law as the content of a moral constitutional interpretation

This article posits the use of Thomistic natural law as the content for a moral constitutional interpretation. Surveying the history of natural law, from the Roman period through modernity, it concludes that the dynamic theory of natural law put forth by Aquinas provides the best baseline for a natural law / moral interpretation of the United States Constitution. The most apparent consequence of using this dynamic conception of natural law is that ostensibly antithetical case law, such as Plessy / Brown and Bowers / Lawrence, can be seen as consistent with then prevailing interpretations of what constitutes the proper scope of constitutional provisions. Plessy and Bowers can be seen as products of a then prevailing constitutional interpretation of due process and equal protection that was rendered obsolete by evolving principles of political morality and equality in society in general. The result was Brown and Lawrence. It is the evolution of interpretation, in this context, that fits with the Thomistic conception of natural law, and it is for that reason that this conception provides such a fertile touchstone for gauging constitutional interpretation across generations.
Keywords No keywords specified (fix it)
Categories No categories specified
(categorize this paper)
 Save to my reading list
Follow the author(s)
My bibliography
Export citation
Find it on Scholar
Edit this record
Mark as duplicate
Revision history Request removal from index Translate to english
Download options
PhilPapers Archive

Upload a copy of this paper     Check publisher's policy on self-archival     Papers currently archived: 15,914
External links
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
Through your library
References found in this work BETA

No references found.

Add more references

Citations of this work BETA

No citations found.

Add more citations

Similar books and articles

Monthly downloads

Added to index


Total downloads

4 ( #405,485 of 1,725,580 )

Recent downloads (6 months)

1 ( #349,436 of 1,725,580 )

How can I increase my downloads?

My notes
Sign in to use this feature

Start a new thread
There  are no threads in this forum
Nothing in this forum yet.