Natural right and oversight
The use and abuse of “natural law” in the Clarence Thomas hearings
Bibliographic Data
| ID | 12409653 |
|---|---|
| Authors | Ken Masugi (California State University, San Bernardino, corresponding author) |
| Year | 1992 |
| Volume | 9 |
| Issue | 4 |
| Pages | 231-250 |
| Publication date | 1992-10-01 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | Political Communication (JOURNAL) |
| Journal identifiers | ISSN: 1058-4609 • E-ISSN: 1091-7675 |
| Publisher | Taylor & Francis (PUBLISHER • GB) |
| DOI | 10.1080/10584609.1992.9962948 |
| OpenAlex | W2078232864 |
| Language | EN |
| References cited | 11 |
The discussion of natural law in Supreme Court nominee Clarence Thomas's hearings confused most commentators and produced little enlightenment. But given the politics of the confirmation process, nominee Thomas's evasive course of action was not unreasonable. The lack of an illuminating discussion does not in any way lessen the importance of the issues posed by Thomas's arguments on natural law. His arguments remain vital to our understanding of constitutional issues today. The author, a former aide to Thomas, surveys and summarizes the significance of natural right thinking for Thomas's writings on separation of powers and civil rights. Most of the article recounts and analyzes the arguments raised against Thomas by different interest groups, scholars, and Senators on the Judiciary Committee. It concludes with some reflections on the place of natural right thinking in constitutional scholarship
Enlightenment · Epistemology · Natural (archaeology · Natural law · Political science · Politics · Scholarship · Sociology · Supreme court · American Constitutional Law and Politics · History · Judicial and Constitutional Studies · Law · Legal and Constitutional Studies · Philosophy
| Citation velocity | historical |
|---|---|
| Highly cited | No |