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The Decline of Natural LawHow American Lawyers Once Used Natural Law and Why They Stopped$
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Stuart Banner

Print publication date: 2021

Print ISBN-13: 9780197556498

Published to Oxford Scholarship Online: April 2021

DOI: 10.1093/oso/9780197556498.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 04 December 2021

Echoes of Natural Law

Echoes of Natural Law

(p.222) 9 Echoes of Natural Law
The Decline of Natural Law

Stuart Banner

Oxford University Press

This chapter examines the status of natural law in the legal system over the past century. In law schools, natural law never ceased to be a topic of study. This academic interest in natural law has had almost no effect on the working legal system, where natural law has been relied upon by only the most idiosyncratic of judges and lawyers. The history of our use of natural law has nevertheless continued to exert influence on the legal system, which still contains doctrines and practices that were once based on the law of nature.

Keywords:   natural law, jurisprudence, legal realism, Lon Fuller, Hugo Black, Clarence Thomas, human rights, judge

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