Jump to ContentJump to Main Navigation
The Decline of Natural LawHow American Lawyers Once Used Natural Law and Why They Stopped$
Users without a subscription are not able to see the full content.

Stuart Banner

Print publication date: 2021

Print ISBN-13: 9780197556498

Published to Oxford Scholarship Online: April 2021

DOI: 10.1093/oso/9780197556498.001.0001

Show Summary Details
Page of

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

The Decline of Natural Law and Custom

The Decline of Natural Law and Custom

(p.167) 7 The Decline of Natural Law and Custom
The Decline of Natural Law

Stuart Banner

Oxford University Press

This chapter takes a close look at how natural law and custom virtually disappeared from the legal system in the late 19th and early 20th centuries. These were important changes, because they knocked out the common law’s two traditional foundations. If neither natural law nor custom were to play a role in the legal system, lawyers would have to rethink the grounding of the common law and the nature of common law decisionmaking. Natural law had also been a guide for judges in ascertaining the meaning of statutes and sometimes even in striking them down. Without natural law, lawyers would have to rethink the nature of statutory interpretation.

Keywords:   natural law, customary law, judge, common law, statute, statutory interpretation, Oliver Wendell Holmes, James Coolidge Carter, John Chipman Gray

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .