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FIVE - Antijural Jurisprudence

Published online by Cambridge University Press:  05 June 2012

Hadley Arkes
Affiliation:
Amherst College, Massachusetts
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Summary

Henry James said of one of his characters that he was the victim of perplexities from which a single spark of direct perception might have spared him. If we were to credit their own words, we would have to suppose that a cluster of federal judges, men and women who had been schooled at the priciest academies in the land, really could not fathom what was meant by a “partial-birth” abortion. For in one decision after another, beginning in the summer of 1997, and picking up momentum, in a building series of decisions by the spring ofl998, the judges were confronting bills on partial-birth abortion in the States, and striking down everyone of them on the claim that the statutes were afflicted with a fatal “vagueness.” In the legends of the law a “vague statute” might be something on the order of an ordinance that barred any “fooling around in the park.” It would be vague in the sense that it was tellingly imprecise about the conduct it meant to forbid, and so even the ordinary person, strolling in the park, might not have a fair warning of the kind of conduct that might be punishable. Under those conditions, a person of ordinary prudence might take care to steer a wider course away from the range of conduct that could run afoul of the law.

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Publisher: Cambridge University Press
Print publication year: 2002

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  • Antijural Jurisprudence
  • Hadley Arkes, Amherst College, Massachusetts
  • Book: Natural Rights and the Right to Choose
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9781139164955.005
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  • Antijural Jurisprudence
  • Hadley Arkes, Amherst College, Massachusetts
  • Book: Natural Rights and the Right to Choose
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9781139164955.005
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Antijural Jurisprudence
  • Hadley Arkes, Amherst College, Massachusetts
  • Book: Natural Rights and the Right to Choose
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9781139164955.005
Available formats
×