Noam Chomsky, Syntactic Structures (1978).
First Inaugural Address, March 4, 1861.
For the elaboration of this contrast between “higher law” thinking and
“legalism” in the Civil War, see Robert Penn Warren, The Legacy of the Civil
The heir to this position in contemporary American jurisprudence is Lon
Fuller in his debate with H. L. A. Hart in the Harvard Law Review. See H. L.
A. Hart, “Positivism and the Separation of Law and Morals, ” 71 Harv. L. Rev.
593 (1958); Lon L. Fuller, “Positivism and Fidelity to Law—A Reply to Professor Hart, ” 71 Harv. L. Rev. 630 (1958).
See Warren, supra note 3, at 26.
The higher law tradition in the United States has taken various forms. It
is the foundation of judicial review. See Edward Corwin, “The Higher Law
Background of the Constitution, ” 42 Harv. L. Rev. 365 (1928). It is also the basis for the contemporary assertion of a Constitution based in moral principles.
See Ronald Dworkin, Freedom's Law: The Moral Reading of the Constitution
And indeed the Constitution of the Confederacy outlawed the international slave trade. See Constitution of the Confederacy, Art. I, Sec. 9.
Questia, a part of Gale, Cengage Learning. www.questia.com
Book title: Our Secret Constitution: How Lincoln Redefined American Democracy.
Contributors: George P. Fletcher - Author.
Publisher: Oxford University Press.
Place of publication: New York.
Publication year: 2001.
Page number: 261.
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