Truth About Natural Law History, Theory, Consequences

Long sidelined in legal discourse, natural law is undergoing a major resurgence in the United States, with dozens of books and articles on the topic, and several sitting judges referring to it in judicial decisions or legal writings. Yet its century-long dormancy has left many jurists and laypeople with a limited and superficial understanding of what natural law is about. Truth About Natural Law addresses this gap, offering an accessible yet critical exploration of the theory, history, and contemporary relevance of natural law.

Brian Z. Tamanaha draws on a wealth of original material to explore the diverse natural law and natural rights positions of prominent past and contemporary authorities. Highlighting the syncretic nature of this tradition, he engages critically with contemporary Aristotelian-Thomists and John Finnis' New Natural Law Theory, offering a critical evaluation of natural law's claims to truth. Rooted in ancient myths of divine law and later adopted by both Catholic doctrine and Western legal thought, Tamanaha demonstrates how natural law played a formative role in shaping Western legal systems-while also being used to justify slavery, the subordination of women, and imperialism. This book offers a vital, timely reappraisal of natural law's legacy and its place in today's legal and political debates.