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Nihilism and the End of the Law

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Description: Article by Phillip E Johnson, Professor of Law at UC-Berkeley. (March 01, 1993)
Nihilism and the End of the Law When President Bush nominated Judge Clarence Thomas to a vacancy on the United States Supreme Court, liberals opposed to confirming the nomination at first directed critical scrutiny to statements the nominee had made in favor of employing "natural law" in constitutional interpretation. The Chairman of the Judiciary Committee that had to pass upon the nomination, Democratic Senator Joseph Biden, emphasized that he too believed in the existence of natural law. Indeed, he had successfully opposed a previous Republican nominee to the Supreme Court, Judge Robert Bork, in part because Bork had denied that the Constitution protects certain "natural" rights that are not mentioned in the document itself. At that time Senator Biden had insisted that "My rights are not derived from any government. . . . My rights are because I exist. They were given to me and each of our fellow citizens by our Creator and they represent the essence of human dignity."
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