[ninenot]

I dunno that it started w/Griswold--and I'm not sure that "individual rights" is really the root cause.

I'd be happy to propose that legal positivism is the root cause and that the Incorporation (14th Amendment) was the proximate cause.

I think (IIRC) this is why Bork was crucified--he had proposed to migrate from positivism to natural law emphasis--which would have been an atomic bomb in the Progressive Party's lap.

pinging legal brains.

[patent]

I'd be happy to propose that legal positivism is the root cause and that the Incorporation (14th Amendment) was the proximate cause.

Positivism is a huge problem, IMHO. There are various wings to it, some worse than others.

I think (IIRC) this is why Bork was crucified--he had proposed to migrate from positivism to natural law emphasis--which would have been an atomic bomb in the Progressive Party's lap.

I don’t recall associating Bork with what I consider natural law. patent

[Dumb_Ox]

I think (IIRC) this is why Bork was crucified--he had proposed to migrate from positivism to natural law emphasis--which would have been an atomic bomb in the Progressive Party's lap.

As I recall, Bork got in trouble for *denying* natural rights and natural law reasoning. Sure you're not thinking of Thomas?

Plenty of contemporary Catholic natural law theorists are opposed to natural law/natural rights reasoning in the judicial branch of the government, thinking it best left to the legislature. I believe Bork would still side with them even after his conversion.