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Abstract

Most modern jurists, legal scholars and legislators refuse to recognize the existence of a divinely created natural or higher law, fearing that such recognition gives individual judges the opportunity to impose their personal and private notions of justice in the name of natural law. Such a fear, however, is misplaced because subjective standards of human discretion must control juridical decision making unless a divinely established, objective fixed standard exists. That the framers of the Constitution of the United States of America established the American government upon a foundation of this divinely created natural or higher law is demonstrated by a study of the Declaration of Independence, and English common law from which American law sprang. This divine creation foundation has been largely abandoned today in favor of a jurisprudence based on evolution. Creation jurisprudence provides a model that enables mankind to discover and know the substance of the divinely created natural or higher law.

Keywords

Natural law; higher law; Creation jurisprudence; Constitution of the United States; Declaration of Independence

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Creative Commons License

Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License
This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License.

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