Year: 2025
Type: article
Abstract: This essay delves into the landmark case of Loving v. Virginia (1967), specifically the clash between the state’s legislative authority and the fundamental ideas of natural law and legal realism. This case serves as a key point in the United States’ history in the dismantlement of racial segregation and anti-miscegenation laws. I argue that the majority ruling in this case highlights adherence to the moral principles and the broader social implications of natural law and legal realism over the command thesis of legal positivism. Through a critical examination of the political and social context in the US surrounding this case, the nuances of Loving v. Virginia, and the application of these legal and ethical theories, it is to be asserted that the judiciary’s commitment to the stated principles played a pivotal role in challenging and reshaping discriminatory state authority and creating a more just and equitable legal landscape.
Source: Political analysis.
Author: Sydni Harris
Institution: Seton Hall University
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: bronze
Funder: Strong
OpenAlex ID: W4415338241
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