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Philip Muñoz’s new book helps illuminate the “social contract–natural rights” style of reasoning that was undoubtedly influential at the Founding. But I find it hard to follow—or, for that matter, to fathom—when this sort of reasoning from fictions is deployed normatively to justify contemporary prescriptions that would otherwise seem unjust or undesirable.
According to Steven Smith, it’s meaningless to speak of our inherent natural rights. He dismisses the Founders without properly understanding them. A return to the Founders’ natural rights constitutionalism may not offer the best alternative to protect religious liberty today. But we cannot even entertain the possibility that it might if we do not understand the principles of justice or the practical meaning of the philosophy that originally animated the Constitution.
In Religious Liberty and the American Founding, Phillip Muñoz believes that there is a kind of natural rights logic that leads to his minimalist version of religious freedom. His central premise is that the Constitution should be interpreted according to the “natural rights” logic that was prevalent in the Founding period; and he tries to follow this logic to its conclusions, come hell or high water.
Although social contract theory is a prominent feature of the American founding, it is both unsound and harmful to a proper understanding of politics. This fact presents a challenge to any form of conservatism that is based on protecting and promoting the principles of the American founding.
National Review midwifed and nurtured the modern conservative movement into being. Conservatism today is in a very different situation from the one that Bill Buckley confronted in 1955. There is this vast conservative enterprise now; it’s kind of hydra-headed. But the basic need is, first, to think about the circumstances in which we find ourselves and how to apply conservative principles to them—or a conservative disposition, if one prefers—and second, how to build a coalition that is large enough to take these ideas off of the shelf.
Lord Shaftesbury’s success in transforming education for the poor provides a variety of lessons for us today. His “ragged schools” suggest that by increasing local control of schools, expanding vocational training, and introducing curricula that recognize the integrated nature of human beings, our society might become more enriched—both materially and spiritually.
John Witte, Jr.’s The Blessings of Liberty offers a wonderful overview of the development of human rights in the West. He contends that natural rights are found in the Bible, were developed by Christian thinkers, and played an important role in the West long before Enlightenment thinkers wrote about them. Witte also focuses on religious freedom more narrowly as the preeminent right.
Francis Fukuyama offers a useful account of the pathologies of liberalism and argues that it still has the internal resources necessary to resist its critics. But his defense of liberalism seems designed only to appeal to likeminded centrists. Liberalism today should not be about splitting differences and seeking moderation, but staking out its ground and affirming its beliefs.
Readers of Thomas Kidd’s book, Thomas Jefferson: A Biography of Spirit and Flesh, are left with a portrait of a brilliant, morally flawed, and often contradictory, overindulgent, and undisciplined man—a combination not uncommon in great men. The biography is careful and balanced in its presentation of the evidence, revealing a man of monumental achievements and profound failings.
For the rationalist or fundamentalist character, hope cannot but seem inadequate, even corny. Such a character has a rage for order and cannot but suffer an anxious repulsion for disorder. Hope, on the other hand, is not blind, or merely optimistic, nor is hope something we churn up in ourselves as a kind of subjective attitude. Hope, rather, is a virtue. It is a state that perfects us, makes us well, capable of thinking, living, and acting in the freedom of excellence.
Yoram Hazony’s Conservatism: A Rediscovery offers a valuable new take on non-Lockean political theory, grounded in the Biblical tradition and relevant to our current affairs. Part one of a two-part review.
The right to the pursuit of happiness is coherent only in the full theological context of the Declaration of Independence.
Built Better Than They Knew Studies endeavors to show that our practice of self-government rises above simplistic ideological reductions and achieves political equilibrium. From its beginnings, our country has been a blend of ideas, practices, and understandings of what it means to be a free and flourishing human person within community, local and national. That means that our theory must be sufficiently aware of a political practice that involves contrasting accounts of how Americans choose to be constitutional.
Peter Augustine Lawler was a rich, dialectical, and irenic thinker who strove to prevent fruitful tensions from transforming into dangerously implacable oppositions. His wisdom was attuned to the needs of the late modern age. It has been nearly five years since his unexpected death at the age of sixty-five, and his wisdom remains just as needed now as it’s ever been.
Genuine postmodernism—a real reflection on the failure of the modern project—would be a recovery of the idea that the lives of free and rational beings are really directed by purposes given us by nature and God.
Adrian Vermeule’s new book, an attempt to rescue American constitutional law by recurring to the “classical legal tradition,” is undone by the author’s unreasonable attack on originalism and his inattention to the Constitution and its history.
These days, major debates on the floor of the Senate and House of Representatives are exceedingly rare. For members of Congress to behave as proper legislators, the institution as a whole should be reformed. Members must strike a new bargain with leadership in both chambers that gives them the space to debate and legislate. We should expect more of Congress, and members of Congress should expect more of each other.
Based on Russia’s advantages in soldiers, tanks, and aircraft, Putin’s forces should have taken Kyiv, decapitated the Ukrainian government, and installed a pro-Russian regime in just a few days. But numbers aren’t everything. If they had paid closer attention to Russia’s greatest novel, War and Peace, Putin’s strategists might have been less surprised.
For Christians, UATX’s educational model poses a dilemma. On the one hand, guided by the truths of revelation, how could Christians endorse an institution that eschews all claims to prior knowledge? On the other hand, is there a strategic advantage to allying with non-sectarian schools when the bulk of American universities are unyielding partisans of secularism?
The continuity between administration and teaching for me has always had to do with the question of the moral, intellectual, and spiritual development of young people. Finding creative ways to meet students where they are and draw them into the most important questions is a source of endless fascination for me. When it comes to education, it may be the case that, as Alasdair MacIntyre argues, the only way to carry on sustained debate is from within and between rival traditions, assuming, that is, that members of a particular tradition are genuinely interested in engaging perspectives quite different from their own.
For the conservative theorists of the poison pill, everything becomes about ideas. According to them, Ockham, Scotus, Bacon, Descartes, Locke—they are the important bad guys who determined the decadence of our time and the problems we should be talking about. But ideas don’t work this way; reality does not proceed with perfect logic like it so conveniently does in the textbooks.
The only way to avoid a posthuman future is by affirming the goodness of being human in both our personal choices and social and legal institutions. Most importantly, we should recommit to the virtue of religion: giving God His due. Religion teaches us to value the ontological goodness of our creatureliness, exhorts us to take steps to preserve it, and gives us the confidence to do so. When we’re steeped in a religious mode of being, we’re content just to be human; we have no need or desire to grasp for more.
Reading recommendations from The Witherspoon Institute’s staff.
In his recent book, Glenn Ellmers argues that the political philosopher Harry V. Jaffa can help us meet the manifold challenges of the crisis of the West. Jaffa’s teachings on statesmanship and prudence provide a path to reverse America’s decline.