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It was on the foundation of St. Augustine’s natural law theory, then, that Martin Luther King, Jr. discovered the grounds of civil disobedience: “A just law is a man-made code that squares with the moral law or the law of God. An unjust law is a code that is out of Harmony with the moral law.” Nor did he stop there. He invoked Aquinas, Martin Buber, Socrates, Tillich, and Niebuhr (among other authorities) to establish that the claim he defended was not a parochial claim merely derived from majority rule. To defend civil rights for black people meant to prove that “segregation is not only politically, economically and sociologically unsound, it is morally wrong and sinful.”
Like cousins who resemble one another, common law and natural law are sometimes confused. There is in fact a deep affinity between common law and natural law, but it is better at the outset to describe their differences, and best to do this historically.
One Nation Conservatism is itself a type of fusionism, a traditionalist-progressive mix rather than a traditionalist–classical liberal one. Traditionalists should not abandon a pragmatic alliance with the latter for intellectual commitment to the former.
Pitting as it does two different conceptions of popular sovereignty against each other, the debate over the Electoral College is a proxy for a more fundamental debate over what kind of regime should govern America. The history of French republicanism teaches that the closer Americans come to changing the way they elect their president, the closer they come to regime change.
The doctrine of stare decisis is a dangerous tool, malleable, and peculiarly susceptible to manipulation and abuse. It entices and deceives. If just two justices compromise their principles and betray the Constitution, Dobbs will be lost. If so, Dobbs will displace Casey as the worst Supreme Court decision of all time, and the justices rendering it will merit the most severe condemnation of history. But if the Court overrules Roe and Casey, the Dobbs case would rank among the most magnificent decisions in the Court’s history.
Written in an engaging and compact style, Benjamin and Jenna Storey’s new book is essential reading for all observers of the persistent, often hidden, but increasingly visible unhappiness of contemporary life.
Reparations for racial injustice are necessary, but they will be effective only on a local level, not a national one.
While it is good that legal systems have become more sensitive to the psychological effects of the law on participants in the legal process, we should be wary of claims that assert that no-fault divorce is “therapeutic” for divorcing couples or their children. Advocates for the sanctity of marriage across the globe should pay close attention to this shift.
Today, sociology is overwhelmingly dominated by the radically individualistic and gender–feminist ethic that drives contemporary American culture. Yet it was not always so. Émile Durkheim, the Frenchman whom many call the founder of sociology, offered a rigorous scientific and philosophical account of sexuality, marriage, and the family that affirms the traditional view.
Openness to love is the only satisfying defense against the supposed conflict between private happiness and the common good, the only thing that can convert the common good from an abstraction to a lived reality. The most important element of the common good, therefore, is that all of the members of the community regard themselves, somehow, as friends.
Yuval Levin is right that we need a “party of the Congress,” a group of members who are committed to exercising the constitutional powers of the House and Senate, not just competing against the opposing party. Because the House is the weaker of the institutional links, the only way the institution of Congress will have a chance to be strengthened is if a “party of the Congress” forms in that chamber. This will require opening up House rules to give rank-and-file members greater opportunities for success as entrepreneurial bipartisan legislators.
Conservative critics of free markets are asking good questions, but their diagnosis of America’s economic challenges and proposed solutions leave much to be desired.
Wokeness meets a religious need by mimicking a Protestantism that our society has largely left behind. Although it highlights important truths, Wokeness needs to retrieve the orthodox teaching on the universality of original sin, the Christian understanding of salvation through the divine Scapegoat, and the centrality of the Church in its social imagination.
In 2021, Public Discourse intends to examine our need for institutions and possible ways to renew and rethink them. While readers can expect to see this theme recur throughout the year, we have in the last month, and particularly in the last week, launched this theme in a series of excellent essays. They’re worth the time to read and carefully consider.
What if religious and conservative higher education ceased speaking about marriage and family life as an accomplishment and began to treat marriage and children as that which enable human flourishing and a meaningful future?
Nicholas Mathieu’s novel And Their Children After Them shows the effects of globalization and progressive idealism on a de-industrialized French town. Comparisons between Mathieu’s story and JD Vance’s Hillbilly Elegy offer insight into rural poverty and populism in France and America.
Americans need not accept an interminable status quo of indifference toward the rights of the child, due either to the timidity of our political elite or to the presumption of our judiciary class. The ‘Lincoln Proposal’ offers pro-life presidents the clearest way to confront Roe v. Wade’s jurisprudence of violence and doubt and to protect the constitutional rights of preborn persons.
Adam MacLeod’s new book, “The Age of Selfies,” represents a worthy contribution to the intellectual retracing of our steps that we must pursue if we hope to restore reason and civility to our public discourse. Our freedom and social tranquility depend on a renewed seriousness about natural law and objective moral truth.
Andrew Koppelman surely is correct that a same-sex couple must find it humiliating and embarrassing to be turned away from a wedding vendor. He is also right that the costs of using public law to remedy such indignities are significant, especially for the conscientious owners whose livelihoods are at stake. So, what to do? What we need is an institution that is capable of resolving these fraught disputes on a case-by-case basis. Fortunately, the common law provides such institutions.
If we think there’s too much government regulation, then the authentically conservative solution is not to say, “Well, let’s just try to operate a landscape of isolated individuals jostling in a competitively economic marketplace,” but “Let’s create institutions of countervailing power so that where exploitation is happening, the people themselves are equipped to resist it, and the government doesn’t need to intervene to fix it.” If designed correctly, a system of sectoral labor unions can actually help achieve the conservative goal of limited government.
Even though European nationalist parties have been in power for over a decade in Hungary and coming close to a decade in Poland, the EU diplomatic machinery continues to aggressively promote abortion rights and the LGBTQ agenda at the United Nations and around the world
Can the American people and their representatives set aside their immediate interests and attachments and “think constitutionally” about the presidency, and about how we choose presidents? Some scholars hope so. But the passionate partisanship of the most attentive Americans, and the inattentiveness and apathy of the least partisan Americans, make this hope seem forlorn indeed.
The just war ethic cannot justify the intentional killing of some innocents for the sake of defending the lives of other innocents because the lives of the innocent are the actual point of war. We go to war on behalf of the innocent men and women wronged by some act against their nation. We fight that war by the morality able to name that wrong as a wrong, and able to express that wrong by the means employed in its vindication.
Accommodation and half measures—the stuff of everyday political life—will not do when we encounter the politics of mastery and subjugation. Aristotle’s “partnership of free persons” demands more.