The so-called American conservative movement is not conservative in the sense that many of its proponents would suggest. In reality, American conservatism, in many ways seeks to preserve and reassert classical liberalism. In fact, the entirety of the American political spectrum is liberal in different ways and varying degrees—but it is unmistakably and manifestly liberal.
This should come as no surprise since many of the Founding Fathers were men of the Enlightenment and there is no more obvious case than that of Thomas Jefferson, the author of that quintessential Enlightenment masterpiece The Declaration of Independence. The philosophical paradigm by 1776 had already shifted—anthropology was evolving toward an increasingly false view of man and the natural law (because the philosophical concept of “nature” was changing) was something different than that articulated by classical philosophers, which had been incorporated into the Christian tradition.
The American legal tradition seeking to adhere to the letter of the social contract, i.e. The Constitution of the United States of America, seems to have individual liberty at issue in every question of law. This, to be sure, is not something to be regarded as a problem in and of itself, insofar as the operative definition of liberty is not philosophically false and the norms of justice, in the classical sense, are not contradicted.
To the learned mind, it is patently clear that the predominant philosophical paradigm, anthropological assumptions on human nature, concept of the nation-state, view of society, of freedom, of responsibility, and so forth found in the Western world is undoubtedly borne of Enlightenment thinking. The United States is most certainly no exception. In America, across the political spectrum, there is a dubious philosophical premise, that of an abstract ideal of autonomy, which, no matter how admirable or attractive it may seem, is radically incomplete. Indeed, man does possess a free will, but the form of freedom requires content. →']);" class="more-link">Continue reading
Michael McConnell, a Law Professor at Stanford, offers this in a First Things review of Philip Hamburger’s new book titled Law and Judicial Duty:
Hamburger traces the development of modern conceptions of the law to the realization, in Europe and especially Britain, that human reason rarely provided clear answers to moral questions and therefore that an attempt to ground law in divine will, or a search for abstract reason and justice, would inevitably lead to discord. As a result, “Europeans increasingly located the obligation of law in the authority of the lawmaker rather than the reason or justice of his laws.” The task of judges, then, was not to seek after elusive notions of justice and right reason but to enforce the law of the land. Natural law shifted in emphasis from moral content to legitimacy and authority, and increasingly to an understanding of authority based on the will of the people.
This seems to me a profound explanation of how and why we understand law today the way we do. It simultaneously shows you what is wrong with the modern conception of the law and what is right.
[Updates at the bottom of this posting.]
The much anticipated new encyclical that Pope Benedict XVI recently signed, his third, on June 29th titled Caritas in Veritate, or Charity in Truth, will be released soon by Ignatius Press (the English version) on July 6th or 7th of 2009 A.D. In searching for information regarding this encyclical I found bits and pieces here and there but nothing exhaustive or concise that came close to satisfying my curiosity. So I’ve gathered all of my information and have presented it the best way possible in this posting. With tongue in cheek I labeled this preview of Caritas in Veritate as an ‘Exclusive Sneak Peek’*.
Caritas in Veritate will be a social encyclical examining some of the social changes that have occurred since Pope Paul VI’s encyclical Populorum Progressio, particularly globalization. The encyclical will have Pope Benedict XVI articulating the need to bolster humanism that brings together the social and economic development of humans and to reduce the disproportionate gap between poor and rich. One other major theme of this encyclical will be that of global justice.
We continue the test of our Catholic worldview on the subject of the role of the Political Community- drawing upon Chapter 8 in the authoritative Compendium of the Social Doctrine of the Church. We have looked at the Old Testament (#377-378) and Jesus’ interaction with political authorities #379) to see the development of doctrine relating to how we are to regard the political community. Now we turn to “The early Christian communities”.
I am not interested in having future fruitless arguments over whether or not the Republican or Democratic Party is pure evil or not. It is like the old canard comparing some contemporary American politician to Adolf Hitler- it is a deal-breaker. I am one who believes that truth in politics is pretty spread out among the various major and minor political parties- there are some huge moral gaps in all, so the choice of party for me is not based on trying to find the perfect Party of God here in America.
My comments regarding the importance of basing our civil society upon bedrock natural law principles, rather than positivist/originalist theories, drew some fire. I respond here with a fresh entry with relevant quotes from the Compendium of the Social Doctrine of the Church regarding the natural law’s role in building up our legal system.
Although the subject of President Obama being honored by Notre Dame has quickly cooled in the fast-paced blogging universe- I wanted to weigh in with some comments because I think it is important to hold the President to account on some of the promises he made in his speech, and to offer some ideas for how Catholic universities should approach such political intersections in the future.
Ryan Harkins took an initial look at how Catholics should look at the question of whether there is a natural right to own guns in a post last week. The basic thrust of Ryan’s argument, and I ask him to correct me if I misstate this, was to examine the question of whether the benefits of private gun ownership outweighed the potential social evils. This is, in a sense, an obvious way to look at the question. If one is trying to determine the rightness of allowing people to own something potentially destructive, it would seem natural to take a “do the benefits outweigh the dangers?” approach.
I’d like to take a slightly different approach, looking at both the actual text of the second amendment and Catholic Social Teaching. The second amendment reads:
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
The libertarian approach to this is to assert that an armed citizenry is required in order to provide a counter-weight to the power of the government. However, I’m not convinced that the thinking behind the second amendment was a merely a balancing of powers in this sense. Rather, it seems to me that to a great extent the US Constitution is written with the point of view that people possess certain natural rights and duties, and that from these spring rights and duties of the government. My understanding is that one of the major controversies in regards to the second amendment (one spoken to fairly definitely in last June’s District of Columbia v. Heller decision) has been whether it secures a right of state militias to have weapons, or a right of individuals to have weapons. While in effect my opinion on the matter lies closer to the individual right side, it seems to me that there is an important distinction which has been increasingly lost in our modern mass society: