On February 6, The American Conservative published a piece by Patrick J. Deneen titled “A Catholic Showdown Worth Watching.” In it, Deneen outlines the positions of two hostile political camps within American Catholicism: the “liberal” camp and what he calls a more “radical”/illiberal camp. The liberal camp is characterized by its support for free-market capitalism, liberal democracy, a vigorous interventionist foreign policy, and the basic compatibility of the American republic with Catholicism. The radical illiberal camp is virtually the opposite in every respect; it is skeptical of and in my experience quite hostile towards free-market capitalism, contemptuous of liberal democracy, anti-interventionist and views the entire American project as a failed enterprise incompatible with Catholicism.
In my view there ought to be recognition of a third camp: Catholic libertarianism. Of course this immediately lends itself to semantic confusion. After all, some of what Deneen’s “liberals” hold would align with what libertarians hold, and both might lay claim to the descriptor of “classical liberalism.” The important point of dispute between this peculiar lot of liberals and libertarians proper, at least given the specific points raised by Deneen, would be the matter of foreign policy. Catholic libertarians such as Tom Woods and Judge Andrew Napolitano are resolutely opposed not only to American interventionism, but also to the growing domestic security apparatus that poses a threat to individual liberties. Deneen’s liberals, or at least the contemporary names such as Wiegel, Neuhaus, and Novak, may better be described as neo-conservatives. Insofar as the Catholic neo-conservatives share economic views with the libertarians, I will include them as “classical liberals” in the analysis to follow. It may also be argued that Catholic libertarians aligned with the Austrian school of economics and political theory are also quite critical of liberal democracy. Hans-Hermann Hoppe, an Austrian intellectual, has led the way in the libertarian critique of democracy and there is no reason to assume that a classical liberal is necessarily a democratic liberal.
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.