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October 21, 2013|American Founding, Bill of Rights, Constitution, Declaration of Independence, Michael Oakeshott, Roman Republic

Oakeshott and the American Founding

by Elizabeth Corey|

Many American conservatives view Michael Oakeshott with puzzlement. Although he is recognized around the world as a conservative thinker, a careful reading of his work yields the conclusion that he does not easily fit into the pantheon of famous conservatives. He described conservatism as a disposition, not as a platform or movement. He observed that it is not inconsistent to be conservative in politics but “radical in respect of almost every other activity.” Perhaps most provocative of all is his indictment of the American Founding as quintessentially “Rationalist.” The early history of the United States, he wrote in his most famous…

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August 5, 2013|American Founding, Conservatism, Declaration of Independence, Libertarianism, Natural Law, Natural Rights, Robert Nisbet, Russell Kirk

The Right against America

by Ken Masugi|

Robert Nisbet was certainly a conservative theorist of some prominence, as Mike Rappaport indicates. Mike was picking up on Steve Hayward’s post, which called to task today’s “quantum conservatism” for its uncertainty principle. For good reason, Mike holds Nisbet as an exemplar of the differences between conservatives and libertarians. But like Tocqueville, whose insights his best work elaborated on, sociologist Nisbet overlooks the core of American politics, which is the Declaration of Independence. Unless conservatives are selective about what it is they are conserving, they are no better, theoretically, than the radicals they claim to be combating. And libertarians cannot claim to defend…

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July 1, 2013|

The Conservative Mind at 60: Russell Kirk’s Unwritten Constitutionalism

by Gerald Russello|

In his great work, The American Republic, written in 1866, the American Catholic political writer Orestes Brownson – who ranks with Calhoun and John Adams as among the finest political minds America has produced, and who still remains somewhat neglected – wrote this about the nation’s political order. The constitution of the United States is twofold, written and unwritten, the constitution of the people and the constitution of the government. The written constitution is simply a law ordained by the nation or people instituting and organizing the government; the unwritten constitution is the real or actual constitution of the people as a…

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Responses

Reason and the Unfounded Constitution

by James Matthew Wilson

In Gerald Russello’s account of Russell Kirk’s Constitutional theory, he conscisely outlines Kirk’s thought on that central concern for conservatives and indeed for all Americans.  As Kirk understood, the Constitution is a great Fact of American experience, whose importance cannot be overlooked; and yet, as any historian could tell us, the trouble with facts is…

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Natural Law, Natural Rights, and the Law of Freedom

by Bradley J. Birzer

It is a great honor to be asked to comment on Gerald Russello’s excellent piece.  A man whose scholarship and wisdom is as high as his integrity is deep, Russello has pioneered much in his own writing and editing and in his profound grasp of the law.  Almost every topic I’ve explored academically has proudly…

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Russell Kirk’s Founders and the Unwritten Constitution

by Gary L. Gregg II

2013 is the 60th year since Regnery Publishing brought Russell Kirk's The Conservative Mind to the reading public.  The book helped transform modern American politics and inform many emerging conservative minds. When I was interning in Washington, DC more than twenty years ago, I remember answering a question by saying that I had a skeletal…

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November 8, 2012|American Founding, Barack Obama, City on a Hill, Conservatism, Mitt Romney, Populism, Ronald Reagan

A New American Myth

by Ted McAllister|

In politics, our myths are more important than our history.  The stories that tell us who we are as a nation are the most powerful political tools in times of economic, military or cultural stress.  Good or useful myths marshal populist anxieties, giving to people who are fearful of dispossession or political dislocation a story that simultaneously affirms their central role in this nation and explains the causes of their present turmoil. In 2008 the nation needed a useable myth that could tap into American populism and turn this potent political force into a conserving power.  Obama’s myth has not created a sustainable narrative of America, but it might have weakened the very capacity of the nation to believe in and live as part of a better story of ourselves.

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September 20, 2012|Alexis de Tocqueville, American Citizenship, American Founding, Constitutional Morality, Democratic Perfectionism, Monty Python, Redistribution

The Tale of Two Revolutions and Two Constitutions

by Gordon Lloyd|

The closing of the XXX Olympic Games, in both French and English, reminds me of Charles Dickens who in the nineteenth century wrote famously about the Tale of Two Cities—Paris and London–separated by a channel of water.  Paris was experiencing in 1789 the fervor of what Karl Marx was to later call “revolution in permanence,” and London was, following Edmund Burke, muddling through with reforms here and there.  But the 2012 Olympics confirm that London, and not Paris, is the city of Europe.  There are no longer two competing European tales.

But it would be wrong to conclude that the more sober tale of London has triumphed over the more intoxicating tale of Paris.  It would be more accurate to say that the victory of London is the result of the ascendency of Parisian intoxication over the sobriety of the Londoner.  What we witnessed at the closing of these games was not the display of good old-fashioned pomp and circumstance, or simply good old-fashioned British fun in the performance of Eric Idle’s famous Look on the Bright Side of Life skit.   This was revolution in permanence.  Or more delicately stated, Paris and London are now two cities with One Tale: democratic perfectionism. 

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Book Reviews

A Mirror of the 20th-Century Congress

by Joseph Postell

Wright undermined the very basis of his local popularity—the decentralized nature of the House—by supporting reforms that gave power to the party leaders.

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The Graces of Flannery O'Connor

by Henry T. Edmondson III

O'Connor's correspondence is a goldmine of piercing insight and startling reflections on everything from literature to philosophy to raising peacocks.

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Liberty Classics

Rereading Politica in the Post-Liberal Moment

by Glenn A. Moots

Althusius offers a rich constitutionalism that empowers persons to thrive alongside one another in deliberate communities.

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James Fenimore Cooper and the American Experiment

by Melissa Matthes

In The American Democrat, James Fenimore Cooper defended democracy against both mob rule and majority tyranny.

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Podcasts

Stuck With Decadence

A discussion with Ross Douthat

Ross Douthat discusses with Richard Reinsch his new book The Decadent Society.

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Can the Postmodern Natural Law Remedy Our Failing Humanism?

A discussion with Graham McAleer

Graham McAleer discusses how postmodern natural law can help us think more coherently about human beings and our actions.

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Did the Civil Rights Constitution Distort American Politics?

A discussion with Christopher Caldwell

Christopher Caldwell discusses his new book, The Age of Entitlement.

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America, Land of Deformed Institutions

A discussion with Yuval Levin

Yuval Levin pinpoints that American alienation and anger emerges from our weak political, social, and religious institutions.

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About

Law & Liberty’s focus is on the classical liberal tradition of law and political thought and how it shapes a society of free and responsible persons. This site brings together serious debate, commentary, essays, book reviews, interviews, and educational material in a commitment to the first principles of law in a free society. Law & Liberty considers a range of foundational and contemporary legal issues, legal philosophy, and pedagogy.

The opinions expressed on Law & Liberty are solely those of the contributors to the site and do not reflect the opinions of Liberty Fund.
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