Many things will be said in the coming days about the Supreme Court’s holding in Obergefell v. Hodges, better known as the same-sex marriage case. I don’t think I can in general improve upon the dissents written by the four Supreme Court justices—who object to the sweeping and poorly reasoned argument offered by Justice Anthony Kennedy as the “reasoned judgment” of a “bare majority” of his colleagues. But I think I have something to add to the discussion regarding Kennedy’s understanding of his role as a Supreme Court justice.
The death of Walter Berns (1919-2015) has deprived this country of a patriot both remarkably devoted and remarkably thoughtful. He was a thinker resolutely loyal to, yet resolutely reflective about, the United States. These two qualities were also characteristic of Walter as a person and as a friend.
Among the numerous subjects that this political theorist addressed, I am selecting for special (though far from exhaustive) attention these: constitutionalism, patriotism, punishment, public morality, civic education, and religion. How, and to what extent, has he illuminated these subjects? How consistent are his viewpoints regarding them, advanced in various contexts over many years?
In the days since Harry Jaffa and Walter Berns passed away, the former’s angry disputes with his fellow Straussians have received a lot of commentary. There are those who say it was all quite childish. And you know, a lot of it was, precisely because the differences so often seemed small or, when examined closely, not really differences at all. Still, some of the differences are real enough to merit our close attention.
On the more general issue of which student of Strauss is more faithful to the true and complete teaching of Leo Strauss, the most obvious response is that the capable students of any great teacher always grab on to part of what he (or she) taught and confuse it with the whole. Marx and Hegel. Alexandre Kojève and Hegel. Maybe even Aristotle and Plato.
Harry V. Jaffa, who died January 10, at 96, may well be American conservatism’s most consequential thinker, for having attempted to re-found conservatism on the basis of its most philosophic principles and most revered figures. He was also one of the most dismissed, berated, and scorned of scholars, earning derision from former friends and those who knew him only from his writing, much of which had become acerbic.
Anyone who takes higher education seriously attends to the words of legendary teachers. They are likely to be undisciplined, witty, and unfashionable; about great books; ironic about the careerism of their colleagues, students, and administrative bosses; self-indulgent; and insistently erotic, without being creepy.
Scores of textbooks attest that John Locke is the most important intellectual influence on America’s Founding. No other first-tier philosopher can provide a moral and theoretical justification for the United States, its traditional culture, and its form of government. Even the skeptics who question Locke being the only influence concede he was the most significant. The practical problem is that modern experts are confused about what Locke actually thought.
This next Liberty Law Talk is with John Mueller, author of Redeeming Economics. Modern economic thought focuses on production, exchange, and consumption. Much of Mueller's focus, however, is on final distribution, or the notion that a great deal of our economic activity is really about providing benefits or gifts to those we love. Mueller returns to Aristotle to articulate why this missing element is so important for understanding economics. In his Politics, Aristotle described the economy by using a household model oikos, the root of our word economics, where agents distribute goods to increase the flourishing of family members and…