Law, Liberty Virtue
Total Page:16
File Type:pdf, Size:1020Kb
LLAW,AW, LLIBERTYIBERTY& VVIRTUEIRTUE “Effects of Good Government on the City Life.” “Effects by Ambrogio Lorenzetti, 1338-40, by “The Allegory of Good Government” “The A Public Conference Cosponsored by the Association for the Study of Free Institutions at the University of Nebraska at Omaha H The Bouton Law Lecture Fund May 2011 16-17 Lewis120 Library LAW, LIBERTY VIRTUE hat is the proper relationship among law, liberty, and virtue? !is question if of vital importance for the free societies of the modern world.& For while those societies have clearly W dedicated themselves to these lofty principles, it is not at all clear what, precisely, it means to be dedicated to them. !e ambiguity arises in part from the very plurality of the principles. Free societies embrace all of them, but which one is understood to be controlling or fundamental? Are all three equally ends to be sought for their own sake, or are some merely instrumental to another, which is then the ultimate good to which the free society is committed? !e di"culty is one not only of the plurality of the principles, but of the ambiguity of the terms. Is law to be understood only as the positive law, enacted by recognized human authorities, or does it also involve a conception of a natural law that is authoritative everywhere and always, irrespective of human legislation? Is liberty to be understood as a freedom to do whatever one wants provided it does not harm another, or as a freedom to do only what is consistent with sound morals? Is virtue to be understood as a complete excellence of character that is choiceworthy for its own sake, or as a sociable conduct that respects the rights of others so that one’s own rights may be respected? Seeking to foster the careful re#ection that these issues deserve, the James Madison Program in American Ideals and Institutions, the Association for the Study of Free Institutions, and the Bouton Law Lecture Fund are pleased to announce a conference on Law, Liberty, and Virtue. !e program for this conference includes distinguished scholars in the humanities and social sciences participating on panels covering such topics as Alasdair MacIntyre’s After Virtue; John Locke and the meaning of modern individualism; virtue, statesmanship, and political culture in American history; the philosophical and theological foundations of new natural law theory; and the contribution to moral and legal philosophy made by Hadley Arkes’s book First !ings. !ese discussions will aim to clarify a number of questions: What are the role of reason and tradition in guiding our thinking about law, liberty, and virtue? What is the role of the statesman in fostering virtue? What constraints are placed on virtuous statesmanship by American political culture, and to what extent can virtuous statesmanship shape culture? Must the natural law rest upon some fundamental theological foundations, or can it rest on philosophical reasoning that brackets the question of God as the ultimate lawgiver? Can law $nally be intelligible as a product of human choice alone, or must it be understood as rooted in moral principles that are themselves grounded in the nature of reason and reality? Conference Schedule Monday, May 16, 2011 10:30 a.m. – Noon Presentation of Award of the Association for the Study of Free Institutions to Hadley P. Arkes Keynote Address Hadley P. Arkes, Edward N. Ney Professor of American Institutions, Department of Political Science, Amherst College 1:30 – 3:15 p.m. Alasdair MacIntyre’s After Virtue on its 30th Anniversary Panelists: !omas D. D’Andrea, University of Cambridge Timothy Fuller, Colorado College Matthew O’Brien, University of Texas at Austin Peter Wicks, Princeton University Chair: Paul Carrese, U.S. Air Force Academy 3:45 – 5:30 p.m. Locke’s Liberty and Virtue and the Meaning of Modern Individualism Panelists: Peter A. Lawler, Berry College John Tomasi, Brown University Lee Ward, University of Regina Micah J. Watson, Princeton University and Union University Chair: James R. Stoner, Jr., Louisiana State University Tuesday, May 17, 2011 9:15 – 11:00 a.m. Virtue, Statesmanship, and Political Culture in American History Panelists: Peter S. Field, University of Canterbury Ted McAllister, Pepperdine University Richard A. Samuelson, California State University, San Bernardino Chair: Darren Stalo%, City College of New York 11:15 a.m. – 1:00 p.m. Philosophical and !eological Foundations of the New Natural Law: Some Di"ering Perspectives Panelists: Joseph Boyle, Princeton University and University of Toronto Robert Jenson, St. Olaf College, emeritus David Novak, University of Toronto Chair: Michael P. Moreland, Princeton University and Villanova University 2:45 – 4:30 p.m. Revisiting Hadley Arkes’s First !ings on its 25th Anniversary Panelists: Hadley P. Arkes, Amherst College Francis J. Beckwith, Baylor University Diana J. Schaub, Loyola University Maryland Michael M. Uhlmann, Claremont Graduate University Chair: Robert P. George, Princeton University 4:45 – 5:15 p.m. Natural Law, Natural Rights, and American Constitutionalism: A Presentation and Orientation to the Online Resource Center About the James Madison Program Founded in the summer of 2000, the James Madison Program in American Ideals and Institutions in the Department of Politics at Princeton University is dedicated to exploring enduring questions of American constitutional law and Western political thought. !e Program is also devoted to examining the application of basic legal and ethical principles to contemporary problems. To realize its mission, the James Madison Program implements a number of initiatives. !e Program awards visiting fellowships and postdoctoral appointments each year to support scholars conducting research in the $elds of constitutional law and political thought. !e Program supports the James Madison Society, an international community of scholars, and promotes civic education by its sponsorship of conferences, lectures, seminars, and colloquia. !e Program’s Undergraduate Fellows Forum provides opportunities for Princeton undergraduates to interact with Madison Program Fellows and speakers. !e success of the James Madison Program depends on the support of foundations and private individuals who share its commitment in advancing the understanding and appreciation of American ideals and institutions. About ASFI !e Association for the Study of Free Institutions is a scholarly organization seeking to promote multi-disciplinary inquiry into the free society – its philosophic, cultural, and institutional conditions, its character, its strengths and limitations, and the challenges it faces. ASFI works to unite scholars from a variety of disciplines in the social sciences and humanities – political science, history, law, economics, sociology, psychology, anthropology, theology, classics, education – in order to revive the study of freedom as a major concern of American higher education. Mindful that the questions to which freedom gives rise are often controversial, that freedom carries certain costs, and that we have things to learn even from its most determined critics, ASFI welcomes intellectual diversity. It seeks the participation of scholars representing not only a variety of intellectual disciplines, but also a diversity of moral and philosophical positions. Ultimately, ASFI aims to revitalize higher education and our public discourse by encouraging scholarship and teaching that will contribute to the preservation and improvement of our free civilization. Carson Holloway is Executive Director of the Association for the Study of Free Institutions and is Associate Professor of Political Science at the University of Nebraska at Omaha. He is the author of !e Way of Life: John Paul II and the Challenge of Liberal Modernity (Baylor University Press); !e Right Darwin? Evolution, Religion, and the Future of Democracy (Spence Publishing); and the editor of a collection of essays, Magnanimity and Statesmanship (Lexington Books). Holloway’s articles have appeared in the Review of Politics; Interpretation: A Journal of Political Philosophy; Perspectives on Political Science; and First !ings. He was the 2005-06 William E. Simon Fellow in Religion and Public Life in the James Madison Program at Princeton University. He received his Ph.D. in Political Science from Northern Illinois University in 1998. PARTICIPANTS Hadley P. Arkes has been a member of the Amherst College faculty since 1966. He was the William Nelson Cromwell Professor of Jurisprudence and was appointed in 1987 as the Edward Ney Professor of American Institutions. He has written $ve books with Princeton University Press: Bureaucracy, the Marshall Plan, and National Interest; !e Philosopher in the City; First !ings; Beyond the Constitution; and !e Return of George Sutherland. Cambridge University Press published Natural Rights and the Right to Choose in 2002 and Constitutional Illusions & Anchoring Truths: !e Touchstone of the Natural Law in 2010. Arkes is the founder, at Amherst, of the Committee for the American Founding, a group of alumni and students seeking to preserve at Amherst the doctrines of natural rights taught by the American Founders and Lincoln. In 2002-03, Arkes served as Visiting Professor of Public and International A%airs in the Woodrow Wilson School, and the Ann & Herbert W. Vaughan Visiting Fellow in the James Madison Program at Princeton University. He received a B.A. from the University of Illinois and his Ph.D. from the University of Chicago. Francis J. Beckwith is Professor of Philosophy & Church-State