Posts Tagged ‘Natural and legal rights’

Madison’s Montpelier: James Madison and the Bill of Rights

Monday, October 11th, 2010


March 11–13, 2011

James Madison’s Montpelier • Orange, VA

Instructor: David Marion, PhD

In the Snow

Montpelier

During the ratification debates, criticism of the Constitution focused largely on the absence of a “bill of rights.” James Madison responded to this criticism by observing that the Constitution restricted the powers of the national government to those that were clearly defined. He also noted that any enumeration of rights was likely to be incomplete, and thus leave important non-enumerated rights unprotected. This seminar will examine the Federalist vs. Anti-Federalist debate on a bill of rights in the context of modern natural rights theory. In particular, participants will explore how Madison’s position evolved between 1787 and 1789, and how he eventually became the chief architect of the Bill of Rights.

How to Apply

1. Click here to apply online.

2. Download the seminar brochure and either mail or fax your application.

Admission will be decided for each Seminar on a rolling basis throughout the semester. Eligible applicants who cannot be included in a Seminar will be placed on a waiting list for any vacancies that may occur.  Early applicants, therefore, will have a better chance of gaining admission.  Applications received later in the season will be given full consideration as long as vacancies remain.

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Jack Miller on the Importance of American History for Civic Education

Monday, May 24th, 2010

In the most recent edition of the National History Club News Letter, Jack Miller discusses his own discovery of American History as the key to civic education and the preservation of liberty.

PRESERVING THE GIFT OF LIBERTY
Growing up, I never gave much thought to the importance of learning history. At that time in my life, it seemed to be nothing more than an exercise in remembering dates and names. But, later, I learned that it is about so much more. I found that among the great lessons and

Jack Miller

PRESERVING THE GIFT OF LIBERTY

Growing up, I never gave much thought to the importance of learning history. At that time in my life, it seemed to be nothing more than an exercise in remembering dates and names. But, later, I learned that it is about so much more. I found that among the great lessons and wisdom to be discovered from history are ideals, a philosophy of how one should live one’s life, and about what works and what doesn’t work in creating a free society where each individual can achieve to their own highest potential.

I learned that the freedom and opportunities our country afforded me are what allowed me to build a successful company and accumulate wealth. It was an America where, if you worked hard and focused, you could achieve to the best of your ability. Over time, I began to understand that the principles established in the American Founding made that possible. Concepts such as “all men are created equal and they are endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness” and that governments are formed to protect those rights. These were the great promises pronounced in the Declaration of Independence and made into law in the Constitution.

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Hume and the Pathway to Political Moderation

Thursday, February 25th, 2010

A Jack Miller Center Pathway to the Founding Essay

Hume made the famous is-ought distinction

Hume

David Hume (b. 1711) died the year Jefferson penned the Declaration of Independence.  While he may have rolled over in his grave had he seen the theorizing of the American Founders, he was more than a little sympathetic with the goals of American political practice.

On the one hand, in his essays “Of Civil Liberty,”  “Of the Original Contract,” “Of Passive Obedience,” and “Of the Rise and Progress of the Arts and Sciences,” Hume opposed the rise of a rights-based, social contract thinking characteristic of Locke and the Declaration.  Locke’s Second Treatise, Hume writes, was a book “most despicable, both for style and matter.”  Hume’s worry was that “parties from principle, especially abstract speculative principle” would give rise to a dangerous factionalism. Because he criticized such speculative principles and the natural rights foundation of the American republic, the most revolutionary and Whiggish Americans branded Hume a Tory.  Writing of Hume’s magisterial History of England, Jefferson thought Hume had “undermined the free principles of the English Constitution”; Jefferson considered Hume to be a “traitor to his fellow man.”

On the other hand, in his essays such as “Of Commerce” and “Of Refinement in the Arts,” Hume looked forward to the ascension of a more humane, stable politics, and he thought that the advancement of the modern commercial enterprise would help bring such a politics about.  He discerned the importance of such political structures as the separation of powers, the checks and balances, and the extended commercial republic as a means of mitigating the effects of faction and promoting political moderation.  As Americans focused less on the origin of political power and the establishment of popular government and more on the proper exercise of power and the prevention of democratic factionalism, they found Hume an invaluable guide. Hume writes, “there is compass and room enough” in large polities “to refine democracy through representation.”  A society “dispersed in small bodies” is “more susceptible both of reason and order; the force of popular currents and tides is, in a great measure, broken; and the public interest may be pursued with some method and constancy.”  These links between Hume and the American Founders are pursued most persistently in the pioneering work of Douglas Adair, whose Fame and Founding remains the locus classicus of Hume’s influence.

Hume appears hostile to the Declaration, yet a friend of the Constitution.  The question of Hume scholarship concerns how these political aspects of Hume’s thought fit in with his philosophic reflections.  To this day, many have argued that a “philosophical melancholy” led Hume to quite philosophical studies for the world of political essays and history.  In Thomas Reid’s Inquiry into the Human Mind (1764), Hume emerges as a skeptic who destroyed the Enlighenment faith in our ability to apprehend the external world and our ability to guide political practice through reason.  Reid sought to replace Hume’s radical skepticism with a philosophy of common sense.

While Reid’s views were echoed through the years in philosophers such as Immanuel Kant, John Stuart Mill, and T.H Green, during the Twentieth Century scholars have emphasized how Hume himself aligns with a “philosophy of common life” through what Hume himself calls a mitigated skepticism, and this eventually led to the view that Hume’s skepticism prepares the way for his embrace of political moderation.  The “common sense” Hume emerged in a two-step process.  First, Norman Kemp Smith’s Philosophy of David Hume (1941), still the classic study of David Hume, initiated this re-evaluation of Hume’s thought.  Kemp Smith argued that Hume’s skepticism was in the service of what he called naturalism—reason must be subordinated to feelings and instincts if we are to explain the way human beings perceive the world.  Kemp Smith did not detect a link between Hume’s philosophy and his politics.

Second and most decisively, scholars such as Donald Livingston (Hume’s Philosophy of Common Life (1984) and Philosophical Melancholy and Delirium: Hume’s Pathology of Philosophy (1998)), Nicholas Capaldi (Hume’s Place in Moral Philosophy (1989)) and John W. Danford (David Hume and the Problem of Reason (1990)), painted a complete picture of Hume, uniting his philosophic works with his political disposition.  The position of these books, in one way or another, is that Hume’s skepticism served as a preparatory ground for philosophical and political moderation.  He used his skepticism to poke holes in doctrines such as the distinction between primary and secondary qualities or social contract theory in order to prepare people to understand that doctrines and principles do not best explain human life.  Moreover, against Kemp Smith and his followers, this wave of Hume’s scholars show that reason can help to correct the mistakes of instinct and feeling.  What emerges is a Hume whose skepticism is mitigated by feelings and instincts and whose naturalism is mitigated by reason.  Given our complex set of equipment, we would do well not to expect perfection or certainty in politics or philosophy and this explains why Hume defended the institutions of political moderation in the modern world.

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