Welcome! Formerly known as Libertas et Memoria, this is my blog on law, politics, faith, culture and the joys of the Inland Northwest.
Friday, October 31, 2008
A Halloween Poem: The Mewlips by J.R.R. Tolkien
The shadows where the Mewlips dwell
Are dark and wet as ink,
And slow and softly rings their bell,
As in the slime you sink.
You sink into the slime, who dare
To know upon their door,
While down the grinning gargoyles state
And noisome waters pour.
Beside the rotting river-strand
The drooping willows weep,
And gloomily the gorcrows stand
Croaking in their sleep.
Over the Merlock Mountains a long and weary way,
In a mouldy valley where the trees are grey,
By a dark pool's borders without wind or tide,
Moonless and sunless, the Mewlips hide.
The cellars where the Mewlips sit
Are deep and dank and cold
With single sickly candle lit;
And there they count their gold.
Their walls are wet, their ceilings drip;
Their feet upon the floor
Go softly with a squish-flap-flip,
As they sidle to the door.
They peep out slyly; through a crack
Their feeling fingers creep,
And when they've finished, in a sack
Your bones they take to keep.
Beyond the Merlock Mountains, a long and lonely road,
Through the spider-shadows and the marsh of Tode,
and through the wood of hanging tees and the gallows-weed,
You go to find the Mewlips--and the Mewlips feed.
Tuesday, October 14, 2008
The Conclusion to Kirk's Ten Conservative Principles
Such, then, are ten principles that have loomed large during the two centuries of modern conservative thought. Other principles of equal importance might have been discussed here: the conservative understanding of justice, for one, or the conservative view of education. But such subjects, time running on, I must leave to your private investigation. The great line of demarcation in modern politics, Eric Voegelin used to point out, is not a division between liberals on one side and totalitarians on the other. No, on one side of that line are all those men and women who fancy that the temporal order is the only order, and that material needs are their only needs, and that they may do as they like with the human patrimony. On the other side of that line are all those people who recognize an enduring moral order in the universe, a constant human nature, and high duties toward the order spiritual and the order temporal.--Russell Kirk, Ten Conservative Principles (1993).
Monday, October 13, 2008
The Tenth Conservative Principle: "Change is essential to the body social."
Tenth, the thinking conservative understands that permanence and change must be recognized and reconciled in a vigorous society. The conservative is not opposed to social improvement, although he doubts whether there is any such force as a mystical Progress, with a Roman P, at work in the world. When a society is progressing in some respects, usually it is declining in other respects. The conservative knows that any healthy society is influenced by two forces, which Samuel Taylor Coleridge called its Permanence and its Progression. The Permanence of a society is formed by those enduring interests and convictions that gives us stability and continuity; without that Permanence, the fountains of the great deep are broken up, society slipping into anarchy. The Progression in a society is that spirit and that body of talents which urge us on to prudent reform and improvement; without that Progression, a people stagnate. Therefore the intelligent conservative endeavors to reconcile the claims of Permanence and the claims of Progression. He thinks that the liberal and the radical, blind to the just claims of Permanence, would endanger the heritage bequeathed to us, in an endeavor to hurry us into some dubious Terrestrial Paradise. The conservative, in short, favors reasoned and temperate progress; he is opposed to the cult of Progress, whose votaries believe that everything new necessarily is superior to everything old. Change is essential to the body social, the conservative reasons, just as it is essential to the human body. A body that has ceased to renew itself has begun to die. But if that body is to be vigorous, the change must occur in a regular manner, harmonizing with the form and nature of that body; otherwise change produces a monstrous growth, a cancer, which devours its host. The conservative takes care that nothing in a society should ever be wholly old, and that nothing should ever be wholly new. This is the means of the conservation of a nation, quite as it is the means of conservation of a living organism. Just how much change a society requires, and what sort of change, depend upon the circumstances of an age and a nation.--Russell Kirk, Ten Conservative Principles (1993).
Saturday, October 11, 2008
The Ninth Conservative Principle: "limit and balance political power."
Ninth, the conservative perceives the need for prudent restraints upon power and upon human passions. Politically speaking, power is the ability to do as one likes, regardless of the wills of one’s fellows. A state in which an individual or a small group are able to dominate the wills of their fellows without check is a despotism, whether it is called monarchical or aristocratic or democratic. When every person claims to be a power unto himself, then society falls into anarchy. Anarchy never lasts long, being intolerable for everyone, and contrary to the ineluctable fact that some persons are more strong and more clever than their neighbors. To anarchy there succeeds tyranny or oligarchy, in which power is monopolized by a very few. The conservative endeavors to so limit and balance political power that anarchy or tyranny may not arise. In every age, nevertheless, men and women are tempted to overthrow the limitations upon power, for the sake of some fancied temporary advantage. It is characteristic of the radical that he thinks of power as a force for good—so long as the power falls into his hands. In the name of liberty, the French and Russian revolutionaries abolished the old restraints upon power; but power cannot be abolished; it always finds its way into someone’s hands. That power which the revolutionaries had thought oppressive in the hands of the old regime became many times as tyrannical in the hands of the radical new masters of the state. Knowing human nature for a mixture of good and evil, the conservative does not put his trust in mere benevolence. Constitutional restrictions, political checks and balances, adequate enforcement of the laws, the old intricate web of restraints upon will and appetite—these the conservative approves as instruments of freedom and order. A just government maintains a healthy tension between the claims of authority and the claims of liberty.Russell Kirk, Ten Conservative Principles (1993).
Friday, October 10, 2008
Article on Pope John Paul the First
Here's a link to an NCR interview about Pope John Paul I, the "smiling pope" who reigned only 33 days in 1978. Due to the shortness of his pontificate, John Paul I doesn't get much attention, and he is definitely overshadowed by the pope who followed him, John Paul II. Which is a shame, really, because John Paul I was a very solid and holy man whose brief pontificate in many ways anticipated many of the themes that would be developed by John Paul II.
There is a movement for John Paul I to be beatified. Let us pray that this movement is successful in the near future.
Servant of God John Paul I, ora pro nobis!
The Eighth Conservative Principle: "they oppose involuntary collectivism."
Eighth, conservatives uphold voluntary community, quite as they oppose involuntary collectivism. Although Americans have been attached strongly to privacy and private rights, they also have been a people conspicuous for a successful spirit of community. In a genuine community, the decisions most directly affecting the lives of citizens are made locally and voluntarily. Some of these functions are carried out by local political bodies, others by private associations: so long as they are kept local, and are marked by the general agreement of those affected, they constitute healthy community. But when these functions pass by default or usurpation to centralized authority, then community is in serious danger. Whatever is beneficent and prudent in modern democracy is made possible through cooperative volition. If, then, in the name of an abstract Democracy, the functions of community are transferred to distant political direction—why, real government by the consent of the governed gives way to a standardizing process hostile to freedom and human dignity. For a nation is no stronger than the numerous little communities of which it is composed. A central administration, or a corps of select managers and civil servants, however well intentioned and well trained, cannot confer justice and prosperity and tranquility upon a mass of men and women deprived of their old responsibilities. That experiment has been made before; and it has been disastrous. It is the performance of our duties in community that teaches us prudence and efficiency and charity.--Russell Kirk, Ten Conservative Principles (1993).
Thursday, October 9, 2008
The Seventh Conservative Principle: "freedom and property are closely linked."
Seventh, conservatives are persuaded that freedom and property are closely linked. Separate property from private possession, and Leviathan becomes master of all. Upon the foundation of private property, great civilizations are built. The more widespread is the possession of private property, the more stable and productive is a commonwealth. Economic levelling, conservatives maintain, is not economic progress. Getting and spending are not the chief aims of human existence; but a sound economic basis for the person, the family, and the commonwealth is much to be desired. Sir Henry Maine, in his Village Communities, puts strongly the case for private property, as distinguished from communal property: “Nobody is at liberty to attack several property and to say at the same time that he values civilization. The history of the two cannot be disentangled.” For the institution of several property—that is, private property—has been a powerful instrument for teaching men and women responsibility, for providing motives to integrity, for supporting general culture, for raising mankind above the level of mere drudgery, for affording leisure to think and freedom to act. To be able to retain the fruits of one’s labor; to be able to see one’s work made permanent; to be able to bequeath one’s property to one’s posterity; to be able to rise from the natural condition of grinding poverty to the security of enduring accomplishment; to have something that is really one’s own—these are advantages difficult to deny. The conservative acknowledges that the possession of property fixes certain duties upon the possessor; he accepts those moral and legal obligations cheerfully.--Russell Kirk, Ten Conservative Principles (1993).
Labels:
ideas,
politics,
property rights
Wednesday, October 8, 2008
The Sixth Conservative Principle: "no perfect social order ever can be created."
Sixth, conservatives are chastened by their principle of imperfectability. Human nature suffers irremediably from certain grave faults, the conservatives know. Man being imperfect, no perfect social order ever can be created. Because of human restlessness, mankind would grow rebellious under any utopian domination, and would break out once more in violent discontent—or else expire of boredom. To seek for utopia is to end in disaster, the conservative says: we are not made for perfect things. All that we reasonably can expect is a tolerably ordered, just, and free society, in which some evils, maladjustments, and suffering will continue to lurk. By proper attention to prudent reform, we may preserve and improve this tolerable order. But if the old institutional and moral safeguards of a nation are neglected, then the anarchic impulse in humankind breaks loose: “the ceremony of innocence is drowned.” The ideologues who promise the perfection of man and society have converted a great part of the twentieth-century world into a terrestrial hell.--Russell Kirk, Ten Conservative Principles (1993).
Natural Law and Private Property
The fact that God gave the whole human race the earth to use and enjoy cannot indeed in any manner serve as an objection against private possessions. For God is said to have given the earth to mankind in common, not because He intended indiscriminate ownership of it by all, but because He assigned no part to anyone in ownership, leaving the limits of private possessions to be fixed by the industry of men and the institutions of peoples. Yet, however the earth may be apportioned among private owners, it does not cease to serve the common interest of all, inasmuch as no living being is sustained except by what the fields bring forth. Those who lack resources supply labor, so that it can be truly affirmed that the entire scheme of securing a livelihood consists in the labor which a person expends either on his own land or in some working occupation, the compensation for which is drawn ultimately from no other source than from the varied products of the earth and is exchanged for them. 15. For this reason it also follows that private possessions are clearly in accord with nature. The earth indeed produces in great abundance the things to preserve and, especially, to perfect life, but of itself it could not produce them without human cultivation and care. Moreover, since man expends his mental energy and his bodily strength in procuring the goods of nature, by this very act he appropriates that part of physical nature to himself which he has cultivated. On it he leaves impressed, as it were, a kind of image of his person, so that it must be altogether just that he should possess that part as his very own and that no one in any way should be permitted to violate his right.-- Pope Leo XIII, Rerum Novarum (1891).
Tuesday, October 7, 2008
The Fifth Conservative Principle: "conservatives pay attention to the principle of variety."
Fifth, conservatives pay attention to the principle of variety. They feel affection for the proliferating intricacy of long-established social institutions and modes of life, as distinguished from the narrowing uniformity and deadening egalitarianism of radical systems. For the preservation of a healthy diversity in any civilization, there must survive orders and classes, differences in material condition, and many sorts of inequality. The only true forms of equality are equality at the Last Judgment and equality before a just court of law; all other attempts at levelling must lead, at best, to social stagnation. Society requires honest and able leadership; and if natural and institutional differences are destroyed, presently some tyrant or host of squalid oligarchs will create new forms of inequality.--Russell Kirk, Ten Conservative Principles (1993).
Labels:
ideas,
jurisprudence,
politics
Monday, October 6, 2008
The Fourth Conservative Principle: "Providence moves slowly, but the devil always hurries."
Fourth, conservatives are guided by their principle of prudence. Burke agrees with Plato that in the statesman, prudence is chief among virtues. Any public measure ought to be judged by its probable long-run consequences, not merely by temporary advantage or popularity. Liberals and radicals, the conservative says, are imprudent: for they dash at their objectives without giving much heed to the risk of new abuses worse than the evils they hope to sweep away. As John Randolph of Roanoke put it, Providence moves slowly, but the devil always hurries. Human society being complex, remedies cannot be simple if they are to be efficacious. The conservative declares that he acts only after sufficient reflection, having weighed the consequences. Sudden and slashing reforms are as perilous as sudden and slashing surgery.--Russell Kirk, Ten Conservative Principles (1993).
Saturday, October 4, 2008
The Third Conservative Principle: "There exist rights of which the chief sanction is their antiquity"
Third, conservatives believe in what may be called the principle of prescription. Conservatives sense that modern people are dwarfs on the shoulders of giants, able to see farther than their ancestors only because of the great stature of those who have preceded us in time. Therefore conservatives very often emphasize the importance of prescription—that is, of things established by immemorial usage, so that the mind of man runneth not to the contrary. There exist rights of which the chief sanction is their antiquity—including rights to property, often. Similarly, our morals are prescriptive in great part. Conservatives argue that we are unlikely, we moderns, to make any brave new discoveries in morals or politics or taste. It is perilous to weigh every passing issue on the basis of private judgment and private rationality. The individual is foolish, but the species is wise, Burke declared. In politics we do well to abide by precedent and precept and even prejudice, for the great mysterious incorporation of the human race has acquired a prescriptive wisdom far greater than any man’s petty private rationality.-- Russell Kirk, Ten Conservative Principles (1993).
Labels:
constitutional law,
ideas,
jurisprudence,
politics
Friday, October 3, 2008
The Second Conservative Principle: "Human society is no machine"
Second, the conservative adheres to custom, convention, and continuity. It is old custom that enables people to live together peaceably; the destroyers of custom demolish more than they know or desire. It is through convention—a word much abused in our time—that we contrive to avoid perpetual disputes about rights and duties: law at base is a body of conventions. Continuity is the means of linking generation to generation; it matters as much for society as it does for the individual; without it, life is meaningless. When successful revolutionaries have effaced old customs, derided old conventions, and broken the continuity of social institutions—why, presently they discover the necessity of establishing fresh customs, conventions, and continuity; but that process is painful and slow; and the new social order that eventually emerges may be much inferior to the old order that radicals overthrew in their zeal for the Earthly Paradise. Conservatives are champions of custom, convention, and continuity because they prefer the devil they know to the devil they don’t know. Order and justice and freedom, they believe, are the artificial products of a long social experience, the result of centuries of trial and reflection and sacrifice. Thus the body social is a kind of spiritual corporation, comparable to the church; it may even be called a community of souls. Human society is no machine, to be treated mechanically. The continuity, the life-blood, of a society must not be interrupted. Burke’s reminder of the necessity for prudent change is in the mind of the conservative. But necessary change, conservatives argue, ought to he gradual and discriminatory, never unfixing old interests at once.--Russell Kirk, Ten Conservative Principles (1993).
Labels:
ideas,
jurisprudence,
politics
Thursday, October 2, 2008
Quote of the Day
"Equity treats that as done that which ought to be done." -- Benjamin N. Cardozo, The Nature of the Judicial Process, pg. 39.
Labels:
decency,
jurisprudence
The First Conservative Principle: "an enduring moral order"
During this election cycle, for those of us who consider ourselves to be conservative, it might be helpful to go back and think again about the basic principles of a conservative approach to political, economic, and social issues. Conservativism, as Russell Kirk often reminded his readers, is not an ideology. Rather, it is an approach to thinking about questions of social, political, legal, spiritual, and moral order. This approach, according to Kirk, is typified by several different characteristics, or as Kirk called them, "sentiments." For the next ten days or so, I would like to spend some time reprinting Kirk's understanding of these different conservative sentiments. Each day I will be posting a different principle by Kirk. Kirk's essay, Ten Conservative Principles, is available in its entirety here. Here's the first principle:
First, the conservative believes that there exists an enduring moral order. That order is made for man, and man is made for it: human nature is a constant, and moral truths are permanent. This word order signifies harmony. There are two aspects or types of order: the inner order of the soul, and the outer order of the commonwealth. Twenty-five centuries ago, Plato taught this doctrine, but even the educated nowadays find it difficult to understand. The problem of order has been a principal concern of conservatives ever since conservative became a term of politics. Our twentieth-century world has experienced the hideous consequences of the collapse of belief in a moral order. Like the atrocities and disasters of Greece in the fifth century before Christ, the ruin of great nations in our century shows us the pit into which fall societies that mistake clever self-interest, or ingenious social controls, for pleasing alternatives to an oldfangled moral order. It has been said by liberal intellectuals that the conservative believes all social questions, at heart, to be questions of private morality. Properly understood, this statement is quite true. A society in which men and women are governed by belief in an enduring moral order, by a strong sense of right and wrong, by personal convictions about justice and honor, will be a good society—whatever political machinery it may utilize; while a society in which men and women are morally adrift, ignorant of norms, and intent chiefly upon gratification of appetites, will be a bad society—no matter how many people vote and no matter how liberal its formal constitution may be.
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