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The law must stand above the powerful, and we should worry when the law is suspended or disregarded. But where is the law to be found? Most of the law consists of important fictions which live in the minds of lawyers. But what makes the fiction plausible? And how is the law’s benefit to be assessed unless we measure it against fixed, non-conventional, non-fictional standards of justice?
In the first part of this essay, I showed how the CCP persecutes individuals, and discussed the CCP’s structural control of the government and the nation. In this second part, I will compare the U.S. democratic system with the CCP regime to more clearly demonstrate how one-party rule results in authoritarianism.
The CCP regularly employs violent tactics to persecute and silence its opponents and operates with impunity as a shadow power. China’s political structures enable it to maintain monolithic control of the nation. By discussing my own experience under the CCP and shedding light on its opaque structures, I hope to show that comparing the CCP’s authoritarian regime with democratic governance is like comparing barbarism with civilization: there is no comparison.
Public Discourse has hosted arguments about the Court since the publication’s inception. Here, from our archives, are some essays which remain timely, and which might provide some needed perspective on the role of the Court, originalism, and the role of morality and natural law in the Court.
The only way to avoid a posthuman future is by affirming the goodness of being human in both our personal choices and social and legal institutions. Most importantly, we should recommit to the virtue of religion: giving God His due. Religion teaches us to value the ontological goodness of our creatureliness, exhorts us to take steps to preserve it, and gives us the confidence to do so. When we’re steeped in a religious mode of being, we’re content just to be human; we have no need or desire to grasp for more.
When Christianity enters a society, it provides an understanding of inherent and equal human dignity that lifts up those whom that society has considered unworthy. But what happens when Christianity recedes? Christian human dignity is not founded on maximizing fairness or autonomy, but on the fact that all human beings are made free and in the image of God. If it becomes detached from that principle, then human dignity no longer makes sense.
“Post-revolutionary men and women are living in ways that are profoundly unnatural for the ineradicably social creatures that we are; and many are suffering as a result, at times without even knowing the name of what ails them. This preoccupation, and the desire to do something about it, continues to shape my work.”
The human soul is marvelously complex. Anyone who thinks he can definitively disentangle another author’s motivations—let alone his own—is fooling himself. He is engaging less in scholarly inquiry than self-projection. Only by listening attentively to others can we instruct our minds and enlarge our souls.
I think PD is doing important work in addressing modern spiritual challenges: even just acknowledging such problems from an explicitly religious perspective can hopefully get us closer to mitigating them. Both Judaism and Christianity also engender a kind of humility, as we look to the past for wisdom and acknowledge our indebtedness to those who came before us.
Chief Judge Jeffrey Sutton’s new book, Who Decides?, provides a powerful argument for ordinary people who feel powerless in their ability to affect the course of national politics. State constitutions provide an alternative venue for meaningful political change and are an important way to exercise constitutional self-government.
American “family values” before the baby boomers and Roe v. Wade and second-wave feminism were shaped more by modern notions of industrial progress than by eternal truths about the human person. The sexual revolution emerged from axioms that had already permeated the mainstream for decades. Even among social conservatives, those axioms still shape our discourse about the family today.
In Part I of this article, we established that many of the reasons some Jewish Americans passionately oppose overturning of Roe v. Wade are either overblown or baseless. Today, we highlight one of the ways in which overturning Roe will help to foster a political culture of federalism and subsidiarity that benefits religious minorities.
Roe is indefensible as a matter of honest constitutional interpretation. It short-circuited the political process and poisoned the Court. Its systematic flaws, widely acknowledged by a variety of progressive and pro-choice legal scholars, caused the judiciary to become the branch most, not “least[,] dangerous to the political rights of the Constitution.”
A functioning constitutionalism that protects the people’s rights and fosters good governance requires a sound political theory behind it. Times have changed since the American Founding, but Thomas is right that the natural law teaching in the Founders’ political theory remains as sound and useful as ever.
The economics of the kingdom of God is gift. This is the difficulty with applying contemporary economics to the Church. None of us are consumers. We have received that which we did not deserve. We are not purchasing a darned thing. Salvation is bestowed in the Church as grace, as a gift, that is offered to all men and women.
The determination to make one’s own way in life is what marks out the difference between those who make the best of what they have and seek to improve things for themselves and others, and those who instead diminish themselves by blaming the Baby Boomers for what they don’t like about their lives.
In some states, it’s almost impossible for pro-life governors to appoint originalist judges. That’s why we must pursue state-level judicial reforms before Dobbs is decided. To make the most of this opportunity, most of us need to turn our attention away from DC and toward our state capitols.
Pitting as it does two different conceptions of popular sovereignty against each other, the debate over the Electoral College is a proxy for a more fundamental debate over what kind of regime should govern America. The history of French republicanism teaches that the closer Americans come to changing the way they elect their president, the closer they come to regime change.
The resolution on abortion that was passed at the annual meeting of the Southern Baptist Convention in Nashville was well-intended but woefully flawed. It offers no exception for the life of the mother, and it opposes incrementalism. Those two items are serious shortcomings that would lead to the loss of more innocent lives, not fewer.
Reparations for racial injustice are necessary, but they will be effective only on a local level, not a national one.
To recover our moral direction, we need to speak and think well. Public Discourse’s rich archive of essays on abortion can help us to do so.
In Andrew Walker’s new book, religious liberty is presented less as a political doctrine than as a description of reality itself. In this view, religious liberty is the logical consequence of an orthodox view of God as the transcendent horizon of all human effort and a view of human beings as agents with consciences not subject to direct political coercion.
The Arkansas legislature knows something the governor apparently does not: hormonal treatment of adolescent gender dysphoria yields little across samples and studies. Transgender youth medicine involves numerous known and serious risks that are already identifiable, while the long-term effects and possible harms of off-label drug uses are completely unknown.