Bruce P. Frohnen - Böcker

Americans are increasingly ruled by an unwritten constitution consisting of executive orders, signing statements, and other forms of quasi-law that lack the predictability and consistency essential for the legal system to function properly. As a result, the U.S. Constitution no longer means what it says to the people it is supposed to govern, and the government no longer acts according to the rule of law. These developments can be traced back to a change in “constitutional morality,” Bruce Frohnen and George Carey argue in this challenging book.The principle of separation of powers among co-equal branches of government formed the cornerstone of America’s original constitutional morality. But toward the end of the nineteenth century, Progressives began to attack this bedrock principle, believing that it impeded government from “doing the people’s business.” The regime of mixed powers, delegation, and expansive legal interpretation they instituted rejected the ideals of limited government that had given birth to the Constitution. Instead, Progressives promoted a governmental model rooted in French revolutionary claims. They replaced a Constitution designed to mediate among society’s different geographic and socioeconomic groups with a body of quasi-laws commanding the democratic reformation of society.Pursuit of this Progressive vision has become ingrained in American legal and political culture—at the cost, according to Frohnen and Carey, of the constitutional safeguards that preserve the rule of law.

As reports of genocide, terrorism, and political violence fill today's newscasts, more attention has been given to issues of human rights - but all too often the sound bytes seem overly simplistic. Many Westerners presume that non-Western peoples yearn for democratic rights, while liberal values of toleration give way to xenophobia.This book shows that the identification of rights with contemporary liberal democracy is inaccurate and questions the assumptions of many politicians and scholars that rights are self-evident in all circumstances and will overcome any conflicts of thought or interest. ""Rethinking Rights"" offers a radical reconsideration of the origins, nature, and role of rights in public life, interweaving perspectives of leading scholars in history, political science, philosophy, and law to emphasize rights as a natural outgrowth of a social understanding of human nature and dignity.The authors argue that every person comes to consciousness in a historical and cultural milieu that must be taken into account in understanding human rights, and they describe the omnipresence of concrete, practical rights in their historical, political, and philosophical contexts. By rooting our understanding of rights in both history and the order of existence, they show that it is possible to understand rights as essential to our lives as social beings but also open to refinement within communities.An initial group of essays retraces the origins and historical development of rights in the West, assessing the influence of such thinkers as Locke, Burke, and the authors of the ""Declaration of Independence"" to clarify the experience of rights within the Western tradition. A second group addresses the need to rethink our understanding of the nature of existence if we are to understand rights and their place in any decent life, examining the ontological basis of rights, the influence of custom on rights, the social nature of the human person, and the importance of institutional rights.Steering a middle course between radical individualist and extreme egalitarian views, ""Rethinking Rights"" proposes a new philosophy of rights appropriate to today's world, showing that rights need to be rethought in a manner that brings them back into accord with human nature and experience so that they may again truly serve the human good. By engaging both the history of rights in the West and the multicultural challenge of rights in an international context, ""Rethinking Rights"" offers a provocative and coherent new argument to advance the field of rights studies.

Americans have been forced from their homes. Their jobs have been outsourced, their neighborhoods torn down to make room for freeways, their churches shuttered or taken over by social justice warriors, and their very families eviscerated by government programs that assume their functions and a hostile elite that deems them oppressive. Conservatives have always defended these elements of a rooted life as crucial to maintaining cultural continuity in the face of changing circumstances. Unfortunately, official “conservatism” has become fixated on abstract claims about freedom and the profits of “creative destruction.” Conservatism has never been the only voice in America, but it is the most distinctively American voice, emerging from the customs, norms, and dispositions of its people and grounded in the conviction that the capacity for self-governance provides a distinctly human dignity. Emphasizing the ongoing strength and importance of the conservative tradition, the authors describe our Constitution’s emphasis on maintaining order and balance and protecting the primary institutions of local life. Also important here is an understanding of changes in American demographics, economics, and politics. These changes complicated attempts to address the fundamentally antitraditional nature of slavery and Jim Crow, the destructive effects of globalism, and the increasing desire to look on the federal government as the guarantor of security and happiness. To reclaim our home as a people, we must rebuild the natural associations and primary institutions within which we live. This means protecting the fundamental relationships that make up our way of life. From philosophy to home construction, from theology to commerce, from charity to the essentials of household management, our ongoing practices are the source of our knowledge of truth, of one another, and of how we may live well together.

What is an American? Bruce P. Frohnen and Ted V. McAllister argue that we are, in fact, a distinct people with our own common character that transcends race, gender, ethnicity, and class. They find in our current political conflicts a crisis of identity that stems from changes, not just in our political, economic, and technological environment, but in our ability to evaluate—and to value—the personalities that shaped our way of life. The history of the American character is filled with triumph as well as tragedy, and with virtue as well as vice. It is a story of cooperation and conflict among an unruly people, who from earliest days questioned authority even as they worked to establish communities of faith, family, and local freedom under extreme circumstances.

What is an American? Bruce P. Frohnen and Ted V. McAllister argue that we are, in fact, a distinct people with our own common character that transcends race, gender, ethnicity, and class. They find in our current political conflicts a crisis of identity that stems from changes, not just in our political, economic, and technological environment, but in our ability to evaluate—and to value—the personalities that shaped our way of life. The history of the American character is filled with triumph as well as tragedy, and with virtue as well as vice. It is a story of cooperation and conflict among an unruly people, who from earliest days questioned authority even as they worked to establish communities of faith, family, and local freedom under extreme circumstances.