Sublime

Indeed, I will argue that liberty in the broad sense requires judges and officials, when applying legal principles, to assert norms of reasonableness. Otherwise, self-interested people will use law to claim almost anything.

Locke’s breakthrough — unimagined even by Christian thinkers as formidable as Thomas Aquinas — was to combine the classical view of natural law with the concept of inalienable rights. In his Two Treatises of Government (1689), Locke identified these rights as “life, liberty, and property.” He drew from the Scriptures, as well as from Cicero, to arg

Liberalism in the sense I am using it refers to the rule of law, a system of formal rules that restrict the powers of the executive, even if that executive is democratically legitimated through an election.

Modern liberalism has adopted the Jacobin spirit. Having dispensed with traditional moral norms, liberals have transformed the severe quality of conscience into a playpen of desire. Hav­ing denied a religious foundation for human rights, they have left individuals vulnerable to the despotic whims of the secular state. This outcome was predicted by

The freedom to decide what is my own good is enshrined in Justice Anthony Kennedy’s majority opinion in Planned Parenthood v. Casey (1992): “At the heart of liberty is the right to define one’s own concept of existence, of meaning, of the universe, and of the mystery of human life.”

In philosophical circles, Rawls’s approach is described as asserting the “priority of the right over the good.” On this view, our rights define a framework within which we can each pursue our beliefs about how to live; in contrast to the alternative, where we start with a particular conception of the good, and design rights in order to promote it.

In his opening address at the 1945 war-crimes trials at Nuremberg, U.S. Supreme Court justice Robert Jackson accused Nazi leaders of assaulting “all those dignities and freedoms that we hold [as] natural and in­alienable rights in every human be­ing.” The horrific negation of those rights — by the agents of totalitarianism — threatened the fabric o

The aim, therefore, of patriots, was to set limits to the power which the ruler should be suffered to exercise over the community; and this limitation was what they meant by liberty.