Margaret Thatcher nicely evoked this harmonious past when she described To synthesize the conflicting elements, freedom of contract ideology and socialĪuthoritarianism, in their unstable alliance of convenience. But their solidarity is also given ideological comfort by shared traditionalist nostalgia for a past order that seems WhatĮnables them to do so is of course largely that they jointly seek political power,ĭon’t usually care all that much about the other wing’s main issues, and are inīattle with common enemies on the left. Of the New Right are often able to ally effectively in political coalitions. Notwithstanding these apparently irreconcilable differences, the two wings Hollywood and TVĭon’t produce all those images of sex, violence, and shallow consumerism thatĬultural conservatives hate so much because they are liberals out to poisonĪmerican values, but because those images are what sells. Only to war, there is nothing more destructive to family ties and traditionalĬommunities, customs and values, than global capitalism. The Ten Commandments say we are not to covet our neighbors’ goods, butĬoveting, or competitive consumption, is what drives the market system. Social conservativesĭecry a crisis of immorality, but the hero of market society is after all theĬreative destroyer of tradition, the amoral rational-maximizing entrepreneur. #Dark and light taming increase constitution free#Economic conservatives and libertarians resist the intrusion of the heavy hand of authoritarian law into individual free choice in morals and religion as well as in markets. Seem mostly incompatible with one another. These two wings are really very different parties, representing constituenciesįrom very different social and regional backgrounds and their major programs Liberals pollute the culture with libertine and secular-humanist values). To idleness and promiscuity) and to the “liberal elites” they believe have dominated universities, the media and most governments (economic conservativesīecause liberals oppose unregulated capitalism, social conservatives because Redistributes wealth, social conservatives because it corrupts morals and leads To welfare (economic conservatives because it distorts incentives to work and The programs of the two wings in some respect overlap: both are hostile In custody with overscrupulous procedural protections. With antidiscrimination and affirmative-action laws, and criminals and persons University of Sydney Library, on at 18:33:16, subject to the Cambridge CoreĪnd weak-minded indulgence of the poor with welfare entitlements, minorities Thanks to Jules Coleman, Stephen Diamond, Owe n Fiss, Alvin Klevorick, Jonathan Simon, andĭownloaded from. Obscenity as free speech and abortion as privacy the misguidedly soft-hearted The 1960s the liberalization of divorce the Warren Court decisions protecting They want to undo the cultural and sexual revolutions of Other New Right intellectuals admire the authoritarian social control of that period, by both state and civil society, of immoralityĪnd deviant behavior. Their program is to dismantle the regulatory-welfare programsĪnd bureaucracies of the Progressive, New Deal and Great Society governments,Īnd to confine the state’s role to the protection of property, the enforcement ofĬontracts (with only very narrow defenses) and the supply of a short list of public goods, notably defense. Government regulation of economic bargaining and on progressive redistribution of income. Free-market libertarians admire the “Lochner era” for its judicial enforcement of restraints on Main wings of the New Right, economic-libertarians and cultural-conservatives,įor obvious reasons look to different facets of classical order. Regime of legal-economic and legal-social order they hope to revive. Law and society – roughly 1880–1930 – with admiring eyes, as a model for the Look back to (what is now generally called) the “classical era” of American Many modern conservative politicians, public intellectuals, and lawyers now The essay as it appears here is slightly revised from the version originally published in 58 U. That order deserves the privileged status it enjoys in modern conservative Supreme Court under Chief Justice Melville Weston Fuller (1888–1910)Īs a vehicle to explore the legal order of the era and to question whether The piece uses Fiss’s history of the U.S. Miami Law School, March 21–22, 2003, organized to honor Professor [This essay began as a contribution to a Symposium at the University of The Constitution of Liberal Order at the Troubled
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