This article responds to the theory of Common Good Constitutionalism as posited by Adrian Vermeule. He argues that a powerful centralized government composed of wise rulers must use law to direct the public towards a proper political and substantive morality to achieve the ends of the common good. This article then explores the broader concept of Integralism, in which Common Good Constitutionalism is rooted, similar in its belief that politics must be concerned with the human good through the centralization of (...) sovereign power. Natural law adherents created Common Good Constitutionalism and Integralism to combat the legitimate societal threat of modern liberal individualism and reintroduce the spiritual common good into our political and legal discourse. Though these arguments have some appeal, both theories are misguided in their understanding of the nature of politics, law, and the United States as a constitutional republic. This article instead suggests a more authentically Catholic salve for the societal wounds inflicted by acidic individualism; a true natural law understanding of the common good which respects the decentralized history and tradition of our country, the limits of political authority, the social priority of local communities above the state, and most importantly, the reality that man’s ultimate end is God’s gift of salvation. (shrink)

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 bites 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. (shrink)