Revisiting Dred Scott: Prudence,Providence, and the Limits of Constitutional Statesmanship

Abstract

After the Dred Scott decision in 1857, Abraham Lincoln embarked on a public campaign to prevent the expansion of slavery in the federal territories. Lincoln's opposition to Dred Scott was, however, bound up with a certain theoretical orientation that is often rejected in the general milieu of modern constitutional theory. Within the context of two recent revisionist accounts of slavery and American constitutionalism, I argue that our retrospective evaluations of the sixteenth president's statesmanship must enter into a deeper engagement with Lincoln's attachment to natural law and his theological interpretation of the Civil War.     

Natural Right and The Origin of Species

Abstract

This article concerns the relationship between Abraham Lincoln's natural right argument against slavery and contemporary Darwinian biology. It is frequently supposed that the latter undermines the former. I argue to the contrary that natural right has been rediscovered independently by modern Darwinian biology, and that it largely confirms Lincoln's understanding of human nature.     

Lincoln as Commander-in-Chief

Abstract

Abraham Lincoln's presidency was defined and dominated by war, yet Lincoln himself had very little direct experience with warfare; nor had the American presidency been truly tested by war when he took office. Lincoln had to negotiate very difficult political and constitutional terrain as he waged the Civil War: issues of executive authority, constitutional powers and their limitations, and the nature of civil liberties during war constantly bedeviled him. His guiding principle in all these matters, and the greatest lesson we can learn from him today, was his flexibility and his pragmatism.     

Lincoln's Reflective Patriotism

Abstract

In speech and deed, Lincoln's statesmanship manifests the possibility of an honorable, reasonable, and just love of country—that is, a reflective patriotism imbued by a republican love of liberty under God's Providence. In his speeches and writings, Lincoln consistently underscored that love of country must be governed by “reason,” “wisdom,” and “intelligence.” Thus, in his First Inaugural, March 4, 1861, he characteristically appealed to the combined forces of “Intelligence, patriotism, Christianity, and a firm reliance on Him, who has never yet forsaken this favored land.” Lincoln's reflective patriotism was nurtured by his gratitude to the Founders and measured by his fidelity to a national Union dedicated to the universal moral principles of the Declaration under the particular rule of law established by the Constitution. Historically, it was articulated as an alternative to rival forms of allegiance that Lincoln opposed as both unjust and unreasonable during the Civil War era—namely, sectionalism, nativism, and the imperialism of Manifest Destiny. Each of these disordered forms of love threatened the inseparable moral and fraternal bonds of liberty and Union that Lincoln sought to perpetuate through an ordinate love of country guided by wisdom and critical self-awareness. Lincoln's Eulogy to Henry Clay, June 6, 1852 provides the most cogent expression of his reflective patriotism.     

Lincoln,Race, and the Spirit of ’76

Abstract

This essay examines how Lincoln dealt with race, slavery, and emancipation in antebellum America. It argues that despite a few controversial statements and policies regarding black Americans, Lincoln sought to preserve the American union and its system of self-government by reclaiming the ideals of the Declaration of Independence. Unlike U.S. Senator Stephen A. Douglas, who exploited white bigotry in his promotion of local “popular sovereignty” as a solution to the slavery controversy, Lincoln highlighted the natural rights of blacks as a way to prevent the spread of slavery and thereby save what he would later call “the last best hope of earth.”     

Young Mr. Lincoln in Ford's Theater

In Young Mr. Lincoln, director John Ford and screenwriter Lamar Trotti engage an issue that is central to Ford's films and to Lincoln's political thought. That issue is the tension between individual greatness and the rule of law, a tension heightened in a democracy by the demos's passion for equality. In the film's portrayal of Lincoln, Ford and Trotti suggest a solution to this tension that is fundamentally consistent with the one Lincoln suggested in the Lyceum Address. To remain within the political community, the great man must hold a sincere reverence for the law and be willing to exhibit humility in declaiming his own superiority. In the context of these characteristics, greatness can be a force that preserves the law and protects the community from harm. The film depicts Lincoln as the paradigmatic combination of these characteristics and alludes to his mature leadership based on these commitments in his later career.     

The Later Jefferson and the Problem of Natural Rights

Abstract

The late Jefferson presents a puzzle to scholars. In his last years the author of the Declaration of Independence strongly opposed the Missouri Compromise and set important precedents for the political strategy of the antebellum South. This essay argues that these problematic aspects of Jefferson's career are more closely linked to his natural rights doctrine than is generally recognized and extend tendencies already present in Jefferson's draft of the Declaration. Unlike previous scholars who explain Jefferson's problematic politics by his racism or the inherent selfishness of Lockean natural right, I argue that the core flaw in Jefferson's natural rights doctrine is the encouragement it gives to self-righteousness. Because he responded to the problem of slavery in a spirit of angry self-defense, Jefferson's understanding of natural rights blinded him to the ways in which his actions strengthened slavery and undermined his own most cherished political achievements.     

Lincoln and Chiriquí Colonization Revisited

Abstract

This article looks at Abraham Lincoln's pursuit of colonization in the Chiriquí region of Colombia (now Panamá), conventionally known as one of just two places that he seriously considered with respect to his policy of relocating African Americans. Challenging the standard account of the scheme's demise around October 1862 due to vehement Central American protest, this piece questions whether such a development really took the president by surprise. The two weak threads running through the Chiriquí proposal were its scope for diplomatic upset and the embarrassment that might arise from its corrupt proponents’ links to the administration. The author argues that Lincoln was aware of both issues from an early date – even if they each became more complicated than he had initially realized – but that he made persistent attempts to address them. The administration was also more concerned about the ramifications of divisions within Colombia than the widespread isthmian outcry at colonization. Lincoln accordingly tried to place colonization policy on a sounder diplomatic and legislative footing as it became apparent that his contract with a domestic businessman also carried international implications. Yet ultimately, it was the Chiriquí venture's corruption that killed it when the president discovered that it went all the way to the cabinet.     

Reading What Is Political Philosophy?

Abstract

Leo Strauss is responsible for the revival of political philosophy as a necessary response to the problem of human life. This essay articulates his own summary account of this necessity, the intellectual underpinning of his division of political philosophy into the classical and the modern approahces, and his preference for the former as the natural path leading to the understanding of man's political situation.     

Between friendship and justice: on Lincoln’s political thought

Reading Aristotle and applying his notion of philia, or political friendship, across 26 centuries sheds significant light into Abraham Lincoln’s career. It is precisely in Lincoln’s embodiment of the Aristotelian notion of friendship that we come to understand his unique greatness. Perhaps he alone of all Americans proved capable of such extraordinary feats as leading the Republican party to victory in 1860, holding the Union together through the secession crisis and four long years of bloody civil war, ending slavery without white backlash, and offering reconciliation with the incredible magnanimity expressed in the ringing phrases of the Second Inaugural address. The basis of Lincoln’s preternatural political genius proved to be his ability to comprehend all sides, a comprehension that can only come from a profound belief in the importance of friendship. Americans, Lincoln argued throughout a terrible war as he had his entire life, were not enemies but friends who shared a commitment to nature and nature’s law as expressed in the Declaration.     

Reading Comte across the Atlantic: Intellectual Exchanges between France and Brazil and the Question of Slavery

Summary

This article looks at a specific case of intellectual exchange by approaching Luís Pereira Barreto (1840–1923), a Brazilian medic who, having studied in Brussels in the 1850s, came into contact with Comte's positivism and with the ideas of his disciples. While in Europe, Barreto established a long-lasting friendship with Pierre Lafitte, and became a convert to Comte's Religion of Humanity. Upon his return to Brazil in 1864, Barreto sought to apply Comte's principles to Brazilian society and politics. Although Barreto's use of positivism extends beyond the issue of slavery and slave work, I will focus on this priest of humanity's considerations about positivism, social evolutionism, and Brazilian slavery. This will allow me to extrapolate some qualified conclusions about the nature of the intellectual exchange that occurred between Barreto and the French positivists, and the development of Brazilian positivism as a political philosophy and social theory which had to address the problem of slavery in the 1870s and 1880s.     

Editorial — Industrial Heritage at Risk

Abstract

This article is based on a lecture given in Oxford in 2009 and was first intended as a contribution to the 300th anniversary of the invention of the Newcomen engine in 2012, but has been revised following the attention given to Britain’s industrial transformation in the opening ceremony of the London Olympic Games. The discovery and diffusion of new technologies pervades human history, yet ‘industrialisation’ is thought to be an 18th-century phenomenon. This paper will argue that it was the invention of technologies which speeded up the actual process of work itself which led to massive social change, rather than those which resulted in higher levels of production whilst not changing the actual methods of working. It will consider the contribution that industrial archaeologists have made to a greater understanding of the nature of the so-called ‘Industrial Revolution’ as well as considering how this phenomenon was viewed both at home and abroad.     

Anarchy and Public Discourse: Emerson,Lincoln and the “Mobocratic Spirit” of the 1830s

Abstract

In January 1838, Emerson and Lincoln each gave a lecture on the public violence that reached a crisis with the killing of Elijah Lovejoy. For both men, mobbing represented instabilities in the process of democratization that had structural implications for public discourse. In his Lyceum Address, Lincoln argues that if mobbing became conventionalized it could legitimize an extralegal politics of force and coercion. To counterbalance the pressure he saw mobbing place on civil society, Lincoln asserts the importance of developing a culture of reverence for standards of civility in the public sphere. For Emerson, in his lecture “Heroism,” mobbing marked irrational but intentional efforts to suppress dissenting speech and thought. Especially through attacks on political reformers and other individualists, public violence distorted civil discourse and enforced both conformity and silence. For both Lincoln and Emerson, the experience of mob action challenging civil society in the 1830s marked the proximity of civil to uncivil discourse and influenced their responses to proslavery rhetoric in the 1850s. Though they reacted differently, each articulates the risks of allowing the threatened violence of proslavery rhetoric to co-opt the political structure so that civil discourse acted as a façade legitimizing mob rule.     

Politics and Public Policy

Abstract

In the figure of Judge Holden, Cormac McCarthy has crafted perhaps the most haunting character in all of American literature. The antagonist of McCarthy's Blood Meridian, Holden is a richly composed portrait of human evil responsible for a litany of wicked deeds. This essay attempts to expound the character of judge Holden, to the end of clarifying McCarthy's definition of evil. It argues that McCarthy, with the judge, lays bare the contours of soul of the evil man, focusing especially on the tension between his ambitious repudiation of justice, on the one hand, and his steadfast, if unwitting, adherence to it, on the other. It is the evil man's conception of the purpose of knowledge, together with his desire to acquire boundless knowledge, that is the key to this tension in his soul.     

President Obama,the Bible,and Political Rhetoric

Abstract

How has President Obama made use of the Bible in his political rhetoric, especially as it relates to public policy debates? This article addresses Obama's religious origins, his work as a community organizer in Chicago, his coming to Christian faith under the leadership of Rev. Jeremiah Wright, and the development of his understanding regarding the relationship between faith and politics. In particular President Obama has emphasized the notion that we are all our brothers' and sisters' keepers. He also stresses the present generation of black Americans as "the Joshua Generation." The article considers President Obama's hermeneutics, as well as the important context of the black church for his own use of Scripture. The lenses of Abraham Lincoln, Martin Luther King, Jr. and Reinhold Niebuhr are also addressed as they relate to Obama's use of Scripture in political rhetoric.     

Lincoln and the Rebirth of Liberal Democracy

It is a privilege to speak in this, the house of the Supreme Court of the United States, of Abraham Lincoln, our supremely great President. His task, he said, was greater than George Washington's. In the United States’ gravest crisis and most terrible war, Lincoln saved the country, its democratic republic, and the republic's devotion to the equal rights of man. He did more than save. He renewed the republic and purified it of slavery.     

John Stuart Mill and voluntary slavery contracts

Mill's unwillingness to support the enforcement of voluntary slavery agreements is problematically related to his strong anti‐paternalism. Working on the assumption that it is too simple to charge him with inconsistency, this paper examines several interpretations of his remarks, and explores some of the deeper motivations that may have influenced his position. Several features of his argument are emphasized: the fact that his opposition is to slavery contracts and not self‐enslavement as such; the weight he allows to ‘the necessities of life’ in determining what freedom‐limiting contracts to enforce; the way in which enforceable slavery agreements would undermine the presumption in favour of liberty; the problematic character of carte blanche consent, and the possibility this raises that enforcement could make the law a party to criminable harm. Although Mill's argument is too cryptic to be persuasive, it is too suggestive to be given the off‐handed treatment often meted out by his commentators.     

In God We Trust: Abraham Lincoln and America's Deathbed Repentance

Abstract

This article maps several key moments in the evolution of religious symbolism and language on US currency, focusing largely on Abraham Lincoln's overlooked role in signing the motto "In God We Trust" into law. Interpreting the motto through the lens of Lincoln's "Second Inaugural Address"—which he delivered just one day after Congress passed the first statute allowing "In God We Trust" to be stamped on US coins—offers a counter-intuitive interpretation of the motto that functions as a deep, ironic, and historically significant critique of religious nationalism.     

Genesis for Historians: Thomas Abbt on Biblical and Conjectural Accounts of Human Nature

Summary

Natural sociability and the basic features of human nature stood at the centre of Thomas Abbt's confrontation with conjectural history, the popular eighteenth-century mode of reconstructing the evolution of human culture. Abbt (1738–1766) criticised conjectural histories due to their arbitrary character, and opted for a synthetic approach consisting of both sacred and secular history. He suggested that the anthropology of Genesis should be accepted as the starting point for a conjectural history, since it left ample room for further questions and speculations. Yet his own perspective on human nature and its evolution remained naturalistic, as attested by his divergent interpretations of the confusion of tongues at Babel. Attempting to shed new light on the lesser-known elements of Abbt's work, the essay links his views on the Bible and conjectural history to his debate with Moses Mendelssohn over the constitution and destination of man. In this debate, both Mendelssohn and Abbt dealt with the contemporary controversy over the natural or artificial character of sociability, self-interest, and fellow-feeling.     

French Eighteenth-Century Materialists and Natural Law

Summary

This article looks at the discussions of natural law by the eighteenth-century French materialists Julien Offray de La Mettre, Denis Diderot, Paul Thiry d'Holbach and Claude-Adrien Helvétius. It is particularly concerned with their discussion of moral values and their attempt to find a materialistic basis for them as part of their rejection of religion. The discussion brings out the différences between them and analyses their dialogues on this question, including the other materialists' rejection of La Mettrie's amoralism, which threatened to undermine their attempt to found a natural law taught by experience and based on human nature. Particular attention is paid to Diderot's many writings which grapple with the subject, beginning with his Encyclopédie article droit naturel, probably written in 1754. He discussed the question in many of his later writings, including in his annotations on the works of Helvétius, who based natural law on the general interest. These writings reveal a tension between Diderot's emphasis on the search for individual happiness and the interests of society as he, together with d'Holbach, attempted to provide a natural basis for morality and government from which to criticise existing institutions.