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Nihilism and the End of the Law

Most of Leff's lecture consisted of a review of all the unsuccessful attempts to establish an objective moral order on a foundation of human construction, i.e., to put something else in God's place as the unevaluated evaluator. The asserted non-supernatural sources of moral authority are many and varied, and each is only temporarily convincing. They include: the command of the sovereign; the majority of the voters; the principle of utility; the Supreme Court's varying interpretations of the Constitution's great but ambiguous phrases; the subtle implications of platitudinous shared values like "equality" or "autonomy"; and even a hypothetical social contract that abstract persons might adopt in the imaginary "original position" described by John Rawls. Every alternative rests ultimately on human authority, because that is what remains when God is removed from the picture. But human authority always becomes inadequate as soon as people learn to challenge its pretensions. Every system fails the test of "the grand sez who."

Leff's lecture made a powerful impression upon a generation of legal scholars because he stated the nature of the impasse so convincingly. Most modernist thinking consists of attempts to evade the impasse with superficial resolutions. Scientific socialism can usher in a secularized Kingdom of Heaven by giving economic power to the proletariat. Criminal tendencies in individuals can be greatly reduced by providing education, psychiatric treatment, and economic opportunity. Public education can produce rational, self-controlled citizens, who can govern themselves through liberal political institutions and free markets. Scientific technology can provide abundance and health, and even eventually improve the human species itself by genetic engineering. Above all, we can still know what the good is, however difficult it may be to achieve it. Modernist philosophy teaches that when we lost God, we lost only a projection of the best that was in ourselves; what was real in that projection therefore remains, and only the illusion is gone.

Arthur Leff had a deeper understanding of what the death of God ultimately means for man. He saw modern intellectual history as a long, losing war against the nihilism implicit in modernism's rejection of the unevaluated evaluator who is the only conceivable source for ultimate premises. Leff rejected the nihilism implicit in modernism, but he also rejected the supernaturalism that he had identified as the only escape from nihilism. Here is how he concluded his 1979 lecture:

All I can say is this: it looks as if we are all we have. Given what we know about ourselves, and each other, this is an extraordinarily unappetizing prospect; looking around the world, it appears that if all men are brothers, the ruling model is Cain and Abel. Neither reason, nor love, nor even terror, seems to have worked to make us "good," and worse than that, there is no reason why anything should. Only if ethics were something unspeakable by us could law be unnatural, and therefore unchallengeable. As things stand now, everything is up for grabs.
Nevertheless:
Napalming babies is bad.
Starving the poor is wicked.
Buying and selling each other is depraved.
Those who stood up and died resisting Hitler, Stalin, Amin, and Pol Pot-and General Custer too-have earned salvation.
Those who acquiesced deserve to be damned.
There is in the world such a thing as evil.
[All together now:] Sez who?
God help us.

1 posted on 10/07/2003 2:19:34 PM PDT by Vindiciae Contra TyrannoSCOTUS
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2 posted on 10/07/2003 2:20:45 PM PDT by Support Free Republic (Your support keeps Free Republic going strong!)
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To: Vindiciae Contra TyrannoSCOTUS
" a latter-day Politburo (( SAINTS - gods too ))" !

e-as ...

No. The ACLU says the First Amendment protects their right (( atheism )) to free speech, which the Second does not protect your right to keep and bear arms.

I was going to say they don't understand the concept that the militia is made up of the very people referenced in the text of the amendment. But they do get this, and very well. They simply know that when the people are completely disarmed, there is no impediment to the ... ACLU becoming --- a latter-day Politburo.

I'm telling you, gather weapons and ammo now while you still can.

50 posted on 03/28/2002 4:02 PM PST by Euro-American Scum fC ...

Here's the ... solution !

3 posted on 10/07/2003 2:23:20 PM PDT by f.Christian (evolution vs intelligent design ... science3000 ... designeduniverse.com --- * architecture * !)
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To: Vindiciae Contra TyrannoSCOTUS
There is not a single religious doctrine hostile to democratic and republican institutions.

Not to be a blacklister, but if you read the Qu'ran, you might be inclined to think differently.

4 posted on 10/07/2003 2:37:59 PM PDT by MegaSilver
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To: Vindiciae Contra TyrannoSCOTUS
read later
5 posted on 10/07/2003 3:51:00 PM PDT by LiteKeeper
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To: Vindiciae Contra TyrannoSCOTUS

bttt


6 posted on 08/16/2004 3:55:37 PM PDT by Tailgunner Joe
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