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Todd McCune's avatar

Montesquieu held that love of the laws was the indispensable spring of a successful republic; without it the republican form cannot be sustained. The view that mere legal force (or some other passion) suffices applies, in his analysis, to monarchy, not to republican government. It appears l’ecoles in France, as in the United States, no longer teach the habits of the heart necessary to sustain any republic, ie civic virtue.

Midge's avatar

"Cass Sunstein, the legal philosopher, has scribbled a primer on Schmitt" and "Professor Sunstein drew me in" to the story of Jefferson-Hemings, too.

One of the few bright spots in the rise of illiberalism is recognizing the kinship between fellow liberals. In the before times, I had known of Sunstein as one of conservatives' "better opponents" – a worthy opponent for liberals with more conservative dispositions and policy preferences.

When I read his essay on the Jefferson-Hemings story (a story I wasn't inclined to dwell on, either), or when I read his reminiscences of the intellectual ferment at the University of Chicago, including his admiration for his more conservative colleagues, I read the "voice" of someone who's charitable and honorable, a complete human being, a mensch. And I think of the importance of institutions like the University of Chicago in bringing out the humanity in their members.

Institutions don't bring out our better selves automatically, of course. The fear that they might bring out our worse selves is sometimes warranted. Institutions can be corrupt. And the populist suspicion that they all must be corrupt, somehow, is one way to corrupt them, by discarding the discernment to recognize the better institutions.

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