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Lucretia and Steve gave John Yoo the day off for this special interstitial (and abbreviated) episode that we'll just call the *Two* Whisky Happy Hour, in which Lucretia and Steve clear up some confusion from our most recent fast-paced episode, where a few main points got muddled. Several new listeners want us to clear up exactly what we mean by natural right, how natural right (especially its ancient or classical version) differs from modern natural rights (plural) as they appear in, for example, the Declaration of Independence. And also what is meant by "historicism."
Lo and behold, as we were getting ready to record, we noted that our great pal Michael Anton posted an article that is right on point, "Natural Right and Historicism," which we recommend to all our listeners. Here's his useful definition:
The point here is that in all these cases, there is an external standard by which to judge, one not invented by man nor depending on his preference or whim. At the most basic, commonsense level, that’s all natural right is: the notion that we humans don’t get to choose what right or wrong are. They exist, if not independently of us—they are inextricably bound to our nature—at least independent of our will. Our role is to determine what is right or wrong in a given circumstance, based on a standard we don’t set, and then behave accordingly.
Just so. Lucretia and Steve offer their own definitions and explanations, and also clear up the confusion over Steve's point last Saturday about the crucial role of the so-called "Social Darwinists" in undermining natural right in the decades right after the Civil War.
Turns out Steve has an unpublished paper that goes into this subject, and readers who are gluttons can click on this link and read: "How Natural Right Fell Out of Favor in American Thought."
Hosted by Steve Hayward, with guest "Lucretia"
Discussion (8)
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Thanks for this! I appreciate Steve’s ability—likely supported by Lucretia—to come up with good podcast themes. … Any interest in explaining critical theory?
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Oh, at some point we'll definitely do a beat down on that deserving target.
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Is this Steve or Lucretia removing John from the podcast?
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From the previous episode of this podcast we know it's not Richard Epstein removing John from Law Talk. Was interesting that the anger of being forced to wear a mask changed Richard's whole talk.
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Since finding 3WHH it has become one of those podcasts that fill me with joy when it appears in my phone.
They are never too long, John is a great addition, and I always learn.
This deeper dive into Natural Right was great, but I would like a bit more on the problems Luc has with E. Burke as it relates to Nat Con stuff. I get that she finds some kind of shortcoming with it, and that the better foundation is Natural Right and the Founding documents, but I yearn for more...
Exciting time for politics, realignments abound, and we got y'all to guide us through...
Many thanks
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