Posted by Todd Zywicki:
Challenges Facing Liberalism:
http://volokh.com/archives/archive_2005_06_05-2005_06_11.shtml#1117999563


   [1]Eugene notes [2]Geoff Stone's column on the challenges facing
   liberalism. Stone correctly notes that conservatives in the 1970s
   (actually beginning with the New Deal) were equally adrift, but that a
   "movement" was born from the ashes. How this came about is a
   fascinating story that I won't retell here (one source I have
   previously recommended is [3]Nash's "Conservative Intellectual
   Movement in America Since 1945").
   
   In a nutshell, though, I think the key story here is the rise of
   conservatism as a movement that was larger than its doctrinal
   differences--i.e., an umbrella that enabled libertarians,
   traditionalists (and later religious conservatives), and
   anti-communists (today, supporters of the "War on Terror") to work
   together in common cause both intellectually and politically. The
   unifying theme, however, was a discussion of fundamental questions of
   the relationship between the individual and the state, and a
   willingness to do so in an empirically-informed and reality-based
   context. Think about the problems that eventually overwhelmed
   liberalism--Communism, the crime explosion of the 1960s and 1970s, the
   decline of the American economy in the 1970s, etc. "Conservatism"
   offered a vision of man and his relation to the state and community
   that reached back to traditional American values, and provided a unity
   that was able to pull together the disparate strands of the
   conservative coalition.
   
   Looking at liberalism today, I honestly don't see how liberalism can
   replenish itself. Assuming that liberalism can articulate an
   overarching vision, I am at a loss to see what this vision possibly
   could look like, especially in light of the failure of liberalism in
   the 1970s. Most fundamentally, I don't see how liberalism it can
   simultaneously stand for its traditional focus on individualism as
   well as the rise of modern "identity politics," which is focused on
   group rights. Stone says, for instance, "In truth, it is much easier
   to see the injustice in racial segregation than it is to justify
   affirmative action." Of course it is--the two positions are inherently
   contradictory. Either one's rights flow from their status as
   individuals, or as members of particular racial or other groups--it
   can't be both. This isn't a question that can be compromised or
   finessed. And even this dichotomy leaves aside other movements within
   liberalism such things as radical environmentalism, with its deep
   pessimism, elitism, casual attitude toward coercion, and dismissal of
   economic prosperity.

   So, unless I'm missing something, it seems to me that the project of
   restoring liberalism is going to be much more difficult than it was
   for conservatism. Conservatism circa 1945 was an intellectually bereft
   movement, empty of ideas. But liberalism today seems to have it
   worse--it seems to have too many mutually-incompatible ideas, many of
   which are deeply contrary to the American tradition of individualism,
   optimism, and economic growth.

   Incidentally, I think Stone probably overstates the role of the
   Federalist Society, which came along pretty late in the game. Legal
   issues are (or should be) fundamentally issues of implementation of a
   vision, rather than formative of a vision. In fact, this conflation
   may be part of the problem with liberalism's malaise, I suspect. Legal
   issues are (or perhaps more accurately, should be) inherently
   parasitic on a larger political and ideological vision, primarily a
   vision of the relationship between the individual and the state. The
   key players here are actually Friedman, Hayek, Rand, Kirk, etc.--Bork
   and Scalia come along later, and the conservative legal philosophy
   arises out of the intellectual construct of conservatism. Of course,
   this relates profoundly to the discussion that David Brooks triggered
   a few months back that liberalism today is "bookless," in the sense
   that it has no coherent animating ideas that knit together the liberal
   vision of the world. Even the questions that Stone poses are basically
   programmatic, not philosophical.

   I think that one reflection of the robustness of a conservative
   intellectual philosophy is that it is not uncommon at all for a
   libertarian to be personally pro-choice, but to oppose Roe v. Wade as
   a legal doctrine, or to be opposed to school prayer or the Pledge of
   Allegiance yet recognize it as a legitimate sphere for majorities to
   hold sway. The position of conservative jurisprudence flows pretty
   easily from distrust of elitist power and the empirical record of the
   mischief spawned by prior generations of judges. Perhaps there are
   similar examples on the liberal side of the line, but my sense is that
   the conflation between political preference and constitutional policy
   is much closer.

References

   1. http://volokh.com/archives/archive_2005_05_29-2005_06_04.shtml#1117913014
   2. 
http://www.huffingtonpost.com/theblog/archive/geoffrey-r-stone/why-you-need-the-american_2118.html
   3. http://volokh.com/archives/archive_2005_04_24-2005_04_30.shtml#1114464289

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