Constitutional liberal practices are capable of being normatively grounded by a number of different metaphysical positions. Kant provides one such grounding, in terms of the autonomously derived moral law. I argue that the work of Edmund Burke provides a resource for an alternative construal of constitutional liberalism, compatible with, and illumined by, a broadly Thomistic natural law worldview. I contrast Burke's treatment of the relationship between truth and cognition, prudence and rights, with that of his contemporary, Kant. We find that (...) in each case where Kant's system is constructed from the first principle of autonomy, Burke's thought is oriented toward an end that is not of our making. Readings of Burke as a natural law thinker are currently out of fashion among Burke commentators; without relying, for the main thesis, on historical claims about Burke's "Thomism," I nonetheless explore and challenge some of the assumptions that underlie the current orthodoxy. (shrink)

This paper argues that Shaftesbury differs from other moral sentimentalists (Hutcheson, Hume, Smith) because he conceives of the moral sentiments as partial and first-personal, rather than impartial and spectatorial. This difference is grounded in Shaftesbury’s distinctive notion that moral self-governance consists in the self-examination of soliloquy. Breaking with his Stoic influences, Shaftesbury holds that the moral sentiments play the role of directing and guiding soliloquy. Because soliloquy is first-personal reflection that is directed to achieving happiness, claiming that the moral sentiments (...) direct soliloquy leads Shaftesbury to conceive of the moral sentiments as arising from the internal perspective of an agent focused on her own happiness. This provides Shaftesbury with a stronger framework for understanding moral sentiments, for it avoids the difficulty of explaining why the sentiments of others or those arising from an imagined spectator’s perspective are motivating or authoritative for us. (shrink)

In his writings on moral philosophy, Bishop Joseph Butler adopts an identifiably “constitutivist” strategy because he seeks to ground normativity in features of agency. Butler's constitutivist strategy deserves our attention both because he is an influential precursor to much modern moral philosophy and because it sheds light on current debates about constitutivism. For example, Butler's approach can easily satisfy the “error constraint” that is often thought to derail modern constitutivist approaches. It does this by defining actions relative to the kind (...) of being who performs them, instead of relative to the circumstances of their performance. This gives Butler a conceptually stable account of something that is both fully an action yet morally bad, for which an agent might be held morally responsible. Should modern constitutivists wish to model their views on Butler's in order to satisfy the error constraint, they need not adopt all his theological and other commitments, but they will have to avoid the currently popular constitutivist strategy of deriving normative force from the inescapability of a given principle. (shrink)

Locke bases his moral and political philosophy on his doctrine of the ‘law of nature’. Scholars have debated the content and grounding of this law and its relationship to Christian theology. The ambiguities of the Lockean natural law’s content are traceable to an unclear grammatical construction in a crucial passage of the Treatises of Government, which can be resolved by following out a related set of arguments in that work. The ambiguities of the Lockean natural law’s grounding can then be (...) resolved by the hypothesis, strongly supported by textual evidence, that Locke relies tacitly on the reasoning of a parallel passage in Hobbes. Lockean natural law rests on neither atheistic nor specifically Christian premises but on a hypothetical natural theology. Locke’s conclusions from that natural theology represent an attempt to follow out Hobbesian logic while also tightening it up on one important point on which Hobbes himself appears to vacillate. (shrink)