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True law necessarily is rooted in ethical assumptions or norms; and those ethical principles are derived, in the beginning at least, from religious c… - Russell Kirk
" "True law necessarily is rooted in ethical assumptions or norms; and those ethical principles are derived, in the beginning at least, from religious convictions. When the religious understanding, from which a concept of law arose in a culture, has been discarded or denied, the laws may endure for some time, through what sociologists call "cultural lag"; but in the long run, the laws also will be discarded or denied.
With this hard truth in mind, I venture to suggest that the corpus of English and American laws — for the two arise for the most part from a common root of belief and experience — cannot endure forever unless it is animated by the spirit that moved it in the beginning: that is, by religion, and specifically by the Christian people. Certain moral postulates of Christian teaching have been taken for granted, in the past, as the ground of justice. When courts of law ignore those postulates, we grope in judicial darkness. . . .
We suffer from a strong movement to exclude such religious beliefs from the operation of courts of law, and to discriminate against those unenlightened who cling fondly to the superstitions of the childhood of the race.
Many moral beliefs, however, though sustained by religious convictions, may not be readily susceptible of "scientific" demonstration. After all, our abhorrence of murder, rape, and other crimes may be traced back to the Decalogue and other religious injunctions. If it can be shown that our opposition to such offenses is rooted in religion, then are restraints upon murder and rape unconstitutional?
We arrive at such absurdities if we attempt to erect a wall of separation between the operation of the laws and those Christian moral convictions that move most Americans. If we are to try to sustain some connection between Christian teaching and the laws of this land of ours, we must understand the character of that link. We must claim neither too much nor too little for the influence of Christian belief upon our structur
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About Russell Kirk
Russell Kirk (October 19 1918 – 29 April 1994) was an American political theorist, moralist, historian, social critic, literary critic, and fiction author known for his influence on 20th century American conservatism. His 1953 book, The Conservative Mind, gave shape to the amorphous post-World War II conservative movement. It traced the development of conservative thought in the Anglo-American tradition, giving special importance to the ideas of Edmund Burke. Kirk was also considered the chief proponent of traditionalist conservatism.
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Alternative Names:
Russell Amos Kirk
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Additional quotes by Russell Kirk
It is characteristic of the radical that he thinks of power as a force for good — so long as the power falls into his hands. In the name of liberty, the French and Russian revolutionaries abolished the old restraints upon power; but power cannot be abolished; it always finds its way into someone's hands. That power which the revolutionaries had thought oppressive in the hands of the old regime became many times as tyrannical in the hands of the radical new masters of the state.
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