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Rights and Duties: Reflections on Our Conservative Constitution

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Title: Rights and Duties: Reflections on Our Conservative Constitution
by Russell Kirk, Mitchell S. Muncy, Russell Hittinger
ISBN: 0-9653208-2-0
Publisher: Spence Pub
Pub. Date: 15 August, 1997
Format: Hardcover
Volumes: 1
List Price(USD): $27.95
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Average Customer Rating: 4.5 (2 reviews)

Customer Reviews

Rating: 4
Summary: Kirk on the Constitution
Comment: Russell Kirk (1918-1994) was perhaps the preeminent conservative scholar in twentieth century America, who gained national attention with THE CONSERVATIVE MIND, published 50 years ago. Kirk had a life-long interest in the law, and was in fact a justice of the peace in Michigan for two terms.

This collection (and expanded version of the CONSERVATIVE CONSTITUTION) contains a number of Kirk's articles on the Constitution and its background, which were published in various journals and law reviews.

These essays revolve around a central claim of Kirk's: the U.S. Constitution, far from being an Enlightenment document, is in fact a conservative document based on Roman, Christian, and common law sources. As Kirk shows, contrary to the widely asserted claims, the framers were hardly deists whose main influence was John Locke. Most professed at least some form of Christianity. They were steeped in the common law tradition of England.

I particularly enjoyed the two articles on Church/State issue. One concerns the well-known Alabama case of Wallace v. Jaffree, in which it was alleged that Alabama schools were teaching secular humanism, and the other the lesser-known Shelton College case. Dr. Kirk testified as an expert in both cases. As Kirk says, the best solution to these issues would be to put these questions back into the hands of the states and reject the incorporation doctrine.

The final chapter, "Ideology and Property," is a strong defense of private property and free enterprise.

This book contains an excellent introduction by Russell Hittenger, an important legal scholar in his own right, who was an associate of Dr. Kirk's.

Rating: 5
Summary: Final thoughts from one of America's clearest thinkers.
Comment: Russell Kirk (d. 1994) was a quiet genius who, for some 40 years, provided the intellectual foundations of genuine conservatism in America, drawing heavily upon European, specifically English, thought along the way. This book gathers his final essays and addresses. It represents, as it were, his last analysis of the system and, to some degree, his prognosis for its future. The introduction is by Dr. Russell Hittinger, perhaps Kirk's most perceptive interpreter. Requires attentive reading, but those shy of extensive academic credentials need not hesitate to approach this work. Excellent for college or graduate level political philosophy courses.END

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