The Law Abiding Conscience And The Higher Law Conscience

Excerpt from The Law-Abiding Conscience, and the Higher Law Conscience; With Remarks on the Fugitive Slave Question: A Sermon, Preached in the South Presbyterian Church, Brooklyn, Dec, 12, 1850 About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

In Fighting for the Higher Law, Peter Wirzbicki explores how important black abolitionists joined famous Transcendentalists to create a political philosophy that fired the radical struggle against American slavery. In the cauldron of the antislavery movement, antislavery activists, such as William C. Nell, Thomas Sidney, and Charlotte Forten, and Transcendentalist intellectuals, including Ralph Waldo Emerson and Henry David Thoreau, developed a "Higher Law" ethos, a unique set of romantic political sensibilities—marked by moral enthusiasms, democratic idealism, and a vision of the self that could judge political questions from "higher" standards of morality and reason. The Transcendentalism that emerges here is not simply the dreamy philosophy of privileged white New Englanders, but a more populist movement, one that encouraged an uncompromising form of politics among a wide range of Northerners, black as well as white, working-class as well as wealthy. Invented to fight slavery, it would influence later labor, feminist, civil rights, and environmentalist activism. African American thinkers and activists have long engaged with American Transcendentalist ideas about "double consciousness," nonconformity, and civil disobedience. When thinkers like Martin Luther King, Jr., or W. E. B. Du Bois invoked Transcendentalist ideas, they were putting to use an intellectual movement that black radicals had participated in since the 1830s.

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This book explores the Christian theological, legal, constitutional, historical, and philosophical meanings of conscience for both scholarly and educated general audiences.

In 1776, Thomas Paine declared the end of royal rule in the United States. Instead, “law is king,” for the people rule themselves. Paine’s declaration is the dominant American understanding of how political power is exercised. In making law king, American lawyers became integral to the exercise of political power, so integral to law that legal ethics philosopher David Luban concluded, “lawyers are the law.” American lawyers have defended the exercise of this power from the Revolution to the present by arguing their work is channeled by the profession’s standards of ethical behavior. Those standards demand that lawyers serve the public interest and the interests of their paying clients before themselves. The duties owed both to the public and to clients meant lawyers were in the marketplace selling their services, but not of the marketplace. This is the story of power and the limits of ethical constraints to ensure such power is properly wielded. The Lawyer’s Conscience is the first book examining the history of American lawyer ethics, ranging from the mid-eighteenth century to the “professionalism” crisis facing lawyers today.

Since the late eighteenth century the ideals of political democracy and individual flourishing have become so entangled that most people no longer differentiate them. The American Transcendentalists did. Two Cities is the first comprehensive account of the original but still underrated political thought of this movement, especially that of its three major authors: Ralph Waldo Emerson, Margaret Fuller, and Henry David Thoreau. For decades, Daniel S. Malachuk contends, readers have misinterpreted the Transcendentalists as worshipping democracy and secularizing personhood. Two Cities proves the opposite. Focusing on their major writings, Malachuk presents the Transcendentalists as wresting apart and thus clarifying democracy as a profane project and individuality as a sacred one. Building upon this basic insight, the book affirms many recent but discrete conclusions about the movement’s various contributions (especially to liberalism, environmentalism, and public religion) and shows that we will understand how these commitments hang together only when we “re-transcendentalize the Transcendentalists.” In five useful chapters—on the two-cities tradition within the history of liberalism, on the rival and subsequently dominant “overlap” theories of Lincoln and others, and on the unique contributions to two-cities thought by each of the major authors—Two Cities reintroduces readers to the Transcendentalists as among the most original and important contributors to American political thought.