A tort for “cancel culture”

In his annual address to the Vatican diplomatic corps on January 11, Pope Francis decried the phenomenon of “cancel culture.” The Pope noted that “[u]nder the guise of defending diversity,” “cancel culture” obliterates “all sense of identity, with the risk of silencing positions that defend a respectful and balanced understanding of all sensibilities.” Worse than that, it promotes a kind of thinking that is “constrained to deny history or, worse yet, to rewrite it in terms of present-day categories, whereas any historical situation must be interpreted in the light of a hermeneutics of that particular time, not that of today.” 

One finds examples of the “cancel culture” condemned by the Pope everywhere, with new examples emerging almost daily. Professors and podcasters alike find themselves in the hot seat with astonishing regularity. However, few solutions to “cancel culture” have been identified. The cycle continues. Some prominent professor, executive, or personality says something wicked, foolish, or merely unpopular. The usual suspects of left-wing journalists and Twitter power users find it and boost the signal, often notifying the person’s employer through the phenomenon of “snitch tagging.” The outrage builds in a sort of positive feedback loop. Finally the desired goal is reached and the professor or executive finds herself without a job, without friends, and without prospects. 

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Reviving the Classical Constitution

Out today in the New York Times is an essay published with a view to the upcoming release of my new book, Common Good Constitutionalism, published by Polity Books. (The essay started as an adaptation from the book, but isn’t really anymore, although of course the broad lines of argument are similar).

An excerpt from the essay:

What’s missing from our law today is an emphasis on the common good, a concept that from the founding era onward was central to the American legal tradition, embodied in the references to the “general welfare” in both the preamble to the Constitution and its text. The classical legal tradition, the mainstream of the Western legal tradition until the 20th century, holds that laws should be interpreted in light of the legitimate aim of government, which is the flourishing of the community as a community. Classical constitutionalism holds that our political community can succeed only as a whole, rather than as a collection of warring interests, competing ideologies and isolated individuals — the underlying logic of modern jurisprudence. The aim of constitutional government and legal interpretation should be to promote the classical ideals of peace, justice and abundance.

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