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Is It Legal—or, Who’s the Victim?

One of the more intractable aspects of sexual politics today for traditionalists is the emergence of the courtroom as the arena for settling every debate. Even when they have a democratic majority, not to mention centuries of sexual-marital mores, on their side, the contrary will of one-to-five politically-appointed individuals can prevail. Of course, judicial activism is an old problem, undemocratic and arbitrary, placing monumental decisions in too few hands. But there is another problem, an indirect one that follows precisely from critics taking seriously the courtroom’s power. We could call this problem the “legalization” of debate, meaning not whether something is legal, but instead the conversion of moral, social, religious, and other dimensions of an issue into legal, or legalistic, terms, or at least the neglect of them because of a focus on what the judges will say.

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Politics and the Arts

Jed Perl warns in the August 25 issue of the New Republic of a new threat to the arts. Art for art’s sake has been displaced by a view of “art as a comrade-in-arms to some more supposedly stable or substantial or readily comprehensible aspect of our world.” Art is losing its “purposeful purposelessness” and is becoming a bondservant to “some more general system of social, political, and moral values.” It’s hardly news, Perl knows, when art is enlisted for some extra-artistic cause. The new danger is that many have drawn the conclusion that “art has no independent life.” Continue Reading »

Conservatives’ Mixed Message on Immigration

America has “bad-faith open borders.” We limit immigration but we enforce those limits only sporadically. Fred Bauer argues that this “is a distorted hybrid of the United States’ tradition of ordered borders and of the transnationalist aim of entirely open borders.” The distortion is real, but it is not rooted entirely in transnationalism. It is also rooted in a certain kind of American exceptionalism that has a history on the right, but that conservatives don’t talk about very much. Getting past “bad-faith open borders” will require rejecting romanticism and looking to the facts of the American present. Continue Reading »

Why Polls Make Us Dumb

There are three groups of people who consistently have a detrimental affect on American politics: Republicans, Democrats, and pollsters. Of this trio, the most nefarious are the pollsters. While politicians have the ability to create public policy, pollsters have the power to craft public opinion. Although opinion polls are often treated as if they were harmless detritus of the news-cycle, they are powerful tools … Continue Reading »

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