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Review The First Grace Rediscovering the Natural Law in a Post Christian World by Russell Hittinger

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Whether discussing the nature of liberalism, the constitutional and moral problems posed by judicial usurpation, or the dangers of technology, Russell Hittinger convincingly argues in The First Grace that in our post-Christian world it is more crucial than ever that we recover older, wiser notions of the concepts of freedom and law.

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Book ID Asin: 1933859466
Book Title: The First Grace: Rediscovering the Natural Law in a Post-Christian World
Book Author: Russell Hittinger
Book Format and Price:
Book Format Name: Kindle
Book Format Price: $11.27
Book Format Name: Hardcover
Book Format Price: $39.90
Book Format Name: Paperback
Book Format Price: $18.65
Book Price: $18.65
Book Category: Books, Law, Legal Theory & Systems and unknown
Book Rating: 15 ratings

The First Grace: Rediscovering the Natural Law in a Post-Christian World by Russell Hittinger Book Review

Name: Benjamin B. Reese
Rating: 5.0 out of 5 stars
Title: A Review of the natural law in the context of the American Consitutional Order
Date: Reviewed in the United States on January 18, 2010
Review: "The First Grace" is, according the Fathers of the Church, the natural law implanted in the hearts of all men and women, made in the image of God. Russel Hittinger traces the history of this doctrine through the Ancients, the Middle Ages, and its apogee in the teaching of St. Thomas Aquinas. What is "new" in Hittinger's account is the Thomistic emphasis on Providence in the Natural Law, defined as the participation of the creature in the Eternal Law of God. Hittinger is convinced that this essential aspect of the natural law was lost in the Enlightenment with its deistic notion of God.
After this grand survey in Section One, the author applies his refined analysis of natural law to the American Constitutional order. He maintains that the Founding Fathers had a certain grasp of the natural law, but that they made the decision not to treat fundamental law in the Constitution itself. Rather, they purposely intended to leave the bulk of natural law type decisions to the several states since they were proposing a precisely limited federal government. Hittinger then shows how this original consitutional order has been progressively undermined by the Federal government and especially by the Courts as they began to develop a distorted version of the natural law, based on the so called right to privacy. To watch the historical unfolding of this so called "right to privacy" through Roe v. Wade, Griswold v. Connecticut, and unto it's final crystalization in the "mystery of life" definition found in Planned Parenthood v. Casey is horrifying. Indeed, Hittinger has even proclaimed that such a decision has already created a "A Crisis of Legitimacy" in the American Constitutional order on a par with the Dred Scott decision. (recall the famous debate in First Things, Nov. 1996)
In conclusion, Hittinger's presentation of the natural law is profound, but his book also explains the legal basis for the deterioration of the public place of religion in American civic life as well as the dangerous consequences of technology in our Brave New World. What is need then, I think,is a peaceful second American revolution (similar to the one which freed Eastern Europe in the 90's) to restore the law of God to its proper place in the American Constitutional order. Without such a return to our humble beginnings as a nation under God, it seems clear that human pride and unbridled governmental power, untethered from the traditional restraints of the natural law and our original Constitutional order, will bring an end to our American experiment in ordered liberty and prudent Republican self government. The choice is now ours before our God, the Lord of history and the Judge of Nations, but Prof. Russel Hittinger has given us light that we may so choose to be reconstituted as one nation under God, indivisble, with liberty and justice for all (the born, the unborn, and the terminally ill).

Name: Anno Domini
Rating: 5.0 out of 5 stars
Title: Excellent
Date: Reviewed in the United States on July 4, 2019
Review: Excellent

Name: Thomas J. Donegan
Rating: 5.0 out of 5 stars
Title: Five Stars
Date: Reviewed in the United States on March 21, 2018
Review: Excellent!
Thank you!
tjd

Name: Henry Bowers
Rating: 5.0 out of 5 stars
Title: I thought nobody could teach me new insights about SCOTUS on abortion, but then Hittinger did.
Date: Reviewed in the United States on August 15, 2015
Review: Prophetic essay on Euthanasia, too.

Name: Mark William
Rating: 4.0 out of 5 stars
Title: Four Stars
Date: Reviewed in the United States on January 17, 2017
Review: Thanks

Name: grapabo
Rating: 5.0 out of 5 stars
Title: Natural Law as Both a Moral and Jurisdictional Issue
Date: Reviewed in the United States on June 26, 2004
Review: At the end of the introduction, Hittinger highlights the starting point for his book:
"When the Pope's commission of moral theologians argued for the priority of a human dominion in which human practical reason supplies the concrete norms, or when the Supreme Court declared in Casey that the individual has natural immunity from positive law in the matter of abortion, it is important to understand that these are not moral arguments but claims about what is prior to arguments. The answer to this question is entirely relevant to morals, but nothing in the logic of moral argument per se can win the case. The question turns upon considerations of anthropology and theology. To attempt to rediscover the natural law in a post-Christian world we must pick up the discussion precisely at this point."
Hittinger then builds his case from the ground up, starting with a discussion of the intra-Catholic debate over the character of natural law, and then asserting that natural law is in fact an external "law" (not something determined solely by the capacity of human reason), that it is present in the positive (written secular) law, and (most importantly) that the authority and duty to apply natural law principles more often than not rests in the legislative function rather than the non-legislative function of government. In this way, Hittinger makes the case for both natural law and judicial restraint simultaneously, and separates an often-blurred issue into two distinct issues: a) is the government activity in compliance with natural law, and b) does the particular government official have the authority to do it? If either answer to the question is "no", then natural law has been violated.
In Part 2, Hittinger points to specific examples in which the natural law has been invoked not only for unprecedented principles, but also where the power to decide the natural law principles has been taken out of the rightful authority. The right of privacy that was expanded under one abortion case (Roe v. Wade) was expanded further, to an unchecked right of liberty in another abortion case (Planned Parenthood v. Casey). The attempt to transfer authority to terminate life via assisted suicide is a violation of the principle resting the authority in the state to make such considerations. The secularist interpretation of the First Amendment's Establishment Clause is an attempt by the Court to bootstrap its own precedent as the governing principles, instead of the Constitution itself.
Some of the problem is related to the difference between the Constitution itself and the Amendments, including the Bill of Rights. While the former is a spare outline of the limits of government power and allocating power between the branches of the federal government and between the federal and state governments, the Bill of Rights and many of the subsequent amendments speak of rights, and only vaguely expressed rights at that. This was an invitation for the definition and application of these rights to be expanded not through the legislature or the states, but through the judiciary.
Some of the material may be difficult to follow along due to the ethereal subject matter, but it is worth taking the time to read carefully again if necessary in order to grasp the state of the debate in natural law theory.