front cover of The Social Contract in the Ruins
The Social Contract in the Ruins
Natural Law and Government by Consent
Paul R. DeHart
University of Missouri Press, 2024

Most scholars who write on social contract and classical natural law perceive an irreconcilable tension between them. Social contract theory is widely considered the political-theoretic concomitant of modern philosophy. Against the regnant view, The Social Contract in the Ruins, argues that all attempts to ground political authority and obligation in agreement alone are logically self-defeating. Political authority and obligation require an antecedent moral ground. But this moral ground cannot be constructed by human agreement or created by sheer will—human or divine. All accounts of morality as constructed or made collapse into self-referential incoherence. Only an uncreated, real good can coherently ground political authority and obligation or the proposition that rightful government depends on the consent of the governed. Government by consent requires classical natural law for its very coherence. 

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front cover of Uncovering the Constitution's Moral Design
Uncovering the Constitution's Moral Design
Paul R. DeHart
University of Missouri Press, 2007
The U.S. Constitution provides a framework for our laws, but what does it have to say about morality? Paul DeHart ferrets out that document’s implicit moral assumptions, demonstrating that the Constitution presupposes a natural law to which human law must conform. His argument works toward resolving current debates over the Constitution’s normative framework while remaining detached from the social issues that divide today’s political arena.

In critiquing previous attempts at describing and evaluating the Constitution’s normative framework, DeHart demonstrates that the Constitution’s moral framework corresponds largely to classical moral theory. Using the method of Inference to the Best Explanation to ascertain our Constitution’s moral meaning, he challenges the logical coherency of modern moral philosophy, normative positivism, and other theories that the Constitution has been argued to embody, offering instead an innovative methodology that can be applied to uncovering the normative framework of other constitutions as well.
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