This article argues that after more than two centuries, our system of justice is no longer functioning as intended by its founders. I argue that this breakdown can be ultimately traced to a philosophical dilemma at the heart of American civilization: the assumption that economic self-interest can by itself sustain ethical care for a common good. In treating economic freedom as a moral absolute, the American right has misconstrued the practical purpose of freedom and undermined justice and equality for all. In contrast to the ahistorical claim of libertarians that economic freedom should be treated as a moral value, the goal of the founders of the United States was very concrete: enabling most citizens to get basic economic needs met in peace and security. Free and open elections and a system of checks and balances would motivate the naturally more powerful to manage their own passions in ways that contributed to a common good. By contrast, in unchecked political systems that arose by the struggle for dominance among the powerful few, the de facto rulers lacked any motive to act in ways that were consistent with the interests of the average citizen. As Thrasymachus claims in Plato’s Republic, they habitually wrote laws that benefited themselves at the expense of everyone else.
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The following paper was presented at the 2016 Telos Conference, held on January 16–17, 2016, in New York City. For additional details about this and upcoming conferences, please visit the Telos-Paul Piccone Institute website. The Western modern project is dependent upon both Greek and Hebrew antiquity. In ancient Ionia, Thales of Miletus predicted a solar eclipse, Anaximander predicted the changing of the seasons, Theodorus invented the ruler, the carpenter’s square, and the level, and Hippocrates began accumulating medical knowledge through trial and error. These “pre-Socratic” Ionians were merchants and artisans; they worked with their hands, whereas the Athenians were engaged primarily in contemplation. The following paper was presented at the 2016 Telos Conference, held on January 16–17, 2016, in New York City. For additional details about upcoming conferences and events, please visit the Telos-Paul Piccone Institute website.
Moral relativists can assume a subjective or a contextual point of view. If they assume a subjective point of view, one might describe their theories or hypotheses as nihilistic. Nihilists recognize no transcendent moral values and no moral facts. According to them, predicates, such as right or wrong, or good or bad, have no independent reference. So nihilists recognize no significant moral difference between, for example, the deliberate killing of the objectively innocent, which is considered murder by most civilized people, and killing in self-defense. For them, even the principle of the presumption of innocence would be vacuous. The following paper was presented at the 2016 Telos Conference, held on January 16–17, 2016, in New York City. For additional details about the conference, please visit the Telos-Paul Piccone Institute website. State institutions, starting with the entity we call “the state” all the way down to city DMV offices, seem no longer capable of acting or behaving ethically, regardless of what type of ethics we prefer to apply to politics—consequentialist, deontological, virtue, or any other—or whether we prefer liberal or communitarian normative agendas. Two features of modern political institutions block their intended functioning, ethical or not, and lead to new ethical crises. Those features are too-large size and incoherence. Thus even when policies[1] are ethical, institutions’ failures to implement or follow them undermine an ethical politics. And when various policies are implemented unevenly, new ethical problems arise. At least a partial antidote to these problems may be found in libertarian municipalism, the social-ecological approach articulated by Murray Bookchin, that demands small scale and direct democracy. Beyond Nostalgia:
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What is modernity? First, a period “occasioned by a peculiarly ahistorical view of the world, which is flattened into an eternal present. The world we experience appears to exhaust all possible worlds.” Second, modernity is deeply rooted in the three Kantian principles of Enlightenment: “‘What can know?’ the question of knowledge; of the ‘What should I do?’ which is the question of ethics, and of the ‘What can I hope?'” 
