States Can't Make Moral Limits

Updated: 2026.04.20 2H ago 1 sources
Drawing on John Witherspoon and the Revolutionary era, the piece argues moral boundaries are formed in families, churches, and civic institutions, not by statute; attempts to legislate conscience or create virtue from above will fail or produce perverse incentives. It reframes debates over moral regulation (speech, education, public order) as failures of civic formation rather than gaps to be filled by more law. — If true, the claim pushes policymakers to focus on strengthening civil institutions and civic education instead of expanding regulatory moralism, shifting how we justify limits on state power.

Sources

The Moral Limits the State Cannot Create
Dermot Curtin 2026.04.20 100% relevant
The article explicitly centers John Witherspoon and the 'Spirit of 1776' to show a founding-era case that moral formation is social and religious, not a byproduct of legislation.
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