...In their own ways, therefore, Machiavelli and Luther illustrate the modern loss of the law as “rule and measure of action.” In a 2014 essay—which will serve as an appendix to the forthcoming translation of La loi naturelle et les droites de l’homme—Manent diagnoses our illness as a loss of the intelligence of law. This loss was not accidental, he writes:
We have lost it because we wanted to lose it. More precisely, we have fled from law. We are still fleeing from it. We have been fleeing from law since we took up the project—let us call it “the modern project”—to organize common life, the human world, on a basis other than law. . . . Rights and self-interest are the two principles that allow for the ordering of the human world without recourse to law as the rule and measure of action. Of course we still have laws, indeed more laws than ever, but their raison d’ętre is no longer directly to regulate our actions but rather to guarantee our rights and equip us to seek our interests in a way that is useful or at least not harmful to the common interest.
Our flight from the law in the name of more freedom to act has paradoxically undermined the principles for practical action. It turns out that we could not make our own meaning and give ourselves our own laws and ends.
...The greatest contrast Manent identifies between the ancient and the modern world is the difference between the free agent and the free individual. The free agent is concerned more about the intrinsic quality of his action than the objects exterior to his action, while the free individual is more concerned with exterior obstacles to his action than its intrinsic quality. For example, free agents and free individuals view death differently. For the individual, death is an obstacle to be removed. For the agent, death becomes part of the logic of action. Death is not the chief obstacle to be overcome or conquered, and therefore the great menace, but one of the many rules and motifs governing action. The individualistic view of death as an extrinsic act of life is most fully captured in euthanasia, the arbitrary but authorized killing of innocents.