The Underground Thomist
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We Have Crossed the LineTuesday, 12-09-2014
So wrote Alexander Hamilton in The Federalist, No. 84. He was speaking of one of the items proposed for a federal bill of rights, the freedom of the press. I am not thinking of that, but of a different item. I believe we have crossed the Hamiltonian line in the defense of conscience and religious liberty. Once upon a time, it may have been effective to put abstract guarantees of liberty of conscience and free exercise of religion in bills of rights and statutory enactments. If it was ever effective, however, it no longer is now, because terms like “conscience,” “religion,” and “liberty” have been so thoroughly vitiated. The judgment of conscience, separated from the knowledge of natural law, is viewed as meaning feelings of indignation that anyone should dare to judge my conduct. The duty of religion, alienated from the Creator to whom honor and obedience are due, is viewed as meaning personal eccentricities and baseless scruples in the name of which I demand special treatment. The boon of liberty, torn asunder from the duties it empowers us to perform, is viewed as meaning getting to do what I want to. We must not play that game. Conscience must be protected, and yes, in the long run we must rehabilitate these compromised terms. But in the short run, we must admit that the terms are compromised, and stop using them in the laws. Statutes which do employ them will at best confuse people, and at worst backfire. They will endanger the very things they are meant to protect. For example, if I say that my conscience forbids me to give support to the killing of babies, immediately someone will say that his conscience demands compelling everyone to pitch in for “health care,” by which he means the killing of babies. Therefore I say to lawmakers: Do not throw pearls before swine. Do not implore respect for such things as “conscience,” “religion,” or “liberty” from people who have no idea what these terms means. Yes, find ways to protect authentic conscience and religious liberty – scarcely anything could be more important. But find ways to do so without using the terms. Do not forbid abstract categories of acts; forbid acts. This will require that evils be targeted more closely. For example, one of the greatest contemporary threats to genuine conscience is that health care workers can be required to take part in abortion, euthanasia, and suicide. Forego the word “conscience.” Simply propose that no one may be required or commanded to take innocent human life, or to participate formally in its taking. The same approach may be taken toward attempts to coerce people to commit other evils. Such a law will be difficult to enact and even more difficult to sustain, but may mean a great deal. In our favor is the fact that even though the people no longer understand what conscience is, they still have consciences -- and they do still understand what killing is.
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We Interrupt This ProgramMonday, 12-08-2014
As many readers of this blog know, my Commentary on Thomas Aquinas’s Treatise on Law was published a few months ago. There were some glitches with its partner volume, but I’m glad to say that the unglitched Companion to the Commentary is now available for download. The two books work together, and the Companion -- the supplement to end all supplements – is free. So if you’re interested in the Treatise at all, this is a big deal. Please tell your friends, teachers, students, and acquisitions librarians. Here’s the backstory. Many moons ago, when I had finally sent my promised manuscript on Thomas Aquinas’s Treatise on Law to Cambridge University Press, all seemed well. Cambridge liked it. The reviewers liked it. There was one problem: Without realizing it, I had submitted a manuscript almost twice as long as it was supposed to be. It would have produced a book of about 800 pages. Can you imagine curling up in front of the fireplace with a granite block like that? You would have needed a forklift to carry it. And who could have afforded it? The editors and I hit on this solution: The book would be divided into two books. The Commentary on Thomas Aquinas’s Treatise on Law would still include the all-important line-by-line commentary on Questions 90-97 – the hugely important, central sections on law in general, the types of law, eternal law, natural law, and human law. But two big chunks of the book would emigrate to a second book which we would call the Companion to the Commentary: First, all the thematic discussions I provide over and above the line-by-line commentary, and second, additional line-by-line commentary on excerpts from Questions 98-108, on divine law. The Commentary is published both in print and electronically, and you have to pay for it. The Companion is available only as a PDF, but distributed for free -- a huge bonus. Of course both books are under copyright. You can find more information, including samples of the text and endorsements by other scholars, here.
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Wait For ItSunday, 12-07-2014
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History and Particular ProvidenceSaturday, 12-06-2014Yesterday I considered whether anything about God’s general providence can be gleaned apart from revelation, just by the use of natural reason. The more difficult case is His particular providence. For example: Certain formidable minds have believed that when time and time again, contrary to all reasonable expectation, the things human beings do to keep something from happening not only fail to prevent it but actually help bring it about, then we may reasonable conclude that more than human agency has been at work. Abraham Lincoln makes an argument something like this about the Civil War in his Second Inaugural Address. An even more well-known example is Alexis de Tocqueville’s reasoning about the replacement of aristocracy by “democracy,” by which he means equality of inherited ranks. He writes in the introduction to Democracy in America, “The various occurrences of national existence have everywhere turned to the advantage of democracy; all men have aided it by their exertions: those who have intentionally labored in its cause, and those who have served it unwittingly; those who have fought for it and those who have declared themselves its opponents, have all been driven along in the same track, have all labored to one end, some ignorantly and some unwillingly; all have been blind instruments in the hands of God .... The gradual development of the equality of conditions is therefore a providential fact, and it possesses all the characteristics of a divine decree: it is universal, it is durable, it constantly eludes all human interference, and all events as well as all men contribute to its progress.” Notice the similarity between this mode of reasoning about human history, and the reasoning of intelligent design theorists about natural history. If time and time again, events which should have been almost impossibly unlikely by natural processes have happened anyway, then we may reasonably include that more than natural processes have been at work. Among the various difficulties of such arguments – difficulties conceded even by their sympathizers, like me -- is that in order to be confident that a certain cause couldn’t have brought about a certain effect without assistance, one must have a very thorough knowledge of how that cause works. We do know a great deal about how random variation interacts with natural selection to bring about changes in finch beaks. However, we know far less about how human choices interact with each other to bring about historical events. So it is one thing to infer particular instances of design in biology, and quite another to infer them in history. Perhaps this is why arguments like Tocqueville’s and Lincoln’s are so seldom attempted in our day. However, I think they merit much more serious examination from philosophers than they receive. In recent decades, the philosophy of religion has resurrected itself and taken a new look at such things as the possibility of miracles; perhaps it is time for the philosophy of history to resurrect itself and take a new look at such things as the possibility of inferences about particular divine providence.
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History and General ProvidenceFriday, 12-05-2014Can anything about God’s direction of history can be gleaned just by the use of natural reason, apart from revelation? Nobody seems to believe this anymore, but not so long ago almost every intelligent person did. There are two cases to consider, one easier and one harder. The easier case is God’s general providence – the system of consequences built into the design of creation. For example, I think we may expect with great certainty that grave collective guilt will always bring about grave collective penalty, even apart from direct divine intervention. This is the well from which our ancestors drew those great maxims which contemporary social scientists consider so useless, like as “pride goes before a fall.” The things which we do to resist the natural consequences of our actions may delay them or change their form, but cannot prevent them; in fact they are likely to make them worse. Suppose I give a bump to a pendulum so that it travels further along the arc of its upswing than it would have on its own. When it does return, it will swing with greater force. Consider, for example, that tyranny is unlikely to arise among a virtuous people; if it does arise, they have probably been softened and prepared for it by a long period of moral decay. Until things get very bad indeed, they may even like tyranny, either because the regime has given certain constituencies private benefits, or because most citizens have not yet been personally hurt, or because the desires of the people are so disordered that they do not clearly see their own condition. The classical Christian writers seem to think that God does not often protect people from the natural consequences of their vices; these may be necessary to bring corrupt nations to their senses. Thomas Aquinas argues that if at last the people repent and mend their ways, then God will hear their prayers, but he warns that “to deserve to secure this benefit from God, the people must desist from sin, for it is by divine permission that wicked men receive power to rule as a punishment for sin.” Interestingly, the need to couple resistance to tyranny with repentance, prayer, and moral reform was a staple of colonial preaching during the American quest for independence, though whether the war with England fulfilled St. Thomas’s own criteria for constitutional resistance might well be questioned.
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Cow PattiesThursday, 12-04-2014Every now and then, everyone who walks across the fields of discourse steps in a cow patty. He writes something with the intention of commenting on issue P, realizing only afterward that it is likely to be taken as a comment on issue Q. Sometimes he sees the cow patty and tries to step over it. For example, in one of my recent posts I distinguished among the different senses in which the various kinds of natural inclination pertain to reason. The reason I put it that way was that I was trying to sidestep the professional debate about whether or not the natural inclinations are “in” reason. I consider that question badly framed, because it can’t be answered simply “yes” or “no” without giving rise to misunderstanding. But sometimes the writer puts his foot right in the patty. In another recent post, I remarked that according to natural law thinkers, the happiness of the community is the complete set of conditions, physical and social, that need to be satisfied in order for individuals to be able to pursue happiness effectively, both through their own actions and through the actions of smaller communities such as families, churches, and neighborhoods. It wasn’t until some days afterward that I realized that I might have been viewed as taking sides in the professional controversy about whether or not the political common good is merely an instrumental good, a means to an end. I wasn’t. But since I have already put my foot into it, here is what I think of that debate. The scholars who insist that the political common good is merely a means to an end say this because in the literal sense, only a person can be said to be happy, and the community is not a person; only its members are persons. That’s true. Yet these scholars are missing something too. The flourishing of the communities to which I belong is not just a means to the end of my happiness; it is also an element in my happiness. To put it another way, my marriage, my family, my friendships, my parish, my country, and what people of my faith call the “communion of saints” are not just conveniences to me. I care about them for their own sake, just as I care for the persons in them, and I cherish my membership in them as a good above and beyond any personal advantages I may gain by belonging to them. What happens to them, and what happens to their members, I experience in some way as happening to me.
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Postscript to "Blaming the Victim"Wednesday, 12-03-2014I’ve been asked whether yesterday’s post, “Blaming the Victim,” was about the student at Georgetown University who wrote after being mugged that it happened because people like him are “privileged.” He said that until there is economic equality, “we should get comfortable with sporadic muggings and break-ins. I can hardly blame them.” No, I wasn’t commenting on him. At the time I wrote the post I hadn’t even heard of him. But I do have a suggestion for him. Mr. Friedfeld, economic equality may never come. But if you really think your opportunities are unjust – that is the question, isn’t it? -- then there is something you can do about it right now. There is no need to continue accepting your unjust privileges. So give them up. Drop out of school. Give away your money. Accept no help from family. Get a blue-collar job. Work. It will be good for you. You will learn something. I did. And then I went back to school.
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“Who can give it any definition which would not leave the utmost latitude for evasion? I hold it to be impracticable; and from this I infer, that its security, whatever fine declarations may be inserted in any constitution respecting it, must altogether depend on public opinion, and on the general spirit of the people and of the government.”
We interrupt this series of blog posts for an important announcement.
