
The Underground Thomist
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Why the President Should Not Be Called a CowardFriday, 08-27-2021
As the shame and terror in Afghanistan unfold, every day worse than the last -- as we watch the president of the United States crumbling before our eyes -- the reasons for calling him a coward seem compelling. For three reasons, I resist joining this cry. The first concerns Mr. Biden personally. A coward flees from danger. Mr. Biden is safe and at ease. Though he is abandoning thousands who are in peril of their lives, he is not at risk. He does not rise to the level of cowardice. He sinks some degrees beneath it. The second concerns our political classes. To pin the accusation of cowardice on Mr. Biden alone is to deny the perfidy of his partners, enablers, and predecessors. A great many experienced persons in responsible positions, both in the military and in the political branches of the government -- persons who ought to have resigned and gone loudly public rather than be complicit in this bloody farce -- have instead chosen to give him cover. Although the epicenter of the hurricane of spin lies in his own party, we have seen time and time again that the other party is not much better, in this and in other matters. The horror in Afghanistan illuminates the fact that our political classes have horribly failed. The third concerns us all. We retain at least the trappings of a republic, and we empowered these people. Though we watch with shame not only the abandonment of our friends abroad but the unravelling of our social order at home, we cannot bring ourselves to pay attention to anything for long. Reality impresses itself upon us with scarcely more force than reality television. We watch social and international conflicts the way we would watch pro wrestling. The scythe arcs down with such terrible swiftness. I used to wonder whether my grandchildren would escape the final destruction; then whether my children would; now I wonder whether my contemporaries will. It is not entertaining when a writer repeats himself, but what we are experiencing is judgment. If we will not grasp that, we will grasp nothing. We are being judged not so much for the imaginary evils for which violent, deranged thugs despise the country, but for the real evils we have cuddled to our bosoms. We are just beginning to have the government we deserve. Politics matters, make no mistake. But what we need is not just a different president, not just a political reform, but sorrow, soul-searching, and conversion. The rest -- let us hope -- will follow.
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Hitting the Nail on the HeadThursday, 08-26-2021
Eminently quotable: President Biden is, to be sure, some kind of Catholic, as the Jewish atheist is some kind of Jew, or the anarchist who wishes to destroy his country is some kind of citizen, or the theologian who teaches in the name of Christ while denying His deity and His resurrection is some kind of Christian, or the cancerous cell is some part of the body it is killing. If possession of some kind of religious sensibility, even an intense sensibility, is the proper mark of devotion, then perhaps one cannot even deny that Biden, Speaker Pelosi, and Catholics like them are “devout.” But this does not stop them from being very bad Catholics, servants of God in the same way Satan is, or bloody-minded enemies of the Church of which they are officially members in good standing, and which is replete with bishops who have no qualms about offering them communion. Editorial, “Here We Remain,” Touchstone (July/August, 2021).
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So Long as the Despots Are Our Despots, Is Everything Fine?Monday, 08-23-2021
Many conservatives have come to believe that the domination of our political system by the executive and judiciary would be fine, if only the executive and judiciary did the right things. Thus is it argued that since there is now a conservative majority on the Supreme Court, judicial restraint has had its day, and all we need is a conservative chief executive who will toss out mandates the way Roman nobles flung coins to the crowd – that is, the way Progressive chief executives do. I find the part about conservatives in the judiciary difficult to fathom. You don’t find that (somewhat) conservative majority on the Supreme Court revoking the constitutionally fraudulent doctrine of a private right to lethal violence against babies, do you? And if Mr. Trump is still the best standard-bearer the (supposedly) conservative party can come up with, the trouble on the Right is very deep indeed. But suppose the premise were correct. The conclusion would still be wrong. Yes, of course, the Progressive nostrums foisted upon the enfeebled republic by courts and administrators are abominations. But we have two problems, not one: Not only what is decided, but how it is decided. So long as we still aspire to a republic, prudential judgments for the common good should be made primarily by legislatures, not by the executive and judiciary. Making them is the meaning of legislation. Only those judgments should be left to judges and administrators that further specific legislative intentions in ways that the law allow. I willingly concede that no one, in any branch, should be compelled to carry out a legislative enactment that violates the natural law. Even so, it is one thing for judges to refuse to give force to such an enactment, or for administrators to resign rather than to do so -- and another for them to set their own judgments in place of it. The thing to do with a corrupt legislature is reform it, not wipe it out. True, we hardly function as a republic any more. But we have not yet reached the point – at least I don’t think we have reached the point -- where we should abandon all hope of working our way back to one.
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New Talk on the Architecture of LawSunday, 08-22-2021
I’ve just posted the audio recording of a talk on “The Architecture of Law” that I gave to the Sołek Academic and Cultural Center, Poznań, Poland, in June, 2021. It’s the first item on the Listen to Talks page of this website, and yes, it’s in English, not Polish. If you’d like to hear it, alas, you won’t be able to view the slides, but you can still understand what I’m talking about by keeping your eyes glued to this larger version of the diagram above. Happy listening! And fraternal greetings to all of my readers in Poland.
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Why They Sputter Nonsense about AfghanistanSaturday, 08-21-2021
Eminently quotable: The truth is, it does not occur to our elites that the world they wish to impose on the Taliban might be only slightly less morally repugnant than the world the Taliban wish to impose on Afghanistan. Our leaders govern societies that systematically deny the rights of the unborn and the elderly, that aggressively violate their citizens’ rights of free speech and free exercise of religion. They seek to create a world where parents have almost no rights over the education and rearing of their children, where toxic ideologies about race and transgenderism are forced on young and old alike, and parents are afraid to oppose these ideologies for fear of the state. In other words, they do not really believe the things they say about rights, equality, and dignity. They are morally bereft. That’s why, when confronted by the bloody moral absolutism of the Taliban, they sputter nonsense and do nothing. John Daniel Davidson, “The Afghanistan Debacle Has Exposed the Moral Bankruptcy of the West,” The Federalist (19 August 2021).
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Elmo’s Constitutional AdventureThursday, 08-19-2021
Elmo is trying to find a missing Constitutional rule. It’s one of the following seven, but they are all so similar! Can you help Elmo pick out which judicial doctrine is correct? a. A baby may be killed in a house, but not on a street. b. A baby may be killed in a park, but not in a museum. c. A baby may be killed in a bus, but not in a subway. d. A baby may be killed in a garden, but not in a yard. e. A baby may be killed in his mother’s womb, but not in her arms. f. A baby may be killed in a crib, but not in a stroller. g. A baby may be killed in an airplane, but not on a runway. The answer is e, a baby may be killed in his mother’s womb, but not in her arms. Did you get it right? Great! Good job! You are on the way to high office.
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How to Think About “Institutional” RacismMonday, 08-16-2021
Not everyone who uses the term “institutional racism” is a fan of Critical Race Theory. But almost everyone who uses the term is careless. The term is highly effective for invective and for virtue signaling, but not very useful for analysis. What’s “institutional” about institutional racism? How is it different from ordinary racism? One way people use the term makes sense; some make some sense; most are misleading. We can discuss racism, but let us be more precise. Meaning one. Our institutions are racist because a lot of people in them are racist. Certainly a lot of people are racist; certainly a lot of people aren’t. Even if they all were, this way of speaking would commit the fallacy of composition, which is failing to distinguish individual from collective properties. It’s like saying that the floor is square because a lot of its tiles are square, and so it still doesn’t answer our question: What’s institutional about institutional racism? Meaning two. Some institutions are racist because they are all about the mistreatment of certain races. For example, there might be an institution of enslaving or segregating black people. Yes, this sort of thing can properly be called institutional racism. But we no longer have slavery or Jim Crow, and it is difficult to come up with contemporary examples of such institutions. Meaning three. Some institutions are racist because even though they are not all about the mistreatment of certain races, at a given point in time they pursue policies and practices that might be described in that way. For example, the worst teachers may be routinely assigned to the schools where black people live, or police may routinely stop and search black people just because they are black. Certainly such policies and practices exist in some places. However, it’s misleading to say in such cases that the institutions themselves are racist; the problem lies with the policies and practices. After all, the cure for racism in teaching assignments isn’t to abolish the institution of schooling, but to abolish the practice of sending the worst teachers to disfavored neighborhoods. And the cure for racism in stops and searches isn’t to abolish the institution of police, but to train police to stop and search only for cause. Meaning four. Some institutions are racist because they pursue policies and practices that have a different effect on different races even though they don’t target any of them deliberately. As before, if there is a problem here it lies with the policies and practices, not with the institutions per se. But is there a problem here? That depends on what is meant by having a different effect. Consider two cases. Although I wouldn’t call a policy "racist" that for purely actuarial reasons denied health insurance coverage for sickle cell anemia, it would certainly be racially calloused, and ought to be reformed because it would defeat the social purpose of health insurance. On the other hand, although black youths are statistically more likely to commit certain kinds of crimes, in this case the problem lies with behavior. We don’t need to stop arresting people who commit crimes, although we ought to use the same standards for every race. Meaning five. Our institutions as a whole are racist just because the races are differently represented in the various social classes. Surely people are not to blame for being born poor, but it doesn’t follow that someone else is to blame for it. The sheer fact of racial and class differences is not racist in itself. The question is whether those with higher status use their advantages to prevent others from improving their lot, for example not paying poor black people (or for that matter poor white people) their just wages – and people should not be punished just because they have the same color of skin as certain other people who did bad things long ago. The underlying principle is giving to each what is due to him, which is the definition of justice. But shouldn’t we try to help people? Sure. Practicing a constant will to the true good of others, which is the definition of charity or love, is another underlying principle. But make sure you don’t help in ways that really hurt, and make sure you don’t use “helping” as an excuse for injustice. See also last Monday’s post: Why Everything Is Racist Now
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