Archive for the ‘Barack Obama’ Category
Should Christians Want to Pay More Taxes?
Filed under: Barack Obama, Economics, Ethics, Politics | Tags: Acts, apocalypticism, communism, dualism, economy, eschatology, Ethics, government, money, Obama, taxes
Comments (6) Today, on Divine Mercy Sunday for Catholics and the first Sunday after Easter for Protestants, the Lectionary presents us with a challenging reading from the Acts of the Apostles.
The community of believers was of one heart and mind, and no one claimed that any of his possessions was his own, but they had everything in common. With great power the apostles bore witness to the resurrection of the Lord Jesus, and great favor was accorded them all. There was no needy person among them, for those who owned property or houses would sell them, bring the proceeds of the sale, and put them at the feet of the apostles, and they were distributed to each according to need. (Acts 4:32-35)
This is a challenging reading because it smacks in the face of typical American economic sentiments that are based on the rights to private property and capitalism and a strong aversion to anything that smacks even remotely of communism. Moreover, this passage goes against sheer pragmatism. How could society function if this is the ideal?
The type of sermon you might hear on this passage depends heavily on what type of church you attend. Many choose not to preach on it, especially since the Doubting Thomas gospel passage offers an opportunity for a more irenic message from the pulpit. But this passage also presents the opportunity to give a heavy-handed political message, a message that is especially relevant in light of the dire state of the economy right now, and followed so closely on the heels of tax day. What I am referring to is an argument akin to the one Diana Butler Bass makes in this piece for Sojourners Magazine.
<blockquoteWednesday morning, at 9 a.m. sharp, I took my tax payment to the local post office. When I handed it to the clerk, she said, “I hate tax day.” I replied, “Not me. I don’t love parting with the money, but I kinda like it. That check is a bargain — roads, schools, medical care, social security, and the freedom of living in the greatest country in the world. It is patriotism by checkbook. Why should I hate it?” She replied, “Why, I’ve never heard anybody say that! It isn’t such a bad deal when you put it that way.”
No, taxes aren’t such a bad deal. Nor are they, as might have been heard at the ersatz “tea parties” around the country, at odds with Christianity. Indeed, tax day is a day that progressives should celebrate — as we participate in one of the greatest social reforms of the 20th century: the progressive income tax.
Her argument is essentially that a progressive tax is an expression of Christian love and a fulfillment of the economic demands of Jesus. Moreover, a progressive tax is a way of taking care of the poor, of providing relief to the suffering, of instituting reform that all Christians should be on board with, like universal health care, welfare reform, and education. What true Christian would not want to pay more taxes?
The problem with Bass’ argument on this point is that she has a view of the government which is thoroughly unscriptural. As I heard so aptly expressed today in church by someone who I am sure will not mind me borrowing his words, people like Bass want to “separate Jesus’ ethics from his apocalypticism.” Jesus’ ethics were beyond progressive. They were radical, even if for Christians they are so familiar as to be paradoxically comfortable.
• “Go, give everything you have to the poor.”
• “It is easier for a camel to pass through the eye of a needle than it is for a rich man to enter the Kingdom of Heaven.”
• “Blessed are you that are poor for yours is the kingdom of god, but woe to you who are rich for you have already received your comfort.”
• “Do not resist an evil person. If someone strikes you on the right cheek, turn to him the other also. And if someone wants to sue you and take your tunic, let him have your cloak as well.”
But Jesus’ apocalypticism is a little harder to swallow. Apocalypticism is a way of explaining the state of the world and why so much suffering seems to exist. According to the apocalyptic worldview, God had temporarily relinquished the world to the evil forces that opposed him, a situation which would in some future eschatological battle be reversed and God’s sovereignty restored. Apocalypticism is closely associated with dualism, with the division of the world into light and darkness, good and evil, the realm of Satan and the realm of God, the present age of wickedness and suffering and the age to come of glory. In this apocalyptic worldview, there is no middle ground, no neutral territory. People are either on the side of the Good, or they are opposed to it. If you are on the wrong side of things, you had best repent and turn your attention to walking in the light, or else be vanquished in the coming eschatological battle where God’s kingdom will be restored.
Jesus’ apocalypticism is a little hard to swallow because it makes him out to be a little less nice, a little less civilized, a little less progressive than we typically think of him:
• “Therefore everyone who confesses me before men, I will also confess him before My Father who is in heaven. But whoever denies me before men, I will also deny him before My Father who is in heaven.” Matt. 10:32-33
• “So it will be at the end of the age; the angels will come forth and take out the wicked from among the righteous” Matt. 13:49
• “If you were of the world, the world would love its own; but because you are not of the world, but I choose you out of the world, because of this the world hates you” John 15:19
Jesus thought the world was under the dominion of evil. His coming was not only to usher in the Kingdom of God, but also to set apart some who would be “children of the light.” Jesus’ ministry was not about changing the structure of the government or about initiating a political revolution. If anything, Jesus expected the governments to be a source of persecution for his followers, not a source of godly support. He says to his disciples in Matthew: “Behold, I am sending you like sheep in the midst of wolves; so be shrewd as serpents and simple as doves. But beware of people, for they will hand you over to courts and scourge you in their synagogues, and you will be led before governors and kings for my sake as a witness before them and the pagans. . . You will be hated by all because of my name.” (Matthew 10:16-22).
So let’s return to this passage in Acts and the question of a progressive tax. It does not say in Acts that the community of believers sold all they had and gave it to the emperor. It does not say in Acts that the community of believers put the welfare of the poor into the hands of the government. It says that the community of believers would sell their property or houses and bring the proceeds at the feet of the apostles. The community of believers was not clamoring for government reform. Rather, with “one heart and mind . . . [they] bore witness to the resurrection of the Lord Jesus.” The community of believers is at odds with the government, not collaborating with it. Earlier in this chapter of Acts, we read that they are citing Psalm 2 which in no way indicates that the apostles or their burgeoning community think that Christian reform either starts or ends with the government: “the kings of the earth took their stand and the princes gathered together against the Lord and against his anointed.”
So what about taxes? If the government is wicked, should Christians just stop paying taxes? Jesus seemed to think the question of taxes was secondary. “Render unto Caesar what belongs to Caesar, and to God what belongs to God.” (Matthew 22:21). The government uses our tax dollars in a lot of good ways that, of course, Christians can and should support. It is through tax dollars that our roads get built, our public schools get funded, our poor and homeless and handicapped get helped. But our tax dollars get put toward funding an awful lot of wickedness as well. The biggest chunk of the federal government’s budget goes to the military. We have bases all over the world, and two wars (maybe three) raging in the Middle East, wars which Christians have good arguments for thinking are unjust. President Obama’s administration has just bailed out the flailing General Motors with billions of dollars of loans that may never be paid back and a CEO making 1.3 million dollars. And earlier this year, Obama allotted 10 billion federal dollars to fund embryonic stem cell research, which he does not think of as a matter of ideology, even though millions of Americans do.
The point is, Christians have to come to terms with the fact that our tax dollars go to both good and evil things. There is no way to reconcile this fact by saying that your tax dollars go to support only the initiatives that you support—welfare reform, for example, but not the war. No, your tax dollars are sullied by all of the many unethical things that government gets involved in, financed by you, the American people. This does not mean that you should stop paying taxes, but only that you should realize that you do so with dirty hands.
“The community of believers was of one heart and mind . . . with great power the apostles bore witness to the resurrection of the Lord Jesus, and great favor was accorded them all. There was no needy person among them.” Christians cannot expect the government to provide for the poor, to cure the sick, to offer succor to the suffering. This is the task that has been given the Christian community, which, in a sinful world under the control of forces of evil (what Walter Wink called “the Powers that be”) can only be accomplished through the powerful grace of Christ. It is the power of Christ that heals, and the power of Christ that knocks down the sinful and oppressive structures of the world that cause innocent people to suffer. It is the power of Christ that enables sinful and selfish human beings to give all that they have to the poor because it is in doing so that we realize our freedom to follow our Lord.
The Christian should pay their taxes with a heavy heart, not because of money lost, but because of how that money is spent. And with new zeal, the Christian should offer everything else they have—their heart, mind, soul, and possessions to the Christian community, laying all this at the feet of the apostles, and “bearing witness to the resurrection of the Lord . . . [and] distributing to each according to their need.”
Is Christian Realism a Non Sequitur?
Filed under: Barack Obama, Ethics, Hauerwas, Non-violence, Politics | Tags: Augustine, Christian realism, David Brooks, Hauerwas, just war, Non-violence, Obama, Reinhold Niebuhr
Comments (4) In light of the inauguration of Barack Obama who cites Reinhold Niebuhr as one of the most influential theologians on his way of thinking about politics, and in light of the fact that my students have been studying Reinhold Niebuhr, I have been thinking a lot about Christian realism recently. Lots of people, it turns out, have been pondering the meaning, scope, and contemporary relevance of Christian realism. I was assigned a question on my comprehensive exams examining the theological coherence of Reinhold Niebuhr’s political stances, and last week Boston College hosted a conference with Jean Bethke Elshtain, Andrew Bacevich, and Bryan Hehir on the subject of Realism, Ethics, and US Public Policy. So it seems a fitting time for Everydaythomist to explain what Christian realism is, delineate a little bit of its history, and raise a few questions about just how “Christian” it is.
First, we must understand what realism is. Realism is a political theory that views politics as a realm shorn of all moral and ethical constraints. Sometimes called “power politics,” a realist politics is not motivated by concerns for the common good or virtue, but rather by self-interest, necessity, and most of all, maximization of power. According to realism, politics is seen as limited only by power constraints, not by ethical constraints about what may or may not be just. As Michael Walzer puts it, who dedicates the first chapter of his book Just and Unjust Wars to arguing “Against Realism,” realism can be summed up as “they that have odds of power exact as much as they can, and the weak yield to such conditions as they can get.”
Some big names are attached to a realist ethos: Thucydides, who wrote the History of the Peloponnesian War, Thomas Hobbes, and Machiavelli. In some ways, realism is a kind of pre-Christian philosophy. It is the politics of Athens and Sparta and Rome, not of Christendom. In fact, pre-modern and modern advocates of reviving realism have seen Christianity as a threat. Rousseau, for example, said that Christians were wretched citizens, that politically, they were like lambs being led to the slaughter. In the public square, Rousseau wanted Christianity replaced with a hearty civic religion, which espoused virtues more in line with a realist agenda than a Christian one. Christian virtues, of which Nietzsche was so critical, were effeminizing virtues that encouraged citizens to be weak, passive, and unfit for civic life or political leadership.
So how do we get from Christianity being the enemy of realism, to a political theory called “Christian realism?” The first place to look is in the political theory and public theology of Augustine. According to Augustine, the moral vision of Jesus could not provide the basis for a viable political and social ethic. Rather, Augustine argued that the gospel ethic such as found in the Sermon on the Mount (love of enemies, non-resistance, etc.) were rather intended for an interior ethic that would no doubt influence Christian behavior but not wholly dictate Christian participation in the world. In other words, Christian morality sets certain limits on behavior, but the moral vision of Jesus was considered an impossible ideal, not achievable in this world.
The place we see this form of Christian realism playing itself out is in the doctrine of just war. Although it seems as if Jesus’ ethic, and Paul’s as well, would prohibit Christians from participating in war, or any form of violent resistance, Augustine argued against the pacifists of his day that Jesus was actually only talking about one’s inner intention, not one’s behavior when he said to “resist not an enemy.” Augustine thought that Christians could participate in war and kill enemies of Rome, but they had to do so with a inner disposition of love, not of revenge or hatred. Christian realism thus becomes a kind of “ethic of compromise” between the strong realism of the secular order and the non-violent perfectionist ethic of Jesus.
In the contemporary period, the phrase “Christian realism” immediately brings to mind the Protestant Christian theologian Reinhold Niebuhr. According to Niebuhr, conflict and violence are pervasive features of human life. The ethics of Jesus, what Niebuhr called an ethic of agape or Christian love can never provide the basis for a political or social ethic, but an ethic of agape can inform the social and political realm, curbing the inevitable conflict and violence and providing the baseline for a minimal ethic of justice. Like Augustine, Niebuhr thought that Christian ethics could set limits on a stronger realist ethic based solely on power, but Christian ethics could not expect to totally obliterate violent struggles for power. In fact, Niebuhr strongly supported certain struggles for power, such as those between the USSR and the USA as the “lesser of two evils.”
Christian realists are unanimously convinced that Jesus’ standard of morality is an impossible ideal. You simply cannot love your enemy, resist all evil, or go the extra mile in our sinful world. Moreover, Christian realists are unanimously terrified that if Christians did try and live out Jesus’ ethics, the consequences would be horrible. Luther thought, for example, that if Christians tried to live as pacifists, the “ravenous wolves” of the world would take over the Christian church and herald in the reign of Satan. Augustine was terrified of the chaos that accompanied war and other social upheaval and considered such chaos to be antithetical to the Christian life. Thus it was better for Christians to compromise their ethic in order to prevent the greater evil of social chaos than it was for them to live out the moral vision of Jesus. Reinhold Niebuhr was a little more fatalistic. He thought that human beings simply could not live as Jesus had commanded them and to try to do so, like the liberal Protestant followers of the Social Gospel in his day were doing, were setting themselves up for disaster.
In an oft-cited David Brooks’ op-ed from the New York Times, then presidential candidate Barack Obama listed his reasons for loving the realism of Reinhold Niebuhr. When asked what he takes from Niebuhr, Obama responded,
I take away the compelling idea that there’s serious evil in the world, and hardship and pain. And we should be humble and modest in our belief we can eliminate those things. But we shouldn’t use that as an excuse for cynicism and inaction. I take away … the sense we have to make these efforts knowing they are hard, and not swinging from naïve idealism to bitter realism.
The idea is that you cannot rid the world from evil, but you also cannot be afraid of getting your hands a little dirty (as Michael Walzer) says fighting what evil you can. Moral compromises are necessary if you expect to achieve any sort of moral victory, however small it might be.
This all sounds fine and good, except for the fact that it really does not seem consistent with what Jesus expected of his disciples. Reading the Sermon on the Mount, for example, I do not get the impression that Jesus was laying out an impossible ideal for Christian morality, but really and truly telling his followers how to behave. Moreover, Jesus seems to acknowledge that his ethic, while not impossible to live out, will not be an ethics of power, that is, a realist ethic. We see this especially in the reading from Mark 8:27-9:1 where Jesus asks the question, “Who do men say that I am?” Peter gives the correct answer, that Jesus is the Messiah, but errs in assuming that Jesus will be a powerful Messiah, indicated by Jesus’ harsh rebuke to “Get behind me, Satan. For you are setting your mind not on divine things but on human things.” As Stanley Hauerwas, one of the most famous Christian advocates of non-violence alive today, writes, “Jesus insists it is possible, if God’s rule is acknowledged and trusted, to serve without power.”
The coercive struggles for power that form the status quo for the world’s political activity, which we have defined here as realism, are not the ways of the Christian. Rather, the cross is the only basis for a Christian realism. The cross reveals the reality of the world, namely, that sin is real and that sin has usurped the rule of God. And the cross also reveals what Christians can expect from the world if they are faithful to their call of discipleship. Faithful Christian disciples have to be prepared to sacrifice themselves, to stretch out their arms and say “Father forgive them, they know not what they do.”
But as Stanley Hauerwas notes,
Jesus’ cross . . . is not merely a general symbol of the moral significance of self-sacrifice. The cross is not the confirmation of the facile assumption that it is better to give than receive. Rather, the cross is Jesus’ ultimate dispossession through which God has conquered the powers of this world. The cross is not just a symbol of God’s kingdom; it is that kingdom come.”
Jesus does not play power politics. He does not fight the evil of the world on evil’s terms. He does not use violence, power, and coercion to fulfill his mission. Nor does he expect his disciples to. Jesus invites his disciples to his own non-violent love, a love that will indeed overcome the powers of the world, but not through coercion and force.
Neighbor Love, Natural Law, and Universal Moral Norms
Filed under: Barack Obama, Metaphysics, Philosophy, Thomas Aquinas, abortion, natural law | Tags: abortion, Barack Obama, natural law, prayer breakfast, Good Samaritan, Jean Porter, human nature, Golden Rule, universal norms, human being
Leave a Comment Last Thursday, Barack Obama spoke at the Annual Prayer Breakfast about his faith and what he sees as the role of religion in public life. Judging from the fact that President Obama referred to unbelievers as “humanists,” it is pretty clear what Obama thinks religion is there to do: help us love one another.
“Whatever our differences, there is one law that binds all great religions together. Jesus told us to ‘love thy neighbor as thyself.’ The Torah commands, ‘That which is hateful to you, do not do to your fellow.’
” In Islam, there is a hadith that reads ‘None of you truly believes until he wishes for his brother what he wishes for himself.’ And the same is true for Buddhists and Hindus; for followers of Confucius and for humanists.
“It is, of course, the Golden Rule -– the call to love one another; to understand one another; to treat with dignity and respect those with whom we share a brief moment on this Earth.”
The interesting thing about this claim our president is making is that it rests on anthropological and metaphysical principles that we all do not actually agree on. Conservative Christians, for example, lost no time in pointing out the hypocrisy of President Obama’s insistence that there is no God who condones taking the life of an innocent human being when he has one of the most consistent pro-choice records of any politician around today. This is because Barack Obama does not think that the fetus is a full human being with full moral rights; Conservative Christians do.
Turns out, in the history of humanity, we have never been all that clear about what it means to be human or what counts as a full human being. Metaphysically, the question is “what is the essence of humanity?” Some people think we can resolve this question through practical reasoning and consensus. Jacques Maritain, for example, thought that natural law reasoning could provide the philosophical foundations for an anthropology that would support the drafting of the 1948 UN Universal Declaration of Human Rights. Maritain thought we could get all nations together and agree on such rights even if we did not agree on their metaphysical presuppositions. But as post-1948 history has illustrated, we might like the rights when they apply to ourselves, but it still isn’t all that clear who counts as human and gets to benefit from them. Our progressive-minded president draws a line in the womb somewhere. Peter Singer draws the line at infants. Aristotle drew the line at barbarians, women, and natural slaves.
A lot of people, many of them Catholic but not all, think that natural law can provide a fixed understanding of human nature. The idea is basically that human beings can rationally derive what it means to be a human, and what is normative for human nature, based on rational discernment about what is “natural.” Some have described this as an unwritten law on the human heart, and it is normally not thought of a religious way of thinking about humanity and morality. The Founding Fathers in the United States were deists, and were very influenced by natural law reasoning from the Enlightenment that led them to the American Proposition that “all men are created equal.” Because of its characteristic “unreligious” nature, natural law reasoning has been dismissed by many Protestants like Karl Barth who claim that God’s will, not human reason, is up to the task of figuring out what human beings are and what they are supposed to do.
Natural law, as defined by Aquinas (though Aquinas’ definition in no way exhausts all the different ways natural law has been conceived from the time of the pre-Socratics to the present) is the rational creature’s participation in the Eternal Law (I-II, Q. 91, art. 2). The natural law is a capacity to distinguish between good and evil that rational creatures are endowed with. This capacity is expressed through moral precepts like the Golden Rule. The natural law can yield more specific precepts and includes a fundamental capacity for moral judgment, but there is considerably less certainty on the level of particular norms. Basically, the Golden Rule might be absolute and universal, but how to apply it is not. Rather than thinking of the natural law as a series of universal norms, it is better to think of it a rational principle of discernment–a built-in mechanism human beings have to discern between good and evil.
What the natural law does not give us, despite what some people think, is a fixed understanding of human nature. Natural law does not allow us to grasp absolute, fundamental, and universal aspects of human nature. Rational discernment gives us an idea of what is fundamental to human nature, but our ability both to know these elements and to express them is limited, not only by our inability as finite creatures to grasp the absolute and the universal, but also due to sin which clouds our intellect and veils the truth. Moreover, human nature is not something that exists in a fixed way prior to becoming embedded in a culture, but is rather a political or social thing. God may know the essence of human nature, and what should be normative for human beings to do in any given situation, but human beings do not have access to such knowledge. As Reinhold Niebuhr said, the one absolute is that human beings do not know the absolute.
What we get from natural law reasoning are a lot of different norms and a lot of different ideas about human nature. Aristotle, Aquinas, Peter Singer, and Barack Obama are all using the natural law to make judgments about what is good and what is evil, and I am betting that none of my readers agree with all of them. Although modern natural law theorists have attempted to provide a universal moral code based purely on practical reasoning, I think this is an impossibility. Natural law reasoning, rather, is always embedded in a particular belief system and a particular metaphysical conception of the good. You cannot separate the work of practical reasoning from the political, social, and religious environs in which such reasoning occurs, nor can you present a definition of human that is detached from such an environs. At least, not an absolute or universal definition.
So what are we to do in this global environment where we are desperate, as President Obama illustrates, to find commonalities, or the universal among all the particularities? Does natural law provide us with any way of generating universal norms or a universal definition of what it means to be human? Jean Porter has argued convincingly that people like Thomas Aquinas thought of natural law as a Scriptural concept, that his understanding of human nature was guided by scriptural and theological principles of interpretation. Consequently, Aquinas’ idea of human nature was not grounded in the conclusions of pure practical reasoning, but rather in the image of God in the person of Jesus Christ. For thinkers like Aquinas, natural law reasoning occurred at the locus where reason and revelation occurred, and this allowed him to construct an elaborate, virtue-based ethic delineating not only what was possible but also what was desirable for human nature under the aid of grace. What is normative for the human being under such specifically Christian natural law reasoning is not just the Decalogue and the two-fold command to love God and love your neighbor as yourself, but also the call to perfection in the Sermon on the Mount, the fruits of the Spirit in Galatians, and that ever-tricky love of enemy.
The consequence of this idea of natural law is that Barack Obama cannot just say that everybody across the globe knows to “love their neighbors as their selves.” I’m sure the Hutus bought into that as they were slaughtering the Tutsis. Good thing the Tutsis weren’t neighbors. The British probably bought into as well as they were legislating apartheid in South Africa to keep the non-neighbor Africans in their place. The German National Socialists, many of them good Lutherans in their free time, undoubtedly thought love of neighbor was important, but Jews and Communists and homosexuals were fair game. And Barack Obama can cite the universality of the command in front on the National Prayer Breakfast with a clear conscience, even though he thinks that partial birth abortion is okay, and has done all he can to make sure it stays legal in this country.
For Christians, who counts as the neighbor cannot be separated from what revelation through Scripture tells us. For the hard-core biologist, the neighbor will be defined differently, probably based on some scientific standard for who counts and who does not. For the philosophical humanist, we will get another definition. Barack Obama is right to point out the universal nature of the Golden Rule, but the Golden Rule tells us practically nothing. As the Gospel of Luke, chapter 10 indicates, the juicy part of that question is “who is my neighbor.”
Obama’s Pledge to Reform Ethics and the Principle of Epikeia
Filed under: Barack Obama, Ethics, Politics | Tags: common good, Daschle, epikeia, Ethics, justice, lobbyists, Obama
Comments (1) Liberals and conservatives are outraged at Barack Obama’s apparent contradiction of his campaign promises to clean up Washington and initiate sweeping ethical reform. The most recent complaint is over President Obama’s unwavering support for Tom Daschle’s nomination as the new head of Health and Human Services, despite the fact that Mr. Daschle has failed to pay $128,000 in federal income taxes (and the questionable ways in which Mr. Daschle spends his money).
The problem people have with President Obama is that he is making exceptions to the rule, despite the fact that he presented on the campaign trail an uncompromising message of ethical reform. Those who defend Obama say that the exceptions are necessary because certain people who the rule would exclude (lobbyists, e.g.) are needed for their expertise and skill set. Jody Powell, Obama’s press secretary, puts the conflict nicely: “If you set standards, you’re going to fall short on occasion and you’re going to have to compromise on occasion. But you’re probably also going to get more done.”
Seems like a perfect opportunity to talk about the principle of epikeia. Laws, says Aquinas, deal with human actions. As such, laws are about “contingent singulars,” meaning particular situations with particular circumstances. Because laws are about the particular, it is impossible to make laws that can exhaust the possibilities for moral action in every single conceivable case. Legislators, rather, make laws according to what usually happens.
However, there will be cases where even the best law, if applied to a certain case, will do harm to the common good than would be considered just. And since it is the law’s job to protect the common good, the application of the law in the particular questionable situation would be antithetical to its purpose. The example Aquinas gives is the law that all deposits should be returned. It is a good law–if I put a deposit in the bank, I expect to get it back. But, posits Aquinas, what if a madman gives his sword as a deposit, and if he gets it back, plans on going on a murderous rampage? To give him the sword back would be contrary to the common good. The law about returning deposits is still a good law and will have good effects in the majority of cases. In this case, however, applying the law would be injurious and so it is probably better not to follow it.
Another classic example is the person hiding Jews from the Nazis who is confronted by a Nazi and must either lie (and break the rule against lying), or tell the truth in accordance with the law and risk the death of a number of innocent people.
In situations like this, Aquinas says the letter of the law should be set aside in favor of following the dictates of justice and the common good. This decision to set aside the letter of the law is called epikeia, and with Aristotle, Aquinas calls it a virtue. Specifically, it is a subjective part of justice (meaning that it is a part of justice but doesn’t fully encapsulate the meaning of justice) and its object is equity.
Now, epikeia does not set aside the application of a law that is just in itself because of inconvenience or severity. Epekeia, for example, does not allow a person to set aside the letter of the law regarding lying because if he tells the truth, he is going to lose his reputation or suffer some other punishment. Aquinas recognizes that following the law will often be arduous and sometimes will have unpleasant effects. Epikeia simply assures that we see the purpose of the laws as serving the common good and justice, rather than viewing obedience to the law as a good in itself.
To return to Obama. He might have made a rule that no lobbyists would be given political positions in his administration, but if the application of that rule would harm the common good, it would be consistent with epikeia to break it. The burden of the question, therefore, is if the nomination of William J. Lynn III, an ex-Raytheon lobbyist he nominated as deputy defense secretary, is really for the common good.
In a political leader, a healthy sense of epikeia is a good thing, and Obama seems to have it. In fact, his ethics reforms, especially those regarding lobbyists, were not as hard-lined as you might have assumed based on his campaign rhetoric. His rules regarding lobbyists in reality do not ban all lobbyists outright, but rather set conditions on their employment. Obama seems to have been aware that a hard-lined rule against lobbyists would have been counter-productive.
So I think that all the claims that Obama is a hypocrite are unfounded. I think that our president is simply trying to do what all people do–find out how to apply a rule in any given situation so that it is conducive to the common good. As Aquinas says, “Without doubt he transgresses the law who by adhering to the letter of the law strives to defeat the intention of the lawgiver.” However, I think it prudent that President Obama make as few concessions as possible, especially this early in his administration, in order to keep the hope in his constituents alive, and keep people believing that goodness and politics are not antithetical. Is it really necessary for the common good to select Raytheon lobbyist William Lynn for deputy defense secretary, or are their others, less questionable candidates just as suited to the job? I’m betting on the latter. Similarly with Tom Daschle. Obama pledged his “absolute” support for Daschle’s nomination, but I think the common good demands that Obama exercise epikeia here . . . And reverse his support for a far-too questionable candidate.