Archive for the ‘natural law’ Category

The Pope’s Very Political Encyclical

Pope Benedict promulgated his third encyclical last week entitled “Caritas in Veritate” (Charity in Truth). It’s a lengthy encyclical but if you choose, you can read the full text here. Or you can just peruse this or this very useful summary.

The encyclical fits into the genre of “Catholic Social Teaching,” and in it, Benedict reemphasizes some prominent themes from that tradition: the protection of life, the protection of workers, the importance of the economy serving human beings and not the other way around, and the principle of subsidiarity for the organization of society.

There are lots of blog posts examining the encyclical, which I am not going to do here. My interest concerns rather a point made by Ross Douthat in the NYTimes op-ed column entitled “The Audacity of the Pope.” He writes:

Inevitably, liberal Catholics spent the past week touting its relevance to the Democratic Party’s policy positions. (A representative blast e-mail: “Pope’s Encyclical on Global Economy Supports the Principles of the Employee Free Choice Act.”) Just as inevitably, conservative Catholics hastened to explain that the encyclical “is not a political document” — to quote a statement co-authored by the House minority leader, John Boehner — and shouldn’t be read as “an endorsement of any political or economic agenda.”

Then, after acknowledging that the pope is neither a Republican or a Democrat, Douthat writes that “Benedict’s encyclical is nothing if not political. Caritas in Veritate promotes a vision of economic solidarity rooted in moral conservatism. It links the dignity of labor to the sanctity of marriage. It praises the redistribution of wealth while emphasizing the importance of decentralized governance. It connects the despoiling of the environment to the mass destruction of human embryos.”

What bothers me about the rest of the column is that Douthat tries to make the encyclical somehow “fit into” American conceptions of politics, recognizing that putting the pope’s recommendations into practice is challenging for Democrats and Republicans alike. “For liberals and conservatives alike, ‘Caritas in Veritate’ is an invitation to think anew about their alliances and litmus tests.”

Douthat is right that people want to take the encyclical as political when they agree with it, but when they don’t, the pope is just weighing in with his opinion. For the vast majority of people looking at the political implications of the encyclical, politics is a matter of debate, division, and voting. Politics is like a debate competition with winners and losers. Basically, politics is about what you do; morality is about what you believe. The pope can believe whatever he wants, but this has nothing to do with politics. Morality is a private issue; politics is public.

I think this understanding of politics stems from the idea that somehow morality is something separate from politics. I’m reminded of Al Gore’s speech at the Academy Awards where he said that climate change was “not a political issue, it’s a moral issue.” Gore’s comment makes it seem like politics is about power, or about making people do something. Morality on the other hand is about right and wrong.

Aristotle and Aquinas give us a very different understanding of politics. Politics is not about coercion and power, or even primarily about making laws and enforcing them. Politics for Aristotle and Aquinas is simply a branch of ethics. For Aristotle, “politics” is simply part two of his ethics. And Aquinas never even wrote a treatise on politics, though he did write about politics in his ethics found in the Secunda Pars of the Summa Theologica. In honor of Benedict’s very political encyclical, now is a good time to review what Aristotle and Aquinas take “political” to mean.

For Aristotle and Aquinas, human beings are political creatures, naturally inclined to live in society. Political society (civitas) emerges from the needs human nature and is in itself a purely natural and desirable. This is a stark contrast with a thinker like Thomas Hobbes who thought that political society was an artificial imposition established to curb the violence of human nature. For Hobbes, if human beings were virtuous, they would not need a political society; for Aquinas, political society is necessary for the full perfection of human existence. The political society is the social setting in which human beings find their fulfillment and flourishing.

The primary task of the political society, therefore, is to create good and virtuous citizens. Drawing on Aristotle, Aquinas says that a political society comes into being as a necessary component of human life, but it exists for the sake of living well (Commentary on the Politics, Book 1, Lesson 1).

So we see that ethics and politics has a similar end or purpose–the formation of good people. And in both ethics and politics, this process is a gradual process of development and progress over time. While political society might be completely natural, a good political society is not. In the same way that human beings must acquire moral virtue through education and habituation, even though they are naturally inclined to moral virtue in Aquinas’ system, so too must a political society be developed and fostered.

One of the ways this happens is through the natural law. The natural law, most basically, is the rational creature’s participation in the eternal law. The eternal law is the Divine Governance that is behind creation. For most of creation, the eternal law is pretty determinative. It is by God’s eternal law that the seasons change, the planets move, fire rises upward, and stones fall downward. It is by the eternal law that plants grow, and lions chase gazelles, and whales swim instead of fly. But rational creatures (i.e. humans), as Aquinas writes, are “subject to Divine Providence in the most excellent way, in so far as it partakes of a share of providence, by being provident both for itself, and for others” (ST I-II, Q. 91, art. 2).

Human beings are not determined to specific actions like other parts of creation. Humans do have natural inclinations that come from the eternal law, but human beings have freedom and choice regarding how those inclinations will be directed. Thus, the natural law is about directing natural human inclinations towards the ultimate human good, which is flourishing. These natural inclinations include those inclinations that we share with all created things, namely, to keep ourselves in existence. They also include the inclinations that we share with other animals, namely to reproduce and educate offspring. And those natural inclinations include those distinctively human inclinations to form societies and seek out knowledge of God.

So the formation and regulation of society is a subject of study both for ethics and for politics. Laws are the natural outgrowth of the rational creature discerning how to live in order to flourish. Laws are not primarily about coercion (although they can and do have coercive effects). Laws are the product and outgrowth of the natural law. They are the embodiment of a community’s morality.

Politics, therefore, like ethics, is about discerning right from wrong in order to best live a good and flourishing life. So the pope’s encyclical, in so far as it is about morals, is political. But that does not mean that is primarily concerned with legislation. Determining how such moral values offered in the encyclical are to be enacted in legislation will vary from community to community. Aquinas explains how the process of creating laws is like craftsman who uses the “general form of a house” to build a particular house. Laws, in the same ways, are built on moral values (derived from natural law) but their specific form will vary depending on the needs of a given community.

Thus, different societies will have different ways of enforcing the precepts of natural law like prohibitions against murder or theft or laws regulating the best way to raise a family, protect the environment, or educate citizens. And different societies are going to have different ways of enacting the moral values espoused in Caritas et Veritate. The pope’s encyclical talks about the foundations for this process–the sort of moral values that all people of good will should espouse and all societies should take seriously in working to promote the common good. This is very much a political endeavor, or as the pope writes in his encyclical, it is the fruit of the “political path of charity.” (7)

No matter what you might think of the pope’s ideas, you cannot write off the encyclical as moral, but not political. But it isn’t political because the pope is taking sides or affirming the platform of any given party, or playing a political game. It is not political because the pope is coercing individuals or nations to act in any given way. It is political because the pope is talking about ethics, about the moral values that we act on that either contribute to or detract from the good life. It is political because the pope is inquiring after what human beings need in our changing world to flourish. As we debate the merits of the encyclical, let us not debate about whether it is political or not, and let us definitely not assume that simply because the pope wrote something political, he is out of line. Rather, let us allow the political process the pope started to continue as we examine the encyclical and reflect on what our society needs for its people to live good lives.

Neighbor Love, Natural Law, and Universal Moral Norms

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.”