The Morals of a Republic

Make no mistake: the national crisis upon which the policy of our President has forced our people is (at least) every bit as grave and momentous as the most hysterical criers of the chattering classes have suggested. The HHS regulation requiring non-profit employers to provide, at no cost to the insured employee, the "full range" of "reproductive health options", and classifying Catholic schools, hospitals, hospices, charities, etc., as non-profit employers, sic et simpliciter, directly and immediately and basically threatens our liberty - the liberty of all Americans.

The question whether we are really able to be free together is not a new one in America:

 [I]t seems to have been reserved to the people of this country, by their conduct and example, to decide the important question, whether societies of men are really capable or not of establishing good government from reflection and choice, or whether they are forever destined to depend for their political constitutions on accident and force. If there be any truth in the remark, the crisis at which we are arrived may with propriety be regarded as the era in which that decision is to be made; and a wrong election of the part we shall act may, in this view, deserve to be considered as the general misfortune of mankind. (Federalist #1)

The terms in which the question is couched and debated have changed, though they are still recognizable in the original formulation: 

As there is a degree of depravity in mankind which requires a certain degree of circumspection and distrust, so there are other qualities in human nature which justify a certain portion of esteem and confidence. Republican government presupposes the existence of these qualities in a higher degree than any other form. Were the pictures which have been drawn by the political jealousy of some among us faithful likenesses of the human character, the inference would be, that there is not sufficient virtue among men for self-government; and that nothing less than the chains of despotism can restrain them from destroying and devouring one another. (Federalist #55)

It is necessary, now as yesterday, that all citizens, and in this hour, Catholic citizens especially, should behave in a way that proves we are capable of the liberty which we claim as a right.

Nota bene: the present threat to our liberty does not consist in a ham-fisted attempt to bend a religious organization to the government's will. The real danger appears when we consider the surreptitious presupposition upon which the rationale behind the policy rests, i.e. that the line between sacred and secular is absolute and impermeable, and thus, that religious groups and institutions are incapable of contributing to the common good - that when they do, they cease to exercise themselves in a way that the civil authority is bound to recognize as rooted in and internal to those institutions' essential character and ethos, and therefore subject to an especial or particular right, privilege or immunity.

The danger, in other words, is that the rationale behind the policy is based on a presupposition that, if correct, must lead us to conclude that clothing the naked, feeding the hungry, welcoming the stranger, visiting the prisoner, teaching the ignorant, healing the sick, caring for the dying, and burying the dead, are not and cannot be  considered properly religious activities at all - and so, because they serve the common good (the which power to define and determine the civil authority has, in the same stroke, arrogated to itself, sole and entire).

We may take some comfort in noting that the Justices of the Supreme Court of the United States recently were unanimous in rejecting roughly this view of the matter as "remarkable" and "untenable" (Cf. Hosannah-Tabor v. EEOC - slip opinion @14).

Nevertheless, we must be vigilant. We must recognize, moreover, that the perennially present enemies of the Church militant have begun, once again and now all but explicitly, to attack both Church and our political liberty simultaneously, by first insinuating, then suggesting, and now all but openly asserting, in essence, that the Christian religion is not capable of sustaining the morals of a republic.

St. Augustine of Hippo gave the first systematic response to the assertion that Christian religion is not suitable to the morals of a republic, arguing instead that Pagan religion cannot (nor could it ever) sustain the morals of the Roman republic (by which he meant also the vast empire accrued to the city through the centuries), and that Christianity could do so for Rome or any republic worth sustaining, insofar as it is verus cultus veri Dei, the true worship of the true God.

Whatever one may think of his arguments in the concrete (all twenty-two books-full of them), Augustine seems to have convinced enough people of the contrary, to make the next thousand years (at least) of history in the West an effort to order society according to his vision. Perhaps more often than not, this effort took the concrete form of adapting the vision to social circumstances without warping either the vision or the concrete society into something unrecognizable. Augustine, in other words, gave us something between an artist's impression of and a blueprint for what came to be called Western Civilization, the principal unit of which was the res publica christiana - an intellectual, cultic and spiritual union of the Christian principalities in the world.

The Peace of Westphalia is generally given as the death knell of the res publica christiana as a coherent civilizational idea, though it is important to note that it is in no wise necessary to receive this wisdom absolutely and without qualification. Indeed, wherever cultural notions of catholicity, i.e. ideas of universal validity and transcendently grounded and ordered authority, continued to exist, the anthropological elements of the res publica christiana survived and even thrived, even as the institutional political trappings of it withered. Eric Voegelin has written:

The corrosion of Western civilization…is a slow process extending over a thousand years. The several Western political societies, now, have a different relation to this slow process according to the time at which their national revolutions occurred… The American Revolution [emphasis mine - LD], though its debate was already strongly affected by the psychology of enlightenment, also had the good fortune of coming to its close within the institutional and Christian climate of the ancien régime. Western society as a whole…is a deeply stratified civilization in which the American and English democracies represent the oldest, most firmly consolidated stratum of civilizational tradition. - The New Science of Politics: an introduction

In the United States of America, we are perpetually at risk of losing sight of the older anthropological vision out of which our particular political institutions grew and for which they were peculiarly built to suit. We tend in this day to think that we derive our freedom from our institutions, and we forget that those institutions were given for a certain kind of men - men such as those we just heard Publius describe. The passages from the Federalist serve to show that there was - built into our very foundation, as it were - a general discussion of “the human character” underway in America. 

In other words, while the Founding Fathers had not miraculously arrived at the gangway of St. Peter’s Barque, the very writing of the Federalist  papers (i.e. that those arguments - their general thrust - in favor of the proposed Constitution were plausible) shows that the experience of life in America from the time of the first colonization to the time of the ratification debate, had effected what John Adams called, “A change in the religious sentiments of the people,” from a doctrinaire Calvinist one of total depravity to one that, though certainly not Catholic in the confessional sense, was (at least) not prima facie inimical to the Catholic understanding of human nature.

This change in sentiment was "religious" in the old, etymological sense of the word. It was, that is to say, a change in the consciousness of concord regarding the principles of society, that is, a change in the understanding of the experiences that bound Americans together in society. We are once again joined at a point in which we shall have to recover the principles that have bound us together for two centuries and more, or leave them as lost forever.

Though this challenge falls to us all together, it is one that Catholic citizens have an especial duty to embrace - and I believe we Catholic laity are capable of meeting the challenge. I welcome the marvelous new spirit of militancy that has taken our bishops of late. Nevertheless, our own ability to reason has not become so truncated, nor our quintessentially Catholic confidence in reason so attenuated, that we require pronouncements from purpled highness in order to know how to act in the public square. We need only to think, and speak: it has fallen to us to discover whether there is still an America to speak of.

LD

Christmas spirit for the whole year

I had an unfinished little Christmas meditation left in my draft page. Christmas is passed, and just started the new year. So, the best I can do is to wish that something of the Christmas spirit is going to endure in the new year, and to ask, to resume that meditation, what that spirit is.

No much good to say about the past year. The financial crisis keeps on plaguing us, and an incompetent man sits in the White House, incapable of promoting in people that hope on which he based the campaign that led to his election (rarely the promises of the electoral campaign have been more belied by the reality of the person and of his administration: he presented himself as post partisan, and acted in a way that more partisan could hardly be; he presented himself as post racial, and with him racial tensions came back to the fore in America). Not many reasons of hope seem to be looming at the horizon. In this moment of lack of American leadership, exploded the so called “Arab spring”: the revolt against autocrats that appeared as a promise for democracy in Arab countries, but out of which are emerging to power the only organized groups, like the Muslim Brotherhood, which only promise an increase of the tension between the Islamic world and the rest of us. Not to speak of Iran.

I won’t keep on going listing the evils that threaten our world, East and West so called. As far as the Western side of the world I’d number in the first place the failure of confidence: word that includes the root fid of fides, faith and trust together.

At the end of the Christmas and New Year holidays there is for the Catholic tradition the Epiphany: the manifestation of what happened at Christmas, when the Magi hail in a baby the “new born king”, which marks the turning into a new year.

Here you have the Christmas spirit: it’s a spirit of hope, the hope coming from a birth. In Italian it is called Natale, in Spanish, Natividad: a birthday, that we celebrate.

What is it then that we do celebrate when we remember somebody’s birthday, and may be throw a party for him or her? Pretty simple: the joy that he or she brought into our life.

A beautiful Hollywood movie of 1946 by Frank Capra, It’s a wonderful life, best illustrate this sense of the celebration represented by Christmas. Here is the story: on Christmas Eve a man meditates suicide, because of the bankrupt that threatens his life work, which makes him think that better were not to be born; the miraculous intervention of his guardian angel makes him see how things would have been if he really had not been born: that is, because of all the good that he did, much worse; he asks for his life back, and finds all the friends he made, knowing his difficulties, bringing in thanks more than he needed to be saved from bankrupt. The moral is that the good one does is the difference that makes his being born worthy, for others to celebrate.

The more the good done, the larger the circle of the people celebrating the birth. The good one does, however, doesn’t extent itself only in space, but also in time, and gives therefore to celebration its character of recurrence: the good brought of old to life by someone gives reason to celebrate, with his birth, birth itself as the coming to life.

Should someone find what I just said not clear enough as illustration of the meaning of the Christmas epiphany, he might think of what happens today, when the reasons for celebrating are, if not erased, at least hidden. Birth is surrounded by expectations and recollections of renewal of life which make of it a social, public affair. Stripped, instead, of the expectations and recollections of communal life, it doesn’t remain but a biological event. Uselessly we confer to the newborn inherent rights, these are not enough to make of him a public person: one is and remains private – word coming from the same root of “deprived”, lacking of something essential, that makes him appear to others as a promise of good, and, by seeing himself through others’ eyes, makes him feel his being born a worthy thing.

When the good reaches the whole community, we have the kind of person traditionally called king. But they are telling us that in our democratic society there are no longer kings, only experts, qualified as such by the mainstream culture passed over by universities and media, not to inspire us to the good, but to direct our lives in a way politically correct.

Hence despair and partisanship. Over against which it stands the Christmas spirit of celebration of birth.

HD

Finding as founding

Some days ago I started jotting down a few lines prompted by a statement the Pope made during his recent journey to Africa, saying that Christianity breaks all borders and so unifies all peoples. But I was taken by writing other things, and so those lines staid there unfinished.

I want to come back to it, remarking that there are two sides in what the Pope says on this regard, which seems irreconcilable among them: the one I just mentioned about Christianity breaking all borders, and the other he so strongly stressed in the Reichstag speech we reported, that Christianity never appealed to a God revealed law, but developed the idea of natural law of the Greek and Romans.

I hope the reader sees the problem in keeping these two statements together. If not, I’ll try to clarify it for him.

To breaks all borders means to make people capable of living under one law. Now, if it is Christianity that does this breaking, how can it be said that it doesn’t bring the one law under which to live?

Let’s take the case of the United States of America. I think I read somewhere –but I can’t be sure, because I don’t remember where – that the present POTUS said that America cannot be called a Christian nation. If we assume, for the sake of argument, that he said it, I’d like to ask him: If not, what is it then?

To which I could be retorted: if it is such, i.e. a Christian nation, how can it make so many peoples of different religion live in her peacefully?

The intelligent reader should see now that we have here the general question raised by the Pope’s statements set in a concrete case. And, being so concretely put, also the answer I’ll try to give will spring from the concreteness of my own personal experience.

I like to call it my experience of the “discovery of America”. A prominent American philosophy professor, nowhere less than at Harvard (actually a philosopher for real, but, being that such a qualification is given to dogs and pigs, I don’t want to insult him with it) gave some years ago two lectures by the general title of “This new yet unapproachable America”, one of which was: “Finding as founding”. How beautiful! America is something in whose founding anyone can share, if he just finds her.

And it is not enough for that to be born in the United States. I recall, by the way, that there were some questions raised about the present POTUS being born in the US. Originally it was a way to exclude him from the race, and now to disqualify him as president. But it doesn’t work. There are plenty of people who are undoubtedly born in the US, who don’t sound as Americans at all: one could say the great part of the MSM.

Why, what do they sound like then? Well, like today Europeans: people just born there, who don’t show signs of any discovery: as if there was nothing worthy of finding-founding.

As far as myself is concerned, there is no question, I was not born in the Sates, and I lived there just a few years. But that real philosopher whom I mentioned, by the name of Stanley Cavell, authorizes me to consider myself a founder, because I did find something.

When in my intellectual pursuit – of the true, the good and the beautiful – I came to study in the States, I made a discovery that turned studying into an experience of finding-founding. I realized that, except for the so called Indians, no one is native in America. Even the people who have been in the USA for generations, came in a traceable past from somewhere else. A discovery of hot water, one could say. But it is not so. To realize the obvious has a great import in the “search of the ordinary” – to say it again with Cavell –, which otherwise escapes our attention.

If everybody in the States is an immigrant, it means that America is the place where we can converge in our “pursuit of happiness”. Where happiness can be found, and then America founded, is suggested by Cavell by taking that beautiful expression of the Declaration of Independence (a stroke of genius of the otherwise ambiguous Jefferson) as title for a book of his on the Hollywood comedies of the first decades of talkies, all turning around the theme of marriage: love broken and refounded.

This means that coming to America makes a common story in which everyone can recognize himself. In a way no one is born in America, because, even if born in the US, still has to make that movement of convergence. Otherwise …: here, in the “otherwise” is another side of my discovery.

I realized that either people communicate in a story they share, or, when such a story is lacking, nothing else is left through which to communicate but, speaking of the US, green paper notes: better known as dollars.

Don’t take me wrong, I have no grudge against money. I only think that you cannot build just on it a political union, as it was tried in Europe, with what consequences we are now seeing. But, as I said, also the US is dangerously coming to resemble Europe, with a dropping therefore of the A.

To be short in a very complex matter: without money, you have just small communities, closed in borders defined by an exclusive cultural consensus. Just with money, you have large societies of a multicultural kind, made by individuals having among other options that of the religion to which consent, all equally included in a financial empire that knows no borders.

Perhaps the reader will see now the answer to the questions asked at the beginning.

The US, if it doesn’t want to drop the A, is a Christian nation, which doesn’t run counter anybody’s cultural and religious tradition, as long as he obeys to the natural law that everywhere requires that crossing of borders universalized in Christianity. Because, to say that Christianity breaks all borders means that it allows to cross them all; but borders there must be to be crossed. Out of which , there aren’t but outlaws or tyranny.

Anybody can come through this discovery in America: the finding that in ordinary experience founds everywhere human relations.

HP

A need of philosophy

I was waiting for the LD to chip in, but he lingers. So, here I am, to raise for the reader the question of why among the most meaningful speeches given by the Pope is giving, there are those of a more philosophical than theological tenor. How does this fit with his specific magisterium?

On the site www.chiesa.espressonline.it (also in English version), Sandro Magister has been recording a controversy going on among theologians and historians about the meaning of the Vatican II, with those of a more “traditionalist” bent denouncing its lack of continuity with the tradition, which for some makes it outright heretical, and those of a more “progressive” bent who extol that same lack of continuity, arguing that that is what the Council really meant.

Benedict’s position on this regard is well known, he made it clear little after his election: renewal in continuity.

This seems, however, to leave everybody, so to say, unhappy. “Progressives” look at him as a staunch conservative, “traditionalists” ask for a clarification, e.g., to submit the Council’s documents to scrutiny by a theological committee, which should judge their adherence to the orthodox doctrine. Of course I am expressing rather bluntly positions which are, in the contributions to the controversy recorded by Magister, quite more nuanced. But here I am not interested in nuances, to go rather to what appears to me the core of the question.

To state offhand my thought: the issue concerning the Vatican II documents is not theological but philosophical.

(And who are you, I could be asked, to pass such a sentence. Well, let me say in a humbly presumptuous’ way: a man trained in philosophy and theology, and before them in jurisprudence and social sciences.)

There is an analogy between the reading of the Council’s documents and the reading of law. So, let me start from this, because the issue of the nature of law was raised in the Reichstag speech.

Benedict mentioned there a German law professor, by the name of Hans Kelsen, who exerted an enormous influence. His conception of law echoes that of one of the most famous, and infamous, political philosophers, Thomas Hobbes: known as a defender of absolute monarchy, he actually theorized in the Seventeenth Century the absoluteness of the State, that today we give for granted. Already for him the law isn’t but the will of the Sovereign, one or assembly: in our terms, democratic or not, it makes no difference. Thus Kelsen in the Twentieth Century maintained that all process of law is lawgiving: down from the highest legislative bodies, like Congress, to the least of judges. It’ll be the latter to say which is the will of the law; and this means as a consequence that he can make the law say whatever he wills. This consequence follows from the fact that the law needs to be interpreted, and, missing any other criterion of interpretation except the will, the judge can make it will whatever he wants. It doesn’t save from the arbitrariness of judgment the possibility of appeal to a higher court, thus making the process of law giving to re-ascend the ladder all the way up to the Supreme Court. The question stays the same: on what criterion will the law be interpreted? You can’t say the Constitution, because this is again a law to be interpreted.

To say in other words, the judge will carry in his interpretation of the law his understanding of things: what we would call today his “philosophy”, meaning rather his opinion.

As I said, the same is the question with the Council’s documents. They lack indications on how they want to be read, in the way of continuity with the tradition, or break from it. I’d say that what they lack is philosophical breath, if I were sure that the reader of these lines understood that I meant, by it, a truly theological one.

The right ambition was to address non only Christians, but all people. But, unfortunately, this ambition was betrayed precisely in the “pastoral constitution” dedicated to “the Church in the contemporary world”, with the unhappy distinction of people in “believers and non believers”. It was meant to be the most philosophical of the Council’s constitutions, saying even to non believers what it means to be human, but it failed, because of that distinction (which I think I already criticized in a previous post), to clarify that all man are “believers”, the only question being to discern the truth that can rightly demand our believing. Because of this, not only the Council was unable to address “non believers”, but also left “believers” on their own when it came to the interpretation of the other “dogmatic constitutions” (e.g. on Revelation or on the Church): it left them free do bring to bear on it whatever presumed “philosophy”, i. e. opinion, they had a penchant for.

Given my (trained) sensibility, those other constitutions have a strange effect on me: like when I hear certain homilies in which the preacher fills his mouth with plain God speech. It makes me uneasy, because those Vatican II documents, like that preacher, don’t seem to take into account that in today’s culture at large speaking of God doesn’t find many point of contact. Christians share – alas – of that culture, and even they like any other men of our time need to be reintroduced to it. To find and show the missing points of contact is what I mean with giving real philosophical breath to theological talk.

Now, Benedict addresses that need with his philosophical speeches, thus exercising with them his papal magisterium.

HD