At Ethika Politika today, I examine the recent critique by David Bentley Hart in the most recent issue of First Things of the use of natural law in public discourse in my article, “Natural Law, Public Policy, and the Uncanny Voice of Conscience.” Ultimately, I offer a measured critique—somewhat agreeing with, but mostly critical of Hart’s position—pointing out Hart’s oversight of the vital role of conscience in classic natural law theory.
What I find so bizarre, and have for some time now, is the relative ambivalence, at best, of many contemporary Orthodox writers when it comes to natural law. Hart, for example, hints that he might approve of natural law reasoning so long as all parties involved hold to a metaphysic that acknowledges “a harmony between cosmic and moral order, sustained by the divine goodness in which both participate.” However, even then he is not clear. Indeed, he begins his article by writing,
There is a long, rich, varied, and subtle tradition of natural law theory, almost none of which I find especially convincing, but most of which I acknowledge to be—according to the presuppositions of the intellectual world in which it was gestated—perfectly coherent. (emphasis mine)
Hart is not alone among Orthodox writers in this regard. With the notable exceptions of Stanley Harakas, Tristram Engelhardt, and Patriarch Kirill of Moscow (if there are others I apologize for my ignorance), contemporary Orthodox writers scarcely have employed natural law in their social ethics, if they even endorse it at all. Often it gets thrown under the bus in ill-advised false dichotomizing between all that is Eastern and therefore wonderful and all that is Western and therefore overly rationalistic. (more…)