Posts tagged with: John Locke

justice is blindIn a rather snarky piece in The Atlantic, author Anthony Murray questions whether or not a Supreme Court justice who believes in “natural law” (quotations marks are Murray’s) can make sound rulings. Murray is especially worried about cases involving the HHS mandate such as Conestoga Wood Specialties Corp. v. Secretary, etc. and Hobby Lobby Stores, Inc., et al. v. Sibelius.

Murray misunderstand natural law. He believes it to be religious, and frantically scrambles through the words of Thomas Jefferson in order to prove his point. Rather, he says, the framers of the Constitution rely on “positive law:”

If natural law were regarded as simply a religious creed, it would not conflict with the positive laws embedded in our Constitution and laws. The threat lies in the use of natural law by courts in judicial decisions. Invoking it in construing the Constitution and statutes raises an obvious question: If natural law exists, what is in it? Is it a blank slate on which anyone may write subjective beliefs? Does it include religious dogmas? If so, of what religions? (more…)

locke3Joe Hargrave argues that John Locke and Pope Leo XIII have more in common than you might imagine:

It isn’t often that John Locke is mentioned in discussions of Catholic social teaching, unless it is to set him up as an example of all that the Church supposedly rejects. After all, Locke is considered one of the founders of a liberal and individualist political tradition that was rejected by the papacy in the 19th and 20th centuries. However, a closer examination of both Locke’s Two Treatises of Civil Government (FT & ST) and the papal encyclical that set modern Catholic social teaching in motion, Pope Leo XIII’s Rerum Novarum (RN), reveals that Locke was not a pure “individualist” as many have assumed, nor was Rerum Novarum a categorical rejection of all things “individual.” Rather, both Locke and Leo XIII craft their basic political arguments — especially with respect to the right to private property — based on the same assumptions about natural law, natural right, and Christian obligation.

Though it is evident from the texts themselves, the agreement between Locke and Leo is also a historical fact.

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Blog author: jcarter
posted by on Monday, October 29, 2012

In the Western world there are conservative liberals, liberal liberals, and radical liberals, says David T. Koyzis, but all adhere to the basic principles of liberalism:

The liberalism of Thomas Hobbes and John Locke. Of Thomas Jefferson and John Stuart Mill. After all, the Declaration of Independence is a liberal document, unquestioningly accepting that popular consent stands at the origin of political authority. As Alasdair MacIntyre has put it, in the Western world there are conservative liberals, liberal liberals, and radical liberals, but all adhere to the basic principles of liberalism.

So what accounts for the differences between Democrats and Republicans, between Barack Obama and Mitt Romney? What separates them is that each represents a different stage in the larger development of liberalism. Those who do not like what liberalism has become in recent decades have not repudiated it as such but have tried instead to hold onto it and return it to an earlier form—one thought to be purer and closer to its original meaning. I believe liberalism can be traced through five stages of development.

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David Brooks recently took on the conservative movement for relying too heavily on pro-market arguments and tired formulas rather than emphasizing its historic features of custom, social harmony, and moral preservation.

As I’ve already noted in response to the Brooks piece, I agree that conservatism needs a renewed intellectual foundation brought about by a return to these emphases, yet I disagree that a lopsided devotion to “economic freedom” is what’s stalling us. If we hope to restore traditionalist conservatism, we’d do well to recognize that this means restoring economic conservatism along with it. Brooks is upset that dogmatic pro-market folks have seized the Republican Party, yet this is the same Republican Party that nominated the architect of Romneycare and can’t seem to get serious about the deficit.

Conservatism is faltering all around, and the reasons for each “sect’s” demise are more or less interrelated. As I’ve written elsewhere, we need to restore a holistic conservative imagination that ties its social and economic strains together by grounding them both in Russell Kirk’s “enduring moral order.”

For David Brooks, restoration is all about “balance,” but for the true conservative, it needs to be about integration.
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Blog author: jcarter
posted by on Monday, March 26, 2012

Michael Gerson on what the Obama administration’s view of religious liberty shares with John Locke:

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Blog author: jballor
posted by on Thursday, September 22, 2011

Greg Forster’s latest response to Sam Gregg, Acton’s director of research, on the utility of John Locke’s thought today is up over at Public Discourse. There’s a lot to learn from reading these exchanges, but right now I want to focus just briefly on one of the criticisms that Sam levels against Locke. Comparing Locke’s definition of Law to that of Aquinas, Sam finds Locke to be quite wanting. For Locke, “Law’s formal definition is the declaration of a superior will.”

“How different this is from Aquinas’s understanding of law,” writes Sam, “as ‘an ordinance of reason for the common good, promulgated by him who has the care of the community.’”

In one sense Sam is quite right. These are quite different formal definitions of law, the former presumably more voluntaristic (defined in relation to the will, the volitional faculty) the latter intellectualistic (defined in relation to the intellect, the rational faculty). For Sam this is in microcosm the problem with Locke, as he embodies the voluntaristic and therefore nominalistic proclivities of Protestantism, abandoning the eminently reasonable teachings of the Angelic Doctor.

My point here is not to defend Locke. Greg goes on to do that ably enough and in great detail. But I do want to reiterate the point that even apparently quite different definitions of law can be reconciled depending on how the relationship between the will and the intellect is defined. Thomas certainly has his own view, but so did lots of other medievals, and the Reformers picked up on the diversity of medieval opinion.

And it simply isn’t the case that the big bad “nominalists” like Ockham, d’Ailly, or Biel, were in principle opposed to defining natural law in terms of right reason. They just had a different way of relating the question of the divine intellect and the divine will. Maybe they were wrong. But at least on the question of voluntarism/intellectualism (the former of which need not lead to nominalism: see John Duns Scotus), there is ample Augustinian precedent for not seeing a “rationalistic” and a “volitional” definition of law as necessarily incongruent.

Thus Lombard, following Augustine, writes, “God’s will is reasonable and most equitable” (Sentences, bk. 1, d. 42, cap. 1).

And as a concluding aside, for an example of a Protestant scholastic who directly appropriated Aquinas’ definition of Law, see the recently translated scholia of Franciscus Junius in the Journal of Markets & Morality, “Selection from On the Observation of the Mosaic Polity.” His first thesis? “The Law is the ordering of reason to the common good, established by the one who has care of the community.”

Acton’s Director of Research Dr. Samuel Gregg has two new pieces today, in Public Discourse and The American Spectator.

The first is a response to Greg Forster’s “Taking Locke Seriously” on June 27 in First Things. In that article, Forster took issue with Gregg’s June 22 Public Discourse piece, “Social Contracts, Human Flourishing, and the Economy.” Gregg argues, in a July 29 response to Forster titled “John Locke and the Inadequacies of Social Contract Theory,” that Locke’s political thought is based in a false understanding of human nature, which any student must keep in mind. Locke’s unrealistic social compact theory, based as it is in a State of Nature myth, reveals his ignorance of man’s innate political drive, and thus his whole nature. Says Gregg,

Locke … has an inadequate grasp of the workings of intentionality, practical reason, and the will, and therefore of human freedom and human flourishing.

These insufficiencies might owe something to Locke’s metaphysics of the person, which essentially locates human identity in consciousness. As for Locke’s conception of the will, Locke specifies that “the will in truth signifies nothing but a power, or ability, to prefer or choose.” Taken together with his tendency to treat freedom as absence of constraint, these constitute a potent combination of dualism, voluntarism, and perhaps even nominalism.

Gregg’s other target is across the globe, but China’s leadership share the same nominalist confusion about human nature. What precisely they may think about human nature is not a matter of public record, but it’s a good bet they don’t agree with the Acton Institute. The Chinese government is having trouble controlling the economic freedom it has granted to citizens: it turns out morality and economics are connected, and now Chinese in free enterprise zones are turning to the Church for metaphysical answers Maoism can’t provide. That grounding is essential to a polity:

Back in 2006, the then-head of China’s religious affairs ministry, Ye Xiaowen, begrudgingly acknowledged the various Christian churches’ contributions to helping Chinese society cope with the effects of increasing wealth.

Beijing’s predicament, however, is that the same Christianity which provides people with a moral compass in rapidly changing societies also insists the state is not God and may not exercise religious authority over the Church. This position is especially pronounced in Catholicism. It receives doctrinal and canonical affirmation in Catholicism’s insistence upon the need for all Catholic bishops to be in full communion with St. Peter’s successors as Bishop of Rome. Among other things, this means Rome’s approval must be granted before ordination as a Catholic bishop is considered licit.

China is a living example of what starts to happen when the metaphysic of a people is deeply and swiftly uprooted. The political theory of John Locke threatens to encourage that same uprooting if it is not tempered with Christianity. Let us rejoice that even in China, the state does not seem to be able to quash man’s religious impulse.

In a new article on Public Discourse, Samuel Gregg explores social contract theory and how that may apply to the current budget battles:

In very broad terms, social contract theory is a way of understanding the relationship between governments and the people. It holds that, having agreed upon the need for a government, individuals create a state on the basis of mutual promises. This permits the state to claim that its authority is based on a delegation of people’s rights to pursue their particular interests in their own way.

Our present economic disputes are, at a deeper level, about the precise content of those mutual promises. One influential interpretation may be found in John Rawls’ Theory of Justice.

On the basis of what reasonable people in an imaginary “original position” and blinded by a “veil of ignorance” about their future abilities, social status, etc., would want, Rawls argued that each person had “an equal right to the most extensive total system of equal basic liberties with a similar system of liberty for all.”

As part of this calculation, Rawls maintained that no one in the original position would risk being abandoned at the bottom of the social heap. Rawlsian social contract theory has thus, economically speaking, usually been interpreted as translating into extensive entitlement programs and large welfare states.

At the other end of the social contract spectrum is an older concept. This was given prominent expression in John Locke’s Second Treatise of Government.

In Locke’s view, what he called “the Law of Nature” meant that individuals were morally bound not to damage other people’s lives or property. The only way to ensure that this was given effect was through a government that defended everyone against anyone else’s attempts to damage their lives or property. The citizens thus agreed to set up a state that would protect the life, liberty, and property of everyone living under its sovereignty.

In economic terms, this position broadly equates to a state that focuses upon protection of property rights and adjudication of contractual disputes. Issues of distribution according to criteria such as need are deemed beyond the state’s competence.

The significance of these understandings of the social contract is difficult to overstate. The Lockean conception profoundly shaped the Declaration of Independence and much of today’s movement for limited government. By contrast, the Rawlsian interpretation represents the most contemporary philosophical underpinnings of modern American progressivism.

Not only does Gregg explain the problems with different ideas of social contracts, but he articulates what is needed for people to flourish in a society. Gregg states that many times it is the principle of subsidiarity that allows people to be successful:

Subsidiarity’s genius is the manner in which it uses this attention to free choice, human flourishing, and the need for support to provide guidance concerning how we apply subsidiarity’s two axioms of non-interference and assistance. It helps us determine (1) what economic roles can only be performed by the state (such as the provision of courts to adjudicate contractual disputes); (2) when the state should allow other communities to provide assistance (private banks should normally be the first place of call for loans); (3) when the state should intervene outside its normal economic responsibilities (when those communities that would normally assist are clearly unable to do so); and (4) when such interventions should cease (when they start impeding human flourishing or when the communities that normally provide assistance are now able to do so).

Click here to read the full article.