Posts tagged with: natural law

The most recent issue of the Journal of Markets & Morality, vol. 17, no. 1, has been published online at our website (here). This issue features an array of scholarship on the foundations and fabric of free and virtuous societies, ranging from David VanDrunen’s examination of the market economy and Christian ethics, offering an unique synthesis between pro- and anticapitalist perspectives, to David Urban’s examination of liberty and virtuous self-government in the works of the seventeenth-century English poet John Milton.

In addition to our regular slate of articles and book reviews, our Scholia special feature offers, for the first time ever in print, a selection from the English jurist Matthew Hale’s treatise on natural law. In his introduction, David Sytsma highlights Hale’s importance in the common law tradition:

The legal history of England and the United States of America is commonly recognized as following a unique path distinct from the rest of Europe. Whereas continental European nations followed the Roman civil law (Corpus iuris civilis) compiled by Justinian, England developed its own body of customary law known as common law. Among legal historians of English common law, Sir Matthew Hale (1609–1676) ranks as one of the most familiar names along with Sir Edward Coke and Sir William Blackstone. After an early career as a lawyer, during which time he served as counsel for the defense at the famous trials of Archbishop Laud in 1643 and Christopher Love in 1651, Hale was appointed Justice of the Common Pleas (1654–1658), and at the Restoration was appointed successively as Chief Baron of the Exchequer (1660–1671) and Chief Justice of the King’s Bench (1671–1676). In the judgment of one historian, he was not only “accounted by his contemporaries the most learned lawyer of the age” but was so well received over the course of centuries of scholarship that he is now known as “one of the greatest jurists of the modern common law.”

Given his importance, it is an honor to be able to offer this selection of his work now published for the first time.

Meanwhile, in the editorial for this Spring’s issue, I offer a primer for peer review in the face of a bit of often not-so-honorable etiquette in academia. The Journal of Markets & Morality has added new policies and practices in order to better serve our authors and reviewers and, where possible, minimize instances of misconduct. I write,

It is in light of this practice that the editors of the Journal of Markets & Morality conceived the idea for this peer-review primer. In the course of research, we have also reevaluated and reaffirmed our policy of double-blind peer review for reasons to be detailed herein. Additionally, certain structural issues enable and can even encourage the poor etiquette in question as well as other issues of quality that have come to our attention. In light of all this, we have added a few procedures with the hope of achieving higher quality reviews, streamlining the review process for everyone involved, and discharging our editorial responsibility with regard to maintaining a cordial and professional academic environment.

As is our standard practice, this issue’s editorial is open access (here).

Furthermore, with the publication of our Spring 2014 issue, our Spring 2013 issue (here), which was a theme issue on the subject of integral human development, is now open access.

Subscription information and prices for the Journal of Markets & Morality can be found here.

On the Law in General, Girolamo Zanchi“The goal of all good laws is first and foremost the glory of God, then the good of one’s neighbor, privately and, most important, publicly.” –Girolamo Zanchi 

The following excerpt comes from Thesis 3 (above) of Girolamo Zanchi’s newly translated On the Law in General. Though the work encompasses a range of topics, from natural law to human laws to divine laws, this particular thesis comes in his first foundational chapter on what the law actually is—its goals, classifications, and functions.

If the basis for law is, in fact, fairness—namely, that all people get what they deserve—then nothing is more fair than that God receives all honor and glory in the highest and that our neighbors receive what benefits their health and happiness of mind and body. Logically, then, it would follow that the goal of every good and just law is the glory of God and the good of human beings, first in public, then in private. The apostle Paul remarked about this primary goal, “Whatever you do,” (but we should do what the natural law and God himself have commanded) “do everything for the glory of God” [1 Cor. 10:31]. This exhortation depends on a universal premise that everything we should and can do must be done for the glory of God. In addition, Christ said about all good works, “Let your light shine before others, so that they may see your good works and give glory to your Father in Heaven” [Matt. 5:16]. (more…)

topicAleteia’s Mirko Testa recently interviewed Samuel Gregg about the state’s role in defending religious liberty, the appropriate response of the Church to the growing welfare state, cronyism, and the upcoming conference hosted by the Istituto Acton: ‘Faith, State, and the Economy: Perspectives from East and West.’

What’s John Paul II’s legacy on the connection between limited government, religious liberty, and economic liberty?

[Gregg:] When you live much of your life under Communism, it is bound to accentuate your appreciation of freedom. And religious freedom and economic freedom are essential to limiting the scope and size of the state. Because if the state can take away your religious liberty, it can do anything. Moreover, a government that over-regulates the economy – or even seeks to impose a command economy – effectively undermines people’s freedom in numerous ways. (more…)

naturallawA few weeks ago I asked why natural law arguments more persuasive. Natural law advocates intend for such argument to persuade both believers and non-believers, so how do they account for the relative ineffectualness of such arguments? Why don’t more people find them to be persuasive?

In response to my question (as well as questions and criticisms from others), Sherif Girgis proffered a defense and explanation:

Yes. Over the last few years, my coauthors and I have heard from many saying we had convinced them to join the marriage debate by showing them its value (and giving them the moral vocabulary and syntax to discuss it); from others who decided to retire this or that contrary argument; and from still others who switched to our side of the issue. These have included non-Catholics, non-Christians, agnostics, even a prominent former Marxist thinker. We have often remarked, channeling Chesterton, that the argument for marriage has not been tried and found wanting; it has been found (we’d say feared) difficult and left untried.

Then where are the mass conversions? We freely admit that moral philosophy can’t produce them. It doesn’t convert en masse, because evaluating its arguments takes sustained attention. It requires holding several pieces together; discerning subtle patterns; and generating and testing alternatives by turns, in an always-unfinished process. Philosophy is famously better at knocking down than building up; even the strongest of its affirmative conclusions do not overpower but invite, suggest, recommend. And by itself, philosophy tugs so softly at the imagination and senses that it can pull the head before the heart, leaving readers not so much moved as divided.

Girgis adds that while natural law arguments may not sway the masses, it may change the thinking of the influential elites:

(more…)

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…)

persuasion-postAs an evangelical who is extremely sympathetic to natural law theorizing, I’ve struggled with a question that I’ve never found anyone address: Why aren’t natural law arguments more persuasive?

We evangelicals are nothing if not pragmatic. If we were able to recognize the utility and effectiveness of such arguments, we’d likely to be much more open to natural law theory. But conclusions based on natural law don’t seem to be all that useful in compelling those who are unconvinced. Indeed, not only do they not seem to change the minds of non-believers, they often fail to sway believers. For instance, nominal Catholics, a group that should (at least theoretically) give them a fair hearing, don’t seem to take such arguments all that seriously. Why is that?

We evangelicals, of course, have our own explanation for such arguments are inefficacious. As Al Mohler said after an interview with Robert George:

(more…)

In the most recent issue of the Journal of Markets & Morality (16.1), I review The Mystical as Political by Aristotle Papanikolaou. I write,

In The Mystical as Political, Aristotle Papanikolaou seeks to construct a political theology rooted in the Orthodox Christian conviction that all of creation, and humanity in particular, was created for communion with God. He begins by offering a helpful survey of political theory in the Orthodox tradition, focusing especially on Eusebius of Caesarea, Saint John Chrysostom, the Emperor Justinian, Vladimir Soloviev, and Sergius Bulgakov, inter alia (chapter 1). In the following chapters, he addresses the relationship between church and state (chapter 2); personhood and human rights (chapter 3); divine-human communion and the common good (chapter 4); and honesty, forgiveness, and free speech (chapter 5). In the process, and refreshingly for an Orthodox writer, he also engages Western theologians and philosophers — including William Cavanaugh, Jacques Maritain, Stanley Hauerwas, and Nicholas Wolterstorff, to highlight only some of the more prominently featured — acknowledging their genuine insights while, nevertheless, criticizing what he sees to be various shortcomings. The Mystical as Political represents a careful and irenic, though not uncritical, Orthodox Christian approach to political theology, ultimately offering a positive appraisal of liberal democracy and human rights. Although essential reading on the subject with much to commend it, it has several shortcomings of its own.

In particular, I hone in on “an overemphasis on the particular over against the general, the dynamic and the uniqueness of persons over against the static and the common nature of humanity.” As this is a continuing interest of mine and a subject I have explored in the past here on the PowerBlog, as well as elsewhere, my review is offered as open access to anyone who may be interested in the subject here.

I previously explored the subject of Orthodoxy and natural law here.

And Fr. Michael Butler lectured on the subject of “Orthodoxy and Natural Law” and “Orthodoxy, Church, and State” at Acton University this summer, my summaries of which can be found here and here.

St. Ignatius of Antioch was martyred at the jaws of wild beasts in the Roman colosseum sometime around 110 AD.

In her historical study of wealth and poverty in the early Church, Loving the Poor, Saving the Rich, Helen Rhee offers the following interesting historical tidbit with regards to how early Christians were able to minister to their imprisoned brothers and sisters who awaited martyrdom:

Bribing the prison guards, which must have cost a certain amount, features frequently enough in the Christian texts. The impressive visiting privileges and hospitality Ignatius [d. 110] enjoyed at Philadelphia and Smyrna with the local Christians and the delegations from three other churches were likely gained by bribery as well…. It apparently did not raise any moral qualms among Christians; rather, it constituted a necessary part of supporting the prisoners since it enabled the churches to maintain contact with them (and thus to tend to their needs) and allowed the guards to be more favorably disposed to the Christians. Thus the Didascalia (19) … ordered the community members to spare no efforts to procure both nourishment for the condemned Christian prisoner and bribes for the guards so that everything possible might be done for his or her relief.

For those who are curious, the text from the Didascalia, a third century Christian community manual, reads as follows:

You shall not turn away your eyes from a Christian who for the name of God and for His faith and love is condemned to the games, or to the beasts, or to the mines; but of your labour and of the sweat of your face do you send to him for nourishment, and for a payment to the soldiers that guard him, that he may have relief and that care may be taken of him, so that your blessed brother be not utterly afflicted. [italics mine]

While Rhee notes that bribery “apparently did not raise any moral qualms among Christians” in the early Church, no doubt readers today may not so easily approve of the above direction to make provision for bribing guards. How might we better understand this anomaly? What measure of prudence guided this practice? (more…)

In an ambitious essay at Intercollegiate Review, James Kalb attempts to dissect the driving political forces in Western culture today. He says that while we live in a world that touts diversity, the reality is extraordinary uniformity and a distinct christ-of-the-abyssdistaste for anything outside the new norm. We have narrowed our political choices, our educational choices, our recreational and consumer choices. We say we want religious freedom, but only in a very narrow manner.

Our current public order claims to separate politics from religion, but that understates its ambition. It aspires to free public life—and eventually, since man is social, human life in general—not only from religion but also from nature and history. The intended result is an increase in freedom as man becomes his own creator. The effect, though, is that human life becomes what those in power say it is. Western political authorities now claim the right to remake the most basic arrangements. If you want to know the nature of man and the significance of life and death, you look to the political order and its authorized interpreters. That is the meaning of the redefinition of marriage to include same-sex unions and the transformation of abortion into a human right. Man has, in effect, become God, and politics is the authoritative expression of his mind, spirit, and will.

(more…)

Last night I attended an engaging lecture at Calvin College by Dr. William Abraham of the Southern Methodist University Perkins School of Theology. Abraham, whose religious background is Irish Methodist and who is now a minister in the United Methodist Church and the Albert Cook Outler Professor of Wesley Studies at Perkins, gave a presentation titled, “The Treasures and Trials of Eastern Orthodoxy.” As someone who was once an outsider to the Orthodox Church and is now an insider (as much as a former outsider can be, I suppose), I can say that Dr. Abraham’s lecture highlighted many things that I see in the Orthodox Church myself as well as bringing others into focus, in particular five treasures the Orthodox bring and four trials that they face in our current, global context. (more…)