Advanced Studies in Freedom Wednesday Edition

Wednesday, July 12, 2006
BRYN MAWR, July 12, 2006 - Yesterday I outlined in brief a biblical case for the legitimate and even divine institution of civil government. Having established that the State is a valid social institution, the next step in what is broadly called social ethics is to outline the scope of the State’s authority and its relations to other social institutions.

A valuable place to start might be in defining what the role of the State ought to be, rather than simply cataloguing the specific tasks of the State one by one, starting with the punishment of the wrongdoer, and so on (in this sort of endeavor, I think Aquinas’ maxim regarding when to make law is invaluable). Gaudium et spes gives a valuable starting point for a discussion of the common good: “The sum of those conditions of social life which allow social groups and their individual members relatively thorough and ready access to their own fulfillment.” Leo XIII says that “Civil society exists for the common good.”

In some sense, too, the State exists for the common good, although its role is clearly defined and sharply delimited: to ensure some of the necessary preconditions for the realization of the common good.

Recall what Lord Acton writes of liberty, the highest political end, that it is necessary “for security in the pursuit of the highest objects of civil society, and of private life.” These highest objects of civil society could be summed up in the concept of the common good. Thus Acton writes that beyond the core and proper center of the scope of governmental authority, the State “can only give indirect help to fight the battle of life by promoting the influences which prevail against temptation--religion, education, and the distribution of wealth.”

In discussing the relationship between the Church and State, Dietrich Bonhoeffer describes the State’s responsibility with regard to the first table of the Decalogue in a similar way. He argues that the State effectively meets its responsibility in promoting and protecting the Church by carving out space for the existence of the Church, ensuring its ability to exist and vigorously thrive in freedom.

In our American context, I think we can understand the establishment clause of the First Amendment to effectively accomplish this: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” The Bill of Rights therefore protects and even promotes the right of the Church to exist

Simply put: the government exists to promote and protect liberty, a necessary but not sufficient condition for the attainment of human virtue and flourishing, also called the common good.
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Protestants and Natural Law, Part I

Tuesday, June 27, 2006
So, why don’t Protestants like Natural Law?

The short answer is: there isn’t a short answer.

So starting now, and continuing for who knows how long, I plan to tell the story of the Protestant struggle over natural law, from complete rejection by Karl Barth in the 1930s to the recent hint of renewed interest among Protestant intellectuals. My view is that natural law is a forgotten legacy of the Reformation — one that contemporary Protestants desperately need to rediscover. Along the way, I’ll respond to standard Protestant objections and discuss what limitations the Reformers perceived in natural law.

For much of Christian history, some type of natural-law theory has been used as a bridge to connect the Christian faith and culture, the church and the world. But in recent times, Protestant churches and theologians have rejected natural law as a way of showing their differences with the tradition of Roman Catholic moral theology.

The scope and unity of Roman Catholic social teaching is impressive, but without the recurrent appeal to natural law, it would lack a skeletal structure upon which to build its body of social teaching. Modern Protestant social ethics, by contrast, has no skeletal infrastructure of comparable strength. Unlike Roman Catholic moral theology, which is done in the context of the magisterial (or teaching) authority of the church, Protestant ethics has never had a “supreme court of appeals” to decide what’s licit and illicit. While the Bible is the principal authority in Protestant ethics, the matter of determining “authoritative” moral teaching is complex and subject to personal interpretation. To a fault, I might add.

In his opening address at the first Christian Social Congress in 1891, the Dutch Reformed theologian Abraham Kuyper emphasized the catholicity of natural law in relation to Pope Leo XIII’s new encyclical Rerum Novarum. “We must admit, to our shame,” said Kuyper, “that the Roman Catholics are far ahead of us in their study of the social problem. Indeed, very far ahead. The action of the Roman Catholics should spur us to show more dynamism. The encyclical Rerum novarum of Leo XIII states the principles which are common to all Christians, and which we share with our Roman Catholic compatriots.”

At the heart of Rerum novarum and the recent encyclical Deus caritas est, by Pope Benedict XVI, is an appeal to reason and human nature, but not in a way that denigrates faith or revealed truth. “From God’s standpoint,” insists the pope, “faith liberates reason from its blind spots and therefore helps it to be ever more fully itself. Faith enables reason to do its work more effectively and to see its proper object more clearly.” The Christian Church fulfills its responsibility to form consciences and to promote justice, when, as Benedict insists, social teaching is argued “on the basis of reason and natural law.”

We’ve barely begun, so check back soon for part 2.

This has been cross-posted to my blog on natural law, Common Notions.

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