The Huge Event of the Week, February, 20-25

Until Thursday morning, an ominously huge event had barely been reported, and its significance very little reported on in the American press, which was preoccupied with other matters. During the Muslim holy day last Friday, the golden dome of the Ali al-Hadi Mosque in Samarra gleamed in the sun, the pride of Shia Iraq – indeed, of the Shia world.

As of early this week, that dome is no more. It was blown up in a huge blast and is now represented only by strips of hanging metal and broken stone, amid the rubble of treasures centuries old. Splendid mosaics below the dome and on the Mosque walls have been savagely torn apart by the power of the string of bombs set off inside.

This Mosque is one of the holiest in Shia Islam, certainly so in Iraq, the shrine special to the 12th Imam, Al-Mahdi. According to Shia traditions, this Mahdi was taken up into a supernatural realm (much as Christians hold that Jesus was taken up into heaven at his Ascension), and will return one day to complete his work.

There are many Shia around the world, such as the infamously fickle and dangerous Al-Sadr of Baghdad, and President Ahmadinejad of Iran, who have been saying publicly that the Mahdi’s Second Coming will happen soon.

After this horrific blast in this most holy temple, there is turmoil in the Muslim world, extending as far away as Pakistan.

Reports of reprisals against Sunni Muslims and Sunni Mosques in Iraq are far too frequent, and at times too ghastly to contemplate with serenity.

The point of blowing up the Mosque in Samarra was clearly political. The sacrilegious blast was meant to destroy any chance of a new democratic government from forming in Iraq. It was meant to precipitate immense passionate reactions, and counter reactions—in short, civil war. A huge, bloody civil war. In Iraq.

Almost immediately—did you notice?—the government of Iran announced that this horrible blast was an act of foreign intelligence: Israeli and American. The speed of Iran’s governmental campaign to spread this message suggested that some in Iran had advance warning, perhaps only to the extent that this sort of dramatic terror was coming any day. The next day, people were burning American and Israeli flags in the streets.

Who knows? Events might necessitate the intervention of Shia Iran into Iraq – that is, even more overt intervention that is already under way every day.

I myself connect this deed to the hard work by politicized imams from Denmark and all through the Middle East since early last autumn to awaken violent outbursts, almost on cue, all around the Muslim world against four-month old cartoons published in an obscure paper in Denmark. I am absolutely no expert in these matters. But I cannot help noticing what my eyes see.

The original cartoons from Denmark were not judged by the organizers to be shocking enough, and so they manufactured another three truly vulgar and disgusting cartoons to add to the published dozen. The long-planned and vigorously stoked demonstrations that eventually followed, months later, were manifestly political, highly approved of, where not positively organized by such governments as those of Syria and Iran, backed by a surrounding chorus among their neighbors.

But what exactly is the political aim of the ruthless apostles of terrorism, cruelty, violence, and destruction? To be as sophisticated by every means of terror to capture the fascination of the mass media, to inflame hordes of unemployed youths throughout the Muslim world, to intimidate the vast decent majority of Muslims by fear for their own children and grandparents, and to cause the old and new “crusader” nations to lose heart. These political dreamers and schemers really do intend to topple western governments, cow entire populations, and establish a vast empire of power and terror reaching from Asia to the Atlantic—and across the Atlantic.

If you do not believe me, and I am no expert, just read their own documents. Listen to what their seemingly crazed leaders say on their own seemingly semi-crazed smuggled tapes. One of these times, don’t just shrug and say, “He’s nuts!” One of these times, stop and think: “He means it. He really means it.” And note what they are doing. And where, month by month, year by year. And how it all hangs together. There has been a record now, for some twenty years and more.

These cynical political operatives are working from a position of great weakness. But since so very few outside their little conspiracies take them seriously, or pay attention to their moves and the sequences of those moves, they have advanced to the point where they are willing to provoke open civil war by blasting off the dome of one of the most sacred shrines of Shia Islam—while at the same time feigning outrage that a poor but brave editor in Denmark would publish a dozen cartoons, which even the conspiring imams found insufficiently shocking to stir up all the hostility they desired.

And the murderous operatives carried out their latest deed, only after the earlier cartoon offensive had done its immense damage to Western morale and self-confidence.

Naturally, the West is feeling guilty about the cartoons, and chillingly intimidated by the “Muslim reaction”—more exactly, by the contrived, heavily stimulated, long-contained, and deliberately timed demonstrations of focused political outrage against them—while failing to pay serious attention to the truly huge event that started off this week with a great boom.

That event, I have a hunch, might well be followed by another shocker fairly soon.

For the stakes for Iran—its nuclear future—and for Syria—its safety from within—and for the future of Hamas in Palestine, could scarcely be higher than they are just now. The most organized radical forces are poised to act in great concert. The moment is crucial for their future prospects.

Published in First Things February 23, 2006

Religion and the State Constitutions

The first amendment prohibited the federal government from making any laws “respecting” the establishment of religion (either for it or against it). Its intent was not to derogate from religion, but to signal its intense importance to the American people. Over the next 175 years or so, as new states entered the Union, the people of all but one of the states (Oregon) took care to give their belief in God prominence of place in the preambles of their state constitutions. Many of the preambles seem almost like opening prayers set before the text of the constitution of a free republic. They “invoke,” “recall,” “acknowledge with gratitude,” and express “reverence.” The reason for this appears to be that most Americans believe that liberty is a gift of God, and therefore that their opportunity to erect a republic is also a gift of God. Here is how the state constitutions read: Alabama, 1901: “We, the people of the State of Alabama, in order to establish justice, insure tranquility, and secure the blessings of liberty to ourselves and our posterity, invoking the favor and guidance of Almighty God, do ordain and establish the following Constitution.”

Alaska, 1956: “We, the people of Alaska, grateful to God and to those who founded our nation and pioneered this great land, in order to secure and transmit to succeeding generations our heritage of political, civil, and religious liberty within the Union of States, do ordain and establish this constitution for the State of Alaska.”

Arizona, 1911: “We the people of the State of Arizona, grateful to Almighty God for our liberties, do ordain this Constitution.”

Arkansas, 1874: “We the people of the State of Arkansas, grateful to Almighty God for the privilege of choosing our own form of government; for our civil and religious liberty; and desiring to perpetuate its blessings; and secure the same to our selves and posterity; do ordain and establish this Constitution.”

California, 1879: “We, the People of the State of California, grateful to Almighty God for our freedom, in order to secure and perpetuate its blessings, do establish this Constitution.”

Colorado, 1876: “We, the people of Colorado, with profound reverence for the Supreme Ruler of the Universe, in order to form a more independent and perfect government; establish justice, insure tranquility; provide for the common defense; promote the general welfare and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for ‘the State of Colorado.’”

Connecticut, 1818: “The People of Connecticut, acknowledging with gratitude the good Providence of God in permitting them to enjoy the blessings of liberty, free government, do, in order more effectually to define, secure, and perpetuate the liberties, rights, and privileges which they have derived from their ancestors, hereby, after a careful consideration and revision, ordain and establish the following constitution and form of civil government.”

Delaware, 1897: “Through Divine Goodness all men have, by nature, the rights of worshiping and serving their Creator according to the dictates of their consciences.”

Florida, 1885: “We, the people of the state of Florida, grateful to Almighty God for our constitutional liberty, establish this Constitution…”

Georgia, 1777: “We the people of Georgia, relying upon the protection and guidance of Almighty God, do ordain and establish this Constitution.”

Hawaii, 1949: “We, the people of Hawaii, grateful for Divine Guidance, and mindful of our Hawaiian heritage and uniqueness as an island state, dedicate our efforts to fulfill the philosophy decreed by our state motto: ‘Ua mau ke ea o ka aina i ka pono.’”

Idaho, 1890: “We, the people of the State of Idaho, grateful to Almighty God for our freedom, to secure its blessings and promote our common welfare, do establish this Constitution”

Illinois, 1870: “We the people of the State of Illinois, grateful to Almighty God for the civil, political and religious liberty which he hath so long permitted us to enjoy and looking to Him for a blessing on our endeavors… do ordain and establish this Constitution for the State of Illinois.”

Indiana, 1851: “WE, the people of the State of Indiana, grateful to ALMIGHTY GOD for the free exercise of the right to choose our form of government, do ordain this constitution.”

Iowa, 1857: “We the People of the State of Iowa, grateful to the Supreme Being for the blessings hitherto enjoyed, and feeling our dependence on Him for a continuation of these blessings establish this Constitution.”

Kansas, 1859: “We, the people of Kansas, grateful to Almighty God for our civil and religious privileges establish this Constitution.”

Kentucky, 1891: “We, the people of the Commonwealth, grateful to Almighty God for the civil, political, and religious liberties we enjoy, and invoking the continuance of these blessings, do ordain and establish this Constitution.”

Louisiana, 1921: “We, the people of the State of Louisiana, grateful to Almighty God for the civil, political, and religious liberties we enjoy, and desiring to protect individual rights to life, liberty, and property… do ordain and establish this constitution.”

Maine, 1820: “We the People of Maine acknowledging with grateful hearts the goodness of the Sovereign Ruler of the Universe in affording us an opportunity, so favorable to the design; and, imploring God’s aid and direction in its accomplishment, do agree to form ourselves into a free and independent State…”

Maryland, 1867: “We the people of the State of Maryland, grateful to Almighty God for our civil and religious liberty, and taking into our serious consideration the best means of establishing a good Constitution in this State for the sure foundation and more permanent security thereof, declare…”

Massachusetts, 1780: “We, therefore, the people of Massachusetts, acknowledging, with grateful hearts, the goodness of the great Legislator of the universe, in affording us, in the course of His providence, an opportunity, deliberately and peaceably, without fraud, violence or surprise, of entering into an original, explicit, and solemn compact with each other; and of forming a new constitution of civil government, for ourselves and posterity; and devoutly imploring His direction in so interesting a design, do agree upon, ordain and establish the following Declaration of Rights, and Frame of Government, as the Constitution of the Commonwealth of Massachusetts.”

Michigan, 1963: “We, the people of the State of Michigan, grateful to Almighty God for the blessings of freedom, and earnestly desiring to secure these blessings undiminished to ourselves and our posterity, do ordain and establish this constitution.”

Minnesota, 1857: “We, the people of the State of Minnesota, grateful to God for our civil and religious liberty, and desiring to perpetuate its blessings and secure the same to ourselves and our posterity, do ordain and establish this Constitution.”

Mississippi, 1890: “We, the people of Mississippi in convention assembled, grateful to Almighty God, and invoking His blessing on our work, do ordain and establish this Constitution.”

Missouri, 1875: “We, the people of Missouri, with profound reverence for the Supreme Ruler of the Universe, and grateful for His goodness, do establish this Constitution for the better government of the State.”

Montana, 1889: “We the people of Montana, grateful to Almighty God for the blessings of liberty, in order to secure the advantages of a State government, do, in accordance with the provisions of the Enabling Act of Congress, approved the twenty-second of February A.D. 1889, ordain and establish this constitution.”

Nebraska, 1875: “We, the people, grateful to Almighty God for our freedom, do ordain and establish the following declaration of rights and frame of government, as the Constitution of the State of Nebraska.”

Nevada, 1864: “We the people of the State of Nevada Grateful to Almighty God for our freedom in order to secure its blessings, insure domestic tranquility, and form a more perfect Government, do establish this Constitution.”

New Jersey, 1844: “We, the people of the State of New Jersey, grateful to Almighty God for the civil and religious liberty which He hath so permitted us to enjoy, and looking to Him for a blessing upon our endeavors to secure and transmit the same unimpaired to succeeding generations, do ordain and establish this constitution.”

New Mexico, 1911: “We, the people of New Mexico, grateful to Almighty God for the blessings of liberty, in order to secure the advantages of a state government, do ordain and establish this Constitution.”

New York, 1846: “WE, THE PEOPLE of the State of New York, grateful to Almighty God for our freedom, in order to secure its blessings, DO ESTABLISH THIS CONSTITUTION.”

North Carolina, 1868: “We, the people of the State of North Carolina, grateful to Almighty God, the Sovereign Ruler of Nations, for the preservation of the American Union and the existence of our civil, political and religious liberties, and acknowledging our dependence upon Him for the continuance of those blessings to us and our posterity, do, for the more certain security thereof and for the better government of this State, ordain and establish this Constitution.”

North Dakota, 1889: “We, the people of North Dakota, grateful to Almighty God for the blessings of civil and religious liberty, do ordain and establish this constitution.”

Ohio, 1851: “We, the people of the State of Ohio, grateful to Almighty God for our freedom, to secure its blessings and promote our common welfare, do establish this Constitution.”

Oklahoma, 1907: “Invoking the guidance of Almighty God, in order to secure and perpetuate the blessing of liberty; to secure just and rightful government; to promote our mutual welfare and happiness, we, the people of the State of Oklahoma, do ordain and establish this Constitution.”

Oregon: Religious language is not found in the preamble, but Article I, Section 2 of the State Bill of Rights asserts that “All men shall be secure in the Natural right, to worship Almighty God according to the dictates of their own consciences.”

Pennsylvania, 1874: “WE, the people of the Commonwealth of Pennsylvania, grateful to Almighty God for the blessings of civil and religious liberty, and humbly invoking His guidance, do ordain and establish this Constitution.”

Rhode Island, 1843: “We, the people of the State of Rhode Island and Providence Plantations, grateful to Almighty God for the civil and religious liberty which He hath so long permitted us to enjoy, and looking to Him for a blessing upon our endeavors to secure and to transmit the same unimpaired to succeeding generations, do ordain and establish this Constitution of government.”

South Carolina,1895: “We, the people of the State of South Carolina, in Convention assembled, grateful to God for our liberties, do ordain and establish this Constitution for the preservation and perpetuation of the same.”

South Dakota, 1889: “We, the people of South Dakota, grateful to Almighty God for our civil and religious liberties, in order to form a more perfect and independent government, establish justice, insure tranquility, provide for the common defense, promote the general welfare, and preserve to ourselves and to our posterity the blessings of liberty, do ordain and establish this Constitution for the State of South Dakota.”

Tennessee, Section 3, 1870: “All men have a natural and indefeasible right to worship Almighty God according to the dictates of their own conscience.”

Texas, 1845: “We, the people of the republic of Texas, acknowledging with gratitude the grace and beneficence of God, in permitting us to make a choice of our form of government, do, in accordance with the provisions of the joint resolution for annexing Texas to the United States, approved March first, one thousand eight hundred and forty-five, ordain and establish this constitution.”

Utah: “Grateful to Almighty God for life and liberty, we, the people of Utah, in order to secure and perpetuate the principles of free government, do ordain and establish this CONSTITUTION.”

Vermont, 1777: “Whereas, all government ought to be instituted and supported for the security and protection of the community as such and to enable the individuals who compose it, to enjoy their natural rights, and the other blessings which the Author of existence has bestowed upon man; and whenever those great ends of government are not obtained, the people have a right, by common consent, to change it, and take such measures as to them may appear necessary to promote their safety and happiness.”

Virginia, Section 16, 1776: “That religion, or the duty which we owe to our Creator, and the manner of discharging it, can be directed only by reason and conviction, not by force or violence; and therefore all men are equally entitled to the free exercise of religion, according to the dictates of conscience; and that it is the mutual duty of all to practice Christian forbearance, love, and charity towards each other.”

Washington, 1889: “We the People of the State of Washington, grateful to the Supreme Ruler of the Universe for our liberties, do ordain this Constitution.”

West Virginia, 1862: “Since through Divine Providence we enjoy the blessings of civil, political and religious liberty, we, the people of West Virginia, in and through the provisions of this Constitution, reaffirm our faith in and constant reliance upon God and seek diligently to promote, preserve and perpetuate good government in the state of West Virginia for the common welfare, freedom and security of ourselves and our posterity.”

Wisconsin, 1848: “We, the people of Wisconsin, grateful to Almighty God for our freedom, in order to secure its blessings, form a more perfect government, insure domestic tranquility and promote the general welfare, do establish this constitution.”

Wyoming, 1890: “We, the people of the State of Wyoming, grateful to God for our civil, political and religious liberties, and desiring to secure them to ourselves and perpetuate them to our posterity, do ordain and establish this Constitution.”

Michael Novak holds the George Frederick Jewett Chair in Religion and Public Policy at the American Enterprise Institute. Ashley Elizabeth Morrow is a graduate student of religion, culture, and public life at Harvard University.

Published in First Things February 8, 2006

Method in Their Madness

Conventional wisdom seems to say that the Left has gone around the bend, is jumping off cliffs, is stark raving mad. But there is a method in the madness of the Left. There has always been a method in it. The Left is not engaged in an “argument,” it is engaged in a revolution in the name of all that is just and right and good. Therefore, it does not aim to out-argue its opponents, but to shame them, to drive them from the field in ignominy, to make them figures of ridicule, moral indignation, and revulsion.

Go back and read your Lenin. Revisit the show trials. The point is that no one dares defend such bad people. (This tactic works. Think twice before defending Bush on a college campus. How much indignation can you bear?)

Better yet, watch Ted Kennedy in action. His attacks on Judge Alito, like his earlier attacks on Judge Bork, were not intended as arguments, and certainly showed little regard for fact. They were all bluster, moral indignation, character assassination, ridicule, ostracism. If words could kill, his were the words of an assassin.

This leftist tactic has worked for over one hundred years, because there are not many people who can stand unafraid before it. Most do not want to attract attention to themselves, lest its indignation and vituperation and moral ridicule be turned loose upon them. The tirades in which these words are launched—Senator Kennedy’s neck muscles bulge, his flesh turns bright red, his voice rises ever higher so as to forbid anybody–anybody–from interrupting him—are meant to enforce acquiescence, not consent. They are meant to intimidate, not to present an argument. They are meant to reduce to subservience all who are obliged to listen, even friends and associates (however embarrassed they might be).

Senator Joe McCarthy of Wisconsin had mastered this Leninist trick himself, and turned it upon the Left. His every tonality and accent dripped ridicule and moral disdain. It is a method that can be learned by anyone. But Lenin was the first to put it in handbooks and train hundreds of agitators, organizers, cells, and units to use it.

Playing tapes of Senator McCarthy in some of his famous hearings and Senator Kennedy in the recent judiciary hearings would, I believe, be quite instructive as to the method. But why does this method work? As a method of last resort, it has the merit of intimidating good people into silence. It strikes fear into most hearts. Ridicule and moral opprobrium, and manifestations of sheer hatred for one’s very being, are not easy to bear, especially for conscientious and upright and morally sensitive people. Such persons, like Mrs. Alito, feel like bursting into tears. Those near them feel powerless and weak, unable to help, unable to make appeal.

Moreover, hatred spreads. Once the speaker licenses moral ridicule toward the accused, and destroys in him any semblance of moral character, truthfulness, or decency, on what ground will such a person stand? What shred of dignity is left to cover him? Such a person is unfit to be seen in the company of better people—the intention is to banish him. Don’t even consider him! Reject him! Cast him out!

To say that Senator Kennedy has become a bully is not enough. He is a destroyer of the moral dignity of persons.

When I was a boy, Democrats dominated everything. But Democrats since 1952 have held the White House only fitfully. They have lost the Senate. They have lost the House. They have lost the Supreme Court (which, although it is supposed to be independent of politics, was reconfigured to become the major motor of progressive reform). They have lost religious people, once their main base of support. They are losing popular appeal. But by turning back to their Old Left handbooks, the Democratic leadership has found the acids that destroy opposition. Even though the nation is in a deadly war, they constantly attack the credibility and truthfulness of the President, ridicule him, call him names, morally assassinate him. That acid seeps through society.

As to building a better country, there is not much in this method to commend it. But for destroying the moral standing of the other side, it has had proven effect for many decades. It is not crazy for Democrats to conclude that, having lost so much, they have little more to lose.

And even if it is crazy, there is method in it. Canonical method, approved method. In a democracy, alas, destroying the “in” power sometimes is sufficient for boosting the electoral success of the “outs.”

Published in First Things February 3, 2006

Economics as Humanism

For more than a century now economics has been advanced and practiced as a science, on the model of physics and mathematics. It was not always so. From Adam Smith’s Inquiry into the Nature and the Causes of the Wealth of Nations in 1776 until well after the publication of John Stuart Mill’s Principles of Political Economy in 1848, economics was viewed as a branch of moral philosophy astonishingly underdeveloped by earlier philosophers. It seems hardly possible, yet it is true, that before the time of Adam Smith no classic author—not Aristotle, not Aquinas, not Bacon nor Descartes—had asked about the cause of the wealth of nations in any sustained and fruitful way. Such an inquiry may well have been of great social utility, had it been successfully pursued in earlier, poorer centuries. But the problems of political order and the rule of law were of such importance—neither person nor property being safe from marauders, brigands, and feuding princes, whether in Europe or in other places on the planet—that the development of economics required the prior development of politics and law. During our own century, a school of economics much disdained by the leaders and the general run of professionals in the field (who were more and more attracted to the scientific model, and particularly to the strengths and beauties of mathematics) has restored economics as a field worthy of investigation by moral philosophy. The school is known as the Austrian School, the school of "classical liberals" or, in F. A. Hayek’s preferred description, "Whigs." Let me state the accomplishment of these Whigs starkly: As a result of the inquiries of the Austrian School, it has become clear that economics is at least as much a branch of moral philosophy and the liberal arts as it is a science.

This result was the fruit of three investigative strategies favored by the Austrian School. The first strategy was to attend to the subject in economic activities as well as the "objective" factors of production. "Why did economists fail to recognize that incentives remain relevant in all choice settings?" asked Nobel Prize-winner James M. Buchanan in 1991. "Why did so many economists overlook the psychology of value, which locates evaluation in persons, not in goods? . . . Why was there a near total failure to incorporate the creative potential of human choice in models of human interaction?" Taking advantage of cross-cultural studies of the work ethic, social trust, individual initiative, willingness to risk, patterns of cooperation, and other moral habits—together with studies in decision and game theory on the dilemmas that acting subjects typically face—the Whig economists have been able to focus attention on incentives, values, information, and choice, both private and public, including activities of deliberation, reflection, and selection.

The second of the Austrian strategies was to inquire into the concept of human action. The idea was to deepen both our understanding of economic action and its relationships with the other sorts of human actions. Actions begin in choice, and thus Ludwig von Mises opens his classic work Human Action: A Treatise on Economics: "Choosing determines all human decisions. In making his choice man chooses not only between various material things and services. All human values are offered for option." But humans not only act, they tend to act in patterns—in economic actions as well as political, religious, and cultural—and the Whig inquiry involved at least rudimentary inquiries not only into atomic human action considered in isolation, but also into characteristic actions or habits or virtues, and thus ultimately into a theory of human character.

The third Austrian strategy was to isolate and highlight the efficient cause of economic activity, the dynamic factor in economics—the habit of enterprise. The source of creativity, invention, even revolution in the way economic activities are carried out, this habit is the engine of change in economic development. Consider the recent experience of Central Europe: Some countries tried to move from socialism to capitalism by abolishing price controls, some began to respect and protect rights to private property, and some even began to permit the private pursuit and accumulation of profit. But even all these together no more constitute an active, capitalist economy than dry wood and air constitute a fire. Socialism inculcates in its people a debilitating passivity, and a formerly socialist people might well have waited for the state to do something else, without doing anything themselves. Capitalism did not properly begin until acting subjects looked around, noticed what could be done, and seized the initiative. In Poland, for example, half a million new small businesses were begun in the first six months after the Revolution of 1989. That is what made the transformation real.

These three Austrian strategies—attending to the human subject, investigating the sources of human actions, and emphasizing the habit of enterprise—have led in the last thirty years to a new focus on "human capital." The term "human capital" calls attention to acts of insight such as the entrepreneur noticing significant points that others fail to see: it thus stresses intellectual skills. But while many people have bright ideas, only some of them have the other qualities necessary for entrepreneurship—the moral qualities, such as boldness, leadership, know-how, tolerance for risk, sound practical judgment, executive skills, the ability to inspire trust in others, and realism. Human capital, even taking into account only matters of economic significance, is a concept of broad moral range. In recent years, in fact, the most interesting developments in the field of economics have come with the new attention paid to moral factors in economic progress. For some generations, so long as traditional Jewish and Christian moral values held sway in the West, such moral factors could operate as silent partners in economic analysis, being everywhere taken for granted. Their current absence has brought to consciousness their earlier unappreciated presence, as economists have rediscovered with a vengeance the moral dimensions of human capital in both cultural and personal contexts.

Two or three decades ago, it was frequently remarked that the systems described as "capitalist" and the systems described as "socialist" were asymmetrical, for socialism named a unitary system in which one set of leaders made all the key economic, political, and moral decisions, while capitalism was the name of an economic system only, capable of being combined with any number of political and moral systems. A man might be willing to die a romantic death defending democracy, but no one is willing to die for an economic system. That would be a confusion of means and ends—and, anyway, there isn’t much romantic about capitalism. So it was said.

The truth in the aphorism is that the weakness of socialism lay in its dangerous concentration of power—opening up enormous possibilities for the abuse of power to which many socialist governments succumbed, certainly, but also stripping human capital from private citizens. Pope John Paul II has written that the fatal flaw in socialist anthropology was its atheism, but he had in mind a particular kind of atheism: the atheism that sees man as a flat creature of matter and the will-to-power only, without spirit or soul, and ultimately unfree at his core. Even without theism, many Western classical liberals had an image of human beings as free and self-determining, with all individuals living out a story of weighty moral significance not only for their personal destiny but for the culture as a whole. In short, the ultimate drama in economics is acted out in the arena of human capital.

This humanistic turn in economics, first made by the great Austrian economists of our century, seems to have gone largely unobserved outside of the field of economics, even by humanists. But if economics is not only a science, if it is also a way of looking at reality and a way of thinking (a fact suggested by recent economists’ success at borrowing insights and methods from philosophy, law, anthropology, psychology, religion, and even art), then modern economics offers enormous resources for future generations of thinkers—and the possibilities for a new synthesis are immense.

In this light, there seems to be emerging in economics something like a universal science, a science of humans qua humans, in all our variety but also in certain invariant relations to human experience. Every human being on earth is an acting subject, capable of reflection and choice, a spirited animal capable of activities and a range of consciousness no other animal matches, aware of both universal community and unique personal meaning, faced with scarcity and sensing the impulse to inquire, create, trade and barter, and better our condition.

In the twenty-first century, economics has a great deal to teach us, and much of it complementary to the wisdom we have learned down through history. It is the vocation of economics to help us to be better women and men; to make better choices; to see more clearly what our alternatives are, and their comparative costs and advantages; to invest shrewdly in our fellows and in ourselves; and to use our freedom more advantageously and wisely. Economics is a noble vocation. It is also, I am arguing, a humanistic vocation.

Published in First Things May 26, 2004

The Embodied Self

In the very first year of his papacy, Pope John Paul II planted a time bomb in the Church that is not likely to go off until about twenty years from now. Beginning in September 1979, he devoted fifteen minutes of each weekly general audience over a five–year period to sustained, dense, and rigorous meditations on human sexuality. Reflecting on key biblical passages, the Pope began by wondering what it meant to Adam, walking in the garden, to discover that he was alone as an embodied self. He also asked what it means to Karol Wojtyla, and the rest of us, to be embodied selves. Even during the papal conclave that elected him, Cardinal Wojtyla had been working on these lectures, intending to use them in his teaching in Krakow. He was unsatisfied with the reception to Paul VI’s Humanae Vitae of 1968, and unsatisfied, too, with the state of the argument in the Church, thinking that it did not go as far as it could in answering certain basic puzzlements that humans have about themselves. In particular, certain passages in the Bible about male and female, love and lust, matrimony and divorce are not transparent in their meaning, and stirred Wojtyla’s wonder. What on earth could they mean? To get to the bottom of the mystery that we are to ourselves, must we not go down more deeply into a philosophy of the human self, that is, the human subject?

In the 129 public addresses that Pope John Paul II delivered over those five years, in four long sequences of a varying number of weeks, he went back to the Word of God to try to fathom the Creator’s intentions in this puzzling work of His. The Pope began with Adam in his solitude. Adam walked alone as a species, neither vegetable nor mineral, neither God nor animal, and not an angel, either. He stood alone in all creation. He did not have the company of his own kind. Neither could he procreate, and so assure the continuation of his species. His was a poignant solitude, a truly silent solitude. It was not, the Bible tells us, good. It lacked an essential part.

And so from Adam’s flesh—to underline the oneness of the human essence—God created Eve. Not just “woman,” but a person with a name, face, shape, and personality. One inescapable point of this account is that the human being is two–in–one. “Male and female He created them in the beginning.” To make man two–in–one was God’s intention, from even before time began.

Further, if the human being is made “in the image of God” (the second point the Bible insists upon), it is as “male and female” together. Something in our male–and–femaleness–together pulls back the veil on what God is like. The distinctness of our being male and female is revelatory of God’s own being and inner life.

We human beings are not “persons” in the way an angel is. We are each embodied male or female, and it is in our communion with one another that we are “images of God.” Each gender alone is incompletely human. We are made for the communion of male with female.

Why then, so soon, did Adam and Eve become “aware of their nakedness” and filled with “shame”? That this shame is not due to their bodies, or merely to their being naked, is made plain by one glaring fact: shame had no part in their original being; it is not of their essence. On the contrary, the shame arises only when Adam and Eve violate the will written into their natures by their Creator, when they use each other to suit their own individual appetites, wishing to put self in the place of God. Their shame arises when they become enemies of one another, through the war for dominance on the part of each. Then they must hide from one another, and in order to become master, learn the arts of seduction.

Their sexed individuality was given Adam and Eve so that, in becoming one, they might heal their essential incompleteness, and come into existence as the one essence God intended “from the beginning.” By willing the good of the other—that is, by self–giving love—male and female become one in spirit, will, and truth. That gift comes not solely from one, unrequited; the gift of one is matched by the gift of the other, freely given; their love is mutual. To speak of Adam and Eve as “in communion” is to capture their gift of each to each. Their beings come to rest in one another.

Thus, however imperfectly, our sexuality reveals to us that, whatever else He might be like, our Creator lives in self–giving communion. This experience of communion between woman and man, self–giving, in mutuality, and without either’s dominance, is more like the inner life of God than anything else that we encounter in creation. To self–giving communion, willing wholly the good of the other as other, giving of self freely and in accord with the creative will of the Creator, nothing else in the experience of the race comes close.

Wojtyla’s views on sex reflect the riches of the Catholic tradition—erotic, poetic, profound. In two of the deepest, most lovely lines in the poetry of any language Dante captures the essence of this love and all its range:

En’ la sua volonta e nostra pace . . . L’amor che move il sole e l’altre stelle

In His will, our peace . . . The love that moves the sun and other stars.

Propelled by its most divine–like energies, l’amor is sexual, erotic, physical, and in that form its communio is procreative. From two–in–one there comes a third. From the love of two there comes the miraculous and startling creativity of birthing, pushing forth a newborn child—not just “child,” but “girl” or “boy.”

Consider the relation of Wojtyla to Aquinas. Thomas Gilby once said of Aquinas that he paid things, in the act of rendering them in their complexity, “the compliment of attempting to do so without breaking into poetry.” Yet, as Gilby shows in putting together a miscellany of Aquinas’ texts on love, Aquinas did not fall short of poetry by much:

Love is more unitive than knowledge in seeking the thing, not the thing’s reason; its bent is to a real union. . . . Other effects of love he also enumerates: a reciprocal abiding [mutua inhaesio], of lover and beloved together as one; a transport [exstasis] out of the self to the other; an ardent cherishing [zelus] of another; a melting [liquefactio] so that the heart is unfrozen and open to be entered; a longing in absence [languor], heat in pursuit [fervor], and enjoyment in presence [fruitio]. In delight, too, there is an all at once wholeness and timelessness that reflect the tota simul of eternity; an edge of sadness similar to that of the Gift of Knowledge; an expansion of spirit; a complete fulfillment of activity without satiety, for they that drink shall yet thirst.

Wojtyla, too, is a poet, but he grew up under Nazi occupation, and was driven to deeper depths by the knowledge of sheer terror and the need for steely will. When all around his friends were being brutalized, dehumanized, and exterminated with ruthlessly systematic purpose, the “communion of subjects” came to seem to him more rare and precious. It was to the interiority of the human subject that events had driven him. Where Aquinas had written, “Love is more unitive than knowledge in seeking the thing, not the thing’s reason,” Wojtyla would write “subject” in the place of “thing.” Rigorously, he would take Aquinas and drive every term of his analysis inward, toward the subject, and toward that communio in which two subjects fuse as one. The only trustworthy path, experience had shown the young Wojtyla, is self–donating will, willing the good of the other, no matter how one feels. Under terror, one’s own feelings cannot at all times be trusted.

For the young priest and later pope, even celibacy is understood in the light of matrimony, the sacrament by which the Creator revealed to humankind the communio of His own nature. Thus, the second set of the Pope’s meditations, begun in 1980, concerns the trick question the Sadduccees put to Jesus: If a woman was married and widowed seven times, with which husband shall she be joined in Paradise? Jesus answered that the Sadduccees misapprehended Paradise. It is not that humans there are bodiless but that communio comes to the fore, communion with “the Love that moves the sun and other stars,” in Whose will is peace. The unity with God that constitutes Paradise is to will the good of the other, to be one with God’s own love for all.

This is the love that enflames the person who commits his life, for that Kingdom of Heaven’s sake, to celibacy. He wills totally the will of God, in Himself and for all humankind. His communio does not falsify, it vindicates, the love that a man offers to a woman, a woman to a man, in its total self–givingness. The two kinds of love, matrimonial and celibate, shed a kind of light upon each other. Matrimony reminds us of the earthiness of human clay, breathed upon by God’s love, and of the completed, united twoness of our essential nature. G. K. Chesterton was being more than merely witty when he defined the married couple as a four–legged animal infused with love. But celibacy dramatizes for us that the source of unity in love is the total giving of two wills, focused on the good of the other. Celibacy is no denial of the body, only a leapfrog over to the gift of will for the Creator and Redeemer’s use. Married and celibate teach each other depths of love.

In this perspective, the Pope thoroughly refashioned the standpoint of Humanae Vitae. Instead of visualizing the moral task in married love as “endurance,” the Pope asks: How can married love grow into the fullness of human nature, in its highest possibilities for self–giving love? Instead of focusing on “birth control,” the Pope turns to the first of the cardinal virtues, practical wisdom (prudentia, phronesis), and speaks of the excellence of prudence in deciding, in God’s presence, how many children to have—how to “regulate” fertility. Practical experience teaches a couple that, willy–nilly, they will need to practice abstinence at times, just as they at times enjoy ecstasy—and the tension of that drama is a large part of human excellence. Prudence, temperance, justice, courage—excellence in all four cardinal virtues heightens excellence in married love.

Instead of asking, “What am I forbidden to do?,” moral inquiry ought to ask: “How do we shape our lives of sexual love in ways that fulfill our dignity?” The Pope suggests that married couples regard sexual love in marriage as a school, always bringing out in them new excellences, and bringing them deeper into participation in God’s own love within them.

Four things are novel in Wojtyla’s thought on “love and responsibility” (to allude to a title of another of his books). First, there is a turn to interiority, to subjectivity, beyond the Thomistic synthesis. He could not have done this without the experience of modernity, and the simultaneous turn of some phenomenologists to both the subject and the real.

The second is the refusal to separate the “person” from its body. Wojtyla refuses to adopt a physicalist theory of sexual love. He refuses to be a Manichee. He refuses to be gnostic. He loves the human body—has always enjoyed his own strength and vitality, climbing in the mountains, kayaking in mountain waters, until an assassin’s bullet and other maladies made him bear the cross of the body’s infirmities. He loves the sights and smells and sounds of the liturgy of the Holy Mass. He loves the oils of the sacraments. Everywhere he sees the ways that spirit and body are made for one another, enter into one another, interpenetrate in the secret recesses of our being. Embodied selves, indeed. Thus do we believe in the resurrection of the embodied self.

The third insight is that the unity of man and woman comes in the giving of the will, each to each. The giving of the self makes truthful the bodies being one, and the bodies being one express united selves. The heart of love is a communio of selves. In matrimony, human selves are one in both their bodies and their selves.

The fourth insight is that in our sexuality lie glimpses of the Godhead. Our vision of God becomes clearest when our minds grasp the communion of persons in matrimony. Marriage between man and woman is the most beautiful (as Aquinas put it) of all friendships known to us. God is more like the communion of persons than He is like anything else we know of. That, at least, is the way He has revealed Himself to us, not only in Scripture and in His Son, but also in the way our embodied selves are joined in matrimony.

At the very head of the Book it is written: “Male and female He made them from the beginning. He made them in His image.” Should we miss the point of that, it’s hard to believe we’d get much right about the rest.

For some time, Western culture has been in a fever of free love, contraception, and the pill. Doing what we will with our bodies—doing what our bodies will—has become a worldwide passion, the acme of fulfillment. The project must not be going very well. Why else would there be so many books on sex, so many manuals, so many grapplings to understand the widespread disappointment?

But just wait. Boredom is as boredom does. Disordered sexual love and death are partners in a deathly dance. There will come a time when minds are open. When women and men begin to wonder, When He wrote Eros into our embodied selves, what did God intend?

Then it may be that they will not find many guides as daring as Karol Wojtyla.

Published in First Things Online February 27, 2004, First published by First Things, February 2003

Copyright (c) 2003 First Things 130 (February 2003): 18-21

The Gospels, Natural Law, and the American Founding

Published by Michael Novak in Recovering Nature: Essays in Natural Philosophy, Ethics, and Metaphysics, in Honor of Ralph McInerny, ed. Thomas Hibbs and John O’Callaghan (Notre Dame: University of Notre Dame Press, 1999), pp. 147-161] 1. McInerny’s Exposition of Maritain

Ralph McInerny became the director of the Jacques Maritain Center at the University of Notre Darne in 1979, and wrote an extremely helpful introduction to the thought of Jacques Maritain, under the title of Art and Prudence in 1988. There he gives a short and clear account of Maritain’s arguments concerning both the American founding and the United Nations Universal Declaration of Human Rights; the two arguments are closely related. In McInerny’s honor and following his lead, I would here like to offer supporting evidence from early American sources solely in regard to Maritain’s reading of the American founding.

Most of the interpretation of America’s founding, particularly since the generation of World War II, but even reaching back to Parrington and Beard, has been in the hands of nonbelievers. By this I mean historians or political philosophers who were neither Christians nor Jews but atheists or agnostics; and even those who were agnostics were, perhaps, rather less skeptical of atheism than of Christian faith. Such interpreters have tended to fall in one of two schools. Most have taken their cues from the nonbelieving side of the Enlightenment. The other significant school, following Leo Strauss, has added to the Enlightenment a good deal of wisdom from the ancients.

Both of these schools agree in minimizing the role of Christianity in the American founding. Both stress, almost to the exclusion of biblical faith, the role of the unbelieving side of the Enlightenment, citing especially Thomas Hobbes and a particular interpretation of John Locke. This interpretation leaches the Christian faith out of Locke, and presents his true meaning as both atheistic and directly subversive of a Christian view of humankind.

The American founding, in both views, is a child of the Enlightenment, built upon the ejection of biblical faith from public institutions and its confinement to private quarters. It should be added that not a few Christian theologians today especially far right Catholic theologians, hold an analogous views.

As late as his fifty-fourth year, Maritain held a not entirely dissimilar view of America. In Integral Humanism (1936), he held capitalism responsible for much that is worst in the world, and the United States was by then the leader of world capitalism. In addition, he had, as he later confessed, the typical Continental disdain for America’s form of “bourgeois democracy.”

As the shadows of Hitler over Europe grew darker and darker, Maritain’s visits to the United States increased in frequency and in length. He finally took refuge here early in 1940 for the duration of the war years. During these years Maritain gained a fresh and “contextual” understanding of the American wayof life. He could now discern with his own eyes and ears that American life as it was actually lived was not, in fact, what it had earlier seemed to him from afar. McInerny empathizes with Maritain’s fresh reading of daily experience – especially in the American Midwest – and with his judgment about the inadequacy of conventional theories. In its daily practice, the United States is neither a child of the unbelieving Enlightenment nor materialistic, atomistically individualistic, self-enclosed, and walled off from the transcendent. So, at least, it seemed in the 1940s and 1950s. No one, Maritain wrote, can walk among the American people and observe how they live, how they speak, and what they hope for, and then force such theses upon the facts.

By this time, Maritain had thought more deeply about several themes crucial both to philosophy and to political philosophy than any one in the preceding centuries of the tradition of the philosophia perennis. Since these themes include such concepts as person and liberty they are crucial to Christian philosophy (a species that Maritain was one of the First to identify with adequate precision). On these points, of course, Maritain had teachers, Thomas Aquinas foremost among them. But, on the one hand, Thomas Aquinas had not faced the same kinds of concrete questions as arose from the social and political experiments of the last two hundred years (especially those between, say 1745 and 1945). On the other hand, very few scholars who knew the thought of Aquinas had had the complicating experience of life under “the new science of politics” in this “new world.”

New distinctions cried out to be made, and Maritain made them. New terms cried out to be invented to give old principles new applications, or applications in unprecedented contexts, and Maritain invented them. In these achievements, it would be difficult to show that Maritain strayed from the Catholic tradition. On the contrary; he advanced that tradition in a living, vital, and even lifegiving manner.

In the larger world, his efforts helped to bring to life the Universal Declaration of Human Rights, to which later popes have paid homage. In that effort, Maritain proposed a sophisticated and profound extension of the reasoning of St. Thomas on two points: on practical reason and on the often-denied but never-failing workings of the first principles of natural law.

In the same vein, Maritain extended the reach of the philosophia perennis in regard to democracy religious liberty and pluralism. He extended this perennial tradition into the realm of new social arrangements and new human experiences, and no one shows how he did so better and more succinctly than McInerny. McInerny’s account is clearer than Maritain’s, and I draw on it here.

2. Four Requirements of a Good Society

Maritain holds that four foundational ideas must be clearly understood and well institutionalized in a society worthy of humankind. Such a society must be personalist, communitarian, pluralist, and theist. Each of these receives a brief comment from McInerny. First, such a society must respect the dignity of the human person. Then it must nourish the many ways, natural and voluntary, by which the person thrives in communion with others. Third, it must give to Caesar the things that are Caesars, and to God the things that are God’s, respecting, in particular, freedom of conscience in private and in public. Finally it must either manifest in its public life due respect to the Source of human rights and the Supreme Judge of consciences (as the U.S. Congress did with respect to Thanksgiving Day in 1789), or at least be effectively open to the transcendent, permitting to its citizens free expression of homage thereto.

Maritain holds that these four concepts have been given temporal shape – both in theory and in practice – in the institutions of American democracy. In this context, “democracy” does not mean rule by a majority in direct plebiscite; on the contrary it means both representative government and limited government bound by the rule of law (i.e., a constitutional democratic republic). Such a government, furthermore, operates through the separation of legislative, judicial, and executive powers; under due process; and with ample safeguards both for the rights of individuals and minorities and for averting tyranny by a majority. These distinctive elements in the American practice of democracy have been added by trial and error down the centuries, and in English-speaking countries in particular under the sway of the common law and common sense. (An excellent supplement to Maritain’s work, although conceived on other lines, is Russell Kirk’s The Roots of American Order. )

In English-speaking countries down the centuries (as those of us who are immigrants from non-English-speaking lands have noted with admiration), many religious persons were champions of liberty; and religion and liberty have often been allies. This good fortune was seldom matched on the Continent, where proponents of liberty often felt thrown into rebellion against the forces of tradition and power, the ancien régime in which church was united with state.

In Britain and America, therefore, common sense still carries with it a tacit religious sensibility and understanding. Further, what the Scots described as “moral sentiments” usually carried with them an implicit religious significance, Adam Smith’s appeal to “sympathy” for instance, was defined in terms appropriate to a Christian sentiment. In America, too, one did not have to choose between liberty and faith. On the contrary it was quite often religious faith that nourished the most ardent appeals for independence from Britain, in the three hundred or so local declarations that predated the congressional one of July 4, 1776.

Coming from France, which had already experienced several great declarations and many constitutions, and in which unbelievers who favored secular goals often fought pitched battles in the street against traditionalists and believers, Maritain read the Declaration of Independence and the Constitution of the United States not only with admiration but with a willingness to be instructed. He did not esteem the achievement of Paris in 1789 as he did that of Philadelphia in 1787. Of the latter he wrote:

Peerless is the significance, for political philosophy of the establishment of the American Constitution at the end of the 18th century. This Constitution can be described as an outstanding lay Christian document, tinged with the philosophy of the day. The spirit and inspiration of this great political Christian document is basically repugnant to the idea of making human society stand aloof from God and from any religious faith. Thanksgiving and public prayer, the invocation of the name of God at the occasion of any major official gathering, are, in the practical behavior of the nation, a token of this very same spirit and inspiration?

Maritain further insisted:

The concept of natural law played, as is well known, a basic part in the thought of the founding fathers. In insisting . . . that they were men of government rather than metaphysicians and that they used the concept for practical rather than philosophical purpose, in a more or less vague, even in a “utilitarianist,” sense (as if any concern for the common good and the implementing of the ends of life were to be labeled utilitarianism), one makes only more manifest the impossibility of tearing natural law away from the moral tenets upon which this country was founded.

There is no doubt about the high regard in which Maritain held the Constitution for its evangelical inspiration and expression of the natural law. The American system embodies the four characteristics of the good society.

(1) Person. Maritain held that the concept of the person is a philosophical concept, accessible to human reason, but thrust into the consciousness of philosophers by theologians. Such theologians were seeking precise ways to express what it is in the Man-God, Jesus Christ, that remains the same when we say that He possesses both a divine and a human nature. In that context, a notion of “person” is needed that is different from the notion of “individual.” A difficulty here arises, since individuals are individuated by their material conditions, not their form. But that cannot be true of God, who is beyond material conditions. Luckily, however, “person” is an available term, denoting a subsistent capable of insight, judgment, choice, and love, that is, the essential capacities of spirit; and spirit that may be either immaterial or embodied (or both). Thus, in human beings the concept “person” designates an independent subject, capable of understanding, loving, and deciding; a subsistent agent who is unique, incommunicable, creative, responsible, and inimitable.

(2) Community. Similarly Aristotle noted that human beings are communitarian in essence, that is, social and political animals whose natural habitat is a polis. Biblical Faith has drawn the attention of philosophers to the universality of the human community as children of the one God, whose concern is especially for the weakest. Today philosophers who describe themselves as atheists, such as Bertrand Russell and Richard Rorty freely acknowledge that they have borrowed such central concepts as compassion and solidarity from the moral teachings of Jesus (even though they regard him as a merely human teacher like Socrates or Goethe). In their philosophical thinking, our “progressives” have gone well beyond the vision of human unity in the reason of Stoicism and universals of Kant; they pay special attention to the poor and the weak, in almost Christian tones.

The preamble to the U.S. Constitution begins “We the people.” It is the ordering document of a political community composed of free persons. It represents, further, a movement among ratifying states, uniting several free political communities in one nation; it is the states, rather than the national government, that are expected to be the character-forming entities (the Constitution assigns no such function to the national government). While the Constitution is not an “atomizing” document, it is not morally perfect. Among other things, it temporized with the evil institution of slavery for the very good communitarian reason that in no other way could a union be formed whose future expansion would with high probability guarantee the abolition of slavery.

The Constitution’s communitarian nature is further shown in its implicit confidence in a joint and united future. It was designed to protect the U.S. from the perpetual self-fragmentation of Europe. In the Declaration of Independence, further, the signers from the different states had pledged to each other (in a communitarian bond) their lives, their fortunes, and their sacred honor. The Declaration was a compact, a covenant, the act of an entire community. Each individual who joined this community placed himself in peril of punishment for high treason. (As the war proceeded, of the 56 signers 9 fought and died, 12 had their homes looted and burned, 17 lost their fortunes, 2 lost sons.) The United States was not founded by or for lone rangers, individual atoms, mere rugged individualists. It was founded for union.

(3) Pluralism (The Realm of Conscience). Further, even the idea of the secular state, as well as the idea of pluralism, is of Christian inspiration. This claim seems contrary to the historical evidence, which shows so many examples of the union of church and crown. During a thousand-year stretch from Charlemagne to Napoleon, 800-1800 A.D., for example, the pope of Rome laid the imperial crown upon the brow of the Holy Roman Emperor, regent of all Europe. Nonetheless, Maritain holds that the teaching of Jesus about what belongs to Caesar and what belongs to God (Matt. 22:21) has finally worked its way out in social history so that Christians, above all, ought to accept it. This ideal, different from the ideal of its historical predecessor, “Christendom,” inspires the formation of states that are not sacral but respectful of diversity of conscience (respectful, too, of religion, not aggressively secularistic). Further, in philosophy and conscience and fealty such states should be pluralistic, not monistic. Finally they should be respectful of both the nonestablishment and the free exercise of religion. (In the U.S., the Constitution forbids establishment at the national level, in part to respect establishment at the state level.) No system, Maritain argues, represents at once a higher and a more practical working out of the gospels in history.

No doubt, such a system bears within it its own perils. Every system in history does, and certainly the systems that went before it did. To take but one random example (well known to many Americans who studied in Innsbruck): the deeply Catholic culture of Austria, directed for centuries by the Habsburgs. The almost sacral culture of Austria did not prevent the widespread popular embrace of National Socialism in 1938, which led to abominations still painful to plumb. Those who worry about dangers to Christianity in American culture, while hankering for something akin to the sacral practices of life in Austria, need to recall that the gospel is always in peril.

The Maritain who in The Peasant of the Garonne turned his full wrath upon the corruptions introduced by interpreters of the Second Vatican Council – a council which his own work had been widely recognized as preparing – would be equally unsparing about the corruptions that have polluted America since he wrote lovingly of her in the 1950s. Of that we can be sure.

(4) Theism (Natural Theology). Finally, Maritain held that a good society, worthy of the human being, while it need not be Christian, must at least be theist. Here, he stood on common ground with the American founders. Text after text from the founding period asserts that institutions of democracy of the American type can only work among a theistic and moral people. James Madison, for instance:

The belief in a God All Powerful, wise and good, is so essential to the moral order of the world and to the happiness of man, that arguments which enforce it cannot be drawn from too many sources nor adapted with too much solicitude to the different characters and capacities to be impressed with it.

Thomas Jefferson:

And can the liberties of a nation be thought secure when we have removed their only firm basis, a conviction in the minds of the people that these liberties are of the gift of God? That they are not to be violated but with his wrath? I tremble for my country when I reflect that God is just: that his justice cannot sleep forever.

George Washington asserted in his “Farewell Address” of September 17, 1796, that the probability of human beings continuing to be moral while not believing in God is virtually nil. No doubt, the thing can be done, but not by a great many people at once and not for a long time:

... let us with caution indulge the supposition that morality can be maintained without religion. Whatever may be conceded to the influence of refined education on minds of peculiar structure, reason and experience both forbid us to expect that national morality can prevail in exclusion of religious principle.

Others in the founding generation argued that in those situations when no one else can observe one’s conduct, self-love is overwhelmed with reasons to bend the moral law to one’s own purpose. Nemo judex in causa sui. Thus, the same reason that impelled nineteenth-century Americans to insist upon checks and balances in matters of public self-government led them to insist upon checks and balances in private self-governance. In their eyes, the decisive check upon self-love is the undeceivable Supreme Judge of all consciences, to whom in signing the Declaration of Independence they appealed for judgment upon their own motives. They insisted that in every court of law, truthfulness should be witnessed by oaths in his name.

Whereas Americans today dread seeming to be judgmental, the founders of our country positively demanded the constant judgment of others upon their thoughts and deeds. They knew full well that every thought and deed is susceptible of being evil or good. To be judged and held responsible, the early generations of Americans held, is the very essence of liberty. And this is the radical, the founding impulse behind the project of republican government. Thus, as Tocqueville notes, from the very beginning John Winthrop distinguished between the liberty proper to animals and the liberty worthy of humans:

Concerning liberty I observe a great mistake in the country about that. There is a twofold liberty natural (I mean as our nature is now corrupt) and civil or federal. The first is common to man with beasts and other creatures. By this, man, as he stands in relation to man simply hath liberty to do what he lists; it is a liberty to evil as well as to good. This liberty is incompatible and inconsistent with authority and cannot endure the least restraint of the most just authority. The exercise and maintaining of this liberty makes men grow more evil, and in time to be worse than brute beasts: omnes sumus licentia deteriores. This is that great enemy of truth and peace, that wild beast, which all the ordinances of God are bent against, to restrain and subdue it. The other kind of liberty I call civil or federal; it may also be termed moral, in reference to the covenant between God and man, in the moral law and the politic covenants and constitutions, among men themselves. This liberty is the proper end and object of authority and cannot subsist without it; and it is a liberty to that only which is good, just, and honest. This liberty you are to stand for, with the hazard not only of your goods, but of your lives, if need be.

Such texts as these indicate the range of the evidence to which Maritain’s analysis appeals.

3. Maritain’s Argument for Pluralism

In his work on the Universal Declaration of Human Rights (UDHR), Maritain sharpened further his demand that a good society be theistic. By 1945, the regime of Adolf Hitler had deepened the world’s understanding of the depth of evil. New depths, never before seen, had been explored and evoked almost universal revulsion. Events in our own time, such as the Gulag Archipelago, the Cambodian holocaust, and other huge massacres, as in Rwanda, have shown, of course, that not all peoples learned revulsion; some, alas, learned imitation. But in the aftermath of 1945, there seemed to be a will to start afresh, on a worldwide stage, in a framework larger than the sphere of the Western or Christian horizon. A great representative of the Arab world (Charles Malik), and another of the Asian Third World (Carlos Romulo, president of the Philippines) played especially prominent roles in the drafting and the passage of the UDHR. However reluctantly representatives of the officially atheistic world such as the leaders of the Soviet Union – since the days of Lenin and Stalin stained with blood themselves – were willing to take part; they did not want to be seen as outside the civilized world.

The United States, as we have seen, faced the necessity of forming a union without first abolishing slavery. In an analogous way Maritain and his colleagues sought a way to draft a Universal Declaration of Human Rights that might establish the principles leading to at least the first three of the above-mentioned conditions for the good society. The drafters of the declaration faced a great dilemma: How can a pluralistic world, locked in a vast ideological-moral struggle, come to any agreement on fundamental principles? Here the reflections of St. Thomas on the first principles of natural law and the workings of practical reason gave Maritain an idea for a way through the roadblock.

Maritain’s first move was to get everybody to see that agreement on principles of theory was not possible. Among representatives of different faiths, worldviews, philosophies, ideologies, there was no one theory that all of them shared. On the other hand, Maritain knew from St. Thomas that practice and theory are activities of two different habits, and operate under different constraints and laws. This point is worth a brief excursus, in which I am going beyond McInerny in support of his point.

Sometimes, people do quite well in practice what they cannot explain in theory. Sometimes people who are excellent in the theory fail in practice. Again, theory is curiously impersonal; anyone, from any point of view, should be able to examine a theory and to falsify or verify it in an objective way. But practice is incurably personal; the batting grip that works for one hitter in baseball does not work for another. In practice, coaches, not theoreticians, are of maximal help. (Theory may be highly useful to coaches, but it is not enough.) Moreover, three or four persons often engage in the same practice, even though each has a very different reason for doing so, and even though each has a very different theory and/or life-p1an underlying his practice. This last is the clue Maritain was looking for.

How much agreement can a world body reach regarding practices, even while remaining incurably divided regarding the underlying theory for such practices? This is how Maritain rearranged the earlier question. Maritain’s answer was to raise two further practical questions: Are there not some things so terrible in practice that no one will publicly approve of them? Are there not some things so good in practice, that no one will want to seem opposed to them? This relatively simple and yet often overlooked distinction between agreement in theory and agreement in practice broke the logjam.

One feature of this solution is especially important. Such a distinction allows people to stand firm on all points of principle. In this way it avoids the trap of moral indifferentism or moral relativism. It does not require a Christian to surrender one iota of Christian faith. It did not oblige a communist to abandon communist theory. It faced its signers with one question only: Do you agree that support of this practice and prohibition of that other practice is a worthy criterion for the world community? Do you agree to declare that your nation will live under this code of practices? In the event, the Soviet Union did not veto the action of putting the declaration forward, but then did not sign it.

There were obvious dangers to this course of action. Like the U.S. Constitution, the UN declaration is susceptible to behavior that can break through such legal threads like a whale through a fisherman’s net. On the other hand, after 1975, with the publication of an extension of the declaration in the Helsinki Accords, the Universal Declaration proved of inestimable importance to human rights activists behind the Iron Curtain. Indeed, these “mere words” were credited with being one of the most useful of all tools in the final discrediting and dismantling of the Soviet Union. The failure of that state to live up to this simple and elementary code of practice played a decisive role in delegitimating it, even in the eyes of serious communists of the generation of 1989-91. It worked much as Maritain had hoped it would.

For Maritain, whether it would work was in a sense a testable hypothesis. Even people who deny the existence of the natural law cannot help exemplifying it, he knew, because they are human beings who use practical reason every time they act. Maritain had learned from Aquinas that “natural law” is only the name for the actual working principles of practical reason. (Natural law presents no concrete ordinances, but does make principled demands regarding methods of practical inquiry.

These reflections on the reasoning behind Maritain’s support. For the Universal Declaration of Human Rights also help to illuminate why he held such high esteem for the principles implicit in the founding of the American Republic, and particularly in the Constitution and the Declaration of Independence. The principles of natural law, he noted, are evident in the effort of the Americans to submit the principles of the Constitution to popular understanding, judgment, and ratification – the whole exercise was, explicitly, an exercise in “reflection and choice,” that is, an exercise of the practical reason. Thus, the very opening of The Federalist:

It has been frequently remarked that it seems to have been reserved to thepeople 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 [emphasis added].

More than that, the founders were explicit about their care and reverence for the natural laws whose authority they invited in judgment upon their work. They did their best to uncover the laws proper to human liberty and to conform themselves to these. Further still, they believed that Christian faith ratifies the workings of natural law. They claimed two witnesses to their own sincerity of purpose: natural reason and faith.

4. Further Evidence from the Founding

Among the eighteenth-century designers of the American Declaration and Constitution, both reason and revelation (Jewish and Christian revelation) were frequently called upon to vindicate their appeal to “the laws of nature and nature’s God.” A good witness to this twofold appeal is Samuel Cooper, one of the prerevolutionary preachers of independence whose words were rescued for our use by the invaluable collection of Ellis Sandoz:

We want not, indeed, a special revelation from heaven to teach us that men are born equal and free; that no man has a natural claim of dominion over his neighbours, nor one nation any such claim upon another; and that as government is only the administration of the affairs of a number of men combined for their own security and happiness, such a society have a right freely to determine by whom and in what manner their own affairs shall be administered. These are the plain dictates of that reason and common sense with which the common parent of men has informed the human bosom. It is, however, a satisfaction to observe such everlasting maxims of equity confirmed, and impressed upon the consciences of men, by the instructions, precepts, and examples given us in me sacred oracles; one internal mark of their divine original, and that they come from him “who hath made of one blood all nations to dwell upon the face of the earth,” whose authority sanctifies only those governments that instead of oppressing any part of his family vindicate the oppressed, and restrain and punish the oppressor.

The American founders held that the Creator and Redeemer of humankind wrote his law in the human heart and wove its lessons into the tapestry of nature and history to instruct us through contemplation both of nature and of the workings of his Providence in events. Even of Thomas Jefferson, one of the founders whose faith was least Christian, his biographer and sympathetic student of his religious life writes: “Jefferson assumed an ordered, theocentric world; chaos was not king. He also affirmed that ours was and is a moral universe; unrestrained libertinism did not, must not, rule.”

To attempt to do justice to the religious views of all those preachers, teachers, magistrates, and yeoman who did so much to put their necks at risk in joining the rebellion against the legitimate monarch, George III, and then placed their fates, with due reflection, under the rule of their new Constitution, would be a very large task. The religious life of the founding generation is not a field in which secular historians of the last fifty years have accomplished much work, but new beginnings have at last become evident. Permit me, therefore, to conclude these remarks with but two citations from the nation’s second president, John Adams of Massachusetts. The first is as follows:

Statesmen may plan and speculate for liberty but it is religion and morality alone which can establish principles upon which freedom can securely stand.

The second text is a communication from Adams to the “Officers of the First Brigade of the Third Division of the Militia of Massachusetts, October 11, 1798”:

We have no government armed with power capable of contending with human passions unbridled by morality and religion. Avarice, ambition, revenge, or gallantry would break the strongest cords of our Constitution as a whale goes through a net. Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other.

Maritain, I submit, got it right. The Constitution is a work inspired by evangelical sentiments and due respect for the natural moral law.

Postscript

While McInerny’s account of Maritain’s thought is unusually clear and helpful, it does suggest a range of problems that have arisen since Maritain’s death. Maritain’s account of the founders, while never carried through with scholarly detail, seems more correct than that of many scholars who overlook the religious sources of the founding almost entirely The political principles of the founding do not require moral indifference or an aggressive antireligious secularism. Still, it may be asked whether among the aggressive few and the inattentive many they in time generate such negative developments. In the United States from about 1946 onwards, an aggressive attack upon the public religiousness of the American people has certainly arisen.

An accurate diagnosis of why this is so, and what might be done to correct it, remains to be persuasively presented. My own suspicion is that those who care about the practice of religion both in nonpublic and in public settings would make a great mistake if they regard the United States as ill-founded, jettison the founders as seriously misled, and call for a new Constitution. Not only are they not likely in our time or the foreseeable future, to get a Constitution that is closer to the gospels and to Christian philosophy; worse still, they would be depriving themselves of the prestige, acuity and peerless historical accomplishment of the founders, who are much closer to the Catholic tradition (evangelical and medieval), than to the dry and lifeless relativism of the aggressive secularizers.

The founders were theocentric, convinced that the Creator from all eternity shaped nature; nature’s laws, and the grand drama of history by His gracious Providence. These are for us a precious heritage, which it would be worse than ungrateful to throw away. It would be, to reach for a medieval term, stultus; indeed, self-stultifying.