Note: I started writing this with the notion that the category error alluded to below was a mistake and a sidelight hiding behind the issues being argued. As I continued in writing I have come to believe that the category error is both the primary reason for the arguments and further is a fundamental problem which is well known.
Much wroth, fury, words, and accusations of ignorance, bigotry, and perversion have crossed from both sides in the recent decades long struggle by various factions in the debates about marriage and who might be married rightly. A few observations
- Defenders of SSM remark that this sort of marriage is private and affects none outside of the marriage. Yet, if this were so, then why would not civil unions suffice? The logical answers is because this reply is a lie. It does in fact affect others and in this lies a category error to which I alluded in this essay’s title.
- To read the papers and hear the debates this is an important issue. Yet, why is that? Why is that more important than other issues. As that famous statistician Bjorn Lomberg pointed out that getting vitamin supplements to the third world would saves tens if not hundreds of millions of lives (and would be cheaper and more effective than most of the aid we send to the third world), world-wide millions are affected by human trafficking indeed the numbers trafficked within the states is comparable to those affected by SSM … and those affected are mostly well educated affluent couples. Yet what debates are heard?
How are these issues a sidelight issue and the other a hot button issue? I suspect my I offer it is because those entrenched against SSM are also committing that same category error. What is the error of category to which I allude? Simply the following, laws and lawmakers are not our spiritual guides. Note, the use of the term “spiritual” is not the normal one, but one which I will continue in this essay and perhaps in further essays.
So let me digress for a moment. Spiritual? What is that? In the introduction to Dimitru Staniloae’s book (Orthodox Spirituality), it is pointed out that in the EasternChristian doctrine, your spiritual life and its tending is perhaps better translated as your ethical life and its care. Spiritual health and ethical well being are synonyms.
What is legal or not and what is righteous (in good spirit or a good moral/ethical decision) are independent. This is a founding principle of American jurisprudence. (Or is it?) It certainly is the assumption now. Mr Daschle defended a Senatorial philandering colleague by pointing while he while he was dishonest he didn’t break any laws. The correct reaction to this is that the colleague got his priorities exactly backwards, i.e., it is more important to be ethical than stay on the right side of the law.
Laws are not ethics. Laws and what lawmakers conspire to create has very little to do with ethics and instead its primary purpose is to provide a framework. This framework provides so that peoples may live harmoniously alongside each other in an ordered way. So that, when conflicts between people arise, there is an orderly way of handling those same conflicts. Personal ethics overrides and sits over the law. For the most part, there is no conflict, most of our choices, our ethical decisions do not lead us toward choices which are illegal. Where they do, it is right, it is correct to choose the ethical over the legal. On the other hand, there are things you may do legally which however are not ethical. Even where there is no conflict, normally ethics binds our actions tighter than the law.
Solzhenitsyn warns that this separation that is part of modern Western democracies (and was part of the former Soviet state) is an error. That itself is an interesting counter point. So it seems likely that this why this debate is important is not what it is about, but sort of the issue is the ground on which it is being made. What is at stake is perhaps not about the particulars of whether certain young dinks (dual income no kids) can have their relationship legalized or not but really what is being debated here and in other forums is whether law should be neutral or be admitted to have spiritual (ethical) content or should it not. Kant (and our founders) explored law devoid of ethics, can a safe lawful republic of demons (not angels) be constructed or not. Perhaps it can. Perhaps it can’t. The question at hand is should it? Recall the Ratzinger/Habermas debate, debating whether a democratic society can be constructed and sustain itself independent of religion, i.e., “does it need things outside itself to sustain itself.” Ratzinger and Solzhenitsyn think not. Bertrand de Jouvenal pointed out in his meta-political science musings about what he termed Babylon (the large multicultural state) envies the unity of the small state. My reading of Solzhenitsyn (and Jouvenal) is that a solution exists. If the larger federal state limit itself to promoting commerce and unity between smaller entities within itself, while foster their ability to form strong local identity, laws and praxis then you could have the best of both worlds. You can find local loyalties and ties and bonds within the framework a larger multicultural state.
Both sides of the cultural debate miss this point. Both sides wish to apply the same laws and sensibilities in artists boroughs of San Francisco, in Amish villages in Ohio, in rural Lutheran Wisconsin, and so on. Why? Why try? It seems wrong to insist that behavioral norms universal.
Locally laws can be tied to spirit. Federally, the are not, but there they run to the Habermas separation of Spirit and law. It seems to me laws about birth, death, marriage are those which the federal level should keep its hands away, to set aside for local regions to coin their own practices, to tie their own view of ethics and spirit what is allowed, to what is righteous in their region.
Instead of insisting that laws be spiritual or devoid of spiritual considerations is wrong. Federal laws laws which bind us all, might be best be light and aim only to promote commerce, unity, and ease frictions. Local laws … let them tangle and wind the ways the local choose. That is, after all, nothing more than freedom.




Continuing Musings on Government and Spirit
Much if not most of the hard divisions between right and left these days goes back to the often mentioned (by me) Habermas/Ratzinger debate. Mr Lieter has tossed a book into the fray, which was discussed in First Things. Mr Lieter questions the practice of government protection/privilege of religion, alas apparently without establishing a clear victory for the Habermas side of the debate previously noted. This continues the prior essay in which I started out in the essay with the idea that thinking personal moral beliefs (which we will abbreviate in the following as EMS for ethical/moral/spiritual which in turn follows Dimitru Staniloae’s book which notes that spiritual = moral/ethical far more closely than in Eastern than Western thought patterns). One of the discoveries, for me, was that my assumption on the start of penning that former essay was that the American assumption with which I was raised, namely that personal EMS notions do not mix with legal/state ones is likely flawed. However, I did not address or question (yet) the fitness of that the separation question (or for a future essay perhaps whether the suspicion that I have that the correctness of this separation is a key aspect of the left/right divide).
So, let’s follow a bit with the idea that the core notion in many if not most of the societal debates we are having right now hinge on the place in public square for personal or communal EMS thought. The two extreme positions in this debate are those which maintain that EMS is required or that it should be completely divorced from the public square, law, and government. There are arguments for both, but what is missed is by the extremists is that alternatives exist. But first, let’s examine the actual not pretended extremes. Far too often both sides are guilty of painting a straw man extreme as the nominal “other” side. But alas, for both sides, more moderate positions exist on both sides at which points the debate should be centering but isn’t. Perhaps because demonizing the opposition is far easier than confronting more reasonable ideas.
So we are going to identify six “positions” in the Habermas/Ratzinger political spectrum. There are two extreme straw man positions, there are two extreme positions which are held by many (not straw men) and there are two moderate positions on each side. Habermas and Ratzinger in their debate argued around the two moderate positions, btw.
The extreme H (Habermas) position is to insist on complete divorce/separation from the ethical/spiritual and government. Those things which are moral or ethical should not be used as reasons in government or law. Examples of this are rampant. Just witness the allergic reaction by some to incidental expressions of religion by government (10 commandment or Christmas displays for example which might occur on state properties). This side would hold that your particular ethical/spiritual/moral beliefs are personal. They shouldn’t be used as arguments or even mentioned in the halls of state (in Babylon after all where particular notions must always give way to abstract or consequential ones, which are all that are left after the ethical/spiritual ones are removed from play). What then is the extreme straw-man H stance, that would be the one where expressions of public EMS beliefs are illegal, where priests get sent to mine minerals in Kolyma in the archipelago. It is a real historical non-fictional existence, just one that nobody reasonable on the H side of the debate is actually advocating, hence it’s a straw man.
That same (dominant) voice would hold that the other extreme is some sort of theocratic backwoods unenlightened, inwards looking space. But this isn’t so. That too is a straw man. Yes in fact there have been mono-religious oppressive states. So what? This is the bogey man raised by many arguing against the R case, but again it’s a straw man. What then is the extreme R position that isn’t a straw man? I don’t know. Nobody debating against the R position argues against it, they move directly to the “theocracy” bugbear. Few, if any, in the US argue for anything I’d identify as a extreme R position? Comments or assistance in this regard might help some, I have a weak suggestion below … is that right?
So then, what in fact is the opposite number. Well, read the debate. What is the normal moderate Ratzinger state? It is one where the government realizes that the spiritual/moral/ethical life is *required* for a Democratic state to continue. What then is concluded? Just that therefore the members of that same state should find it natural to foster an environment where that life is encouraged and nurtured so that their society might prosper.
In some countries (very few in number) the religious beliefs of its constituents are predominantly of the same faith. This isn’t the case in Babylon, a community in which people from many nations, many people come together in one society. So the question at hand for those honestly participating in the H/R debate is to consider what these two states look like, for in fact they aren’t as different as one might pretend, the only difference is quite minor.
Both states (the moderate H and R) are by the thesis the argument are democratic. They have similar institutions, the only difference is that the H position holds that independent ethical/moral/spiritual (EMS) institutions are not required to keep the democratic regime functioning and the R position is that they are required. The extreme H position is that the EMS institutions, should be held at arms length, the moderate one that they should be given no advantage and not protected (the extreme straw man H position is that EMS institutions should be held as harmful and perhaps made illegal). The R extreme is that EMS institutions have legal standing and powers, the moderate R position is that that members of the society should realize that these institutions are essential, need to be protected, fostered, and nurtured and as noted, the extreme straw man R side is an actual not pretended theocracy.
So now that we have set the stage, …. the next essay might consider how this might affect our actual debates if cast from a moderate on moderate stances instead of straw man on moderate in either direction.
→ Leave a comment
Posted in Christian Ethics, Christian Philosophy, Christianity, Church and State, Cultural Commentary, Ethics, Philosophy, Policy