Malum in se: Do not comply with “secular sharia”

Anthony Esolen writing on the degree to which a Christian must submit to the law or the state.

He calls the law secular sharia.

But really sharia would be much better, because, in sharia law I would at least find a governing authority whose thinking I respected.

Islam is not my religion, but I understand and respect its demands. The pornocracy I hold in utter contempt.

“For Thomas, as opposed to Augustine, the state is not simply a necessary evil, something we have to endure because we are sinners who would otherwise pitch ourselves into bloodshed and riot.  When man uses right reason to order his affairs on earth, he is actually participating in God’s providential governing of the world.  Now that, I think, is a fruitful position to take.  It does render unto Caesar what is Caesar’s, granting to the secular powers a legitimate sphere of action, while subordinating that action to the common good.  And, since the common good is a human good, it cannot be conceived apart from what makes man good in himself; so the ultimate object of the lawgiver, says Thomas, is to make his subjects good.  That does not mean blessed; he cannot take one tiny step towards accomplishing that.  But he can encourage them, by law and example and custom, to become more temperate, braver, wiser, and more just.  It is a noble calling, which the lawgiver cannot fulfill unless he acknowledges the limits of his rights.  That is, Caesar receives what is Caesar’s due, when Caesar acknowledges that God must receive God’s due…..

…Them’s fighting words now — or I wish they were.  But what do you do when the state does not know what it is and what it is for, and flattens the legitimate societies beneath it, including the family?  Well, Thomas gives us two ways in which laws may be unjust.  The first way is divided, as is typical of the medieval summa, into three subordinate ways: the law may be unjust because the wrong authority has enacted it (which may be the case in California, though I have heard arguments defending the judge’s interpretation of the foolish law), because it was enacted with no thought for the common good (for instance, as when a tyrant or a tyrannical faction uses public means for private ends), or because it distributes rewards and burdens inequitably (as when the publican takes half of the middle class contractor’s next dollar). 

The second way a law may be unjust is if it commands what is malum in se, evil in itself. For instance, a law that overrides the natural right of parents to educate their children is demanding, of its enforcers, actions that are evil in themselves.  Or a law that would require all citizens to expose their children to pornography — say, the popular bit of pornoganda, Angels in America, now returning to public schools in Illinois; that too would be evil in itself.  Such laws, says Thomas, are not laws at all; they do not have the character of lex — meaning that which justly binds the conscience.  They are violences, he says.”

A Real History Of Conservativism..

Ah. At last, some truth in advertising.  Clyde Wilson at LRC brushes off some forgotten conservatives and sets them down against what passes for conservatism today. May he find some more of these old codgers and create an alternative line of descent for modern conservatives without a taste for bullying and bribing the world.

“The true conservatives have been those who wanted to let the American people alone and not hector and dragoon them into schemes of “progress” and foreign entanglement.

Conservatism, for us, has been a powerful and eloquent train of thinkers who have opposed the Hamilton/Lincoln regime of state-capitalism and the Roosevelt/Bush/Irving Kristol agenda of “global democracy.” Our conservatism stands strongly contra to the historic Republican party and to “neoconservative” imperialism. In this we are not so much out-of-step as some may think. Russell Kirk, “the father of modern conservatism,” considered Alexander Hamilton to be no conservative but rather a dubious “innovator.” And more than once Kirk lamented that “the conservative disposition” in the United States has too often been misunderstood by identifying it with rent-seeking behaviour.

As we have tried to show, many of the great figures of American literature – James Fenimore Cooper, H.L. Mencken, William Faulkner – fit well into our scheme of true American conservatism. The thinkers Dr. McClanahan and I have presented are perhaps not so much forgotten as they are unheeded, but they are all good men who have warned tellingly of the march toward the regime of regimentation and exploitation that is now established.”

Edward Feser On The Necessity Of Burke To Libertarians

Edward Feser:

“It is the Burkean tradition – conservative, religious, celebrating deference and restraint and contemptuous of the “dust and powder of individuality” – to which Hayek points as providing both the true philosophical foundations of market society and the only hope of its renewal. Burke, along with Locke and the thinkers of the Scottish Enlightenment, represented in Hayek’s mind a “true individualism” which emphasizes ordered liberty and what the Catholic tradition would call subsidiarity, and has no truck with the radically autonomous self of contemporary egalitarian liberalism and popular libertarianism.”

I am not sure that I fully subscribe to this, but it would be an interesting project to explore strains in Burke’s thought compatible with libertarianism, understood as minarchist or anarcho-capitalist (a position that as it stands today I think an impossibility).