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The Clash of Orthodoxies: Law, Religion, and Morality in Crisis

The Clash of Orthodoxies: Law, Religion, and Morality in Crisis

by Robert P. George, Tracy Lee Simmons, John J. Dilulio (Foreword by)

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It is a common supposition among many of our cultural elites that a constitutional "wall of separation” between church and state precludes religious believers from bringing their beliefs to bear on public matters. This is because secular liberals typically assume that their own positions on morally charged issues of public policy are the fruit of pure reason, while


It is a common supposition among many of our cultural elites that a constitutional "wall of separation” between church and state precludes religious believers from bringing their beliefs to bear on public matters. This is because secular liberals typically assume that their own positions on morally charged issues of public policy are the fruit of pure reason, while those of their morally conservative opponents reflect an irrational religious faith. In The Clash of Orthodoxies: Law, Religion, and Morality in Crisis, Princeton political theorist Robert P. George shows that this supposition is wrong on both counts.
Challenging liberalism's claim to represent the triumph of reason, George argues that on controversial issues like embryonic stem-cell research, abortion, euthanasia, homosexuality, and same-sex marriage, traditional Judeo-Christian beliefs are actually rationally superior to secular liberal alternatives. Drawing on the natural law philosophical tradition, George demolishes various secularist pretenses, such as the notion that the very young and very old among us are somehow subpersonal and not worthy of full legal protection. He reveals the dubious person-body dualism implicit in secularist arguments, and he demonstrates the flawed reasoning behind the idea that the state ought to be neutral regarding competing understandings of the nature and value of marriage. George also revisits the controversy surrounding his participation in the First Things "End of Democracy?” symposium, in which he considered the relevance of Catholic teachings regarding the legitimacy of political regimes to the contemporary American situation. George argues that because natural law and natural rights doctrine lie at the foundation of the American republic, the judicial reading of the Constitution that has undermined democracy in order to enshrine the secularist agenda is deeply flawed.
In advancing his thesis, George argues for a return to old-fashioned liberalism, a worldview that he claims is best exemplified by Pope John Paul II, whose teachings laud
democracy, religious liberty, and economic freedom while also recognizing the demands of civil rights, social and economic justice, and the principle of subsidiarity. These demands restrain Catholics—and indeed all people of faith—from making personal freedom an absolute, and George takes to task those political leaders who, though believers, have denied or ignored the political responsibility this entails.
The Clash of Orthodoxies is a profoundly important contribution to our contemporary national conversation about the proper role of religion in politics. The lucid and persuasive prose of Robert George, one of America's most prominent public intellectuals, will shock secular liberals out of an unwarranted complacency and provide
powerful ammunition for embattled defenders of traditional morality.
Robert P. George is McCormick Professor of Jurisprudence and Director of the James Madison Program in American Ideals and Institutions at Princeton University. He is a former Presidential Appointee to the United States Commission on Civil Rights, and he served as a Judicial Fellow at the Supreme Court of the United States, where he received the 1990 Justice Tom C. Clark Award. A graduate of Swarthmore College and Harvard Law School, Professor George earned his doctorate in legal philosophy from Oxford University. His earlier books include Making Men Moral: Civil Liberties and Public Morality (Oxford University Press, 1993) and In Defense of Natural Law (Clarendon Press, 1999).
John DiIulio is Special Assistant to the President and Director of the White House Office of Faith Based and Community Initiatives.

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The Clash Of Orthodoxies

Law, Religion, and Morality in Crisis

By Robert P. George

ISI Books

Copyright © 2001 Intercollegiate Studies Institute
All rights reserved.
ISBN: 978-1-4976-5143-2



(Including an exchange with Josh Dever)

A FEW YEARS AGO, the eminent Harvard political scientist Samuel Huntington published in Foreign Affairs a widely noted article called "The Clash of Civilizations." Looking at contemporary international relations from a geopolitical vantage point, he predicted a clash of the world's major civilizations: the West, the Islamic world, and the Confucian East. Huntington's article provoked a response from one of his own most brilliant former students—Swarthmore's James Kurth. In an article in the National Interest entitled "The Real Clash," Kurth argued persuasively that the clash that is coming—and that has, indeed, already begun—is not so much among the world's great civilizations as it is within the civilization of the West, between those who claim the Judeo-Christian worldview and those who have abandoned that worldview in favor of the "isms" of contemporary American life—feminism, multiculturalism, gay liberationism, lifestyle liberalism—what I here lump together as a family called "the secularist orthodoxy."

This clash of worldviews is sometimes depicted (though not by Professor Kurth) as a battle between the forces of "faith" and those of "reason." I propose to challenge this depiction in a particular and fundamental way. I shall argue that the Christian moral view is rationally defensible. Indeed, my claim is that Christian moral teaching can be shown to be rationally superior to orthodox secular moral beliefs.

In defending the rational strength of Christian morality, I do not mean either to denigrate faith or to deny the importance—indeed, the centrality— of God's revealed Word in the Bible, or of sacred Christian tradition. My aim is to offer a philosophical defense of Christian morality; and to put forward a challenge to the secularist worldview that has established itself as an orthodoxy in the academy and other elite sectors of Western culture.

FIRST, let's get clear what is at stake in the conflict between Christian (and Jewish and to a large extent Islamic) morality and the secularist orthodoxy. The issues immediately in play have mainly, though not exclusively, to do with sexuality, the transmitting and taking of human life, and the place of religion and religiously informed moral judgment in public life.

According to the secularist orthodoxy, a child prior to birth—or some other marker event sometime before or soon after birth, such as the emergence of detectable brainwave function or the acquisition of self-awareness—has no right not to be killed at the direction of its mother, no right, at least, that the law may legitimately recognize and protect. At the other edge of life, orthodox secularists believe that every individual has a right to commit suicide and to be assisted in committing suicide, should that person, for whatever reasons, prefer death to life.

In short, secularism rejects the proposition central to the Judeo-Christian tradition of thought about issues of life and death: that human life is intrinsically, and not merely instrumentally, good and therefore morally inviolable. It rejects traditional morality's condemnation of abortion, suicide, infanticide of so-called defective children, and certain other life-taking acts.

The secularist orthodoxy also rejects the Judeo-Christian understanding of marriage as a bodily, emotional, and spiritual union of one man and one woman, ordered to the generating, nurturing, and educating of children, marked by exclusivity and permanence, and consummated and actualized by acts that are reproductive in type, even if not, in every case, in fact. Marriage, for secularists, is a legal convention whose goal is to support a merely emotional union— which may or may not, depending upon the subjective preferences of the partners, be marked by commitments of exclusivity and permanence, which may or may not be open to children depending on whether partners want children, and in which sexual acts of any type mutually agreeable to the partners are perfectly acceptable.

As any type of mutually agreeable consensual sexual act is considered as good as any other, secularist orthodoxy rejects the idea, common not only to Judaism and Christianity but to the world's other great cultures and religious traditions, that marriage is an inherently heterosexual institution. According to secularist orthodoxy, same-sex "marriages" are no less truly marriages than those between partners of opposite sexes who happen to be infertile.

And orthodox secularism, consistent with its view of what marriage is, declines to view marriage as the principle of rectitude in sexual conduct. So orthodox secularists reject as utterly benighted the notion that sex outside of marriage is morally wrong. For them, what distinguishes morally good from bad sex is not whether it is marital, but, rather, whether it is consensual. The consent of the parties involved (or, as in the case of adultery, other parties with a legitimate interest) is the touchstone of sexual morality. So long as there is no coercion or deception involved, orthodox secularism proposes no ground of moral principle for rejecting premarital sex, promiscuity, "open" marriage, etc.

It is not that all secularists believe that sexual passions should be completely unrestrained; it is rather that they conceive constraints on sexual activity other than the principle of consent as merely prudential in nature rather than moral. For example, secularists may counsel against promiscuity, but will do so not on the moral ground that it damages the integrity of people who engage in it, but rather on the prudential ground that it courts disease, unwanted pregnancy, and general unhappiness—which of course it does. To the extent, however, that "safe-sex" techniques can reduce the risk of these and other bad consequences of promiscuity, orthodox secularism proposes no ground for avoiding it.

ON the question of the place of religion and religiously informed moral judgment in public life, orthodox secularism stands for the strict and absolute separation of not only church and state, but also faith and public life: no prayer, not even an opportunity for silent prayer, in public schools; no aid to parochial schools; no displays of religious symbols in the public square; no legislation based on the religiously informed moral convictions of legislators or voters.

Here secularism goes far beyond the views shared by most Americans: namely, that everyone should enjoy the right to be free from coercion in matters of religious belief, expression, and worship; that people should not suffer discrimination or disabilities under civil law based on their religious beliefs and affiliations; and that government should be evenhanded in its treatment of religious groups. Secularism aims to privatize religion altogether, to render religiously informed moral judgment irrelevant to public affairs and public life, and to establish itself, secularist ideology, as the nation's public philosophy.

Orthodox secularism promotes the myth that there is only one basis for disbelieving its tenets: namely, the claim that God has specially revealed propositions contrary to these tenets. Most orthodox secularists would have us believe that their positions are fully and decisively vindicated by reason and therefore can be judged to have been displaced only on the basis of irrational or, at least, nonrational faith. They assert that they have the reasonable position; any claims to the contrary must be based on unreasoned faith. Secularists are in favor of a "religious freedom" that allows everyone to believe as he wishes, but claims based on this "private faith" must not be the grounds of public policy. Policy must be based on what secularists have lately come to call "public reason."

INTERESTINGLY, there have been two different lines of response by religious people to this myth promoted by orthodox secularism. Some concede that religious and even moral judgments depend on faith that cannot be rationally grounded, but they argue that secularism itself is based on a nonrational faith, that secularism must, in the end, also rest on metaphysical and moral claims that cannot be proved. In that way, they suggest, secularism is just like religion, and is not entitled to any special standing that would qualify it as the nation's public philosophy. In fact, its standing would be less than that of the Judeo-Christian tradition, since it is not the tradition upon which the country was founded. On this account, secularism itself is a sectarian doctrine and, as such, is incapable of fulfilling its own demands of being accessible to "public reason."

A second response by people of faith to the myth promoted by orthodox secularism is to affirm the demand for public reasons for public policies and offer to do battle with secularism on the field of rational debate. Those who take this view tend to agree that secularism is itself a sectarian doctrine, but they claim that religious faith, and especially religiously informed moral judgment, can be based upon and defended by appeal to publicly accessible reasons. Indeed, they argue that sound religious faith and moral theology will be informed, in part, by insight into the authentic and fully public reasons provided by principles of natural law and natural justice.

These principles are available for rational affirmation by people of good will and sound judgment, even apart from their revelation by God in the Scriptures and in the life, death, and resurrection of Christ. Based on this view, it is possible for Christians to join forces with believing Jews, Muslims, and people from other religious traditions who share a commitment to the sanctity of human life and to other moral principles.

These two distinct lines of response to orthodox secularism are not entirely incompatible. They agree that secularism itself is a sectarian doctrine with its own metaphysical and moral presuppositions and foundations, with its own myths, and, one might even argue, its own rituals. It is a pseudo-religion. Christians can also agree that orthodox secularism is caught in a dilemma. By defining "public reason" stringently enough to exclude appeals to natural law principles, secularism will make it impossible for its own proponents to meet its demand for public reasons. If, on the other hand, it loosens the definition of public reasons sufficiently to pass its own test, it will not be able to rule out principles of natural law, natural rights, or natural justice, as in "We hold these truths to be selfevident, that all men are created equal, that they are endowed by their Creator with certain inalienable rights, and that among these are life, liberty, and the pursuit of happiness"—appeals to "the laws of nature and nature's God."

Both religious responses I have outlined deny that reason vindicates secularist morality. The first, however, denies that reason can identify moral truths, content with the claim that secularism is no more rational than, say, Christian belief. The second, by contrast, accepts the proposition that reason can and should be used to identify moral truths, including truths of political morality, but claims that Judeo-Christian morality is rationally superior to the morality of orthodox secularism. As already noted, this is my own position.

LET'S take the central issues of life and death. If we lay aside all the rhetorical grandstanding and obviously fallacious arguments, questions of abortion, infanticide, suicide, and euthanasia turn on the question of whether bodily life is intrinsically good, as Judaism and Christianity teach, or merely instrumentally good, as orthodox secularists believe.

If the former, then even the life of an early embryo or a severely retarded child or a comatose person has value and dignity. Their value and dignity are not to be judged by what they can do, how they feel, how they make us feel, or what we judge their "quality" of life to be. Their value and dignity transcend the instrumental purposes to which their lives can be put. They enjoy a moral inviolability that will be respected and protected in any fully just regime of law.

If bodily life is, as orthodox secularists believe, merely a means to other ends and not an end in itself, then a person who no longer gets what he wants out of life may legitimately make a final exit by suicide. If he is unable to commit suicide under his own power, he is entitled to assistance. If he is not lucid enough to make the decision for himself, then judgment must be substituted for him by the family or by a court to make the "right to die" effectively available to him.

Secularists would have us believe that, apart from special revelation, we have no reason to affirm the intrinsic goodness and moral inviolability of human life. That simply isn't true. In fact, the secularist proposition that bodily life is merely instrumentally good entails a metaphysical dualism of the person and the body that is rationally untenable.

Implicit in the view that human life is merely instrumentally and not intrinsically valuable is a particular understanding of the human person as an essentially non-bodily being who inhabits a nonpersonal body. According to this understanding—which contrasts with the Judeo-Christian view of the human person as a dynamic unity of body, mind, and spirit—the "person" is the conscious and desiring "self" as distinct from the body which may exist (as in the case of pre- and post-conscious human beings) as a merely "biological," and, thus, sub-personal, reality. But the dualistic view of the human person makes nonsense of the experience all of us have in our activities of being dynamically unified actors—of being, that is, embodied persons and not persons who merely "inhabit" our bodies and direct them as extrinsic instruments under our control, like automobiles. We don't sit in the physical body and direct it as an instrument, the way we sit in a car and make it go left or right.

THIS experience of unity of body, mind, and spirit is itself no mere illusion. Philosophical arguments have undermined any theory that purports to demonstrate that the human being is, in fact, two distinct realities, namely, a "person" and a (sub-personal) body. Any such theory will, unavoidably, contradict its own starting point, since reflection necessarily begins from one's own conscious awareness of oneself as a unitary actor. So the defender of dualism, in the end, will never be able to identify the "I" who undertakes the project of reflection. He will simply be unable to settle whether the "I" is the conscious and desiring aspect of the "self," or the "mere living body." If he seeks to identify the "I" with the former, then he separates himself inexplicably from the living human organism that is recognized by others (and, indeed, by himself) as the reality whose behavior (thinking, questioning, asserting, etc.) constitutes the philosophical enterprise in question. And if, instead, he identifies the "I" with that "mere living body," then he leaves no role for the conscious and desiring aspect of the "self" which, on the dualistic account, is truly the "person." As a recent treatment of the subject sums up the matter, "person" (as understood in dualistic theories) and "mere living body" are "constructs neither of which refers to the unified self who had set out to explain his or her own reality; both of them purport to refer to realities other than that unified self but somehow, inexplicably, related to it." In short, "person/body dualisms" purport to be theories of something, but cannot, in the end, identify something of which to be the theory.

From these arguments one rationally concludes that the body, far from being a nonpersonal and indeed sub-personal instrument at the direction and disposal of the conscious and desiring "self," is irreducibly part of the personal reality of the human being. It is properly understood, therefore, as fully sharing in the dignity—the intrinsic worth—of the person and deserving the respect due to persons precisely as such.

A comatose human being is a comatose person. The early embryo is a human being and, precisely as such, a person—the same person who will be an infant, a toddler, an adolescent, an adult. The genetically complete, distinct, dynamically unified, self-integrating human organism that we currently identify as, say, the sixty-three-year-old Father Richard John Neuhaus is the same organism, the same human being—the same person—who was once a twenty-eight-year-old civil rights and anti-war activist, a precocious sixteen-year-old high school student, a mischievous adolescent, a toddler, an infant, a fetus, an embryo. Although he has grown and changed in many ways, no change of nature (or "substance") occurred as he matured—with his completeness, distinctness, unity, and identity fully intact—from the embryonic through the fetal, infant, child, and adolescent stages of his development, and finally into adulthood. He was a human being—a whole, living member of the species Homo sapiens—from the start. He did not become a human being sometime after he came to be; nor will he cease being a human being prior to his ceasing to be (i.e., his dying). In view of these facts, it is evident that the central ground of the secularist defense of abortion, infanticide, suicide, and euthanasia is decisively undercut. And it is undercut, not by appeal to revelation, as important as revealed truth is to the life of faith, but by engagement directly with the best arguments that secularists make on the very plane in which they make them.


Excerpted from The Clash Of Orthodoxies by Robert P. George. Copyright © 2001 Intercollegiate Studies Institute. Excerpted by permission of ISI Books.
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