Law, Religion, and Putin’s Times Op-Ed

Law and religion is not at the very forefront of the rapidly changeable geo-political situation regarding Syria (though, as we have noted here, it is certainly in the immediate background). But somehow, some way, law and religion managed to make its way into Russian President Vladimir Putin’s New York Times editorial (which the Times decided to title, “A Plea for Caution From Russia“), printed on no less exceptional a date than September 11. After condemning “the language of force” (at least when used by the United States) and praising the newly emergent “growing trust” that marks his “working and personal relationship with President Obama,” Putin saw fit to throw a final rhetorical body-blow against American exceptionalism by deploying the language of law and religion:

I carefully studied [Obama’s] address to the nation on Tuesday. And I would rather disagree with a case he made on American exceptionalism, stating that the United States’ policy is “what makes America different. It’s what makes us exceptional.” It is extremely dangerous to encourage people to see themselves as exceptional, whatever the motivation. There are big countries and small countries, rich and poor, those with long democratic traditions and those still finding their way to democracy. Their policies differ, too. We are all different, but when we ask for the Lord’s blessings, we must not forget that God created us equal.

Tocqueville and Gobineau

It is fitting to end this series with a study of the exchanges between GobineauTocqueville and his younger friend and assistant, Arthur de Gobineau. For if Tocqueville was the explorer of the new age of democracy, Gobineau was the herald of a return to an age of aristocracy, if in an untraditional and modernized form.

Though little remembered now, Gobineau was a prolific and assiduous writer, known chiefly for his defense of racism, the Essai sur l’inégalité des races humaines (1853-55) (“Essay on the Inequality of the Human Races”). Eleven years younger than Tocqueville and, like him, the Essaiscion of a noble family (if a lesser one), Gobineau was probably introduced to Tocqueville by royalist friends of both. Whether or not they had met previously, the two men began a correspondence in 1843. The exchange resulted from an invitation the Académie des sciences morales et politiques had extended to Tocqueville in that year, to prepare a study on modern moral doctrines in order to establish what, if anything, was novel in them. Tocqueville sought to enlist the young Gobineau’s assistance in the project. The ensuing correspondence took, for Tocqueville, a surprising turn, as he found his deepest beliefs about the relationship of Christianity to modern society sharply challenged. Tocqueville abandoned the study in 1848, probably owing to the revolution of that year.

A second major round of correspondence took place beginning about a decade later, around the time of the appearance of Gobineau’s book on racial inequality. This new, illiberal orientation in Gobineau’s thought deeply disturbed Tocqueville, who told Gobineau frankly that he objected to its “fatalism” and its “materialism.” To other correspondents, Tocqueville complained that Gobineau’s “stud farm philosophy” expounded “dangerous thoughts . . . in a journalistic style.” See Françoise Mélonio, Tocqueville and the French 129 (Beth Raps trans. 1998). For his part, Gobineau exulted that the book had “struck the nerve of liberal ideas at its core.” Id.

Despite their basic differences, Tocqueville befriended Gobineau, launching him on a diplomatic career when Tocqueville became France’s Foreign Minister in 1849. Gobineau did not repay Tocqueville’s kindness: in his 1874 novel Les Pléiades, his used the character of Genevilliers to mock and satirize his benefactor. Mélonio at 128-30.

The interest and importance of the Tocqueville-Gobineau correspondence has been rightly emphasized by several scholars. See especially Aristide Tessitore, “Tocqueville and Gobineau on the Nature of Modern Politics,” 67 Review of Politics 631 (2005); see also Christian Bégin, “Tocqueville et la fracture religieuse,” 32 The Tocqueville Review/La Revue Tocqueville 167 (2011); Larry Siedentop, Tocqueville 96-106; 126-30 (1994); William A. Galston, “Tocqueville on Liberalism and Religion,” 54 Social Research 499 (1987). The historian John Lukacs has edited and translated most – though unfortunately not all – of the correspondence, and I shall use this translation. Alexis de Tocqueville, “The European Revolution” & Correspondence with Gobineau (John Lukacs ed. & trans. 1968).

The ultimate issues

The confrontation between Tocqueville and Gobineau was played out on at least two levels.

First, as of 1843, Gobineau “might best be described as a radical partisan of the Enlightenment project.” Tessitore at 632. Throughout his career, however, Tocqueville had argued that modern Western society was indebted to both the Enlightenment and Christianity, that the central doctrines of both movements were compatible, and that the tension between them was fruitful and beneficent, each correcting the flaws and excesses of the other. See id. at 639; 652; Galston at 502-04. The core principles of the Enlightenment, such as “the natural equality of men,” were also part of the patrimony of Christianity. See Alexis de Tocqueville, The Ancien Régime and the Revolution 21 (Bevan trans. 2008).

For Gobineau, the Enlightenment marks a revolutionary transformation in the West, ushering in a post-Christian era in which morality has come to rest on a wholly naturalistic foundation. See Tessitore at 641. For Tocqueville, by contrast, the coming of Christianity is the only true revolution that the West has yet seen, or may ever see. (The same thesis has been defended at length, but without reference to Tocqueville, in David Bentley Hart’s brilliant Atheist Delusions, cited earlier in this series.). There is, indeed, a radical discontinuity in the dominant ethos of the West; but this is the rupture between classical antiquity and the rise of Christianity, not between the Christian ages and the aftermath of the Enlightenment. True, the morality of the nineteenth century differs significantly from that of the pre-Enlightenment period, notably with regard to the importance of political action and the recognition of life’s material needs. But these changes, Tocqueville insists, merely reflect the development of Christian morality over long stretches of time and its adaptation to new circumstances. They do not constitute evidence of the dominance of a radically de-christianized ethos. See Tessitore at 636; 644-45; 648; Galston at 505-08.

Second, Gobineau’s view of modern morality in the early 1840s laid the foundation for his later teaching about human inequality.

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“Law and the Bible: Justice, Mercy and Legal Institutions,” Cochran and VanDrumen (eds.)

This October, InterVarsity Press will publish Law and the Bible: Justice, Mercy and2573 Legal Institutions edited by Robert F. Cochran (Pepperdine University) and David VanDrunen (Westminster Seminary California). The publisher’s description follows.

The Bible is full of law.

Yet too often, Christians either pick and choose verses out of context to bolster existing positions, or assume that any moral judgment the Bible expresses should become the law of the land. Law and the Bible asks: What inspired light does the Bible shed on Christians’ participation in contemporary legal systems? It concludes that more often than not the Bible overturns our faulty assumptions and skewed commitments rather than bolsters them. In the process, God gives us greater insight into what all of life, including law, should be.

Each chapter is cowritten by a legal professional and a theologian, and focuses on a key aspect of the biblical witness concerning civil or positive law–that is, law that human societies create to order their communities, implementing and enforcing it through civil government. A foundational text for legal professionals, law and prelaw students, and all who want to think in a faithfully Christian way about law and their relationship to it.