Tocqueville and Habermas

After their decisive victory over a larger Austrian force in the Battle of Leuthen (1757), the soldiers of the Prussian Army broke out spontaneously in the great Lutheran hymn, Nun danket alle Gott – “Now thank we all our God.” The Prussian King, Frederick the Great, listened in astonishment. A free thinker, friend of Voltaire, and a “benevolent” Enlightenment despot, the Great King exclaimed: Mein Gott! Welche Kraft hat die Religion – “My God! How much power religion has!”

Jűrgen Habermas

Another German free thinker and heir to the Enlightenment seems recentlyHabermas to have made a similarly startling discovery. I refer to the widely renowned German philosopher and public intellectual Jűrgen Habermas. For much of his career, Habermas identified himself as a staunch defender of Enlightenment rationality, the anointed successor of Immanuel Kant. His account of liberal, democratic constitutionalism assumed only secular foundations, and deliberately excluded any reference to the authority of religion. But in recent years, Habermas has veered away from that course; his stance toward religion has changed. First, he has come to accept that religion, even in the West, is not going away – at least not soon. Second, he is prepared, albeit tentatively, to recognize a role for religion to play in public, political discourse. Indeed, he even entertains the thought that “philosophy,” or secular reason, will engage in a colloquy with “theology” and revealed religion.

Reflecting this change of heart, Habermas, as guest of the Catholic Academy of Bavaria, engaged then-Cardinal Josef Ratzinger in debate in Munich in 2004. Habermas’ address has been published as “Prepolitical Foundations of the Constitutional State?” in Jűrgen Habermas, Between Naturalism and Religion: Philosophical Essays (Ciaran Cronin trans. 2012). Subsequently, in 2007, Habermas debated four Jesuit theologians, again in Munich, in 2007. His remarks on this occasion have been published as Jűrgen Habermas, An Awareness of What is Missing: Faith and Reason in a Post-Secular Age (Ciaran Cronin trans. 2010). In a short, penetrating essay entitled “Does Reason Know What It Is Missing” (New York Times, April 12, 2010), the distinguished literary theorist, public intellectual and deconstructionist Stanley Fish reviewed and criticized Habermas’ position in these debates.

Habermas’ later thoughts on religion and politics are relevant to this series for several reasons. First, it is interesting and instructive to compare the ideas of this early twenty-first century thinker with those of de Tocqueville. Tendencies in modern, democratic society whose first stirrings Tocqueville discerned have had almost two intervening centuries in which to work themselves out. In particular, secularization has become far more pervasive. But second and no less important, Habermas’ thinking sheds light on the question raised in my last posting: whether democracy can survive and flourish, despite the perceptible deepening and entrenchment of social and economic inequalities, if Western society is radically de-christianized? The bare fact that a thinker of Habermas’ repute considered it timely and important to raise the question of “prepolitical,” religious foundations for the liberal-democratic, “constitutional” State suggests that there may, indeed, be a possible need here that only religion can serve. Moreover, Tocqueville himself gave attention to the question that Habermas poses, albeit in a less systematic and focused way.

There is, I believe, a particular point of contact between Habermas and Tocqueville in the latter’s correspondence with his friend and assistant Arthur de Gobineau (whom we have briefly encountered earlier in this series). In that correspondence, Tocqueville comes closest to giving us his answer to the question whether modern Western democracy presupposes Christianity. That correspondence will be the centerpiece of my next and final posting.

Habermas on the prepolitical foundations of the constitutional State

A longstanding project of Habermas has been to provide a nonreligious, “post-metaphysical” justification of the normative foundations of constitutional democracy. He finds this type of justification in “political liberalism,” more especially in the form of “Kantian republicanism.” Prepolitical Foundations at 102. While acknowledging antecedents in Christian theology, Habermas insists that “the form of state power that remains neutral toward different worldviews ultimately derives from the profane sources of seventeenth- and eighteenth-century philosophy.” Id. Unlike Tocqueville, then, who sees the normative foundations of political liberalism as rooted in both Christian and Enlightenment thought, Habermas locates those foundations solely, or at least primarily, in the Enlightenment. (Habermas’ resistance to giving full recognition to Christianity’s historic role in shaping the modern liberal-democratic State recalls the long debate over whether the Preamble of the Draft Treaty establishing a Constitution for Europe should include a reference to God or Christianity. In the end, it did not. See Srdjan Cvijic and Lorenzo Zucca, Does the European Constitution need Christian Values?, 24 Oxford Journal of Legal Studies 739 (2004) (discussing J.H.H. Weiler, Un’ Europa Cristiana: un saggio explorativo (2002))).

The core of Habermas’ justificatory strategy is to base the legitimacy of the decision-making of the liberal, democratic state on an open, inclusive process of public communication, argument and reflection in which citizens engage on equal terms.

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Reflections from the City of God: On the Miseries of Just War

I am blessed to be on sabbatical this semester. In addition to beginning several City of Mennew writing projects, I thought it might be good to take on some meaty reading projects. One of these projects will be to read through St. Augustine’s City of God and to become familiar with some of the secondary literature related specifically to his political thought (the project is not purely a private one–future students in my spring Professional Responsibility course, take note!). In connection with that project, I hope to post a weekly reflection from the City of God that is relevant to some law and religion issue of current moment.

I’m confident that I will say nothing original about Augustine’s political thought. Indeed, I am sure that many readers of this blog will know much more about Augustine than I will learn in these few months and well beyond that. But because I have been enjoying greatly what I have read so far, and because what I have read relates in various ways to many of the questions we consider at the Center for Law and Religion, and because it may be a pleasure for readers to see some of Augustine’s words again before their eyes (and a pleasure for me to re-write them), and simply for the joy that comes in replowing well-tilled fields, I thought to give it a try. Those of our readers who are Augustine scholars or otherwise knowledgeable: please let me know in the comments what secondary literature I ought to be reading. I am reading the Marcus Dods translation (would that I could read it in Latin, but as Dods–writing in 1871–said, “[T]here are not a great many men nowadays  who will read a work in Latin of twenty-two books”).

Here is a passage from of the famous Book XIX on the miseries of war, including of just war:

But the imperial city has endeavored to impose on subject nations not only her yoke, but her language, as a bond of peace, so that interpreters, far from being scarce, are numberless. This is true; but how many great wars, how much slaughter and bloodshed, have provided this unity! And though these are past, the end of these miseries has not yet come. For though there have never been wanting, nor are yet wanting, hostile nations beyond the empire, against whom wars have been and are waged, yet, supposing there were no such nations, the very extent of the empire itself has produced wars of a more obnoxious description–social and civil wars–and with these the whole race has been agitated, either by the actual conflict or the fear of a renewed outbreak. If I attempted to give an adequate description of these manifold disasters, these stern and lasting necessities, though I am quite unequal to the task, what limit could I set? But, say they, the wise man will wage just wars. As if he would not rather lament the necessity of just wars, if he remembers that he is a man; for if they were not just he would not wage them, and would therefore be delivered from all wars. For it is the wrongdoing of the opposing party which compels the wise man to wage just wars; and this wrongdoing, even though it gave rise to no war, would still be matter of grief to man because it is man’s wrongdoing. Let everyone, then, who thinks with pain on all these great evils, so horrible, so ruthless, acknowledge that this is misery. And if anyone either endures or thinks of them without mental pain, this is a more miserable plight still, for he thinks himself happy because he has lost human feeling.

One striking feature of this paragraph is the ubiquity of misery in all matters related to war. The misery not only of the initial wrongdoing that leads to war, and not only of war itself, but also of the waging of just war in response to (in fact, ‘compelled’ by) the existence of miserably wrongful conduct.

Christians, American and Syrian

President Obama’s astonishing decision to reverse course and seek congressional authorization for military action in Syria has given Americans an opportunity to think about the situation a bit more. One important consideration is the fate of Syria’s Christians. This group, which numbers in the millions, has consistently opposed outside military action against Assad. Not only do Christians deplore the suffering an American missile strike would bring, they also worry about anything that would tend to benefit Islamists in the opposition. Assad is a brutal dictator, but most Syrian Christians would rather take their chances with him than risk Islamist government. A dictator, as Samuel Tadros wrote recently, can sometimes be bought off. With the Islamists, there’s no chance.

Yet the debate taking place in the United States this week virtually ignores the impact an American campaign would have on Syria’s Christians. A couple of commentators, like Philip Jenkins and Rod Dreher, have raised the issue, as has Senator Rand Paul. But most politicians and pundits apparently don’t care to address the subject. The fate of millions of people doesn’t figure in the national conversation. Why is that?

There are two reasons. First, it’s a matter of realpolitik. A small and shrinking minority, Mideast Christians can do little to advance American interests. So the American foreign policy establishment ignores them. This is hardly new; the US declined to accept a mandate for Armenian Christians 100 years ago, and the Bush Administration seemed largely indifferent to the fate of Iraq’s Christians during the recent occupation. Besides, American foreign policy elites are quite secular and uncomfortable with religious identity. Seeing Christians as sympathetic victims doesn’t come naturally to them.

Second, Mideast Christians lack a powerful lobby in the US. American Christians could form such a lobby, of course, but they tend not to identify with their co-religionists in the Mideast. Although Christianity was born in the Middle East—in Syria, Christianity dates to biblical times –to most American Christians, Mideast Christians seem quite foreign, theologically and culturally. An Evangelical in Minnesota probably feels he has more in common culturally with a secular Jew from Tel Aviv than a Syriac Orthodox Christian from Tur Abdin. And, indeed, American Christians are much more likely to view Israelis as their proxies in the Middle East. Just yesterday, a congressman from a conservative Georgia district told constituents that he would oppose an American campaign in Syria unless he believed the Assad regime posed a threat to Israel.

Moreover—and I confess have no way to prove this, it’s just a hunch—even those American Christians who do feel an affinity for Mideast Christians might be uncomfortable lobbying for them as Christians. For some of these American Christians, it’s a matter of religious conviction: Christianity means that one should not favor one’s own. “We don’t help people because they’re Christians,” someone once told me, “but because we’re Christians.” For others, it’s a matter of civic loyalty. Some American Christians may feel it’s illegitimate to take a public policy position on the basis of a shared religious identity. These Christians might believe that, as Americans, they shouldn’t oppose a war because of the possible effect on their “favorites” in the target country. American interests should take priority.

These are complicated questions, and I probably shouldn’t address them in a short post, but here goes. In my view, neither of these concerns should discourage American Christians from speaking out on behalf of their co-religionists in Syria. From a Christian perspective, Christians do owe special duties to other Christians, at least in some circumstances. The church, St. Paul said, is one body; Christians are supposed to be in communion with each other, as well as with God. I don’t mean that charity is limited to Christians or that the church should always put Christians first; of course not. The parable of the Good Samaritan strongly suggests the contrary. But Christians surely can show special care for other Christians who are in very serious trouble. And Syria’s Christians—like Egypt’s Christians—are in very serious trouble.

As to the second concern, the vaguely Rawlsian idea that people should put aside religious commitments when they take a position on a potential military strike—well, there are many responses, but I’ll just give two. First, it’s not at all clear that a military strike, which likely will benefit Islamists in the opposition, is in America’s interest. Second, the Rawlsian objection reflects an entirely unrealistic understanding of how the world works. In a pluralistic society, people have multiple commitments–religious, ethnic, ideological, familial—that cut across national borders. Everyone knows these commitments influence people’s decisions about foreign policy. African-Americans cared deeply about US policy with respect to South African apartheid in the 1980s and care deeply about US policy in Africa today; Americans Jews care deeply about US policy toward Israel; American Muslims care deeply about US policy toward Palestine; and so on. Should Christians alone check their commitments at the door? Should they alone be embarrassed to raise the dire situation of co-religionists in other countries? Where’s the sense in that?

At this writing, it’s unclear what Congress and the President will decide about a military strike in Syria. The dire situation of Syria’s Christians should be a factor in the decision.

Tocqueville’s America and Ours

The County Election (1852)

The “democracy” that Tocqueville observed in the United States was a pervasive social condition, not simply a matter of political or legal equality. Indeed, he opened Democracy in America by saying that “[o]f all the novel things which attracted my attention during my stay in the United States, none struck me more forcibly than the equality of social conditions.” The “extraordinary influence” of “this fundamental fact” shaped both “civil society” and “political customs and laws.” Democracy at 11.

Tocqueville is sometimes misrepresented as opposing liberty to equality. The fact is that he was a partisan of both. In the chapter immediately succeeding his analysis of soft despotism (which he called a “Continuation” of the latter), he says unequivocally that “all those who now wish to found or guarantee the independence and dignity of their fellows should show themselves friends of equality.” Preventing democracy from slipping into despotism is a question, he says, of “drawing freedom from within the democracy in which God has placed us.” Id. at 809. True, he acknowledges that “[e]quality introduces into men’s minds several tendencies which are a danger to liberty.” Id. at 813. But he holds the “firm belief” that “the dangers imposed by the principle of equality upon human independence” are “not insurmountable.” Id. at 817. Inequality, no less than equality, may pose a danger to liberty in a democracy.

Democracy and social equality

Tocqueville observed social equality everywhere in America. In a short section of Volume I of Democracy entitled “Remains of the Aristocratic Party in the United States” (Vol. I, Pt. ii, ch. 2), Tocqueville invites his readers to consider the situation of “the wealthy man,” “this opulent citizen.” “Within the four walls of his house he adores luxury; he invites only a few chosen guests.” But in public, “[h]is clothes are simple and his demeanor is modest.” When “he emerges from home to make his way to work . . . everyone is free to accost him. On the way, his shoemaker might pass by and they stop; both then begin to chat. What can they say? These two citizens are concerned with affairs of state and will not part without shaking hands.” True, the rich feel “a deep distaste” for their country’s democratic institutions, and “both fear and despise” the people. But they bow before the force of democratic social conventions. Democracy at 208-09.

Elsewhere Tocqueville describes the manner of Americans towards one another as “natural, open, and unreserved.” “In America, where privileges of birth have never existed and where wealth grants no particular right to its owner, strangers readily congregate in the same places and find neither danger nor advantage in telling each other freely what they think . . . . [T]here is practically nothing that they expect or fear from each other and they make no more effort to reveal than to conceal their social position.” Id. at 656.

Fishtown and Belmont

It would be unrealistic to think of America in such terms nowadays. Consider Charles Murray’s recent work, Coming Apart: The State of White America, 1960-2010 (2012). Murray argues that America is “coming apart at the seams – not seams of race or ethnicity, but of class” (id. at 12). The white working class, he contends, has become estranged from the nation’s “founding virtues” of “industriousness, honesty, marriage, and religiosity” (id. at 131). Basing his Read more

Tocqueville on Pantheism: Part II

Tocqueville thinks that democracy tends toward a metaphysics of pantheism, and urges noble natures living in a democracy to resist that tendency fiercely. Pantheism is suited to democracy because it captures democracy’s ambivalences. Pantheism both deifies and trivializes the human person. It equates the individual ego with the universe, but also shrinks the ego to an infinitesimal point. It exalts individuality, but also merges it into the totality of things. Pantheism liberates by announcing that the realm of possibility is unlimited, but oppresses by subjecting all things to necessity. It denies original sin, thus opening endless vistas for human action, but it also denies human agency, thus making action impossible.

Perhaps that is why Tocqueville followed his chapter on pantheism with another short chapter entitled “How Equality Suggests to Americans the Idea of the Perfectibility of Man” (Democracy in America, Vol. II, Pt. I, ch. 8) (Bevan trans.). If man is at least latently divine, why should he not strive fully to realize that divinity — that is, to perfect himself? If original sin does not foredoom our pursuit of perfection to failure, then why not pursue perfection in earnest? Only aristocratic societies believe that the human situation is inherently tragic and that human history cannot finally be transcended. Democratic societies believe on the contrary that “man can improve throughout all time” and that human history reaches “the end of the long path human beings have to tread.” Democracy at 523.

Tocqueville recounts that he asked an American sailor “why his country’s vessels are constructed to last for so short a time.” The sailor answered unhesitatingly that “the art of navigation is making such rapid progress that the finest ship would soon outlive its usefulness if it extended its life for more than a few years.” From this casual remark, Tocqueville “glimpse[d] the general and systematic idea by which a great nation directs its every action.” Id.

As often in Tocqueville, the same cause is held to produce contrary effects. As we saw in the last posting, pantheism produces the beliefs that human individuals are mere ripples on the surface of an infinite ocean, that human action is without lasting consequences, and that the proper attitude to nature is to disturb its eternal order as little as possible. But pantheism also produces the belief that nature is endlessly malleable in our hands, that we should ceaselessly remake and exploit it to serve human ends, and that humanity itself can and should be refashioned to overcome the limits that nature appears to have set for it. In our world, technological rationality in the form of genetic engineering, the continuous effort to modify and improve crops, animals and human embryos, and the search for a cure, not merely for disease, but also for death, are as much a consequence of pantheism as the deep ecology movement is.

In his chapter on pantheism, Tocqueville tells us that he “later” describe how that metaphysical system has “a parallel in politics.” Democracy at 520. We shall soon consider that political parallel, which is democratic “despotism.” But first, let us consider a possible source of, or influence on, Tocqueville’s view of pantheism.

Henri Louis Charles Maret

Henri Louis Charles Maret was a Catholic priest (later bishop) and theologian, born in 1805 (also the year of Tocqueville’s birth). He became a Professor on the Theology faculty at the Sorbonne in 1841, and Dean of that faculty in 1853. He was associated with French liberal Catholics, most importantly the Abbé Hugues Félicité de Lammenais and the circle of like-minded Catholics involved Read more

Radical Puritanism and Religious Vitality

In a previous post, I argued that there was no necessary connection between a policy of stringent church-state separation and the strength or vitality of religious life within the state. There have been many societies that enjoyed a flourishing religious life well before anybody got it into his head to talk about separation. And there are several modern societies that practice strict separation and whose religious life is seemingly moribund. Any correlation between separation and religious vitality, I argued, is situational and incidental. The strength of religious life within a society depends, I said, on other factors.

But suppose someone were to say: ‘No, that’s not correct. Religious strength does depend on strict separation. In today’s day and age, a strong religious life means exactly that the state is completely separated from religion. A person is most free to affirm true religious commitment just inasmuch as the state and religion are totally separate. In the modern world, the strength of a nation’s religious life depends upon that individual freedom.”

In fact, I think something like this view grounds the frequently-heard claims about the religious vitality that must arise in a strictly separated state. In my previous post, I noticed the puritanical and evangelical conception of religion that the view presupposes. I’ve been reading around in this volume on the Establishment Clause edited by T. Jeremy Gunn and John Witte, Jr., and David Little’s essay, “Roger Williams and the Puritan Background of the Establishment Clause,” offers further confirmation. Professor Little writes that it was the issue of establishment that most sharply divided Roger Williams from other New England Puritans. Disestablishment was thus in some sense the problem of an intramural dispute among puritan factions–the most radical of which was represented by Williams. Little and many others have recognized the mixture of religious and pragmatic arguments for strict separation.

It is the religious arguments that interest me here. Little writes:

Along with references to experience and reason, Williams adds extensive appeals to Christian scripture, doctrine, and history. . . . The decisive transgression took place

when Constantine broke the bounds of this his own and God’s edict, and [drew] the sword of civil power in suppressing other consciences for the [sake of] establishing the Christian [church]. [T]hen began the great mystery of the churches’ sleep, [by which] the gardens of Christ’s churches turned into the wilderness of National Religion, and the world (under Constantine’s dominion) into the most unchristian Christendom….There never was any National Religion good in this world but one [namely, ancient Israel], and since the desolation of that nation, there shall never be any National Religion good again.

No Establishment of Religion, 111-12 (quoting Williams, The Bloody Tenent Yet More Bloody). Little goes on to dispute Mark DeWolfe Howe’s claim that Williams was interested solely in the corruption of religion; Little believes that Williams was concerned about mutual corruption of church and state. But in either case, a theological argument against establishment of this kind can readily be inflated to serve the ends of strict separationism. And so it has been in the generations that followed, as arguments from mutual corruption have become ever more salient in the interpretation of the Establishment Clause, and have been held to require more and more separation.

Back to the initial issue though–the connection between separationism and religious vitality. The objection to my initial post, it seems to me, is a good one, but with one important proviso. Religious vitality does increase as religion and the state become more separate, provided that one adopts the radical puritan theology that Williams espoused. If one does not adopt that theology, then one is left with prudential arguments for strict separationism as conducive of religious vitality. Those prudential arguments, I believe, are entirely circumstantial and accidental; it simply is not the case, as a pragmatic matter, that strict separationism inevitably results in a strong religious life.

A committed policy of strict separationism that is not qualified by the accidents of circumstance and historical contingency depends for its support on the sort of radical puritanism in matters of religious vitality so ably articulated by Roger Williams. Might the need to adopt such theological premises occasion its own Establishment Clause problems? Something for a future post.

Drakeman on the Stock Market and the Humanities

Donald Drakeman, whom the Center for Law and Religion is honored to have on its Board of Advisers, has a very persuasive and sensible column over at the Chronicle of Higher Education on the relationship of the economy to education in the humanities. It seems to me that the column has direct relevance to the study of law and religion in universities and graduate schools. And Don himself is highly qualified to speak about these matters, given his extensive experience in both the humanistic and economic spheres (those familiar with Don’s work in the religion clauses will recognize the reference to George Bancroft below). A bit from the column:

The good news, for those of us who believe in the importance of the humanities, is that once the bread lines disappear, people realize that they cannot live by bread alone. The important questions addressed in religion, literature, the arts, and elsewhere in the humanities will always captivate us, and we will continue to return to them when we can.

It seems unlikely—at least to me, a businessman with a doctorate in religion—that an oversupply of people studying the humanities actually causes economic decline. But hard times will very likely—and predictably—drive students toward fields that seem more practical. When that happens, the humanities should not, as the politicians say, let a good crisis go to waste. We need to make better arguments for the benefits of studying the humanities, and, in doing so, we need to think more carefully about where the humanities and the “real world” intersect. It happens far more often than might be expected by either side.

Humanities scholars often cite the intrinsic value of studying the humanities—that it is good in and of itself, and requires no defense on the basis of pragmatism. That may well be true, but the humanities also have immense practical relevance to how we, as a society, make some of our most critical political and economic decisions, from the nature of our constitutional rights to the shape of our health-care system.

For example, the opinions in the Supreme Court’s recent decision on the right to bear arms read like a history of firearms in the 18th century, and we owe the idea of a wall of separation between church and state as much to the historian George Bancroft as to Thomas Jefferson. The Affordable Care Act has deeper roots in philosophical notions of distributive justice than in the latest advances in medical science.

Tocqueville on Pantheism: Part I

We have seen that Tocqueville believes that the dominant American faith, Ralph Waldo EmersonProtestantism, will tend to decompose. The process of dissolution will occur in two phases. In the first, Protestantism (or more accurately, Calvinism) will tend to become a form of natural religion, such as he believed he had encountered in Unitarianism. This movement will take place chiefly among American élites; working class American Protestants, he believes, will be increasingly drawn to Catholicism. In the second phase, Unitarianism or natural religion will itself tend to become what he calls “pantheism.” These movements are traced out, albeit in very summary and schematic form, in Vol. II, Pt. I, chh. 6-7 of Democracy in America, dealing, respectively, with Catholicism and pantheism. In a powerful and illuminating study, Peter Lawlor has described these as two of the “least studied and strangest chapters” of Democracy in America. See Peter Augustine Lawlor, Tocqueville on Pantheism, Materialism, and Catholicism, 30 Perspectives on Political Science 218 (2001).

Tocqueville’s notions may seem very wayward and idiosyncratic to us. After Walt Whitmanall, contemporary America is neither predominantly Catholic nor predominantly pantheistic. Nonetheless, when examined more closely, Tocqueville’s analysis is full of interest and even, remarkably, of current applicability.

The “decline” of Protestantism

Since the 1960s, there has been vigorous and ongoing debate over whether American Protestantism – or at any rate “mainstream” Protestantism – is dead or dying. See, e.g., Stanley Hauerwas, The end of American Protestantism (July 2, 2013), available at http://www.abc.net.au/religion/articles/2013/07/02/3794561.htm. Equally, the question whether American Catholicism has become, or is becoming, a form of Protestantism also provokes current controversy. (Tocqueville himself had noted the tendency of American Catholicism to be less dogmatic and less ritualized than French Catholicism.) Neither of these interesting issues can detain us here. What is more relevant to our purpose is why Tocqueville should have thought that Protestantism would decline, and whether the evidence from the period in which he wrote might have supported the prediction that it would turn into something radically different from traditional Christianity.

Bossuet

Tocqueville could certainly have derived his thesis from reading the work of the great eighteenth century French Catholic theologian, historian and apologist, Jacques-Bénigne Bossuet, the Bishop of Meaux and the tutor of Louis XIV’s eldest child, the Dauphin of France. Probably the greatest work by the prolific Bossuet was his History of the Variations of the Protestant Churches (1688; English trans. 1836). Bossuet’s History is a massively learned account of what the author sees as the steady fragmentation of the main branches of Protestantism into different and discordant sects. We know that Tocqueville had studied this work. In his letter of November 15, 1835 to Gustave Beaumont, he says that after finishing reading Machiavelli’s History of Florence, I turned to Bossuet’s Variations. Finding the “distance” between Machiavelli and Bossuet “great,” he writes that “I had never looked at [the Variations] so closely, and I cannot tell you how much I admired its content, and even more perhaps, its form. It is truly a magnificent and powerful arrangement.” Selected Letters 112. In thinking that Protestantism was bound to disintegrate, Tocqueville was very possibly adopting, if quietly, the polemical case that Bossuet had made for that proposition.

Tocqueville seems to have drawn on Bossuet in the places in Democracy in America in which he connects the growth of democracy with Divine Providence. For instance, in Vol. I, Pt. ii, ch. 17 of Democracy, entitled “A Few Sources of Poetry in Democratic Nations,” he writes that in egalitarian ages, as “each man . . . begins to perceive humanity itself, God reveals himself more and more to the human mind in his full and complete majesty . . . Observing the human race as a single entity, men find it easy to imagine that the same plan rules its destiny and they are inclined to perceive, in the actions of any individual, the trace of that universal and consistent design by which God guides our race.” Bevan trans. 563-64. Likewise, in his Introduction to Part I, Tocqueville speaks of the “gradual unfurling of equality in social conditions” as “a providential fact which reflects its principal characteristics: it is universal, it is lasting and it constantly eludes human interference; its development is served equally by every event and every human being.” Id. at 15. In such passages, Tocqueville is echoing another of Bossuet’s works, the Discourse on Universal History (1681), which he had also read. (For a fuller treatment of providentialism in Democracy, which downplays the influence of Bossuet, see David A. Selby, Tocqueville’s politics of providence: Pascal, Jansenism and the author’s introduction to Democracy in America, 33 The Tocqueville Review 167 (2012)).

Rousseau

It is also possible that Tocqueville formulated his thesis about Protestantism on the basis of reading Rousseau. After the publication of The Vicar of Savoy (on which see posting Tocqueville on Protestantism and Natural Religion: Part II), Rousseau was compelled to defend his views against the Protestant authorities of his native city of Geneva, who accused him of undermining the Reformed religion. Rousseau defended himself in a series of lengthy pieces called Letters Written from the Mountain (1764). In the second of these Letters, Rousseau identifies what he considers to be the “two fundamental points of the Reform,” and contends that his writings fully comply with both. Collected Writings of Rousseau, vol. 9 at 154. These two core principles are “to acknowledge the Bible as the rule of one’s belief, and not to admit any other interpreter of the Bible than oneself.” Id. To this he adds: “Combined, these two points form the principle on which the Reformed Christians separated from the Roman Church, and they could not do any less without falling into contradiction; for what interpretive authority could they have reserved to themselves, after having rejected that of the body of the Church?” Id.

To make the Bible the sole rule for deciding questions of faith and practice appears to be adopting a common standard of truth that transcends any individual opinion; but to take the principle of private judgment to mean that each believer is the final judge for himself or herself of the Bible’s meaning is to abandon the idea of a common authority.

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Josef Pieper’s Allegory of the Black Bread

Josef Pieper was a German philosopher of the post-war period who worked inPieper the Thomistic philosophical tradition. Perhaps his best known and most widely read essay (Pieper often wrote relatively short and accessible essays rather than longer-form books) is Leisure, The Basis of Culture (1948), in which Pieper argued that the disposition toward leisure allows us more fully to take part in and enjoy the world. Leisure in Pieper’s account did not mean any cessation of work or “down-time” in which one could be idle for the instrumental purpose of doing more effective work later. Instead, leisure was a condition of the mind that allowed a person a certain silence in which he could perceive and then celebrate the splendors of creation.

I am now reading Pieper’s essay, Tradition: Concept and Claim (originally Tradition Concept and Claimpublished in 1970, but developed from a lecture given in 1957). In it, Pieper discusses the idea of tradition in a distinctively sacred key. For Pieper, by far the most important variety of tradition is “sacred” tradition, because the reasons to value tradition have not so much to do with a tradition’s being handed down as with the source of the tradition. Those that handed down the tradition as an initial matter were closest to the divine source of the tradition, and it is for that reason that the tradition has value.

Pieper’s is a bracing account of tradition because it differs so completely from the ways in which tradition generally is conceived and discussed today, in law and elsewhere, including by supporters of the influence and importance of tradition in these spheres. He allows that there are “secular” traditions but these are not really at all the traditions in which he is interested; secular traditions are instrumentally valuable (they enable life to “run along with less friction”) but not intrinsically valuable.

An interesting problem arises for Pieper when there is an admixture of sacredBlack Bread and secular traditions–or, more precisely, when people employ a variety of secular traditions in order better to preserve, uphold, and transmit the sacred tradition. In responding to the problem, Pieper offers an allegory–the allegory of the black bread:

In my grandparents’ day, it was a settled custom in peasant households that the father had to slice the bread for suppertime. If he was beginning to cut a new loaf, he made the sign of the cross over it with the knife. It was done, as I saw many times as a child, almost casually, even furtively, but it was never omitted. Things have changed since then. We no longer bake those enormous loaves of black bread, which really needed a grown man to master them. Now we have machines to slice the bread, and most of the time the bread comes from the store or factory already sliced. In a word, this beautiful tradition too has passed away. It does not take much imagination to see how many themes are present here for a truly pessimistic cultural critique (“machines replacing humans,” “urbanization,” “the collapse of the family,” and so forth).

Nevertheless, we can ask whether this kind of change is simply deplorable. Is it legitimate to speak in a more or less precise sense of a “loss of tradition” here? The answer to this question is made more complicated by the fact that here the purely technical process was clearly linked with elements of the sacred tradition. It seems to me that we could really talk about a “loss of tradition” and a “break with tradition” if the change affected the family’s order, and most of all what was meant by the holy sign of the cross; that is, such language is appropriate when that which is lost stands in more or less direct connection with the traditum, which alone must be unconditionally preserved. It is common for the essence of what must be preserved to become overgrown by and entangled with the concrete forms of historical life, and a change in the outer may very well threaten the pure preservation of the essence, so that anyone who carelessly discards or makes light of the “outer” traditions commits a dangerous act. A student of ethnology once told me that in a group that was driven out of its homeland, religious commitment might possibly grow looser to the same degree that the group moves away from baking its rolls in a certain way. Of course, the question remains open what is the cause here and what the effect, and whether we are not dealing with an extremely complex total process.

Tradition: Concept and Claim, 40.

Turkey Admits Having Secret Identity Codes for Religious Minorities

This story will strike many readers as odd, but it is nonetheless true. For decades, religious minorities in Turkey, especially Christians, have complained that the state assigns them secret identity codes. Christians maintain that government officials use the codes to discriminate against them when it comes to jobs, licenses, building permits, and so on. Of course, such discrimination would be illegal under Turkish law, which has banned religious discrimination since the Kemalist revolution. And complaints about secret identity codes surely must seem a bit paranoid to outsiders, a kind of conspiracy theory–though, given the genocide of Armenians and other Christians in Turkey 100 years ago, one could forgive Christians for being anxious.

Armenian Church in Istanbul

The rumors turn out to be true, however. This month, for the first time, Turkey’s interior ministry acknowledged that the secret identity codes do, in fact, exist. When an Istanbul family tried to register its child at a local Armenian school recently, officials asked the family to prove it had the so-called “2” code. The family had never been notified of any code and inquired what the officials meant. The education ministry passed the buck to the interior ministry, which eventually acknowledged that it indeed categorizes religious minorities by secret numeric codes: “1” for Greek Orthodox Christians, “2” for Armenian Apostolic Christians, “3” for Jews, and so on. The family’s lawyer states that his clients are now “waiting for an official document saying, ‘Yes, your race code is ‘2,’ you can register in an Armenian school.’”

In acknowledging the secret classification system, the interior ministry said the information about religious identity comes from Ottoman records, which the ministry uses in order to help religious minorities exercise their rights under the Lausanne Treaty of 1923. With respect to education, for example, the ministry supplies the codes to school officials so that Armenians can attend Armenian schools. The government no longer collects information about religious or racial identity, the ministry claims.

Minority communities in Turkey are skeptical. If this was all on the up-and-up, why deny for so long that such codes exist? And why hide their existence from the so-called beneficiaries? After all, if the codes are meant to help minorities, you’d want to let the minorities know about them, not wait for local officials to reveal them by accident. And, given twentieth-century history, can anyone blame Christians in Turkey for thinking the codes are used to discriminate against them? The main opposition Republican People’s Party has threatened to make the issue of the secret codes a problem for the ruling AKP. “If this is true,” an opposition leader said, “it is fatal. It must be examined.” We’ll see.