Scruton & Manent on Politics & Religion

I’m now reading Daniel J. Mahoney’s short book on the political thought of the late Sir Roger Scruton (whom Mark and I had the honor of hosting for the second leg of the Tradition Project–see below for his talk) and Pierre Manent. Dan argues that these philosophers share a common project to “recover the meaning of politics, civilization, and the soul” from the depredations of various “late modern dogmas.” He is aware of their differences but he focuses in these essays on their many affinities, including their similar views of secularism and the modern state (in my office, I have a signed copy of Scruton’s The Soul of the World, where he takes on some of these matters with great sensitivity and depth). Dan’s book is Recovering Politics, Civilization, and the Soul: Essays on Pierre Manent and Roger Scruton (St. Augustine Press).

The Western inheritance is under sustained theoretical and practical assault. Legitimate self-criticism has given way to nihilistic self-loathing and cultural, moral, and political repudiation is the order of the day. Yet, as Daniel J. Mahoney shows in this learned, eloquent, and provocative set of essays, two contemporary philosophic thinkers, Roger Scruton and Pierre Manent, have––separately and together––traced a path for the renewal of politics and practical reason, our civilized inheritance, the natural moral law, and the soul as the enduring site of self-conscious reflection, moral and civic agency, and mutual accountability.

Both Scruton and Manent have repudiated the fashionable nihilism associated with the “thought of 1968” and the “Parisian nonsense machine,” and have shown that gratitude is the proper response of the human person to the “givenness of things.” Both defend the self-governing nation against reckless nationalism and the even more reckless temptation of supranational governance and post-political  democracy, what Manent suggestively calls a “kratos” without a “demos.” Both defend the secular state while taking aim at a radical secularism that rejects “the Christian mark” that is at the heart of our inheritance and that sustains the rich and necessary interpenetration of truth and liberty. Scruton’s more “cultural” perspective is indebted to Burke and Kant; Manent’s more political perspective draws on Aristotle, St. Thomas, Tocqueville, and Raymond Aron, among others. By highlighting their affinities, and reflecting on their instructive differences, Mahoney shows how, together, the English man of letters Scruton, and the French political philosopher Manent, guide us to the recovery of a horizon of thought and action animated by practical reason and the wellsprings of the human soul. They show us the humanizing path forward, but first we must make the necessary spiritual decision to repudiate repudiation once and for all.

Legal Spirits 051: The Biden Administration’s Guidance on Prayer in Public Schools

In this episode, Marc and Mark offer some thoughts about the Biden Administration Department of Education’s guidance issued earlier this month (the first since 2020) on prayer and religious expression in public schools. The new guidance largely avoids much discussion of the newest Supreme Court decision on the matter, Kennedy v. Bremerton School District, and does not mention the Court’s new text and tradition test at all. Marc and Mark offer some explanations (and entertain a few gentlemanly disagreements!) about just why that might be. Listen in!

The Catholic (or catholic?) and the Common Law traditions

Taking a break from the regular book posts to flag a very interesting article by Professor Samuel Bray (Notre Dame Law School). The piece is The Influence of the Catholic Tradition on the Common Law, and it discusses three ways in which Catholic thought shaped the common law tradition. One of the difficulties in such a project, Sam says, is that the common law tradition is largely a post-16th century English phenomenon, when the role of Catholicism was, shall we say, diminished. Here is the abstract of the piece, followed by a few little reflections:

This essay considers the influence of the Catholic intellectual tradition on the common law. As a preliminary matter, the essay notes that the term “Catholic intellectual tradition” is of recent vintage, though its referent is much older. It identifies three mechanisms of influence: inheriting, conversing, and generating. For inheriting, the essay notes that some common law doctrines, such as the Chancellor’s conscience, were inherited from the Catholic intellectual tradition. For conversing, the essay notes the conversation across confessional boundaries in early modern Europe, which was facilitated by the use of Latin and scholastic curricula well after the Reformation. This point, while familiar to early modern intellectual historians because of revisionist work over the last quarter century, may be surprising to legal scholars. Finally, for generating, this essay shows that the common law judges, by their own lights, were participants in the Catholic intellectual tradition. This is demonstrated, for example, by analysis of Chief Justice Vaughan’s opinion in Thomas v. Sorrell (1673/4). When this intellectual tradition is viewed without anachronistic narrowness, its influence on the common law is substantial.

The piece is short, sweet, and full of great learning and insight. I highly recommend it. One rapid thought on the “anachronistic narrowness” point quoted above in the abstract. On what he calls the “generative” influence of Catholic thought on the common law, Sam argues very interestingly that the division of Catholic Intellectual Tradition from Protestant thought is likely of relatively recent vintage (say, the 19th century or so, especially in the resistance of the Church to modernity during that period), and that the common lawyers of the early period of the common law did think of themselves as working from (and perhaps even within) the Catholic Intellectual Tradition. One might call it instead the catholic intellectual tradition that is, Sam suggests, the tradition that had influence on the early common law–the Western Christian or Christian apostolic tradition unbound by today’s anachronistic divisions.

There are some comparatively small questions I had about some of Sam’s more specific claims. He says, for example, that each “side”–“Roman” and “non-Roman”–argued in “Newmanesque” fashion that “whoever did not change or augment the deposit of faith was the truly catholic side.” But is this really a full description of the disagreements that were themselves generated in and just after the period Sam surveys? There are not too many people in this world who would like more to believe that everybody is actually, deep down, a traditionalist. But disagreements about tradition and development (a/k/a change), it seems to me, eventually led to Cardinal Newman’s own position, decisions, and intellectual contribution. I wonder whether they materialized quite as late as Sam suggests.

Nevertheless, in highlighting one of Sam’s perhaps more controversial points above, I want to emphasize that Sam seems to me quite correct on all three influences with respect to the thought of learned commentators such as Coke, Hale, St. German, and others (perhaps even as late as Mansfield and Blackstone, for example), as well as judges such as the one who wrote the lead opinion in cases like Thomas v. Sorrell (1673/4). “[G]iven the cross-confessional argument and pollination in the early modern period across the republic of letters,” Sam contends, “it is plausible to think that sharply demarcated “Catholic” and “Protestant” intellectual traditions are from a later time.” As I say, just when that “later time” began is difficult to determine, as Sam properly acknowledges (the 19th century seems quite late, indeed), but at least as to the earlier common law writers, his view seems (to this admitted non-expert in English legal history) persuasive.

At any rate, check out this very fine piece.

Turning and turning in the widening gyre…

It is nothing new to observe that the center of American political and cultural life is having difficulty, as Yeats once put it, “holding.” It is instead increasingly extremes of various kinds that are gaining greater traction. “Extreme” carries a negative rhetorical charge, of course. One might say instead that Americans are coming to see the attraction of values long alien to their own largely optimistic, pragmatic, and open tradition–the values of commitment, hierarchy, tragedy, identity, and others–values that have their own claims on human hopes and fears. Some believe this to be a change from America of the past–a deeply and widely divided America has some precedents, but it is perhaps not the main stream–and one interesting question is just why the change has come upon us with such force today.

A new book out this fall makes the case for a return to balance: Why Not Moderation? Letters to Young Radicals (Cambridge University Press) by Aurelian Craiutu. Worth checking out, especially by those of us who might react with some (moderate) skepticism to its claims.

Moderation is often presented as a simple virtue for lukewarm and indecisive minds, searching for a fuzzy center between the extremes. Not surprisingly, many politicians do not want to be labelled ‘moderates’ for fear of losing elections. Why Not Moderation? challenges this conventional image and shows that moderation is a complex virtue with a rich tradition and unexplored radical sides. Through a series of imaginary letters between a passionate moderate and two young radicals, the book outlines the distinctive political vision undergirding moderation and makes a case for why we need this virtue today in America. Drawing on clearly written and compelling sources, Craiutu offers an opportunity to rethink moderation and participate in the important public debate on what kind of society we want to live in. His book reminds us that we cannot afford to bargain away the liberal civilization and open society we have inherited from our forefathers.

The Forgotten Revolutions of 1848

To say “nationalism” today is generally thought to sound a politically conservative note. Contemporary nationalists are generally thought to be for what the liberal theorist Karl Popper once criticized as the “closed society.” But the claims of nationalism can be liberal, even radical, and they have been in the past. After the defeat of Napoleon, attempts were made to return to the ancien régime in the Restoration, but these failed and the so-called “Revolutions of 1848” were their terminus. The Revolutions were a cluster of uprisings that swept across European nations simultaneously. The respective peoples of each nation demanded the repudiation of the old forms of governance and social structure precisely in favor of what were then thought to be the democratic, liberal politics guaranteed by the nation. In the Catholic Church, as Russell Hittinger has observed, it was the claims of nationalism that, in part, provoked Pope Pius IX’s Syllabus of Errors. The politics of nationalism are not fixed, but historically contingent.

I’m slightly late to noticing this interesting new book on the understudied Revolutions of 1848: Revolutionary Spring: Europe Aflame and the Fight for a New World, 1848-1849 (Penguin RandomHouse), by Christopher Clark.

As history, the uprisings of 1848 have long been overshadowed by the French Revolution of 1789 and the Russian revolutions of the early twentieth century. And yet in 1848 nearly all of Europe was aflame with conflict. Parallel political tumults spread like brush fire across the entire continent, leading to significant changes that continue to shape our world today. These battles for the future were fought with one eye kept squarely on the past: The men and women of 1848 saw the urgent challenges of their world as shaped profoundly by the past, and saw themselves as inheritors of a revolutionary tradition.

Celebrated Cambridge historian Christopher Clark describes 1848 as “the particle collision chamber at the center of the European nineteenth century,” a moment when political movements and ideas—from socialism and democratic radicalism to liberalism, nationalism, corporatism, and conservatism—were tested and transformed. The insurgents asked questions that sound modern to our ears: What happens when demands for political or economic liberty conflict with demands for social rights? How do we reconcile representative and direct forms of democracy? How is capitalism connected to social inequality? The revolutions of 1848 were short-lived, but their impact on public life and political thought throughout Europe and beyond has been profound.

Meticulously researched, elegantly written, and filled with a cast of charismatic figures, including the social theorist Alexis de Tocqueville, the writer George Sand, and the troubled priest Félicité de Lamennais, who struggled to reconcile his faith with politics, Revolutionary Spring offers a new understanding of 1848 that suggests chilling parallels to our present moment. “Looking back at the revolutions from the end of the first quarter of the twenty-first century, it is impossible not to be struck by the resonances,” Clark writes. “If a revolution is coming for us, it may look something like 1848.”

Legal Spirits 050: Groff v. DeJoy and Religious Accommodation in the Workplace

In this episode, Marc and Mark discuss the background and recent oral argument before the Supreme Court in Groff v. DeJoy, a case about religious accommodation in the workplace under Title VII. The case involves a postal worker who observes Sunday sabbath and who was disciplined by the United States Postal Service after a dispute between the parties arose concerning his accommodation from working on Sunday. We discuss the interpretation of the statutory language “undue hardship,” an old 1970s-era Supreme Court decision offering an unusual reading of that language, and the general and growing problem of religious accommodation in a pluralistic society that makes this case so controversial. Listen in!

The Place of the Virtues in Catholic Social Thought

Catholic Social Thought is the body of learning and teaching concerning the Catholic Church’s considered views about a broad range of social, political, and cultural concerns informed by and in response to changing circumstances. Here is a new book that locates the role of the virtues (as developed in the Western philosophical tradition) within Catholic Social Thought, Catholic Social Teaching in Practice: Exploring Practical Wisdom and the Virtues Tradition (Cambridge University Press), by Andrew Yuengert.

Although the virtues are implicit in Catholic Social Teaching, they are too often overlooked.  In this pioneering study, Andrew M. Yuengert draws on the neo-Aristotelian virtues tradition to bring the virtue of practical wisdom into an explicit and wide-ranging engagement with the Church’s social doctrine.  Practical wisdom and the virtues clarify the meaning of Christian personalism, highlight the irreplaceable role of the laity in social reform, and bring attention to the important task of lay formation in virtue. This form of wisdom also offers new insights into the Church’s dialogue with economics and the social sciences, and reframes practical political disagreements between popes, bishops, and the laity in a way that challenges both laypersons and episcopal leadership. Yuengert’s study respects the Church’s social tradition, while showing how it might develop to be more practical.  By proposing active engagement with practical wisdom, he demonstrates how Catholic Social Teaching can more effectively inform and inspire practical social reform.

Legal Spirits 049: A Canticle for Leibowitz & After Virtue

In this podcast, Marc and Mark discuss some of the common themes in two books that we recently read and reflected on with our students in the Center’s Reading Society: Walter M. Miller, Jr.’s A Canticle for Leibowitz and Alasdair MacIntyre’s After Virtue: A Study in Moral Theory. The themes include the nature and value of knowledge, the fragmentary quality of moral discourse today, and the question whether (law) teachers are, or should be, (more like) monks (than anything else). Listen in!

On the Oxford Movement

The Oxford Movement was an early nineteenth century school of religious thought that aimed to reinfuse Anglicanism with the Catholic tradition–to create an Anglo-Catholicism. Here is one of its spiritual leaders, St. John Henry Newman, with a suggestive description from his Apologia Pro Vita Sua:

Now and then a man of note appeared in the Pulpit or Lecture Rooms of the University, who was a worthy representative of the more religious and devout Anglicans. These belonged chiefly to the High-Church party; for the party called Evangelical never has been able to breathe freely in the atmosphere of Oxford, and at no time has been conspicuous, as a party, for talent or learning. But of the old High Churchmen several exerted some sort of anti-liberal influence in the place, at least from time to time, and that influence of an intellectual nature. Among these especially may be mentioned Mr. John Miller, of Worcester College, who preached the Bampton Lecture in the year 1817. But, as far as I know, he who turned the tide, and brought the talent of the University round to the side of the old theology, and against what was familiarly called “march-of-mind,” was Mr. Keble. In and from Keble the mental activity of Oxford took that contrary direction which issued in what was called Tractarianism.

A “historical Christianity,” as Cardinal Newman put it in another work. The twentieth century historian, Christopher Dawson, describes the coming of this school in this newly published volume that should be of great interest, The Spirit of the Oxford Movement (Catholic University of America Press), with an introduction by Professor Kenneth L. Parker.

Dawson and John Henry Newman were Oxonians and both were converts to Catholicism; both stood against progressive and liberal movements within society. In both ideologies, Dawson saw a pathway that had once led to the French Revolution. Newman, for Dawson, was a kindred spirit.

In The Spirit of the Oxford Movement, Dawson goes beyond a mere retelling of the events of 1833 – 1845. He shows us the prime movers who sought a deeper understanding of the Anglican tradition: the quixotic Hurrell Froude, for instance, who “had none of the English genius for compromise or the Anglican faculty of shutting the eyes to unpleasant facts.” It was Froude who brought Newman and Keble together and who helped them understand each other. In many ways, Dawson sees these three as the true embodiment of the Tractarian ethos.

Dawson probes deeply, though, to provide a richer, clearer understanding of the intellectual underpinnings of the Oxford Movement, revealing its spiritual raison d’être. We meet a group of gifted like-minded thinkers, albeit with sharp disagreements, who mock outsiders and each other, who pepper their letters with Latin, and forever urge each other on. Newman came to believe, as did Dawson, that the only intellectually coherent bastion against secular culture was religion, and the “on” to which they were urged was the Catholic church. The Spirit of the Oxford Movement provides insights into why Newman, and Dawson, came to this understanding.

What is Eudaimonia?

Aristotle is famous for, among many other matters, the view that human well-being (in Greek, eudaimonia, and unhappily generally rendered in English as “happiness”) is about what we do or how we behave in life rather than what we feel or sense. He is famous also, of course, for his account of the practical and intellectual virtues through which the life of well-being is achieved. I should also mention that understanding Aristotle’s ethical framework is the way in to understanding his account of political life and the role and rule of law within it. Here is a new book that explores the complex structure of eudaimonia in Aristotle’s thought, Aristotle on Happiness, Virtue, and Wisdom (Cambridge University Press), by Bryan C. Reece.

Aristotle thinks that happiness is an activity – it consists in doing something – rather than a feeling. It is the best activity of which humans are capable and is spread out over the course of a life. But what kind of activity is it? Some of his remarks indicate that it is a single best kind of activity, intellectual contemplation. Other evidence suggests that it is an overarching activity that has various virtuous activities, ethical and intellectual, as parts. Numerous interpreters have sharply disagreed about Aristotle’s answers to such questions. In this book, Bryan Reece offers a fundamentally new approach to determining what kind of activity Aristotle thinks happiness is, one that challenges widespread assumptions that have until now prevented a dialectically satisfactory interpretation. His approach displays the boldness and systematicity of Aristotle’s practical philosophy.