The call is coming from inside the option

Rod Dreher has decided that none of the critics of The Benedict Option have understood him.  Either they are reading things into the book that he did not put there or they are working out obscure personal grievances. This is, of course, a risible assertion, not least since Dreher has written (and written and written and written) about the Benedict Option over the past several years. It is also in keeping with Dreher’s near-constant redefinition of the Option in the face of criticism. The idea is very simple: Christians have lost pretty much every political engagement they’ve fought over the past, oh, fifty years (draw a straight line between Roe and Obergefell, if you like), and they need to withdraw from society. But what happens when they withdraw from society? Dreher is convinced that most Christians possess only a watered-down faith. The problem, we think, is more serious than that.

Giving us a gentle ribbing, the blogger Subsannabit suggests that it is error to think that modern western liberalism is doing politics. Subsannabit, in an interesting post about true radicalism, also observes that most people simply do not do politics. Of course, Subsannabit may err by setting the bar for doing politics too high (cf. ST Ia IIae q.92 a.1 co. & ad 4; Ia IIae q.96 a.4 co. & ad 3), but s/he is not wrong about the fact that modern western liberalism is not really politics in any meaningful sense, at least as the term is rightly understood. Certainly the liberal is not interested in applying practical reason to frame laws to make people simply good. Such a process would force a modern western liberal to concede a bunch of things he would be loath to concede. The modern liberal prefers to write laws to create in essence a neutral playing field on which everyone can pursue his or her personal good without much restraint or even much interference. The common good does not factor into this sort of thought. And, for this reason, this sort of liberalism is, of course, corrosive of the very idea of civil society (Grenier, 3 Thomistic Philosophy no. 1154, pp. 455–56). For proof of the thesis, one has only to open a newspaper or turn on the TV.

Such liberalism is, for most people, an omnipresent, omnipotent force. The law, we know, is a teacher, even if the lesson is a bad one. There is simply no escape from it. Some people can see the problem and even sketch proposals for a solution, but it is hard to imagine the implementation of such proposals without adverting to liberal ideas. After all, liberalism is, for most westerners, as natural as the air we breathe. And this is fundamentally the problem with Dreher’s Benedict Option—and any number of similar proposals—retreating from society will do no good if you bring liberalism with you. Whatever polity or society you create will have the same flaw at its heart as the one you left behind. It is like the scene in any number of horror, science-fiction, and thriller pictures, when Our Hero or Our Heroine reaches a safe spot, only to discover that he or she is Not Alone. Or worse, when Our Hero or Our Heroine has asked the phone company to trace the menacing calls, only to be informed that the calls are coming from inside the house.

And Dreher, whether he understands it or not, wants to bring liberalism with him. Religious liberty, however helpful it may be to Christians at the moment, is the lynchpin of the liberal order. Once one puts truth and error on the same plane, the rest falls into place quickly. And it has the same consequences that liberalism always has. Leo XIII explained this admirably in Libertas praestantissimum (nos. 19–22). And this is, as it was expressed in Dignitatis humanae and Nostra aetate, a major problem for Archbishop Marcel Lefebvre, holding to the Church’s traditional teachings, even beyond those difficulties posed by the New Mass. To say then, that Christians, withdrawing from the most part from society, will remain politically engaged to the extent that it is necessary to defend religious liberty—which is what Dreher has said—is to say that Christians will carry with them the seeds of liberalism. This guarantees that they will get to their communities, breathe a deep sigh of relief, and turn around to discover that they are Not Alone. The menacing calls from liberalism are coming from inside the Option.

If you don’t like the analogy to popcorn flicks, consider the emotional climax of Wagner’s Der Ring des Nibelungen: Act Two of Die Walküre. Wotan’s long-suffering wife, Fricka, has demanded that Wotan do something about the incestuous adultery of the twins Siegmund and Sieglinde, despite the fact that Wotan was Siegmund’s father and teacher (“So ist es denn aus mit den ewigen Göttern?”). In point of fact, Fricka demands that Wotan do nothing when Sieglinde’s husband comes to settle accounts. Wotan hoped to raise a free hero who could recover the titular Ring, which, as one remembers from Das Rheingold, Wotan himself cannot touch, lest he break the contracts that give him his authority (“Als junger Liebe Lust mir verblich”). Wotan then has to explain the situation to his daughter, Brünnhilde, and comes to the realization that in all his efforts to make a free hero, he finds only himself (“Nun einer könnte, was ich nicht darf”). That is, all his creatures are, just that, creatures, and they reflect him and his all-too-real flaws. The optioneers will discover, Wotan-like, that they’ve made communities resembling primarily themselves: good liberal subjects.

This is, in part, why we have talked so much about a ressourcement of Aristotelian-Thomistic political theory, which finds its best modern expression in the magisterium of Leo XIII. Without a proper understanding of the polity, how just laws are framed, and a proper conception of politics, it is simply not rational to expect a withdrawal from society in any meaningful sense to spark a restoration of Christian life. One will most likely create enclaves of religiously flavored liberalism that rely ultimately on liberal concepts such as religious liberty to survive. Now, perhaps the withdrawals proposed are not withdrawals in any meaningful sense. Perhaps they are merely histrionics, designed to emphasize to secular liberals the age-old point “You’ll really miss us when we’re gone.” Such histrionics are understandable—as we say, draw a line from Roe to Obergefell—but ultimately not productive. Either way, no progress is going to be made against the forces of liberalism without rediscovering the teaching of Aristotle, Thomas, and Leo XIII.

“I believed myself to be doing good”

Yesterday, Edward Pentin ran a lengthy interview with Francesco Cardinal Coccopalmerio, president of the Pontifical Council for Legislative Texts, about his new book about chapter 8 of Amoris laetitia. It is a stunning interview, especially given Cardinal Coccopalmerio’s role as one of the Church’s top lawyers. In fact, as we read it, we had the sense that it was going disastrously and, what’s more, the participants knew how badly it was going. An excerpt:

Isn’t it better to try to stop the situation of sin completely?

How can you stop the whole thing if that will harm people? It is important that this person doesn’t want to be in this union, wants to leave this union, wants to leave, but cannot do it. There are two things to put together: I want to, but I cannot. And I cannot — not for my own sake, but for the sake of other people. I cannot for the sake of other people.

If the two can live together as brother and sister, that’s great. But if they cannot because this would break up the union, which ought to be conserved for the good of these people, then they manage as best they can. Do you see? That’s it. And it seems this whole complicated thing has a logical explanation, motivation. If others depart from other points of view, they can also arrive at other conclusions. But I would say there would be something missing of the human person. I can’t damage a person to avoid a sin in a situation that I haven’t put myself into; I already find myself in it, one in which I, if I am this woman, have put myself into without a bad intention. On the contrary, I’m trying to do good, and, at that moment, I believed myself to be doing good, and certainly I did do good. But maybe if, already at the beginning I had known, if I knew with moral certitude that this is a sin, maybe I would not have put myself in that condition. But now I already find myself there: How can I go back? It is one thing to begin, another to interrupt. These are also different things, no?

(Emphasis supplied.)

In keeping with our Lenten suggestion, here is a passage from St. John Paul’s encyclical Veritatis splendor (no. 81), which seems to be relevant to this idea:

In teaching the existence of intrinsically evil acts, the Church accepts the teaching of Sacred Scripture. The Apostle Paul emphatically states: “Do not be deceived: neither the immoral, nor idolaters, nor adulterers, nor sexual perverts, nor thieves, nor the greedy, nor drunkards, nor revilers, nor robbers will inherit the Kingdom of God” (1 Cor 6:9-10).

If acts are intrinsically evil, a good intention or particular circumstances can diminish their evil, but they cannot remove it. They remain “irremediably” evil acts; per se and in themselves they are not capable of being ordered to God and to the good of the person. “As for acts which are themselves sins (cum iam opera ipsa peccata sunt), Saint Augustine writes, like theft, fornication, blasphemy, who would dare affirm that, by doing them for good motives (causis bonis), they would no longer be sins, or, what is even more absurd, that they would be sins that are justified?”.

Consequently, circumstances or intentions can never transform an act intrinsically evil by virtue of its object into an act “subjectively” good or defensible as a choice.

(Emphasis supplied and footnote omitted.) John Paul went on to teach (no. 82):

Furthermore, an intention is good when it has as its aim the true good of the person in view of his ultimate end. But acts whose object is “not capable of being ordered” to God and “unworthy of the human person” are always and in every case in conflict with that good. Consequently, respect for norms which prohibit such acts and oblige semper et pro semper, that is, without any exception, not only does not inhibit a good intention, but actually represents its basic expression.

(Emphasis supplied.) Consider the full effect of what John Paul taught. First, one cannot, by means of “trying to do good” and believing oneself to be doing good, transform an objectively evil act—like adultery—into a good act. The most they can do is make it less evil. Moreover, an intention to do an objectively evil act, even, one suspects, if it is a convenient or congenial intention, cannot be a “good intention.” In other words, the intention to do an objectively evil act does not lessen the evil of the act.

In any event, it is an open question for us whether one could reasonably believe that one acted with a “good intention,” though we know that that belief would be objectively mistaken, if one intended to do something objectively evil. Again John Paul, discussing conscience (no. 58):

 The importance of this interior dialogue of man with himself can never be adequately appreciated. But it is also a dialogue of man with God, the author of the law, the primordial image and final end of man. Saint Bonaventure teaches that “conscience is like God’s herald and messenger; it does not command things on its own authority, but commands them as coming from God’s authority, like a herald when he proclaims the edict of the king. This is why conscience has binding force”. Thus it can be said that conscience bears witness to man’s own rectitude or iniquity to man himself but, together with this and indeed even beforehand, conscience is the witness of God himself, whose voice and judgment penetrate the depths of man’s soul, calling him fortiter et suaviter to obedience. “Moral conscience does not close man within an insurmountable and impenetrable solitude, but opens him to the call, to the voice of God. In this, and not in anything else, lies the entire mystery and the dignity of the moral conscience: in being the place, the sacred place where God speaks to man”.

(Emphasis supplied and footnote omitted.)

 

Aristotle, Thomas, and the “City of Rod”

Rod Dreher has released his book, The Benedict Option, setting forth one more time that which he has set forth many, many times in various essays and blog posts. Elizabeth Stoker Bruenig, a leading voice among Catholic leftists, has reviewed the book at great length and, frankly, panned it. Dreher has responded to Bruenig’s review at equally great length, and you can read the whole exchange at the links above. (We will not bore you by summarizing all of Bruenig’s critiques and Dreher’s responses.) However, our attention was grabbed by one passage in Dreher’s response:

As I say in the book, Christians have to stay engaged in ordinary politics, if only to protect our religious liberty interests. (I believe we have to stay involved for other reasons too, but even if you don’t agree, you can at least agree that religious liberty is absolutely vital.) But we cannot put as much trust in politics as we have in past eras. The great error of the Religious Right over the past 30 years or so is not to have gotten politically involved. It’s to have thought that advancing the Kingdom of God was more or less synonymous with helping the Republican Party ascend to power. Our leaders (and a lot of us followers), often without knowing what we were doing, put way too much focus on political engagement, and way too little on personal spiritual formation, and what the Benedictines call “conversion of life.”

(Emphasis supplied.) For someone who claims—as Dreher does—to be encouraging Christians to recover a premodern tradition to fight the corrosive influence of liberalism, this is a stunning statement. Indeed, it constitutes nothing less than a rejection of the premodern tradition regarding politics. Let us put it another way; Bruenig is not the most stringent critic of Dreher on this point—Aristotle and St. Thomas Aquinas are.

A very brief review of the relevant points is perhaps in order. You no doubt know, dear reader, that Aristotle taught that man is a political animal and that the state arises from nature (Politics I.1, 1253a3–4). Aquinas follows this teaching when he observes, in the context of the natural law, that it is proper for man to know truths about living in society (ST Ia IIae q.94 a.2 co.). And this point remains noncontroversial in the tradition. Leo XIII, for example, reaffirms that it is natural to man to live in society in Immortale Dei. The great pope further reminds us that, in nature, rulers are necessary for the direction of society, even if a particular kind of ruler is not necessary (cf. ST Ia IIae q.90 a.3 co. & ad 3). And the ruler makes laws in order to make the members of the society good (ST Ia IIae q.92 a.2 co.; Ethic. X.9, 1180b24–28). Finally, politics, Aristotle tells us, is simply the practical art of making good laws (Ethic. X.9, 1180b24–25, 1181a22–b1; cf. ST Ia IIae q.95 a.2 co. & ad 3).

With these very basic principles in mind, the extent of Dreher’s error becomes obvious. Man participates in politics, either as ruler or ruled, naturally (cf. ST Ia IIae q.90 a.3 ad 1). The notion that man could withdraw from politics naturally is ridiculous (cf. Politics I.1, 1253a4–6). The notion becomes more ridiculous when one considers that the civil power comes from God, regardless of the political mechanism for its exercise and transmission. We won’t beat this dead horse further by discussing the duties of the state to God and true religion, to say nothing of the indirect subordination of state to Church. The bottom line is that the idea that a Christian could—much less should—limit his or her political engagement simply misunderstands what politics is. Now, one may say that one ought to express his or her engagement in a given way—a Catholic may vote for a pro-abortion politician only in certain circumstances when his opponent’s position on another grave matter requires it—but if that is what Dreher means, you could have fooled us.

Especially because Dreher goes on to say:

Right now, a lot of Christian conservatives believe that we dodged a bullet with the election of Donald Trump over Hillary Clinton. I agree that things aren’t as dangerous for us now as they would have been under Clinton. But it’s simply delusional to think that Trump is going to turn things around. Even if he were a saint, he couldn’t do that. As Bruenig makes clear early in her review, there is increasingly little space for us Christians, at least those who don’t go along with the latest iteration of liberalism, in the public square.

Richard John Neuhaus hoped that we would have a place there. That project has failed, it seems to me. What now? Yes, we still have to be engaged in politics, but what happens when and if we lose? We don’t suddenly cease to be Christian, or to have the obligation to serve Christ, even if we have to suffer for it. How are we going to do that? How will we find the faith and the courage within us to know when we are being asked to believe or to accept something that we cannot if we want to be faithful? Where is our “Here I stand, I can do no other” line? How will we know when we are being asked to bow down to Nebuchadnezzar’s idol, living as we must as resident aliens in Babylon, and how will we find it within ourselves to go into the furnace singing, as did Shadrach, Meshech, and Abednego?

(Emphasis supplied.) Given all of this, it is passing hard to imagine that Dreher simply meant to say that we have to temper our engagement, while remaining politically active as nature requires.

It is, however, not hard at all to see how Dreher loses the thread. A sharp friend of ours has observed that Dreher’s work as a journalist has influenced his thinking on this point. Recall what he said a little bit before what we just quoted:

The great error of the Religious Right over the past 30 years or so is not to have gotten politically involved. It’s to have thought that advancing the Kingdom of God was more or less synonymous with helping the Republican Party ascend to power. Our leaders (and a lot of us followers), often without knowing what we were doing, put way too much focus on political engagement, and way too little on personal spiritual formation, and what the Benedictines call “conversion of life.”

(Emphasis supplied.) In essence, Dreher’s complaint is that American Christians are bad at politics. One does not have to be a journalist reporting on politics and culture—like Dreher—to see that the deal that conservative Christians have cut, knowingly or not, with Republicans has not been a good deal historically. This is obvious. And we will not bore you with all the ways in which it is obvious. You can recite them as well as we can. But it is clear that Dreher’s reporting on this situation has affected how he thinks politics work in general terms.

And this, of course, is the great temptation for a traditionally minded or integralist Catholic (or Christian more broadly): the culture—political, popular, and otherwise—of the United States is undoubtedly disordered. Part of this disorder is the hostility to Christians generally and orthodox Christians specifically. But it extends far beyond that. And confronted with this, the temptation for a serious Christian is to react to the situation itself. But this is ultimately the wrong approach. St. Thomas tells us that law—and therefore politics—is an exercise of reason ordered to the common good (ST Ia IIae q.90 a.2 co. & ad 1). While there is certainly room for the application of discretion and judgment, consistent with the common good and the divine and natural law, in given circumstances, one must be careful not to jettison the conclusions of reason itself based upon those circumstances.

Dreher falls into just that trap. He observes correctly that the culture of the United States is bad, and he reacts to this situation by deciding that Christians should participate in politics only on limited terms. No. Dreher is right that the way out is by recovering the premodern tradition, but recovering the premodern tradition means understanding that political participation is natural to man.

A suggestion for Lent

As you may know, dear reader, tomorrow is Ash Wednesday and the beginning of Lent. We are sure that you have all manner of mortifications and penances planned for your spiritual improvement. We would not presume to suggest to you anything in addition to those mortifications and penances you have planned for yourself. But we do wish to suggest a Lenten exercise of an altogether different sort: take some time this Lent and read John Paul’s 1994 Encyclical “On Certain Fundamental Questions of the Church’s Moral Teaching,” Veritatis splendor. Increasingly we are convinced that a knowledge of Veritatis splendor is absolutely essential for this moment in the Church. More than that, it provides a crash course in freedom and the moral law, which seems especially appropriate for a penitential season. It is lengthy, but manageable if, say, one reads a little bit of it over forty days or so.

De Koninck and the modern age

At Sancrucensis, Pater Edmund Waldstein has a very interesting comment by Jacques Maritain about Charles de Koninck’s The Primacy of the Common Good (1943). Most followers of De Koninck know that Fr. I. Thomas Eschmann, O.P., wrote a scathing critique of The Primacy of the Common Good, called In Defense of Jacques Maritain. Eschmann’s defense was published in 1945. De Koninck responded in 1945, with a very lengthy tract, In Defense of St. Thomas. Pater Waldstein notes that, in a 1945 letter to Étienne Gilson, another eminent Thomist, Maritain largely approved Eschmann’s critique. It is not clear whether Maritain had seen In Defense of St. Thomas when he wrote to Gilson. This may clarify somewhat Maritain’s position in the debate between De Koninck and Eschmann, which remains a little shadowy.

Then again, it might not. Another sharp friend of ours pointed us to a chapter from Ralph McInerny’s 1988 collection of essays on Maritain, Art and Prudence, in which Maritain, writing in 1947, thanks Eschmann for his defense, but ultimately claims not to hold the positions criticized in The Primacy of the Common Good. McInerny also discusses a list of theses set forth by Yves Simon that purports to mark out the common ground between De Koninck, Maritain, and Simon. The letter Pater Waldstein cites helps form an interesting perspective on Maritain’s response to De Koninck. On the one hand, Maritain rejected the suggestion that he actually held the positions at issue in the debate between De Koninck and Eschmann. On the other hand, Maritain certainly approved on Eschmann’s response to De Koninck and thought it wrought by the master hand, so to speak.

At any rate, we encourage you, dear reader, to read The Primacy of the Common Good, if you have not, and, if you have an appetite for controversy, In Defense of Jacques Maritain and In Defense of St. Thomas. Volume two of McInerny’s edition of The Writings of Charles De Koninck contains not only The Primacy of the Common Good, but also Eschmann’s response and De Koninck’s reply. (It also has De Koninck’s fascinating Ego Sapientia, which discusses the Wisdom literature of the Old Testament as applied to Our Lady, and his brief Notes on Marxism.) Pater Waldstein admirably summarizes the importance of De Koninck’s work, especially as conceived in opposition to “Neo-Liberalism, Neo-Individualism, and . . . Neo-Pelagianism,” as Maritain puts it.

 

For a Catholic—indeed, for anyone operating in the western tradition—man is a political animal (Politics I.2, 1253a2–3; ST I-II q.72 a.4 co.). And, from this fact, as McInerny argues, man belongs to his community. To say otherwise is strange and results in strange, usually bad, consequences (Politics I.2, 1253a19–39.) Concern for the common good is, therefore, both inescapable and necessary. Yet much of the modern project—we would say “political project,” but to do so would be to equivocate on the nature of politics—is an attempt to escape concern for the common good. De Koninck discusses any number of errors about the common good—the most pernicious of which is, of course, totalitarianism—and you can, dear reader, see these errors propounded in any number of venues.

As Pater Waldstein observes, De Koninck’s critique of personalism has the note of prophecy about it. It is essential, therefore, to return to authors like De Koninck when contemplating the state of things and the possibility of a way forward. But, as we have said before, the state of theological and philosophical education among Catholics is shocking. Not only have we lost the recent social magisterium of popes like Leo XIII but we have also lost the Aristotelian-Thomistic tradition. The reaction of the Council and the post-conciliar Church against neo-Scholasticism and “manualism” has gone beyond blotting out the baroque neo-Thomism that so terrorized the Council fathers when they were in seminary to blotting out Thomism itself. And it shows: Catholics are entirely unprepared to grapple with the problems of modernity, including neoliberalism and neo-individualism. They fall into various errors, as a result, some of which are, to our mind, much worse than the problems confronted.

We observe, perhaps idly, that most of these errors seem to find their roots in imperfect understandings of the common good. Funny how that works.

 

Another project of ressourcement

Following up on our piece about Leonine ressourcement, it occurs to us that someone could very profitably write a concise (if not brief) introduction to Aristotelian-Thomistic politics, aimed toward a popular audience. Certainly there are already essays pointing in this direction, such as Pater Edmund Waldstein’s introduction to the common good and Coëmgenus’s “Theses and Responses on Antiamericanism.” (Both are at The Josias.) Both essays are excellent, though both presume a certain level of knowledge about Aristotelian-Thomistic politics in their readers. However, we have in mind something considerably more basic.

For example, it is far from clear to us whether there is widespread understanding of the proposition that a law is a dictate of practical reason shaped to the common good. And we are certain that few people understand that the purpose of law is to make citizens good simpliciter (cf. ST Ia IIae q.92 a.1 co. & ad 1). It seems to us, as you, dear reader, may have deduced from our piece on Leonine ressourcement that we think it is a problem that so few Catholics are conversant with their own tradition of political thought. As we said, the liberal order appears to be at an inflection point, if not a point of crisis. Of course, as we did not observe in our original essay, this could be but a simple pause in the development of liberalism, a moment while liberalism is adjusted to take into account the rising ethnic and class-based resentments currently affecting the political order of the west. But such a thought is very depressing. Instead, we prefer to think that this is a moment when Catholics can challenge the liberal order meaningfully, by drawing on their political tradition and the social teaching of the Church.

We think a list of theses, much like the essays linked above, would be a wonderful format for an introduction to Aristotelian-Thomistic politics, though with plenty of citations to authorities, so that readers will be able to run down the sources themselves. And, of course, it will be necessary to draw upon the magisterium to clarify some points. For example, there are certain contradictions between the Leonine magisterium and Aristotelian-Thomistic notions of the state and rights. (Compare Leo’s treatment of the priority of the family to the state in Rerum novarum with Aristotle’s argument in Politics 1, for example.) Given the Church’s authority to interpret and defend the natural law, conferred by divine ordinance, these contradictions must be identified, explored in some detail, and resolved. Ultimately, such an introduction would serve as a resource for Catholics thinking about what comes next.

Perhaps such a handy introduction does exist and we have simply missed it. But, again, we would want to reduce the principles to their simplest possible form.

Leonine radicalism and ressourcement

I.

It is high time for Catholics to rediscover the magisterium of Leo XIII. There is a sense, we think, that the modern, liberal order is at a point of inflection, if not a point of crisis, and the cleverer among us are beginning to think about “what’s next.” Likewise, Leo’s pontificate, beginning in 1878 and continuing to 1903, took place during a similar moment of crisis—essentially between the revolutions of 1848 and 1870 and the First World War. And in this atmosphere, Leo taught often and at great length about the rightly ordered civil state, correct relations between the Church and states, and the duties of Christians in civil society. His lessons, however, have been forgotten, particularly as the Church itself has acceded, perhaps merely as a prudential decision, to the postwar liberal order.

Leo has not been forgotten, however, with his encyclical Rerum novarum considered the beginning of the Church’s social teaching. Yet even Rerum novarum is dragged into the service of the liberal order and construed as a great support for free-market capitalism. It is, of course, anything but. It is of a piece with Leo’s other great encyclicals on social matters, including Immortale Dei, Libertas praestantissimum, and Diuturnum illud. Throughout Leo’s social encyclicals, including the encyclicals about the constitution of the state, so to speak, he articulated what we would today call integralism. The state, no less than the individual, has duties to God, and the State is at least indirectly subordinated to the Church, since the end of the Church is much, much more excellent than the end of the state. This is profoundly illiberal thought.

But it is thought in keeping not only with the teaching of the Church but also the broader philosophical underpinnings (i.e., Aristotle) of that tradition. In other words, it poses none of the risks of other, no less illiberal ideologies that are in the air right now, including nationalism. It is, we think, time for a ressourcement of the Leonine magisterium. Catholics should return to Leo’s thought to see what the first principles of a rightly ordered state are. Obviously, such a project will have to be undertaken by individual Catholics or Catholics in groups, as the post-Conciliar amnesia of tradition applies to no one more strongly than Leo XIII. However, if this is an inflection point for liberalism, it will be necessary, we think, to be prepared to right the sinking ship of modern life. And that requires, ultimately, Christian principles of society.

Of course, the Leonine magisterium has a reputation for being conservative, not to say reactionary. For example, subsequent treatments of his magisterium, like St. Pius X’s syllabus Fin dalla prima nostra, tended to present it in a very conservative light. And to be sure, Leo was concerned with maintaining, if not the then-existing order, then respect for rulers and majesty, which seemed to him, correctly, to be in peril. However, it is, we think, a mistake to try to force Leo’s teachings into narrow political terms. Not least because some of his teachings were, to modern liberal eyes, quite radical. That is not to say that they are remotely controversial in doctrinal terms; simply that a modern liberal subject would likely consider them radical. And a project of Leonine ressourcement must include a fair assessment of even these teachings.

II.

To give an example of “Leonine radicalism,” we turn to the question of when a Christian must disobey the law. One may assume that a supposed conservative like Leo would, of course, hold, as the Church has taught from St. Paul down to the present day, that Christians have an obligation to obey the law. Leo emphasizes, however, that this is not absolutely true. We shall see that a Christian may have a positive duty to disobey the law, and, moreover, this duty is not inconsistent with the obligation of a Christian to obey the civil authorities. We begin with  his 1890 encyclical “On Christians as Citizens,” Sapientiae Christianae:

Hence, they who blame, and call by the name of sedition, this steadfastness of attitude in the choice of duty have not rightly apprehended the force and nature of true law. We are speaking of matters widely known, and which We have before now more than once fully explained. Law is of its very essence a mandate of right reason, proclaimed by a properly constituted authority, for the common good. But true and legitimate authority is void of sanction, unless it proceed from God, the supreme Ruler and Lord of all. The Almighty alone can commit power to a man over his fellow men; nor may that be accounted as right reason which is in disaccord with truth and with divine reason; nor that held to be true good which is repugnant to the supreme and unchangeable good, or that wrests aside and draws away the wills of men from the charity of God.

Hallowed, therefore, in the minds of Christians is the very idea of public authority, in which they recognize some likeness and symbol as it were of the Divine Majesty, even when it is exercised by one unworthy. A just and due reverence to the laws abides in them, not from force and threats, but from a consciousness of duty; “for God hath not given us the spirit of fear.”

But, if the laws of the State are manifestly at variance with the divine law, containing enactments hurtful to the Church, or conveying injunctions adverse to the duties imposed by religion, or if they violate in the person of the supreme Pontiff the authority of Jesus Christ, then, truly, to resist becomes a positive duty, to obey, a crime; a crime, moreover, combined with misdemeanor against the State itself, inasmuch as every offense leveled against religion is also a sin against the State. Here anew it becomes evident how unjust is the reproach of sedition; for the obedience due to rulers and legislators is not refused, but there is a deviation from their will in those precepts only which they have no power to enjoin. Commands that are issued adversely to the honor due to God, and hence are beyond the scope of justice, must be looked upon as anything rather than laws. You are fully aware, venerable brothers, that this is the very contention of the Apostle St. Paul, who, in writing to Titus, after reminding Christians that they are “to be subject to princes and powers, and to obey at a word,” at once adds: “And to be ready to every good work.” Thereby he openly declares that, if laws of men contain injunctions contrary to the eternal law of God, it is right not to obey them. In like manner, the Prince of the Apostles gave this courageous and sublime answer to those who would have deprived him of the liberty of preaching the Gospel: “If it be just in the sight of God to hear you rather than God, judge ye, for we cannot but speak the things which we have seen and heard.”

(Emphasis supplied and footnotes omitted.) Consider the radicalism of the idea that it is a duty to resist an unjust law—more on that in a moment—and a crime to obey. And not merely a crime against God, but also a crime against the state. Now, there is some room for prudential discussion about what it means to “resist” or to “obey” an unjust law. However, that is a secondary issue.

We note that Sapientiae Christianae was not Leo’s sole treatment of civil disobedience. For example, in Diuturnum illud, his 1881 encyclical “On the Origin of Civil Power,” he taught,

The one only reason which men have for not obeying is when anything is demanded of them which is openly repugnant to the natural or the divine law, for it is equally unlawful to command to do anything in which the law of nature or the will of God is violated. If, therefore, it should happen to any one to be compelled to prefer one or the other, viz., to disregard either the commands of God or those of rulers, he must obey Jesus Christ, who commands us to “give to Caesar the things that are Caesar’s, and to God the things that are God’s,” and must reply courageously after the example of the Apostles: “We ought to obey God rather than men.” And yet there is no reason why those who so behave themselves should be accused of refusing obedience; for, if the will of rulers is opposed to the will and the laws of God, they themselves exceed the bounds of their own power and pervert justice; nor can their authority then be valid, which, when there is no justice, is null.

(Emphasis supplied and footnotes omitted.) This is a capsule summary of the treatment, as we see it, in Sapientiae Christianae. Thus, we may say comfortably that Leo’s magisterium includes as a major theme the duty to resist unjust laws and the compatibility of such a duty with obedience to the civil authorities.

Of course, Leo’s notion of the power in law is profoundly Thomistic. This is, really, no surprise, given the importance that Leo placed on Thomas’s thought. Looking at this question in his Treatise on Law in the Summa, the Angelic Doctor taught:

Laws framed by man are either just or unjust. If they be just, they have the power of binding in conscience, from the eternal law whence they are derived, according to Prov. 8:15: “By Me kings reign, and lawgivers decree just things.” Now laws are said to be just, both from the end, when, to wit, they are ordained to the common good—and from their author, that is to say, when the law that is made does not exceed the power of the lawgiver—and from their form, when, to wit, burdens are laid on the subjects, according to an equality of proportion and with a view to the common good. For, since one man is a part of the community, each man in all that he is and has, belongs to the community; just as a part, in all that it is, belongs to the whole; wherefore nature inflicts a loss on the part, in order to save the whole: so that on this account, such laws as these, which impose proportionate burdens, are just and binding in conscience, and are legal laws.

 On the other hand laws may be unjust in two ways: first, by being contrary to human good, through being opposed to the things mentioned above—either in respect of the end, as when an authority imposes on his subjects burdensome laws, conducive, not to the common good, but rather to his own cupidity or vainglory—or in respect of the author, as when a man makes a law that goes beyond the power committed to him—or in respect of the form, as when burdens are imposed unequally on the community, although with a view to the common good. The like are acts of violence rather than laws; because, as Augustine says (De Lib. Arb. i, 5), “a law that is not just, seems to be no law at all.” Wherefore such laws do not bind in conscience, except perhaps in order to avoid scandal or disturbance, for which cause a man should even yield his right, according to Mt. 5:40,41: “If a man . . . take away thy coat, let go thy cloak also unto him; and whosoever will force thee one mile, go with him other two.”

Secondly, laws may be unjust through being opposed to the Divine good: such are the laws of tyrants inducing to idolatry, or to anything else contrary to the Divine law: and laws of this kind must nowise be observed, because, as stated in Acts 5:29, “we ought to obey God rather than man.”

(ST Ia IIae q.96 a.4 co.) (emphasis supplied). However, Leo seems to go beyond Thomas’s teaching, however (and not for the only time). Thomas observes that laws at variance with the common good, essentially, do not bind in conscience, though a subject may make a prudential decision to submit to the law to avoid scandal or disturbance. In other words: violence. But human laws at variance with the divine law specifically cannot be obeyed at all, violence or no violence. Leo, on the other hand, teaches that human laws at variance with the divine or natural law are null and void, and that man must obey God’s laws rather than man’s in case of conflict.

This apparent extension can, we think, be explained by the Thomistic concept of natural law; that is, the natural law is the participation in the eternal law by reason (ST Ia IIae q.91 a.2 co.). Now, Thomas’s treatment of natural law is broader and more complex, especially as the natural law relates to virtue and vice versa, but this is a good enough statement of the law, so to speak. If, then, the natural law is our participation in the eternal law, then a violation of the natural law has consequences in the realm of the eternal law. To hold otherwise would be to introduce a division between the natural law and the eternal law, and Thomas himself repudiates the notion that the natural law and the eternal law are somehow separate (ST Ia IIae q.91 a.2 ad 1). Thus, a law that violates the natural law violates also the eternal law.

It is also worth observing, perhaps idly, that Thomas also taught that just laws flow from the natural law (ST Ia IIae q.95 a.2 co.). In particular, there are two ways this works. One, the lawgiver may draw conclusions from the premises of the natural law. Two, the lawgiver, acting as a craftsman, may give a particular shape to this or that idea inherent in the natural law. All this explains, in part, why there is a diversity of human laws, instead of one set of implementations of the natural law (ST Ia IIae q.95 a.2 obj. 3 & ad 3). It also gives us some pause about adopting a too-ferocious attitude about what is or is not consistent with the natural law. In the words of Thomas Gilby, O.P., the natural law is not “a kind of grid that could be laid on the plan of human life; it is the first stage in the working out of the living idea in divine government for incompletely intelligent and loving creatures, moving them to their fulfillment” (Blackfriars Summa v.28 appx. 6, p. 178). Gilby also makes manifest the connection between the natural law and the common good (ibid.). In some instances, it will be readily obvious that a human law contravenes the natural law. Take the laws on abortion in many western countries as an example. But, in other cases, it will not be so obvious that the law violates the natural law or harms the common good. In these cases, careful reasoning is required.

However, to a modern mind, or, indeed, even a particularly patriotic mind, there is a bigger problem than whether Leo goes beyond St. Thomas or whether there is an apparent difference between a law that violates the eternal law and a law that merely violates the natural law. There appears to be a serious contradiction between a duty to resist and a duty to obey. In part, this is due to liberalism, which rejects the idea that a law contrary to the eternal or natural law is no law; instead, the will of the sovereign, however that is defined, is sufficient to provide authority to law. It is also due to a disordered concept of the state, which tends toward positivism. Nevertheless, there may appear to be a contradiction between a duty to disobey unjust laws and true obedience to the state. But such a contradiction may be resolved, we think, by the profound resonances between this treatment in Sapientiae Christianae and a very interesting passage in Au milieu des sollicitudes, Leo’s 1892 ralliement encyclical. There, the pope taught, after condemning revolutionary activity generally:

it must be carefully observed that whatever be the form of civil power in a nation, it cannot be considered so definitive as to have the right to remain immutable, even though such were the intention of those who, in the beginning, determined it.… Only the Church of Jesus Christ has been able to preserve, and surely will preserve unto the consummation of time, her form of government. Founded by Him who was, who is, and who will be forever, she has received from Him, since her very origin, all that she requires for the pursuing of her divine mission across the changeable ocean of human affairs. And, far from wishing to transform her essential constitution, she has not the power even to relinquish the conditions of true liberty and sovereign independence with which Providence has endowed her in the general interest of souls… But, in regard to purely human societies, it is an oft-repeated historical fact that time, that great transformer of all things here below, operates great changes in their political institutions. On some occasions it limits itself to modifying something in the form of the established government; or, again, it will go so far as to substitute other forms for the primitive ones—forms totally different, even as regards the mode of transmitting sovereign power.

And how are these political changes of which We speak produced? They sometimes follow in the wake of violent crises, too often of a bloody character, in the midst of which preexisting governments totally disappear; then anarchy holds sway, and soon public order is shaken to its very foundations and finally overthrown. From that time onward a social need obtrudes itself upon the nation; it must provide for itself without delay. Is it not its privilege—or, better still, its duty—to defend itself against a state of affairs troubling it so deeply, and to re-establish public peace in the tranquillity of order? Now, this social need justifies the creation and the existence of new governments, whatever form they take; since, in the hypothesis wherein we reason, these new governments are a requisite to public order, all public order being impossible without a government. Thence it follows that, in similar junctures, all the novelty is limited to the political form of civil power, or to its mode of transmission; it in no wise affects the power considered in itself. This continues to be immutable and worthy of respect, as, considered in its nature, it is constituted to provide for the common good, the supreme end which gives human society its origin. To put it otherwise, in all hypotheses, civil power, considered as such, is from God, always from God: “For there is no power but from God.”

(Footnotes omitted and emphasis supplied.) In other words, Leo distinguishes between the civil power itself and its political form or mode of transmission. The government, so to speak, exercises and transmits the civil power, but it is not the civil power itself. Now, one can—and no less an authority than Roberto de Mattei has—criticize Au milieu and ralliement for a variety of reasons. Perhaps there is a tension between Leo’s illiberal—that is to say, Christian—politics and his embrace, likely for prudential reasons, of ralliement.

However, as we said, it seems to us that there are resonances between Sapientiae Christianae and Au milieu. That is, the division between the civil power and the political government explains—considered in addition to the authority of Holy Writ—the apparent contradiction between a duty to disobey unjust laws and a simultaneous claim to obedience. The civil power, constituted by God “to provide for the common good,” would not—cannot—be at variance with the divine or natural law, for the divine and natural law are the common good in a meaningful way. However, political governments, made up of men, can be at variance with the divine or natural law, insofar as man considered individually may sin. The political government, when it is at variance, ceases to exercise the civil power in that instance. The government, in purporting to promulgate an unjust law, has lost its divine sanction. But recall that it is not the civil power; it is simply the political form and means of transmission. Thus, the Christian obeys the true civil power while rejecting the invalid act of the political government. The duty to resist is thereby harmonized with true obedience.

It seems to us that Catholics have lost this sense of higher obedience. Instead, they have adopted the dreary liberal notion that the laws must be respected, right or wrong. The Catholic’s sole recourse in the case of a bad law is to pursue change of the law through the designated channels. Of course, it is perhaps unlikely that a government that implemented a bad law would leave open meaningful channels for Catholics to agitate for change. To resist the law more openly is, for many, sedition. Leo explains that this simply is not the case, and it is in the context of these erroneous attitudes that Leo’s teaching may be called “radical.” It is, as Leo explains, true obedience to the civil power to resist unjust laws. The political form of government is not the civil power. This does not create a sanction for revolutionary activity, of course, as Leo’s discourse in Au milieu is in the immediate context of condemning revolution, but neither does it require a sort of fatalistic quietism. It is a crime to obey an unjust law. Worse than that, by promulgating an unjust law, the political government has lost, at least in the scope of the law, its divine sanction to rule.

The Christian, then, confronted with a government that has abdicated its divine sanction to rule, must remain obedient to the immutable civil power, which is from God, which may include obedience to the government where it rules justly. In other words, the contradiction between a duty to resist unjust laws and obedience to civil authorities is only apparent. With a correct understanding of what the civil authorities are—and are not—the contradiction disappears. One may resist a government without resisting the civil power if the government has ceased to exercise the civil power justly, which is to say altogether.

III.

You may, dear reader, object for whatever reason to the sort of analysis we have engaged in here. However, our point, even if we are wrong in our assessment of the Leonine magisterium on this question, is that the Leonine magisterium must be recovered by Catholics attempting to navigate this political moment. We submit, perhaps not quite as humbly as we ought, that this analysis is an example of what Catholics ought to be doing: returning to sound authorities and reconstructing a notion of politics in accordance with right reason. Leo’s teachings open up a vista onto other authorities, such as St. Thomas and Aristotle, who are themselves necessary to construct this politics. A politics, as it were, worthy of the name.