Via Althouse on a recent U.S. Supreme Court decision.
‘That’s the line up in American Legion v. American Humanist Association, the case about the 32-foot cross on public land that honors soldiers who died in WWI. The American Legion won — the case is reversed and remanded. It will take me a little time to find my way through those opinions. The precedents in this area of the Establishment Clause have been very confused, and (as someone who taught those cases for many years) I want to know how the Court puzzled through them this time.’
As posted many years ago now:
Sometimes a cross isn’t just a cross, as Stanley Fish notes. All parties involved didn’t think it’s a good idea to strip the cross from it’s religious meaning in law.
Aside from an interesting comparison on a specific legal question, perhaps there are underlying currents as well.
‘The Grand Chamber of the European Court of Human Rights (ECtHR) rendered by 15:2 in Lautsi v Italy (App. No.: 30814/06) on the 18th March 2011 that it is justifiable for public funded schools in Italy to continue displaying crucifixes on the classroom walls.’
Here’s a quote from The Stanford Encyclopedia Of Philosophy:
“The philosophy of human rights addresses questions about the existence, content, nature, universality, justification, and legal status of human rights. The strong claims made on behalf of human rights (for example, that they are universal, or that they exist independently of legal enactment as justified moral norms) frequently provoke skeptical doubts and countering philosophical defences.”
And further on down the line, some humanists are pretty ‘aspirational’ as well as having a logo and a revised manifesto.
Martha Nussbaum argues profoundly for more equality but also removing religion as a source for the laws: From The Reason Archives: ‘Discussing Disgust’ Julian Sanchez Interviews Martha Nussbaum
…Sometimes a cross isn’t just a cross, as Stanley Fish notes. From Law At The End Of The Day: ‘Torn Between Religion And Law In Spain’
I’ll repost the below again because, in America, I believe we’ve likely tipped from a majority religious civic fabric and culture to something more like a majority secular culture. This likely brings a lot of European problems over (people searching for meaning, membership, group belonging). We’ve got less frontier and more hierarchy and more reactions to inequality and the same old socialism gaining deeper representation in our politics.
Ack, mutter, so much German theory and deep, metaphysical maps:
I’m sure some will be eager to note that this took place in Budapest, Hungary, a country currently under politically right leadership, out from under tradition and institution-destroying Communist bureaucracy, in the news these days for refusing many Middle-Eastern refugees.
I recommend the video, as Scruton spent many years behind the Iron Curtain, working with folks to help chart a course out of Communist rule.
Moral Relativism is actually quite hard to define:
A quote that stuck out:
‘There’s an attempt to produce a universal, objective morality, but without any conception of where it comes from.’
Where does the moral legitimacy come from to decide what a ‘human right’ is? A majority of ‘right-thinking’ people? A political majority? Some transcendent source?
As this blog has often noted, such secular idealism can lead to an ever-expanding list of human-rights, demands, and obligations; these in turn leading to rather sclerotic, over-promising, under-delivering, deeply indebted European states and poorly functional international institutions. It can also produce a kind of liberal bien-pensant worldview, which can catch a radical cold every now and again, but which generally supports political leaders claiming such ideals and causes. Oh yes, most folks nowadays believe we’re progressing, but where was that we were progressing to, exactly? How do you know this to be true?
Many Christians in the West tend to see such secular idealism and humanism as being birthed from Christianity, and as being unmoored from the duties and obligations that come with religious belief in a transcendent God. People haven’t changed that much, after all, nor has human nature, they often subtly argue, pointing out the many consequences such secular humanist claims have in the world by placing all kinds of laws, duties, and obligations upon us all.
Ross Douthat made similar arguments some years ago while promoting his book ‘Bad Religion:‘
‘…what is the idea of universal human rights if not a metaphysical principle? Can you find universal human rights under a microscope?‘
As previously posted:
Natural law, Christian theology and metaphysics meet liberalism, gay rights, and a more rights-based definitions of liberty. Saletan and Douthat are discussing Douthat’s new book Bad Religion and having a back and forth.
Douthat puts forth the following:
‘Indeed, it’s completely obvious that absent the Christian faith, there would be no liberalism at all. No ideal of universal human rights without Jesus’ radical upending of social hierarchies (including his death alongside common criminals on the cross). No separation of church and state without the gospels’ “render unto Caesar” and St. Augustine’s two cities. No liberal confidence about the march of historical progress without the Judeo-Christian interpretation of history as an unfolding story rather than an endlessly repeating wheel’
Perhaps modern American liberalism can claim other roots for itself. Here’s a quote from Leo Strauss, who has influenced American conservative thought heavily:
“Strauss taught that liberalism in its modern form contained within it an intrinsic tendency towards extreme relativism, which in turn led to two types of nihilism. The first was a “brutal” nihilism, expressed in Nazi and Marxist regimes. In On Tyranny, he wrote that these ideologies, both descendants of Enlightenment thought, tried to destroy all traditions, history, ethics, and moral standards and replace them by force under which nature and mankind are subjugated and conquered. The second type – the “gentle” nihilism expressed in Western liberal democracies – was a kind of value-free aimlessness and a hedonistic”permissive egalitarianism”, which he saw as permeating the fabric of contemporary American society.”
And another quote on Strauss, which seems more compelling to me:
“As Strauss understood it, the principle of liberal democracy in the natural freedom and equality of all human beings, and the bond of liberal society is a universal morality that links human beings regardless of religion. Liberalism understands religion to be a primary source of divisiveness in society, but it also regards liberty of religious worship to be a fundamental expression of the autonomy of the individual. To safeguard religion and to safeguard society from conflicts over religion, liberalism pushes religion to the private sphere where it is protected by law. The liberal state also strictly prohibits public laws that discriminate on the basis of religion. What the liberal state cannot do without ceasing to be liberal is to use the law to root out and entirely eliminate discrimination, religious and otherwise, on the part of private individuals and groups.”
I’m more interested in the many people who are claiming that more freedom is necessary to reach a liberal ideal as they go about extending it to another group of people. They aren’t just asking for a little more freedom, for as we humans do, they are striving to make their ideal the highest thing around, as well as a source for the laws, and a way to organize people and a path to political power and influence. That seems to be part of the deal, but rarely discussed and I think should be open for debate a la Strauss. Christianity certainly has a lot of experience in that realm.
Related On This Site: While politically Left, Slate used to be a bit edgy, thoughtful, occasionally more of a haven for artists, writers, creative thinkers and iconoclasts (Christopher Hitchens was a good example). At least Saletan thinks pretty deeply From Slate: William Saletan’s ‘White Men Can’t Jump’
Nussbaum argues that relgion shouldn’t be a source for the moral laws From The Reason Archives: ‘Discussing Disgust’ Julian Sanchez Interviews Martha Nussbaum…More on Strauss as I’m skeptical of his hermeticism and his strong reaction to Nietzsche and some things he may have missed about the Anglo tradition: From Philosophy And Polity: ‘Historicism In German Political Theory’…From The Selected Writings By And About George Anastaplo: ‘Reason and Revelation: On Leo Strauss’
How does Natural Law Philosophy deal with these problems, and those of knowledge?