Ryan Messmore: The recent election gave new energy and
attention to an age-old challenge: the need to bring people
together and build Consensus on moral and political issues. At the
DeVos Center, we are particularly interested in where people derive
their sense of justice, freedom, right, and other fundamental
concepts and what makes meaningful conversation about these topics
possible in a pluralistic society.
Dr. Greg Forster has written a helpful book that wrestles with
some of these same questions. In it, he explores the concept of a
natural moral law, the idea that human beings have an inherent
sense of right and wrong. This concept has been a key driver of
much Christian political thought in the West. It exercised
significant influence on America's Founding Fathers and has helped
to shape the development of fundamental tenets of liberal
democracy.
We are pleased to have Dr. Forster here with us today to explore
the implications of moral law both for America's founding and for
her future.
Dr. Forster received his Ph.D. in political science from Yale
University. He has served as Senior Research Associate at the
Manhattan Institute and as Director of Research at the Friedman
Foundation for Educational Choice. He recently joined the Kern
Family Foundation as Program Director for American History,
Economics, and Religion, where he identifies and manages grant
activities that help build the intellectual infrastructure of a
free and just society.
Dr. Forster is the author of several books, including John
Locke's Politics of Moral Consensus and his latest,
The Contested Public Square: The Crisis of Christianity and
Politics. In addition, his articles have appeared in leading
newspapers and scholarly journals, and, most important, he is the
proud father of a three-year old named Anya.
-- Ryan Messmore is William E. Simon Fellow in Religion and a
Free Society in the Richard and Helen DeVos Center for Religion and
Civil Society at The Heritage Foundation.
Greg Forster,Ph.D.: I had wanted to speak to you
on the subject of the desperate need for a federal bailout of
scholars of political philosophy, but Ryan suggested that perhaps a
more appropriate subject would be "A Political Idea That Won't Go
Away: Implications of Moral Law for America's Founding and
Future."
What is this idea that won't go away, the idea that politics
should be based on some conception of moral law?
Moral Law and Limits on Government
Authority
First of all, it's always important to clarify that this idea is
not implying that all moral laws are politically enforceable. No
one, to my knowledge, has a vision of setting up a moral police
force that will have an unlimited mandate to enforce a total vision
of the moral good in all aspects of human life.
Indeed, as far back as political philosophy reaches, we find a
distinction between moral laws that are politically enforceable and
moral laws that are not politically enforceable. For example, the
moral law against murder is politically enforceable. Theft, fraud,
breaking contracts -- these moral laws are politically
enforceable.
On the other hand, I'm not aware of anyone who wants the moral
law against pride to be politically enforced. Indeed, for the past
2,000 years, while Christian theologians and philosophers have held
pretty consistently that pride is the worst of all sins, I'm not
aware of any of them who thought that there should be a law against
pride, and if any such proposal exists, it certainly never got
widespread support. So at the same time as pride is considered to
be the worst moral sin, there is no political prohibition sought
out against it.
In fact, over time, we find this distinction between political
laws that are and are not enforceable getting more sharply drawn
and narrower. That is, the set of moral laws that are considered to
be politically enforceable has been shrinking.
I think this distinction is only implicit in most of the
pre-Christian political thought, Plato and Aristotle. It's
difficult to imagine Aristotle thinking that all moral laws are
politically enforceable, but Aristotle doesn't consider this to be
a really important subject, and he doesn't devote a lot of
attention to it.
Whereas the early Christians, because of the persecution of
Christianity, begin arguing -- what? "Government should not be
interfering with our religion. Government should not be forbidding
our religion." So there you have a sharply drawn limit on the
authority of government. What they argued was, "We are good
citizens, and that's what counts." While they did not develop that
idea more generally in their own time, it went on later to have
very radical consequences.
After Christianity became the majority religion in the West,
Christians did not simply abandon this idea of a limit on
government authority. Quite the opposite: I think no one has ever
improved on Augustine's position that the tendency to elevate
politics to a more important place in human life than the modest
place that it ought to have is a reflection of man's sinful desire
to play God. I think Milton Friedman could not have put it better,
for all of his genius in articulating the principles of
freedom.
Indeed, this distinction that some moral laws are not
politically enforceable is itself considered to be a moral law.
It's one of the moral laws that are politically enforceable, that
you should not politically enforce moral laws that don't lend
themselves to political enforcement or that are not appropriate for
political enforcement.
So the idea of politics based on moral law is not inherently
tyrannical or totalist. It does not imply an unlimited mandate to
impose a total vision of the good. Quite the contrary: It is the
only possible basis for limits on government authority. If you want
to say government should not enforce certain moral laws, that word
"should" implies there is at least one moral law at the heart of
politics. And once you've implied that, then the question is not
whether there are moral laws at the heart of politics, but
which moral laws are at the heart of politics.
Politics Requires Moral Law
Having taken this necessary digression to talk about what this
idea is not, let me tell you what I think this idea is. I think the
argument is that there is no other possible basis for politics
besides these politically enforceable moral laws. If you are
looking for a basis for politics, the only place you will find it
is in an idea of moral laws that are politically enforceable.
If you look back over the history of political philosophy, there
have been a number of attempts to find a justification for politics
in other places, and what it always seems to boil down to is some
psychological need. The argument is that in human nature there is
some psychological need that politics satisfies. To take one
example, Thomas Hobbes argues that the desire for self-preservation
is the strongest desire in human nature, and this is why we have
politics and why we should have politics.
There are two major problems, at least, with all of these
attempts to ground politics in some psychological need. One is that
the accounts of psychology they use are not true. For example, it
is not true that the desire for self-preservation is the strongest
desire in human psychology. If you doubt that, you can open a
newspaper and find out that there are lots of people in the world
who are perfectly prepared to sacrifice their own self-preservation
for all kinds of ends, good ends and bad ends.
Just last week I was struck when the writer Mark Steyn noted
that on a trip to Guantanamo Bay, he had met a psychiatrist whose
job was to monitor the mental health of the inmates, and he
reflected that monitoring the mental health of terrorists who set
out to blow themselves up in order to kill innocent people is an
inherently problematic undertaking. He says that he asked, "If a
suicide bomber is suffering from depression, how can you tell?"
Alas, he does not report the answer that he got. I would love to
hear the answer to that question.
The point is that it is simply not true that self-preservation
trumps all other desires in human psychology. While other theorists
have found other bases in human psychology, these other theories
generally turn out not to be true as well.
But that is only one problem. Let's stipulate, for sake of
argument, that the amoral theorists of politics are right in their
account of human psychology. This would only provide an explanation
of political behavior, not a justification for political behavior,
and a justification for political behavior is needed.
In other words, politics requires moral law. You can call it
something else, and in fact a lot of the activity of the
professional political theorists in the 20th century has been aimed
at finding some other label -- "normative principles" or whatever you
choose -- but ultimately, we're talking about moral law.
Politics Is Ruling by Authority
Politics requires moral law because it requires a concept of
obligation. The whole question of politics arises because people
disagree, and they often cannot settle their disagreements
peacefully.
If I think I'm right and you think you're right, if I think that
you've cheated me and you think that you've treated me fairly, then
we have a conflict. Perhaps we could settle this conflict
peacefully. We could talk about it, and I could convince you to
change your mind, or you could convince me to change my mind. If
not, then perhaps we could come to some compromise. Even if both of
us continue to think that each of us is in the right, we may come
to some settlement, and if we do so peacefully, then no political
involvement, no political question, need be involved. But often
people cannot settle their differences peacefully on their own, and
that's when politics enters the picture.
There are only two ways for politics to settle these disputes
that people cannot settle peacefully: by persuasion or by
force.
When I say by persuasion, rule by persuasion, I'm not talking
about persuading people to change their minds about the rightness
or wrongness of their position. If you can persuade someone that in
fact he wasn't cheated, then you haven't done anything political.
You've only just perpetuated this process of talking with each
other about whether or not there was cheating going on.
I'm talking about persuading people to submit to an
authoritative decision-maker. If we go to court, and the judge
decides that you're right and I'm wrong but I still think I'm
right, then someone needs to persuade me that even though I think
I'm right, I should submit to the authority of the judge as the
arbiter of that dispute.
This persuasion to submit oneself to the decision-making of
another, even when one thinks that decision was wrongly made,
requires a concept of authority. Someone needs to be the
authoritative decision-maker, and there needs to be an obligation.
This is what authority means. There needs to be an obligation to
submit to that person's decision-making, and that is moral law: the
idea that you ought to submit to this decision-maker. That word
"ought" implies the moral element, and that's what politics is.
This, by the way, is what the classical social contract
theorists had in mind when they talked about rule by consent. Rule
by consent does not mean democracy. For example, John Locke talks
about democracy, but that's not what he's talking about when he
talks about rule by consent. He's talking about something
completely different. This is why the classical political theorists
are able to say that there was rule by consent under feudalism in
the Middle Ages: The feudal lords ruled by consent because they did
not rule simply by brutally suppressing by force every time people
disagreed with their rule, but rather, people felt they had an
obligation to obey the feudal lord.
We don't feel that we would have an obligation to obey if
someone tried to impose feudalism on us, and Locke would argue
that's because feudalism is not appropriate to our social situation
and so forth. But the point is that people obeyed because they felt
they had an obligation to obey, and we today obey our government
because we feel we have an obligation to obey it. Rule by consent
is consistently seen in the basis of politics.
Ruling by Force Is Not Politics
The only alternative to rule by persuading people to submit to
an authority is rule by force. You can, if you wish, force people
to submit to your rule without persuading them that your rule is
right. Among those who believe in this idea of moral law in the
basis of politics, this is called tyranny. If you remove the moral
element from politics, what you have is tyranny; you have rule by
brute force. And if rule is by brute force, then it has no basis in
justice; it has no justification. Why should a dictator be allowed
to impose his rule on others if it has no basis in right and
wrong?
Classically, it was considered that this was not politics at
all. When you have rule by brute force, you do not have politics;
you have, simply, criminality on a larger scale. This idea has its
roots in Plato and Aristotle. It finds its first really concrete
and formulated expression in Cicero; at least that's the most
profound articulation in the classical world, where Cicero says
that the definition of a political community is a group of people
who have a shared sense of justice, a shared idea of justice, and
are communally committed to that idea.
This is what makes a group of people a political community, not
simply a group of people. If you just go around the world and
collect people at random and put them together in one place, you
have not got a political community. What you need to get a
political community is a shared sense of justice.
Cicero says, "When I behold a tyrant, I know not only that the
community is corrupt, but that it is not a political community at
all." So we should not even speak of a tyranny as a political
community. This idea finds continued expression after Cicero in the
history of Western political thought.
Augustine, a great student of Cicero, has a famous line where he
says, "If you take away justice, kingdoms are nothing but criminals
on a large scale, and criminals are nothing but kingdoms on a small
scale." Unfortunately, that first phrase, "If you take away
justice," is often omitted when people quote this, and people get
the idea that Augustine thinks there's no distinction at all
between kingdoms and criminals. In fact, his point is that if you
take away justice, there's no distinction, but if government rules
on the basis of justice, then there is a distinction, and a crucial
one: that the kingdom that rules with a basis of justice is a
political activity, but a kingdom that rules without a basis in
justice is not engaged in politics at all. It's not a kingdom at
all. It's just a giant band of criminals.
Religious Freedom and Liberal
Democracy
This idea that government should be based on moral law has
always been the majority view. One finds it as the majority view
across cultures, across time periods. Of course, it has often been
the case that government did not in fact govern justly; but when
government governed unjustly, people called that unjust and
complained about it. So the view was always that government should
be based on justice, even where it wasn't.
In particular, it was this view that government should be based
on moral law that drove both the development of many of the key
political philosophical advances that preceded the American
Founding and the American Founding itself.
For example, people often have the idea that religious freedom
comes historically from a reduction in the importance of moral law
for government, but this is the opposite of the truth. People
became persuaded that the moral law required religious freedom;
that is, that enforcing faith on people by law was against
morality -- was unfair, to put it bluntly; that fairness required
government that was based not on religious faith, but on a concept
of justice that was shared among human beings, not rooted in any
particular faith.
Similarly, the developments that we refer to generally as
"liberal democracy" were driven by a commitment to government based
on moral law. For example, the separation of powers into
legislative, executive, and judicial branches and the idea of
elected representatives so that you have a middle way between
direct democracy on the one hand and aristocracy on the
other -- these developments which, cumulatively, we call liberal
democracy were driven by a desire to make government more just.
We want these things -- separation of powers and representative
democracy and so forth -- because they make government more just. It
was a commitment to justice, to moral law, that drove this
development.
The American Founding
One can see this particularly in the American Founding, which
is, at least for Americans, the culmination of the rise of
religious freedom and the rise of liberal democracy.
There seem to be two equal and opposite misconceptions about the
American Founding which are very widely held. On the one hand,
there is an idea of an amoral American Founding -- or, if not
radically amoral, at least an American Founding that sought to
reduce the importance of moral law to politics; a view that grounds
the American Founding historically in the Continental
anti-Christian enlightenment; a view that emphasizes that the
American Founders were a bunch of deists, and they wanted to reduce
the moralism of government.
This, I think, is clearly inconsistent with the historical
record. Although obviously some Founders are deists, and there is
some evidence pointing in this direction, on the whole, it's not an
accurate picture.
On the other hand, there seems to be an equal and opposite
misconception that the American Founders were theocrats, or wanted
a biblical republic modeled on the Massachusetts Bay Colony or
Calvin's Geneva or Scotland or any of the other examples of
biblical republics from the 16th and 17th centuries. One finds this
view largely because many people see the evidence that the American
Founders are Christians, for the most part are evangelical, are
very passionate about their commitment to Christianity and see a
role for religion in the public life of the nation. Therefore, they
must have been in favor of this vision of a theocratic
government.
I think that also is inconsistent with the historical record.
Rather, the American Founders, by and large, were interested in
grounding government on an idea of justice -- moral law -- that was
shared among humanity in common. In Christian political thought,
this is called "natural law." There are other names for it, but the
idea is that God has given all human beings reason and conscience
and that, through these faculties, everyone has some awareness of
right and wrong and that this common human idea of justice is the
basis of politics.
One great example where you can find this is in the
Federalist Papers. For anyone who has, or who would like to
have, a career in anything political in the United States, I
strongly recommend sitting down and reading through the
Federalist Papers -- not just the famous ones, but the whole
book.
It's a very practical book. It's focused not on airy, abstract
philosophizing. It's about the day-to-day problems of governing a
society. Yet it keeps coming back, time and again, to questions of
justice: How do we make government more fair?
This illustrates, I think, that for the American Founders,
nothing was more practical than justice, understood as a moral law.
There is nothing more practical, more necessary for the nuts and
bolts of everyday governing, than a robust sense of the moral law
on which government is based. To put it the opposite way, nothing
is more remote from real experience, nothing more airy and
unrealistic, than trying to build an account of politics that does
not base politics on moral law.
Two Ideas That Won't Go Away
The title of this talk is "A Political Idea That Won't Go Away,"
and I've spent most of my talk articulating what that idea is. Let
me conclude with the question of an "idea that won't go away."
The very title shows you just how deeply ingrained is the
expectation that for some reason we ought to expect this idea to go
away. In the 20th century, we got many confident predictions that
the tide of history was about to sweep this old, discredited,
superstitious idea away, that the day of enlightenment was at hand,
and that victory was about to be delivered by the forces of history
into the hands of those who see no moral foundation for
politics.
I think it's clear from the state of political life now that
this is not happening. Predictions of the demise of moral politics
seem to have been greatly exaggerated, and it seems to be clear
now, even to the people who don't share this idea, that this is an
idea that is not going away.
However, the idea that politics should not be based on moral law
is also not going away, and it's not going to go away. As
far back as the history of political philosophy reaches, if you go
back to the earliest political philosophy, we find these two ideas
already locked in a mortal struggle -- a seemingly eternal mortal
struggle. The idea of moral politics and the idea of amoral
politics are already present, already formulated, and already
fighting each other even in the earliest political philosophy.
The idea of moral politics, as I have said, is always found to
be in the majority among the population, but the idea of amoral
politics always finds a following among a small group of
influential social elites and thus is a force to be reckoned with
wherever we turn in the historical record. I'm tempted to say that
the main difference seems to be that people who advocate moral
politics generally don't claim to be riding on the crest of a
historical wave that is about to sweep their opponents away.
But why do we keep expecting this idea to go away? Why do people
keep formulating this expectation that history is about to sweep
this idea away? Partly, it is because people want to evade moral
obligation. If we say and believe as a nation that government is
based on moral law, that will have an effect on public policy.
Certain things will be forbidden that would otherwise be permitted,
and people want to do those things. So if people want to do those
things, they don't want the idea of politics based on moral
law.
I don't want to give the impression that that is the only -- or
even the most important -- reason that people support amoral politics
and expect moral politics to go away. People also fear that the
wrong moral laws will be enforced if we permit the enforcement of
moral laws, and, indeed, this fear has legitimate historical
grounding. Fairly often, we find moral laws that shouldn't be
enforced being enforced in the historical record, and a lot of
suffering has come out of that. It is a real problem, and we would
do well not to try to evade that real problem.
The argument for moral politics is not that the idea is always
rightly implemented, but simply that there is no alternative: that
wherever you turn you will be driven back to the need for a
justification of politics. The word "justification" itself implies
a moral law by which things are justified.
The Need for Social Consensus on Moral
Law
Indeed, the question of which moral laws ought to be enforced
and which ought not to be enforced is probably more acute now than
it has ever been. It is certainly more acute now than it has been
in recent history, and by recent I'm using a long time span.
Politics requires not only an idea of right and wrong, but also
a social Consensus about that idea, a social Consensus about what
justice is. If we're going to have government, it's going to
enforce an idea of justice, and if government is going to enforce
an idea of justice, that idea had better be grounded in a social
consensus. If you have government enforcing an idea of justice that
most people think is wrong, you're headed for a major crisis that
will have a lot of negative consequences.
The existence of a social Consensus on justice for most of our
history was reinforced by a shared community religion. This was one
of the main arguments why we should have government enforcement of
a shared religion. Society needed it because it needed to have this
Consensus on justice. Now that we have religious freedom, we no
longer have a shared community religion, and because we don't have
a shared community religion, we don't have that reinforcement of a
social Consensus about justice.
We can't go back on religious freedom. We can't go back to
having a shared community religion enforced by law, nor should we
go back. But given that we can't and shouldn't go back -- that
religious freedom was the right choice to make -- how do we maintain
social Consensus about justice in the absence of a shared community
religion?
The original advocates of religious freedom in the 17th century
and before did not usually seem to think that there would be a
problem. They didn't provide us with any account of how we could do
this because it wasn't on their radar. If you look at John Locke,
for example, the paradigmatic early advocate of religious
freedom -- indeed, the one who stands right at the historical fulcrum
where religious freedom begins to become predominant -- this is just
a thought that does not seem to even occur to him, that there would
be difficulty maintaining social Consensus about justice without a
shared religion.
In Locke's defense, and in defense of the other early advocates
of religious freedom, it should be said that this was only a
hypothetical problem in their time. After the rise of religious
freedom when this becomes a concrete problem, people become aware
of it pretty quickly. But subsequent generations have not yet
figured out a good answer to this problem.
I think that the greatest mind that ever set itself to solving
this problem was Tocqueville, and many people seem to have an
impression that Tocqueville came up with the answer. They say,
"Tocqueville gave us the answer: You need strong churches, strong
families, and strong voluntary associations, and that will maintain
the moral foundations of liberal democracy."
Tocqueville certainly did say that if you can maintain
strong churches, strong families, and strong voluntary
associations, that would be adequate to maintain the moral
foundations of liberal democracy, but Tocqueville goes on to say
that the very same forces in liberal democracy that force you to
work to reinforce this moral foundation are undermining strong
families, strong churches, and strong voluntary associations. Over
time, we can expect that the social conditions of liberal democracy
will undermine strong families, strong churches, and strong
voluntary associations.
The last century and a half or so since he wrote does not seem
to give much ground for doubting the importance of that cautionary
note. If anything, he seems to have been fairly broadly vindicated
on that.
If Tocqueville didn't have the answer and didn't pretend to have
the answer, I'm certainly not going to pretend that I have the
answer. I don't have the answer. So, on that perennial question of
what do we do now, the only thing I can say is: I don't know the
answer, but I do know that the first step, if you don't know the
answer, is to understand the question; that we need to work harder
as a nation, as a society, to understand the nature of the problem
better; and that that is a necessary first step to finding the
answer. We should be focused not on trying to impose some
understanding that we have already developed, but rather on trying
to work out the problem and figure out a solution that will work in
our own time.
To take an example to illustrate this, housing policy is much in
the news lately, and it's conceived of almost entirely without
reference to questions like justice. It's conceived of largely in
terms of what will produce prosperity, what will produce an
efficiently functioning economy, and so forth. But it seems to me
we haven't really grasped the issue unless we include the question:
Does justice require government policy to coerce banks to give
mortgages to less creditworthy applicants, or does justice forbid
government policy to coerce banks to give mortgages to less
creditworthy recipients? One could extend that question by analogy
to other economic issues.
Conclusion
This is just an example, but it's an illustration of the need to
bring in this issue of justice in our discussions of public policy.
The widespread talk about morality in politics may lead to an
impression that we are already saturated with moralism in our
politics.
I think you can see the moral element implicit in a lot of
places, but we need to do a better job of addressing it, first of
all, explicitly and, second of all, in a better articulated manner
and in a manner that understands that we don't yet have the answer
to this problem of social consensus. We need to see this as an
unsolved problem.
Questions Answers
Zachary Cagley: I can only find myself in agreement with
your repudiation of Hobbes. I do have a question: If survival isn't
the strongest desire for humanity, what is the strongest desire?
And is that a natural state, with reference to St. Augustine, or is
it a deviation from nature?
Greg Forster: I think part of our current problem is that
we are not comfortable with whether politics should answer that
question. I tentatively think my position would be that politics
cannot impose a shared answer to that question without giving up on
the idea of freedom of religion.
Christianity -- you mentioned Augustine -- teaches that for the
natural man, the strongest desire is to play God. This is why, as I
mentioned, pride is considered to be the worst sin; but for those
who have received the regenerating power of the Holy Spirit, that
is no longer the strongest desire. Of course, those who do not
accept Christianity are not going to accept this view. It seems to
me that if you answer that question in a political system, you've
given up on freedom of religion. Again, whether you can come up
with a social Consensus on justice without answering that question
is a difficult problem that I don't have the answer to.
Since you asked me my own opinion, being a Christian myself, I
share the view that for the natural man, the desire to play God is
the strongest desire. But I don't want to enforce that politically
because of my commitment to freedom of religion.
Dino Drudy: The question I have for you is whether the
distinction between moral government or its alternative -- you called
it tyranny; I would call it government by force -- is in fact an
artificial distinction, that moral government is simply a special
case of government by force, or a special case of consensus.
In this country, for example, consent at various junctures has
been enforced at bayonet point, particularly vis-à-vis the
states of the South. Similarly, even though the 21-year-old
drinking age enjoys three to one support among the electorate, it's
probably the exact reverse among the 18, 19, and 20-year-olds,
nearly all of whom have fake IDs, and they clearly reject the idea,
by having fake IDs, of moral support or consent, or they perceive
the majority view as simply a form of injustice.
Could you address this argument that it is simply a special case
of government by force?
Greg Forster: That is the issue, isn't it? The argument
against government based on moral law is that all government is
ultimately government by force and that those who advocate
government based on moral law are simply advocating a form of
government based on force.
There is certainly no disagreement that without force you're not
dealing with government, that government exists to enforce its
position. When you say, "Is this simply government by force?" I
think the key word is "simply." No one denies that force is
necessary to government. The question is whether that force is
justified and accompanied by a larger political community that is
primarily ruled not by force, but by persuasion of authority.
The subset of cases where force is necessary is actually a small
subset of the total cases of political decision-making. Most
political decisions are not actually, in practice, enforced by
soldiers or police officers pulling out their guns and forcing
people to do things. When a court makes a decision, usually people
submit to it not because there's a bailiff in the court with a gun,
but because they believe they have an obligation to obey because
the court is the authoritative decision-maker. This is an empirical
question as to whether that's usually the case, and that's the
argument we're having between these two schools of thought.
Again, the position of those who advocate politics based on
moral law is that, ultimately, politics requires justification
because if it doesn't have justification, it's not politics; it's
mere force against simply force, and simply force is not politics
unless you're prepared to say that when a mugger takes your wallet,
he's engaged in ruling you as your political ruler, in which case
the concept of politics has been expanded so broadly that it
becomes capacious.
So if we believe there is a distinct human activity called
politics, the only way to conceive of that is as the sphere of
human activity grounded in authority and enforced by coercive
power. I think that would be the response. In any event, what
you're raising is the fundamental challenge of the opposite view to
the view that I'm articulating.
Joe loconte: One of the things you've been alluding to is
this evaporation of the moral Consensus on big questions: human
sexuality, the nature of marriage, fatherhood -- things you didn't
explicitly say but I think are probably implied in your talk.
My question is: What aspect of that moral law, broadly
understood, would you love to see renewed somehow in our cultural
life and our institutions? And how might conservatives go about
that in a way that speaks to people's aspirations rather than in a
way that's more judgmental or scolding, which tends to be a problem
in the conservative ranks?
Greg Forster: Just to digress before I give you the
direct answer: That element of scolding, I think, largely comes
from the conception of the problem as being that America simply
needs to become more moral. Certainly there is always room for any
population to become more moral. Indeed, being a Christian, I hold
that view rather strongly. But that is not, strictly speaking, a
specifically political issue. Exhorting people to become more moral
should be primarily the job of families and churches and voluntary
associations.
But getting to your specific question, I would not say that
these social issues you name are the particular focus of this
issue. I tried to illustrate that by mentioning housing policy. I
think this applies everywhere. Certainly it does apply to the
social issues, and perhaps these social issues are the ones where
we are most acutely aware that this is the issue.
If you ask me, "What is one aspect that I would most like to see
restored?" I have again a tentative answer. My tentative answer
would be promise-keeping. The moral law of promise-keeping is
clearly a moral law that is appropriate for political enforcement.
That's what a contract is: It's a promise.
Again, housing policy -- people applying for mortgages they know
they can't afford. Banks giving out mortgages that they know are
very likely to default.
Or you mentioned marriage. What is the classical argument for a
strong marriage policy? It's not based on sexual morality at all.
As C. S. Lewis said, there is not a special kind of morality called
"sexual morality" any more than stealing fruit is an offense
against some special subset of morality called "fruit morality." If
you steal my apple, you're not violating fruit morality; you're
simply violating morality. He said that in the context of a
discussion of marriage, and he advocated, primarily, that what we
need is a restoration of the idea that marriage is a promise. It's
a contract, and violating it comes not under the head of sexual
morality but under the head of justice; that is, keeping your
promises to people. One could expand on this theme broadly and
apply it to other areas of policy.
It seems to me this is an area where we don't have religious
differences over promise-keeping. It's not a specifically Christian
teaching that if you make a public promise, and you sign your name
on a piece of paper to it so that there's no doubt about whether
you made the promise and what exactly you were promising to do, you
ought to keep that promise.
If ever there were an example of a moral idea that's shared by
humanity in general, there it is. Yet we have all sorts of social
crises, from the housing crisis to marriage to whatever you want to
name, that go down at root to the fact that people don't feel a
strong moral injunction to keep their promises. So off the top of
my head, that's the one I would choose.
Brian Brown: Harvey Mansfield was here a couple months
ago, and he spoke about the trend in politics where politicians
justify their decisions based on necessity -- we needed to go to war
in Iraq, we need to do this, we need to do that -- as opposed to it's
right to do it.
A lot of what you've spoken on is bottom-up -- people need to be
more moral so we can have better politics -- but what about the other
way around? What is the role that you see for politicians, other
than the bully pulpit, as far as continuing this conversation?
Greg Forster: If by the bully pulpit you mean politicians
exhorting people to be more moral in their personal behavior, I
think the importance of that is rather low compared to the
importance of churches and families and other non-political
institutions involved in character formation. When it comes to
politics, the primary place where politics intersects with morality
is in the institution of moral laws as criminal laws and other
political actions.
For example, you mentioned the war. Implicit in all of our
political rhetoric is the moral question, but it is not
sufficiently made explicit. I think the moral element in politics
is so pervasive that one does not in fact find politicians talking
as though there were no such thing as right and wrong. However,
politicians do not feel comfortable very often saying, "This is the
right thing to do."
In international affairs, this is particularly complicated by
the fact that we are, in John Quincy Adams's words, the friends of
freedom everywhere but the custodians only of our own. That's a
much misunderstood phrase. What does it mean to be the friend of
freedom everywhere? It's not actually an isolationist position, is
it?
If we're to be the friend of freedom everywhere, that has
implications for our behavior. However, we are the special
custodian only of our own liberty, not of the liberty of other
people, and traditional moral law does say nations have a special
obligation to their own citizens that they don't have to others,
even though they do have moral obligations to others. So in
international affairs, this is a particularly touchy problem.
I think the main way that government influences people's moral
formation is the sense that both the laws and the actions of
government reflect a moral order, and this influences people's
personal morality much more than the President getting up behind a
podium and wagging his finger and telling people to be more moral.
Somebody said, "It's true that people support the hanging of
thieves primarily because they think theft is wrong, not because
theft is against the law; however, one of the reasons people think
theft is wrong is they see thieves hung."
The fact that government enforces these laws and does so
consciously as the embodiment of a moral order used to be one of
the primary influences shaping people's personal morality, and
recovering that sense that government is founded on a moral order
is going to be one crucial element of restoring people's personal
morality because it provides an element that only politics can
provide. For all the importance of families and churches and
voluntary associations and so forth in the formation of moral
character, there is this element that only politics can
provide.
Stuart Royter: Within the context of your speech, how do
you reconcile the different moralities such as our Constitution
versus Shar'ia law or Islamic requirements upon people, which leads
to beheadings, amputations, et cetera?
Greg Forster: This is an old problem, of course, for the
philosophy of religious freedom. One finds it in John Locke's A
Letter Concerning Toleration, which is sort of the touchstone
of early religious freedom thought.
Often, Locke's comments about the problem of accommodating
Muslim citizens are taken simply as a cover for talking about the
problem of accommodating Catholic citizens in Protestant England.
But while some of what he says is clearly just code for talking
about the problem of accommodating Catholic citizens in Protestant
England, I think a lot of it is aimed specifically at Muslims.
Just a few years before A Letter Concerning Toleration
appeared, the Ottoman Empire was besieging Vienna. This was a live
issue in people's minds, that there are people in the world who
believe that their religion teaches that they must be obedient to a
foreign ruler and make war upon the unbeliever.
Locke provides, I think, a very good, very serviceable argument
for why religion that teaches these things cannot be included under
freedom of religion because it's inconsistent with the civil law.
If your religion teaches that you need to impose by force your
religion on your neighbor, then you can't be allowed to act on
that. That has to be opposed.
We need to refrain from imposing our religion on other people,
but we need to be highly confident in the rightness of imposing
justice on people. If we say -- and we're right to say
it -- that imposing your religion on other people is wrong, we need
to be highly confident in our right to stop people from imposing
their religion on other people, because that's a moral issue.
It comes back again to my argument that you're never going to
escape the need for moral law. If you want to oppose the imposition
of religion on unbelievers, the forcible imposition of one person's
religion on another, the only way you're going to do it is by
saying, "That's wrong, and it's the kind of wrong that government
should prevent."
How is it that you get people to be very confident and not
doubtful, not self-questioning, not feeling wrong about it? We
should not have this sense that we're doing something wrong if we
fight people to preserve freedom of religion.
We need to have this robust confidence, the kind of robust
confidence that the soldier going out to promote what he believes
is his religious duty has. We need to have the confidence that our
view is right, and we should have it all the more because our view
is right: that stopping that kind of thing is required by justice,
and we're right to stop it.
How do you get people to feel that away about enforcing justice
in the context of a society where we don't have a shared community
religion and government can't appeal to a shared religion as a
psychological basis and a moral, metaphysical, intellectual basis
for that view? That's the problem I don't have an answer to, but I
will not falsify what little I do know is true by retreating either
from religious freedom or from the need for a robustly moral
political order.
I know we need to have both. How we can maintain both on an
ongoing basis is the problem I think we need to address.