An Exchange Relevant to the Problem of Dirty Hands

From Robert Bolt's "A Man for All Seasons."

  • William Roper: So, now you give the Devil the benefit of law!
  • Sir Thomas More: Yes! What would you do? Cut a great road through the law to get after the Devil?
  • William Roper: Yes, I'd cut down every law in England to do that!
  • Sir Thomas More: Oh? And when the last law was down, and the Devil turned 'round on you, where would you hide, Roper, the laws all being flat? This country is planted thick with laws, from coast to coast, Man's laws, not God's! And if you cut them down, and you're just the man to do it, do you really think you could stand upright in the winds that would blow then? Yes, I'd give the Devil benefit of law, for my own safety's sake!

But what if giving evildoers the benefit of law leads to the permanent ascendancy of evil and the destruction of all civilization? You say that can't happen? How do you know that? Because God wouldn't allow it? How do you know that God exists? You don't know that; you believe it.  Belief is not knowledge even if supported by reasons.  Can you prove that the Good must triumph in the end?  No you can't. I myself believe that the Good must triumph is the end.  But this is  matter of faith, not knowledge.

Of course, you might just say: Fiat iustitia, pereat mundus! "Let there be justice though the world perish!" But what would be the good of abstract justice if we were all to perish? The administration of justice via the rule of law in general and laws in particular is for the sake of human flourishing, and not the other way around.  The law exists for us; we don't exist for the law. The same goes for government without which there could be no equitable administration of justice.  Government exists for the benefit of the people; the people don't exist for the benefit of government and those who control it.

Welcome to political aporetics! 

To put the aporia as sharply as possible, the following are individually plausible but mutually inconsistent:

A. Moral reasons for action ought to be dominant: they trump every other reason for action such as 'reasons of state.'

B. Some actions are absolutely morally wrong, intrinsically wrong, morally impermissible always and everywhere, regardless of situation, context, circumstances, consequences.

C. Among absolutely morally wrong actions, there are some that are (non-morally) permissible, and indeed  (non-morally) necessary: they must be done in a situation in which refusing to act would lead to worse consequences such as the destruction of one's nation or culture.

It is easy to see that this triad is inconsistent.  The limbs cannot all be true.  (B) and (C) could both be true if one allowed moral reasons to be trumped by non-moral reasons.  But that is precisely what (A), quite plausibly, rules out.  

The threesome, then, is logically inconsistent. And yet each limb makes a strong claim on our acceptance. To solve the problem one of the limbs must be rejected.  Which one? 

Resuming the “Never-Trump Mentality” Thread

Tom Tillett often leaves very good comments, but he is 'slow on the trigger.' As a result, his contributions often get buried and go unread. I get the impression that he is someone who actually works for a living [grin].  Today he left two long but very good comments on the Never-Trump Mentality post.  Here is the first, and here is the second which I now reproduce: 

Bill writes to Malcolm, >>are you prepared to endorse extra-political means to defeat our political enemies?<<

Malcolm writes, >>This is war, and we should do what we can to win, rather than do only what we may, and lose. <<

A difficult question for me, but I am on Malcolm's side on this. I think the question depends on what time you think it is. Attacking and boarding a ship under another nation's flag is an act of piracy and the crew of the attacking ship is subject to criminal prosecution. However, any crew that does the same in a declared war cannot be prosecuted because such actions are under a completely different set of rules and laws.

Likewise, what tactics we adopt from the Left's arsenal depends on whether you think the Left has declared all-out war on the rest of us. I think it's clear that they have, and I believe Malcolm agrees. If so, then this is not normal politics and different, more flexible rules apply as to how we should respond.

How flexible? I dunno. But the clearest case is the reprehensible lawfare the Democrats are engaged in. I think Republican state AGs need to crank up the lawfare against Democrats. How about Adam Schiff running for the Senate in California? Since the DC Courts have stripped Trump of his presidential immunity for acts taken as President, then Schiff has no immunity for his acts and outright lies to the American public while in Congress. Surely there is an obscure statute somewhere that can be misinterpreted to hold [place?] Schiff in the docket.

Bullies need to be punched in the mouth or they will continue to punch the rest of us in the mouth – or worse.

BV agrees with Malcolm and Tom that we are at war with the Left, and he agrees with Tom's use of the phrase, "declared all-out war." The war is over the soul of America.  The question concerns whether we should (i) preserve what remains of America as she was founded to be, and (ii) restore those good elements of the system bequeathed to us by the Founders, while (iii) preserving the legitimate progress that has been made (e.g. universal suffrage), OR whether we should replace the political system of the Founders with an incompatible system which can be described as culturally Marxist.

(This formulation of what the war is about may ignite some dissent among us friends. My approach is restorationist, not reactionary. There is the danger, however, of a merely semantic quibble. The combox is open.)

Tom implies that there are certain rules of engagement in the conduct of our war with our political enemies and that it is not the case that any and all means can be employed to defeat them.  Here is where it gets very interesting. 

I used to say, "You lie about us and we'll tell the truth about you." Now I am inclined to say, "You lie about us, and we'll lie about you." Slander us, we slander you. Smear us, we smear you. Shout us down, we shout you down. And so on.

So here is something we need to get clear about. Given that there are some rules of engagement with our political enemies, and that we cannot, or rather ought not, do just anything to win, what are the rules in this supersessionist (not secessionist, and not successionist) civil war in which we are now combatants? 

Notes on Anarchism I: R. P. Wolff on Authority

Top o' the Stack. One of my better efforts. First in a series.

Robert Paul Wolff's In Defense of Anarchism (Harper 1970, 1976) is a good book by a clear thinker and master expositor. Here is a first batch of interpretive and critical notes. I use double quotation marks when I am quoting an actual person such as Wolff. Single quotation marks are employed for scaring, sneering, and mentioning. I am punctilious to the point of pedantry about the use-mention distinction. Numerals in parentheses denote pages in Wolff's text. 'W' abbreviates 'Wolff.'

1. Overview. W's thesis is that "the concept of a de jure legitimate state" is "vacuous" and that "philosophical anarchism" is "the only reasonable political belief for an enlightened man." (19) W. proceeds by first explaining the concepts of authority and autonomy and then arguing that they are irreconcilable. The upshot is that the state lacks moral justification. This entry is about authority. It will be followed by two more, one on autonomy, and one on their conflict.

Beware of Projecting . . .

. . . your values and attitudes into others. We are not all the same 'deep down,' and we don't all want the same things. You say you value peace and social harmony? So do I. But some are bellicose right out of the box. They love war and thrive on conflict, and not just verbally.  

It is dangerous to assume that others are like we are.  (I am thinking right now of a very loving and lovable female neighbor  who makes the dangerous assumption: she has a 'Coexist' sticker affixed to her bumper.)

Liberal 'projectionism' — to give it a name — can get your irenic self killed.

Coexist sticker

As desirable a desideratum as peaceful coexistence is, it is inconsistent with totalitarian systems. This is why communism and Christianity cannot coexist assuming that they remain true to their defining principles.  (Or at least they cannot coexist in one geographical area over the long term.) They are mutually exclusive worldviews. And of course they are not just comprehensive views of the world and the people in it, but practical systems of prescriptions and proscriptions oriented toward the guidance of human action.  The actional side is paramount in both systems. Old Karl said that the philosophers had variously interpreted the world when the point was to change it. (Karl Marx, Eleventh Thesis on Feuerbach).  A serious Christian could say that the philosophers had variously theorized and speculated when the unum necessarium was the salvation of one's immortal soul.  "For what doth it profit a man, if he gain the whole world, and suffer the loss of his own soul?" (Matthew 16-26)  A library of learned disquisitions on the nature of the soul is of no avail if one in the end suffers its loss.

Christianity and Islam are also quite obviously mutually exclusive on both  doctrinal and  practical planes. Note that both in their ideological purity are totalitarian. (Christianity in the West has of course been liberalized to a great extent and is thus no longer ideologically pure.) The two in their pure forms make a total claim on the lives of their adherents. They cannot peacefully coexist in the same geographical area over the long term. The Muslim says to the infidel: either convert to the truth faith, or accept dhimmitude, or be put to the sword. That, for a Christian, is indeed a trilemma: you will be impaled on one of three horns, but you are free to choose which one. 

Can classical liberalism, the touchstone of which is toleration, coexist with any totalitarian ideology, religious or secular? No again. The classical liberal can and will tolerate any ideology as long as it respects the principle of toleration; it cannot, however, tolerate the rejection of this very principle, the principle that defines it. The rub, for the totalitarian, is that if he accepts the principle of toleration, he can no longer remain totalitarian: he will have to adjust his tenets in various ways. Classical liberalism and totalitarian systems are mutually exclusive. 

So where does this leave us? There can be no peaceful coexistence in one and the same geographical area over the long term except under classical liberalism.  For classical liberalism alone is tolerant of deep differences and is alone respectful of our equally deep ignorance of the ultimate truth about the ultimate matters.  Why must we be tolerant? Because we do not know. The classical liberal  is keenly aware of the evil in the human heart and of the necessity of limited government and dispersed power. So he is justified in making war against fanaticism, onesidedness, and totalitarian systems of government whether theocratic or 'leftocratic.'  It would not be a war of extermination but one of limitation. It would also be limited to one's geographical area and not promoted abroad to impose the values of classical liberalism on the benighted tribalists of the Middle East and elsewhere.

Finally, can American conservatism and the ideology of the Democrat Party in its contemporary incarnation peacefully coexist? Obviously not, which is why there is a battle for the soul of America. Either we defeat the totalitarian Left or we face a nasty trilemmatic trident: acquiesce and convert; or accept dhimmitude; or ne cancelled in one livelihood and then eventually in one's life.

Was Kyle Rittenhouse a Vigilante?

I have been known to refer to David French as a useful idiot in the sense usually attributed to V. I. Lenin, but I won't repeat that legitimate charge here. I'll just say that French is exasperating in the Trump-hating pseudo-conservative style of David Brooks, George F. Will, Bill Kristol, Mona Charen and the rest of the all-talk-and-no-action bow tie brigade.   Here is French in The Atlantic,  publication in which is a good tip-off as to one's political stance:

When Kyle Rittenhouse walked the streets of Kenosha in the midst of urban unrest following the police shooting of Jacob Blake holding a rifle in the “patrol carry” or “low ready” position, similar to the positions used by soldiers walking in towns and villages in war zones, without any meaningful training, he was engaged in remarkably dangerous and provocative conduct. But that dangerous and provocative conduct did not eliminate his right of self-defense, and that self-defense claim is the key issue of his trial, not the wisdom of his vigilante presence.

French fails to note that the police shooting of Blake was justified inasmuch as the black criminal with an impressive rap sheet refused to obey police commands and pulled a knife on the officer. French is undoubtedly aware of the lethality of knives and indeed that their lethality is in some circumstances in excess  of that of a 9mm semi-automatic pistol. But let that pass.

Note the phrase "vigilante presence." A vigilante is someone who takes the law into his own hands. But the authorities had abdicated and  Kenosha was at the time lawless. Someone who defends life, liberty, and property in a Hobbesian state of nature against armed barbarian arsonists, looters, and potential murderers is arguably not a vigilante. But of course it depends on how one defines 'vigilante.' 

If a citizen shoots a home invader who threatens death or grave bodily harm to the home's occupants, no one calls that a vigilante action even though the citizen has taken crime prevention and law enforcement into his own hands.   The law makes an entirely reasonable exception in a case like this thereby suspending in such circumstances its monopoly on the use of force in law enforcement and crime prevention. This exception allows for others. When the authorities abdicate, they no longer can claim to have a monopoly on the use of force since they have refused to employ force in the upholding of the law. So it falls to the citizen.  When the authorities are in dereliction of duty, their authority evaporates.

It is thus a cheap slander on the part of French to tar Rittenhouse with the pejorative 'vigilante.'   Later in the article,

But there is also an immense difference between quiet concealed carry and vigilante open carry . . . .

Two points. French is suggesting that open carry, as such, is a vigilante action. It is not, although it is inadvisable in most circumstances. If that is not what French wanted to imply, then he is a sloppy writer. Second, Rittenhouse was out to deter the thugs and concealing his weapon would not have had that effect! 

Can you appreciate why someone would consider French to be a useful idiot? Instead of standing up for the rule of law and condemning both the politicians who want to defund the police, and the leftist prosecutors who refuse to prosecute criminals, he wastes his energy attacking an idealistic. good-hearted  17- year-old  boy who bravely if unwisely stood up against the barbarians. The net effect is to give aid and comfort to those French ought to be opposing. Like Rod Dreher and others, he doesn't understand that he has to take a side here and that it is impossible to float above the fray as if he were a transcendental spectator with no stake in the outcome.

The question to put to French is: Which side are you on?

Related: David French, Christianity, and Politics

Polarization and Flotation in Politics

Can we avoid both polarization and a noncommittal floating above the fray that does not commit to one side or the other? I fear not. Politics is war. You must take a side. You can't play the philosopher on the battlefield.  A warrior at war cannot be "a spectator of all time and existence," as noble as such spectatorship is.   A warrior who is fully human, however, will know when to put aside his weapons and take up his pen.  He will know that, in the end, "The pen is mightier than the sword." But only in the end. Now you are in the field. If you don't survive the fight, there will be no time left for 'penmanship.'

Two Related Political Mistakes

1) One is the idea that we can all live together and get along despite deep differences in language, race, religion, culture, political convictions and basic values.  This, the contemporary liberal position, either is or tends towards the idea that there are no limits on productive and mutually beneficial interaction among  very different types of people.   It  either is or tends toward the conceit that a viable One can be made out of any Many. This is e pluribus unum taken to an extreme and reduced to absurdity. The Latin dictum on our coinage has a rather more moderate meaning: it means that out of  many individuals and geographical regions and states one nation can arise, provided that there are deep commonalities of language, culture, religion, and values. Whose values? Well, not the values of sharia-supporting Muslims whose values are antithetical to traditional American values which are, in the main, the values of the Enlightenment.  The Founders, for example, were anti-theocratic but not anti-religious. 

2) The other mistake is the idea is that those who have, or believe they have,  a superior worldview are justified in imposing it on others, by force if necessary, for their own good.  Forced religious conversion is one form of this. A second is the ill-starred attempt at nation building which has played a central role in the current debacle in Afghanistan.  You cannot impose upon people whose backward culture is downstream from an inferior religion a way of life that cuts against their grain and for which they lack the prerequisites. They would have had to have gone through something like our Enlightenment to to be able to benefit from our tutelage when it comes to setting up a viable system of governance.  

3) The two mistakes may seem to pull in opposite directions. The first presupposes that we are all the same, have the same values, and want the same things.  The second presupposes that some need to be 'straightened out' and taught the right way of doing things. But the mistakes share a common element, that it would be good to bring people together and that it is possible to do so. This is a failure to understand that there are irreconcilable differences. There is no way we can straighten out the Taliban and teach them how to live, especially when we are collapsing under the weight of our own decadence.  'Woke' madness and Western decadence is no cure for Islamist fanaticism any more than National Socialism is the cure for Communism.

Back on the Rant

During Lent I was, in a manner of speaking, hors de combat, but of my own free will. But now the happy warrior is back in the Facebook trenches doing battle with our political enemies. No leftists need apply.  Fruitful discussion is possible only on the common ground of shared attitudes, values, presuppositions, and principles. That common ground no longer exists inasmuch as the Democrat Party is now an outlet of hard leftism to such an extent that our political opponents are now political enemies.

I am afraid Carl Schmitt is right: in the political sphere the defining opposition is that of Freund und Feind, friend and enemy.

Attributed to Robert Frost

Here:

"A liberal is a man too broad-minded to take his own side in a quarrel” is usually credited to American poet Robert Frost (1874-1963). Frost used the quote in January 1961 (discussing John F. Kennedy, who Frost thought was not this type of liberal) and Frost used it again in January 1962. A popular form of the quotation is: “A liberal is someone who won’t take his own side in a fight.”

William Ernest Hocking (1873-1966) wrote this in his book What Man Can Make of Man (1942): “He lends himself to the gibe that he is ‘so very liberal, that he cannot bring himself to take his own side in a quarrel.’” It is not known where Hocking got the phrase, or if Frost (who was an avid reader) was borrowing from another source.

One can be hobbled by one's virtues. There is something noble about being fair-minded, objective, and considerative of all points of view. It is the way of the philosopher, the lover of objective truth, "the spectator of all time and existence" in a stirring line from Plato's Republic. But before a man is a philosopher, he is a man of flesh and blood, brutally embedded in a brutal world in which he must stand his ground and battle his enemies. He must not allow his noble viewership of life's parade to make impossible  his marching in it.  

An Important Issue in Political Philosophy: Robert Barron versus George Will

For many of us who reject leftism, and embrace a version of conservatism, there remains a choice between what I call American conservatism, which accepts key tenets of classical liberalism, and a more robust conservatism.  This more robust conservatism inclines toward the reactionary and anti-liberal. The difference emerges in an essay by Bishop Robert Barron entitled One Cheer for George Will's The Conservative Sensibility. The bolded passages below throw the difference into relief.

And so it was with great interest that I turned to Will’s latest offering, a massive volume called The Conservative Sensibility, a book that both in size and scope certainly qualifies as the author’s opus magnum. Will’s central argument is crucially important. The American experiment in democracy rests, he says, upon the epistemological [sic] conviction that there are political rights, grounded in a relatively stable human nature, that precede the actions and decisions of government. These rights to life, liberty, and the pursuit of happiness are not the gifts of the state; rather, the state exists to guarantee them, or to use the word that Will considers the most important in the entire prologue to the Declaration of Independence, to “secure” them. Thus is government properly and severely limited and tyranny kept, at least in principle, at bay. In accord with both Hobbes and Locke, Will holds that the purpose of the government finally is to provide an arena for the fullest possible expression of individual freedom. [. . .]

With much of this I found myself in profound agreement. It is indeed a pivotal feature of Catholic social teaching that an objective human nature exists and that the rights associated with it are inherent and not artificial constructs of the culture or the state. Accordingly, it is certainly good that government’s tendency toward imperial expansion be constrained. But as George Will’s presentation unfolded, I found myself far less sympathetic with his vision. What becomes clear is that Will shares, with Hobbes and Locke and their disciple Thomas Jefferson, a morally minimalistic understanding of the arena of freedom that government exists to protect. All three of those modern political theorists denied that we can know with certitude the true nature of human happiness or the proper goal of the moral life—and hence they left the determination of those matters up to the individual. Jefferson expressed this famously as the right to pursue happiness as one sees fit. The government’s role, on this interpretation, is to assure the least conflict among the myriad individuals seeking their particular version of fulfillment. The only moral bedrock in this scenario is the life and freedom of each actor.

Catholic social teaching has long been suspicious of just this sort of morally minimalist individualism. Central to the Church’s thinking on politics is the conviction that ethical principles, available to the searching intellect of any person of good will, ought to govern the moves [sic] of individuals within the society, and moreover, that the nation as a whole ought to be informed by a clear sense of the common good—that is to say, some shared social value that goes beyond simply what individuals might seek for themselves. Pace Will, the government itself plays a role in the application of this moral framework precisely in the measure that law has both a protective and directive function. It both holds off threats to human flourishing and, since it is, to a degree, a teacher of what the society morally approves and disapproves, also actively guides the desires of citizens.

I applaud the idea that the law have both a protective and a directive function.  But to what should the law direct us? 

On a purely procedural liberalism, "the purpose of the government finally is to provide an arena for the fullest possible expression of individual freedom. " This won't do, obviously. If people are allowed the fullest possible expression of individual freedom, then anything goes: looting, arson, bestiality, paedophilia, voter fraud, lying under oath, destruction of public and private property, etc.  Liberty is a high value but not when it becomes license. Indisputably, ethical principles ought to govern the behavior of individuals. But which principles exactly? Therein lies the rub. We will presumably agree that there must be some, but this agreement gets us nowhere unless we can specify the principles.

If we knew "with certitude the true nature of human happiness or the proper goal of the moral life" then we could derive the principles. Now there are those who are subjectively certain about the nature of happiness and the goal of life.   But this merely subjective certainty is worth little or nothing given that different people and groups are 'certain' about different things.  Subjective certainty is no guarantee of objective certainty, which is what knowledge requires.  This is especially so if the putative knowledge will be used to justify ethical prescriptions and proscriptions that will be imposed upon people by law.

For example, there are atheists and there are theists in almost every society. No atheist could possibly believe that the purpose of human life is to know, love, and serve God in this world and be happy with him in the next.  From this Catechism answer one can derive very specific ethical prescriptions and proscriptions, some of which will be rejected by atheists as a violation of their liberty. Now if one could KNOW that the Catechism answer is true, then those specific ethical principles would be objectively grounded in a manner that would justify imposing them on all members of a society for their own good whether they like it or not.

But is it known, as opposed to reasonably believed, that there is a God, etc.?  Most atheists would deny that the proposition in question is even reasonably believed.  Bishop Barron's Catholicism is to their minds just so much medieval superstition. Suppose, however, that the good bishop's worldview is simply true.  That does us no good unless we can know that it is true. Suppose some know (with objective certainty) that it is true. That also does us no good, politically speaking, unless a large majority in a society can agree that we know that it is true. 

So while it cannot be denied that the law must have some directive, as opposed to merely protective, function, the question remains as to what precisely it ought to direct us to.  The directions cannot come from any religion, but neither can they come from any ersatz religion such as leftism.  No theocracy, but also no 'leftocracy'!  Separation of church and state, but also separation of leftism and state.

This leaves us with the problem of finding the via media between a purely procedural liberalism and the tyrannical imposition of  prescriptions and proscriptions that derive from some dogmatically held, but strictly unknowable, set of metaphysical assumptions about man and world.  It is a dilemma inasmuch as both options are unacceptable.  

I'll end by noting that the main threats to our liberty at the present time do not emanate from a Roman Catholicism that has become a shell of its former self bereft of the cultural relevance it enjoyed for millennia until losing it in the mid-1960s; they proceed from leftism and Islam, and the Unholy Alliance of the two.

And so while the dilemma lately noted remains in force, a partial solution must take the form of retaining elements of the Judeo-Christian worldview, the Ten Commandments chiefly,  and by a restoration of the values of the American founding. Practically, this will require vigorous opposition to the parties of the unholy alliance.

The Political Equivalent of Divorce?

You've heard me say that we need to find the political equivalent of divorce if we are to reduce the animosity that threatens to destroy us as a nation. But the marital analogy limps badly. Although I don't think much of Damon Linker, he talks sense here:

Part of me gravitates to a fantasy of divorce. Maybe both sides would be happier if we just separated and went our separate ways, like unhappy spouses who call it quits after a few-too-many wounding arguments and rounds of couples therapy.

But of course that's delusional. A nation isn't like a marriage — certainly not companionate marriage based on individual choice. But it's not even a more traditional arranged marriage where there is a period of youthful independence before the union is announced and formalized. Unless you're an immigrant, your country is where you find ourselves at birth. It's a given — like a family in which you are born and raised before you even come to complete self-awareness. It shapes your outlook on the world in more ways than you can ever fully grasp.

Families can break up, tear themselves asunder, but it usually isn't pretty. Neither are divorces. But at least a divorce takes places within a legal and moral frame that persists outside the marriage. Certain rules abide and apply to both parties, guiding the division of marital assets and looking out for the welfare of any children, with an impartial judge overseeing and enforcing it all. There is no such external structure when an extended family breaks apart into feuding factions.

Linker ends on this encouraging note:

Do we hate each other? And if we do, what are our viable options as a polity? I don't know how to answer those questions.

Me neither.  There are options, of course, but I don't see any as particularly viable.  Perhaps a long hot civil war that spills an ocean of blood might bring leftists to their senses, but the prospect of a couple of decades of extreme civil disorder is not an appetizing one.