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Archive for the ‘Western Civilization’ Category

John William Corrington on Science, Symbol, and Meaning

In American History, American Literature, Arts & Letters, Essays, History, Humanities, John William Corrington, liberal arts, Literary Theory & Criticism, Literature, Philosophy, Scholarship, Western Civilization, Western Philosophy, Writing on November 28, 2018 at 6:45 am

John William Corrington’s essay “Science, Symbol, and Meaning” (1983) is archived at Centenary College as “Houston Talk.” It was the opening address at the Second Annual Space Industrialization Conference of the National Space Society in Houston, Texas. It has been included in my recent edition of Corrington’s work, which is available for purchase by clicking on this image:

The subject of “Science, Symbol, and Meaning” is man’s exploration of outer space and the potential physical instantiation of certain theories about the structure of the cosmos. Corrington sets out to “reconstruct” Western culture, first by defining and describing it and then by diagnosing what he calls its “deformity,” which involves confusion regarding the differences between mythical and scientic modes of knowing.

This essay uses the subject of space exploration as a starting point for recommending remedies to this so-called deformity. Corrington purports to derive his thesis about time and cosmic order from Eric Voegelin, Martin Heidegger, and Giorgio de Santillana. He critiques the “illusion” that scientific thinking displaced mythopoetic thinking in the West because, he says, theological and symbolic thinking has been used to make sense of the data that has been objectively arrived at and disinterestedly gathered. This illusion will no longer stand, Corrington suggests, as the expanse of space becomes more intimately known to us and we begin to acknowledge the role that myth plays in ordering our experience within the observable cosmos.

Rationalism and empiricism are, Corrington suggests, themselves forms of myth about our ability to know the cosmos that we occupy.

Corrington emphasizes the limits of human knowledge and submits that modern science is, however useful, myth; science, he says, is not “co-extensive with the manifold of reality.” Science equips us with symbols that can be manipulated to structure and explain our thinking about the phenomenal universe.

The drive for the enterprise of space exploration, in his view, represents a repressed desire to know and order our experience; it is in this sense a structural element of our psyche, something that is not new to modernity but long felt and expressed. For this reason Corrington believes the “leap into space is the heritage and destiny of Western Man.” Corrington’s prescription, in light of his comments on space exploration, for  the “deformity” in Western thinking is as follows:

We must re-learn and carry to the heart the old verities that existed before the rise of metaphysics and science, the truths that were carried on and carried down through the mythological structure of the psyche: the unity of humanity and the cosmos, the illusory and ephemeral quality of the ego, the one law common to all that penetrates and encompasses the fine structure and the gross structure of reality.

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Is Ocasio-Cortez Right About Rights?

In America, American History, Arts & Letters, Books, Christianity, Civics, Conservatism, History, Humanities, liberal arts, Liberalism, Philosophy, Politics, Western Civilization, Western Philosophy on August 29, 2018 at 8:45 am

This article originally appeared here in The Intercollegiate Review. 

Colin I. Bradford writes fawningly that Alexandria Ocasio-Cortez, a member of the Democratic Socialists of America, reaffirms “the centrality of the individual, individual rights, liberty, and freedom in which respect, trust, fairness and responsibility loom large.” He depicts Ocasio-Cortez as the embodied union of individualism and collectivism, someone who, in his words, “sees the individual as both a solitary being with certain inalienable rights and as a citizen and member of society.”

There’s much to unpack in Bradford’s frightfully grand statements, but let’s briefly consider some historical context for them.

“Modern Western ‘democracies,’” says John W. Danford, “are actually better described as liberal commercial societies. They rest on principles of individualism and individual rights—especially legal rights—which are more fundamental than democracy, and also much newer.”

Individual Rights Came from Christianity

The belief that humans by their nature possess “rights” against which governments may not transgress has not always been commonly held. Larry Siedentop’s Inventing the Individual: The Origins of Western Liberalism (2014) made the compelling case that natural rights theories are distinctively Christian in origin. He presents the ancient pagans as tribal and patriarchal, characterized by fierce loyalty to kin and clan and lacking conscientious differentiations between public and private life. (The operative differentiation was between public and domestic life.) Inequality was accepted as a given; the notion of rights was practically nonexistent. What mattered was the family unit: secure lineage, child bearing, and glorification of the paterfamilias as the powerful hero. Cities emerged from familial corporate associations around which property relations were structured according to class hierarchies.

Correlated with the rise and spread of Christianity in the West was the proliferation of the concept of the individual as a rights-bearing creature with inherent dignity, which any legal order properly so called must recognize and protect. The teachings of Jesus Christ and St. Paul redirected political thought away from the material, phenomenal world and toward the afterlife, eternity, and the soul. The message that grace through Christ was available to anyone, not just rulers or the highborn, underscored the autonomy of the individual, the self-aware subject. A Christian emphasis on personal moral agency and responsibility, moreover, undercut Greek and Roman aristocratic culture and its attendant traditions of ancestor worship.

Siedentop contends, therefore, that Christianity, not the Renaissance, was the fountain of individualism. If the Enlightenment was the height of philosophizing about the relationship of the individual to society, then it was also the natural outflow of earlier eras shaped by Christianity. This narrative runs counter to the portrayal of medieval Christianity as closed and authoritarian and of the Enlightenment as predominately secular. It illuminates Danford’s description of modern liberal societies as fundamentally committed to individual rights embedded in the law.

Mutual Submission, Similar Ethics

A distinguishing feature of Enlightenment thinking was social contract theory, which is particularly important to the Anglo-American legal tradition as manifest in Magna Carta (1215), the English Bill of Rights (1689), the Virginia Declaration of Rights (1776), the Declaration of Independence (1776), and the U.S. Bill of Rights (1789–91). These documents enshrine the principles of equality under the law, basic human dignity, rule of law, consent of the governed, popular sovereignty, and natural rights.

The most celebrated delineations of social contract theory belong to Hobbes, Locke, and Rousseau. A simplistically synthesized account of their three hypothetical origins of political society runs like this: humans once existed as free agents in an ungoverned state of nature and eventually banded together in protective social units to enforce claims to property and defend against outside threats; voluntarily entering into these social units required individuals to give up unfettered liberty by consenting to the authority of a superintending body—a government— that exercised only those powers to which the individuals in the society corporately assented, either expressly or impliedly.

The social contract for a mature, successful society involves a collection of individuals wise enough to appreciate the reciprocal advantage of mutual submission and similar enough in ethics and morals to prescribe the proper scope, limits, and structure of the approved ruling authority. The U.S. Constitution, in theory, represents a social contract: a pact between citizens and its rulers that restrains government, divides power, and sets competing interests against one another with offsetting effect.

U.S. Supreme Court “Expansions”

The U.S. Supreme Court, in cases regarding the Fourteenth Amendment, began in the twentieth century to evaluate claims of unremunerated, allegedly fundamental rights in light of the history of judicial safeguards. A purported right was deemed presumptively fundamental if it enjoyed an established tradition of formal recognition by Anglo-American courts. Under this interpretive scheme, when the Supreme Court determined that an alleged right was nonfundamental, the alleged right would not be incorporated (via the doctrine of substantive due process) to apply against the states. The Supreme Court, however, gradually recognized particular suspect rights within broader categories of long-established rights. The so-called right to privacy, for example, that had valid antecedents in the common law was repurposed to include phenomena unknown at the common law.

The tendency of the Supreme Court in the twentieth century to expand (and, in some cases, to limit) the scope of alleged rights reveals, I think, that a privileged group of robed lawyers are inadequately equipped to philosophize about rights. The validity of alleged rights accrues socially, from the bottom up, when they can be traced over time to long-standing, if not immemorial, usage, customs, mores, and traditions, and when their practical applications have been tested by successive generations. Certain rights are natural, that is, prior to government promulgation, but their intelligibility is deeply historical, rooted, contextual, situational, and embedded.

Rights or Privileges?

One could argue, and Siedentop suggests, that Christianity’s institutionalization of rights discourse created the conditions necessary for secularization, in effect that Christianity ushered in a culture that led to its gradual removal from civic society. Siedentop postulates, in other words, that the success of Christianity eventuated its demise in the Western public sphere. The story of rights discourse in U.S. Supreme Court decisions lends credence to this perspective, revealing that prevailing notions of rights have grown to encompass what were once merely privileges.

If institutions follow culture, however, then a constitution that contemplates individual rights is only as good as the people it controls: a populace without extensive virtue will weaken or decline regardless of its organizational governance and administrative framework. Christianity may not have promoted ideas that caused its erasure from our governing institutions; rather, the people of the United States may have drifted away from the Christian ideas that made those institutions effective and stable.

Bradford recognizes that “individualist values of liberty, property rights, freedom and sovereignty worked well in the 20th century as the foundations of competition, free markets, democracy and the nation state.” Yet he sees these concepts as inadequate today, lacking something he believes Ocasio-Cortez can supply, to wit, a form of collectivism that in his representation facilitates community and social harmony. He simply fails to see that the unique individualism that emerged out of Christianity generated the community and social harmony he now desires.

There is no individualism absent the recognition that every human life, anywhere and everywhere, is precious and important. It follows from that premise that no one may violate the rights of others who themselves have not violated another’s rights. This principle, extended to society writ large, creates the conditions necessary for community to flourish. Individualism in Christian societies aided the growth of cities, institutionalized the dignity of the human person as a bearer of rights, and challenged rather than empowered abusive government. Ocasio-Cortez should not hope to eradicate this kind of individualism, for it has accomplished more good for humanity than the socialism she purportedly embraces.

Richard Bulliet on Transformations in Europe, 1500-1750

In Academia, Arts & Letters, History, Humanities, liberal arts, Pedagogy, Philosophy, Politics, Teaching, Western Civilization on July 18, 2018 at 6:45 am

In the following lecture, Professor Richard Bulliet discusses transformations in Europe during the period of 1500 – 1750:

Session Twenty-Four: Richard Bulliet on the History of the World

In Arts & Letters, History, Humanities, liberal arts, Pedagogy, Teaching, Western Civilization on May 30, 2018 at 6:45 am

Here, in the twenty-fourth lecture of his course, The History of the World, Richard Bulliet discusses the Latin West, 1200-1500:

Session Nineteen: Richard Bulliet on the History of the World

In Arts & Letters, Eastern Civilizaton, Historicism, History, Humanities, liberal arts, Pedagogy, Western Civilization on March 7, 2018 at 6:45 am

Here, in the nineteenth lecture of his course, The History of the World, Richard Bulliet discusses the History of the World to 1500 CE:

Session Eighteen: Richard Bulliet on the History of the World

In Academia, Arts & Letters, Historicism, History, Humanities, liberal arts, Pedagogy, Philosophy, Western Civilization on February 21, 2018 at 6:45 am

Here, in the eighteenth lecture of his course, The History of the World, Richard Bulliet discusses Inner and East Asia (400-1200 C.E.):

How Much Legislative Power Do Judges Really Have?

In America, Arts & Letters, History, Humanities, Jurisprudence, Law, liberal arts, Philosophy, Western Civilization, Western Philosophy on February 14, 2018 at 6:45 am

This article originally appeared here in The Intercollegiate Review.

During his confirmation hearing last year, Justice Neil Gorsuch told Senator Dick Durbin that Roe v. Wade was “the law of the land.” A recent Washington Post headline declared, in light of Obergefell v. Hodges, “Same-sex marriage is the law of the land.”

What does it mean that opinions of the United States Supreme Court are the law of the land? Is an opinion of the Supreme Court a law? If so, do judges make law? If judges make law, thereby exercising legislative powers, wouldn’t they be legislators, not judges?

If Supreme Court opinions are laws, how can they be overturned by later justices? Were the overruled decisions never actually law to begin with? Were they temporary laws? Were the American people simply bound for years by erroneous rules or judgments?

Ask these vexing questions of ten experts in constitutional law and you’ll hear ten different responses.

Why so complicated? Perhaps because the framework of American government is at stake. Centuries of political theory, moreover, cannot be condensed or expressed in concise opinions involving particular issues about fact-specific conflicts. Judges and justices are not positioned to delineate philosophical principles with nuance and sophistication. Yet they are tasked with administering the legal system and are guided by deeply held convictions or inchoate feelings about the nature and sources of law.

When we debate the role of judges vis-à-vis the legislative or executive branch, we’re invoking the separation-of-powers doctrine enshrined in the U.S. Constitution. That doctrine derives principally from the theories of Locke (1632–1704) and Montesquieu (1689–1755).

In his Second Treatise of Government, Locke claimed that the preservation of society was “the first and fundamental natural law.” Today we worry about the corruption and incompetence of members of Congress, but in Locke’s era, when the monarch exercised extraordinary powers, the legislature was a bulwark against tyranny. It represented the will of “the people.” The preservation of society thus required robust legislative authority.

“This legislative is not only the supreme power of the commonwealth,” Locke intoned, “but sacred and unalterable in the hands where the community have once placed it; nor can any edict of anybody else, in what form soever conceived or by what power soever backed, have the force and obligation of a law which has not its sanction from that legislative which the public has chosen and appointed.”

Why must the law emanate from the legislature? Because the legislature, in his view, embodied “the consent of the society over whom nobody can have a power to make laws.” Locke’s paradigm holds, accordingly, that the legislature speaks for the people, from whom legitimate government obtains its limited authority; legislation reflects a general consensus among the people about controlling norms, beliefs, and values. The judiciary is curiously absent from this paradigm.

Montesquieu articulated a tripartite model of governance, adding the judiciary to Locke’s calculus. He argued that a state of political liberty would not exist if any of the three branches of government—executive, legislative, or judicial—arrogated to itself powers belonging to another branch. The branches competed, effectively offsetting their respective powers through checks and balances.

Montesquieu and Locke were among the most cited thinkers during the American Founding. They were indispensable sources for the framers of the U.S. Constitution. The first three articles of the Constitution establish our three branches of government.

Concerns about the scope and function of judicial power have begun to divide legal scholars on the right. On one side are proponents of judicial restraint as practiced by Robert Bork, William Rehnquist, and Antonin Scalia; on the other side are advocates of judicial engagement, which calls for a more active judiciary that strictly enforces restrictions on government action.

The judicial-restraint camp contends that the judicial-engagement camp would have the judiciary infringe on legislative authority in violation of the separation-of-powers mandate. The judicial-engagement camp contends that judges deferring to political branches often abdicate their duties to enforce not only the constitutional text but also unenumerated rights allegedly inherent in that text.

The view that judges cannot make law is increasingly unpopular. “The dubious aspect of separation-of-powers thinking,” Richard Posner says, “is the idea that judges are not to make law (that being the legislator’s prerogative) but merely to apply it.” Posner submits that “judges make up much of the law that they are purporting to be merely applying,” adding that “while the judiciary is institutionally and procedurally distinct from the other branches of government, it shares lawmaking power with the legislative branch.”

If Posner is right, then Montesquieu’s trifurcated paradigm collapses. That, or our current system is not maximally amenable to liberty as conceived by Montesquieu.

Parties to a case generally recognize judges’ rulings as binding. Courts and institutions generally accept Supreme Court decisions as compulsory. Even individuals who defy judicial rulings or opinions understand the risk they’re taking, i.e., the probable consequences that will visit them. Judicial rulings and opinions would seem, then, to be law: they announce governing rules that most people respect as binding and enforceable by penalty. If rulings and opinions are law, then judges enjoy legislative functions.

Yet the natural law tradition holds that law is antecedent to government promulgation—that indissoluble principles exist independently of, and prior to, pronouncements of a sovereign or official. On this view, the positive law may contradict the natural law. Which, then, controls? Which is the law, the one you’ll follow when push comes to shove?

Your answer might just reveal how much legislative power you believe judges really have.

Session Sixteen: Richard Bulliet on the History of the World

In Academia, Arts & Letters, Christianity, Historicism, History, Humanities, liberal arts, Western Civilization, Western Philosophy on January 31, 2018 at 6:45 am

Here, in the sixteenth lecture of his course, The History of the World, Richard Bulliet discusses the Emergence of Christian Europe (600-1200 C.E.):

Session Fifteen: Richard Bulliet on the History of the World

In Academia, Arts & Letters, Christianity, Humanities, Teaching, Western Civilization, Western Philosophy on January 24, 2018 at 6:45 am

Here, in the fifteenth lecture of his course, The History of the World, Richard Bulliet discusses the Emergence of Christian Europe (600-1200 C.E.):

Session Thirteen: Richard Bulliet on the History of the World

In Academia, Arts & Letters, Eastern Civilizaton, Historicism, History, Humanities, Islamic Law, Pedagogy, Western Civilization on January 10, 2018 at 6:45 am

Here, in the thirteenth lecture of his course, The History of the World, Richard Bulliet discusses the Rise of Islam (600-1200 C.E.):

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