Saturday, August 14, 2004

David Schindler on John Courtney Murray and Religious Freedom

Via the Cardinal Ratzinger Fan Club, we find a link to David Schindler's essay from the Winter 1994 issue of Communio, Religious Freedom, Truth & American Liberalism: Another Look at John Courtney Murray. He examines the most influential Catholic defender of the American Experiment, the Rev. John Courtney Murray, SJ. His thesis:
My contention is that liberalism just so far draws us into a con game: inviting us to dialogue within the (putatively) open and pluralistic market of religions, all the while that it has already, hiddenly, filled the terms of that dialogue with a liberal theory of religion. The liberal appeal to religious pluralism hides its own "monism"; the liberal appeal to religious freedom hides its own definite truth about the nature of religion. My proposal is that Murray, despite his intentions to the contrary, has disposed Catholics to share in this paradox of liberalism. The disposition has been created by two of his central theses: that the religion clauses of the First Amendment are "articles of peace" and that religious freedom is best understood for purposes of political order first in its negative meaning, as an immunity from coercion, and thus first as a formal notion empty of positive religious content.

The essay is chock full of insight. Here's a brief mention of the difference between Continental and Anglican separationism:
Continental liberalism understood the separation of church and state to imply the irrelevance of religion to the public order; Anglo-Saxon liberalism, on the other hand, distinguished between two kinds of societies, the church and the civil order, in a way that left intact the Catholic insistence on the public significance and necessity of religion.

Reminiscent of G.K. Chesterton's dictum that all political disagreements are essentially theological, Schindler persuasively argues that the separation between State and Church in itself is not an example of government neutrality on theological questions, but presupposes certain premises of Western Christendom. In a passage that has telling implications for our attempt to install liberal democracy in Iraq, Schindler writes:
But the matter is not so simple as this seems to indicate, for Murray's position here in fact leads to a dilemma. If really tied to a theological dualism, then his "articles of peace" interpretation already implies "articles of faith": it already and in principle favors those religious worldviews which subscribe to such dualism. If, on the contrary, his "articles of peace" interpretation really means to remain such, then Murray must detach it from his own theological dualism (i.e., from any definite theological content). Similarly with respect to Murray's primary definition of religious freedom: one cannot claim that such a definition is strictly formal-juridical ("freedom from"), while at the same time insisting that such a definition carries some implication of positive openness to God and the transcendent order ("freedom for"). Formal agnosticism in and of itself does not carry any positive implication of theism. Either the juridical definition remains purely formal, in which case one cannot rightfully claim that it implies positive openness to God; or the juridical definition does carry the implication of positive openness to God, in which case it does not remain purely formal.

This charge of equivocation on Murray's part might be judged trivial, were it not the case that American liberalism has traded on just such an equivocation. Liberalism characteristically insists that it is merely offering a formal-juridical freedom to all religions, while at the same time it (tacitly) mediates its appeal to freedom via a definite theoretical (if typically unconscious) dualism. The non-triviality of this maneuvre becomes especially clear when we note its implications with respect to any non-Western (or non-liberalized) religion—with respect to any country where a traditional (or non-dualistic) worldview still predominates. In countries, for example, where certain forms of Orthodoxy, Islam, Judaism, Native American-Indian, or African religion still prevail, an invitation to adopt the juridical notion of religious freedom amounts to nothing less than an invitation to adopt the theological dualism of liberalism—albeit, again, only in the name of a purely formal commitment to the principle of freedom.

Relative to the non-trivial nature of Murray's equivocation, then, my first point is that it is in any case important to be accurate in one's description of what one is doing; and what Murray's liberalism does in effect is invite other countries to adopt a religious freedom, not which leaves a traditional religion intact but which on the contrary requires transformation of that religion: requires that it subscribe to an alternative religious truth. In exporting something like's Murray's sense of America's *novus ordo seclorum*, what one is doing is just that: exporting a new *order*, which always already carries an alternative religious worldview. Failure to be clear about this implies nothing less than the paradox of imparting a truth about freedom unconsciously and blindly—and just so far *unfreely*.


Schindler's section titled Secularism: America's practical atheism is especially troubling, for it is very on-target:

Note again the theoretical implications of Murray's primitive conception of religious freedom as an immunity from (coercion by the state), or again of the religious clauses of the First Amendment as absent of any definite-positive content of religion (religious truth). As we have seen, this conception of religious freedom as a matter of principle grants primacy to the negative rather than to the positive in man's relation to God. In so doing, it effectively replaces an understanding of the human act as constitutively oriented to God with an understanding of the human act as not constitutively oriented to God: "indifference" to God is placed (logically) before positive relation to God. Such a maneuver by implication changes the first and most proper meaning of religion: religion, insofar as its positive content is concerned, is now something which by definition is yet to be "added" to human nature.

[...]The distinctive claim of America, according to Murray, lies in its affirmation of the human act as juridically neutral toward, hence formally empty of, God. The human act in its basic structure, for purposes of the constitutional ordering of society, is understood to be silent about God (cf. "articles of peace"). But this means that, when theists go on to fill this silence with speech, they must now do so precisely by way of *addition* and in their capacity as *private* members of society. Non-theists, in contrast, have merely to *leave* the state's formally-conceived human act *as it is*, namely, in the primitive emptiness which has already been accorded *official-public* status. Worldviews that favor silence about God in the affairs of the earthly or temporal order therefore always retain an *official-public* theoretical advantage over worldviews that favor speech about God.

Murray's project thus seems to lead to a privatization of religion. By this, I do not mean that Murray himself endorses privatization: clearly he does not. I mean, with Bradley, only that Murray's position contains an equivocation: affirming premises ("articles of peace") that entail privatization while otherwise defending the contrary. Recognition of nature's constitutive relation to God, in the way sketched here, clarifies the properly theoretical ground for the reservations recorded by Bradley.

Relative to Murray's distinction between liberalisms, then, my intention is not, at least not in the first instance, to call into question the legitimacy of the contrast Murray draws between nineteenth-century Europe's overt closure to God and the American Founding's apparent openness to God. The point is rather the more qualified one that America's peculiar (openness to) theism, in the ambiguous sense in which Murray interprets it, remains, for all of its explicit intention to the contrary, still consistent with a certain "a-theism." In place of the overt and aggressive atheism of Europe, America in fact (again, assuming Murray's interpretation) officially affirms a covert and more passive a-theism, the peculiarity of which lies precisely in its ability to coexist with, indeed, to dwell within, a certain intention of theism.

To clarify this paradoxical assertion, we can usefully recall the argument developed by Will Herberg, in his classic _Protestant Catholic Jew_,[20] regarding what he termed the "American Way of Life." Herberg defines the "American Way of Life" most succinctly as "secularized Puritanism" (81). According to him, religion and secularism in America have a peculiar way of turning into each other. Protestant-Puritanism, for example, and secularism both accept some significant sense of God's separation from the affairs of this world. To be sure, they do so for opposite reasons. Puritans intend to subordinate all of their earthly life to the transcendent God; but, precisely to secure God's transcendence to protect, as it were, against premature eschatology—, they are nonetheless prompted to draw a clean line between the earthly ("natural") and the heavenly ("supernatural") realms, thus breaking these two realms into separate fragments. The sincere *religious intention* of the Puritans is thus undercut by a logic of God's transcendence, which, however unwittingly and paradoxically, can rightly be seen to coincide with a *logic of secularism*—which, for opposite reasons and with opposite intentions, also keeps God distant from "worldly" affairs.

According to Herberg, in sum, America's dualism is such that the order proper to this world remains logically a-theistic. Here is where Puritanism, Deism, and secularism can all come together, albeit out of vastly different motivations: what they all share is a conception of God as first distant and hence separate from the world.

Murray's position, in my opinion, does not provide any principled protection against secularism or atheism of the sort described by Herberg; on the contrary, it provides an exact theoretical foundation for the latter. Murray's interpretation of the religion clauses as articles of peace, and his understanding of religious freedom as first a freedom *from*, under-gird a sense of God's transcendence of this world, or again a sense of a dualism between earthly and heavenly realms, that leads logically to Herberg's "American Way of Life."

Regarding the current situation in America, then, public opinion polls seem to indicate a strong continuing presence of religion in American life: over ninety percent of Americans say they believe in God, a decisive majority believe in the Bible as the inspired word of God, and so on. But similar evidence of religiosity was indicated by the empirical data of Herberg's time (the mid-fifties). Indeed, the purpose of his book was to explain just how this apparently widespread religiosity could nonetheless coexist with what were indications also of massive secularism (consumerism, materialism, and the like). His explanation is clear: religiosity and secularism in America share an inner logic or framework of reality, such that religion is disposed as a matter of principle to invert into secularism. Religion and secularism thus coexist, and indeed can grow directly rather than inversely in proportion to one another, because they are largely but different sides of the same coin.[21--a very provocative footnote -kjj]

Herberg thus differs from those today who, appealing to empirical studies, insist, in a Murrayite vein, that America remains "incorrigibly religious." To be sure, those who thus defend the thesis of America's continuing religiosity, at least those on the Right, typically acknowledge, as Herberg did, a growing secularism in the culture manifest, for example, in abortion and moral relativism. But, contrary to Herberg, they do so all the while restricting this secularism to a certain group within the culture. The majority of Americans remains religious; it is what is termed the "new knowledge class"—the educational elite which dominates the media and the academy and the court—that has become increasingly aggressively secular. The presence of secularism in this influential elite creates the impression of a prevailing secularism all out of proportion to what actually exists in the mainstream culture.

But note how those who thus "regionalize" the phenomenon of secularism in contemporary America follow the assumptions of Murray. These thinkers follow Murray in making a simple contrast between European secularism and American religiosity, without differentiating further, a la Herberg, how American religiosity itself tends of its nature toward inversion into secularism. When faced with the undeniable growth of a more overt and aggressive secularism in contemporary America, they consequently have no choice but to restrict secularism largely to a distinct (influential) group within society; or otherwise to claim that this secularism stems from moral and political pressures emergent only in recent decades. In either case, these thinkers, following Murray, interpret secularism in America to be largely an aberration relative to the founding principles of the country. My argument, in contrast, influenced by Herberg, is that secularism in America is logically linked to the founding principles of America, if and insofar as Murray's "articles of peace" and formal-negative notion of religious freedom correctly interpret those principles.


Schindler follows with an acute theological analysis of the political consequences that follow, depending on how one interprets the nature-grace distinction. He concludes his charisological section thusly:
The apparently subtle difference between de Lubac and Murray on the relation between the secular and sacred thus leads in the end to two different conceptions of the civilization towards which Christians should be working: one, a civilization wherein citizenship is to be suffused with sanctity; the other, a civilization wherein sanctity is always something to be (privately/hiddenly) added to citizenship.

And indeed his conclusion to the whole piece is a welcome request for open and honest theological disagreement:

In short, what we need to do is to invite all parties in America to bring their religious theories into the clear light of day, including especially the liberal party which would claim a religious freedom without a religious theory. This is the necessary condition for beginning a truly ecumenical dialogue among all faiths, Jewish, Catholic, Protestant, Orthodox, secular, and all others, Eastern and Western.[44] Only a dialogue of this sort can make possible a legitimate, as distinct from hiddenly liberal, kind of pluralism: make possible, in other words, the kind of pluralism which permits all parties to be open and honest about their deepest convictions, and in this already begins to realize genuine community.

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