Christian Ethics and American Law

The American political debate is a heated landscape—a landscape that is not at all lacking in general presuppositions, that are undeniably philosophical in nature, that are scarcely brought to intellectual scrutiny. One might declare that some law is ‘unjust,’ or that this law in favor of the ‘common good.’ Another person may say certain public policies violate basic ‘human rights.’ Each of these claims presupposes that there is some universal norm by using words such as 'justice' and 'common good' that everyone is aware of, that has moral implications, and that we all have an obligation to uphold.

What is most concerning is the post-modern tendency to say that moral principles and the law should not be connected. Morality should not be legislated. This is a common American notion. While this problematic assertion can be approached in many ways, I think the most fundamental question that should be asked is, what is law?

It seems to me that the common American idea of law is a set of rules set forth by the State that are enforced by a credible threat of force and punishment. There is something undoubtedly true about that proposition, but does it fully capture the essence of the law? Are we prepared to accept that the law is merely a matter of obedience and control? Sure, obedience and control have something to do with effective laws, but do they adequately define the nature of the law? If so, what distinguishes the ‘just’ laws from ‘unjust’ laws? Perhaps nothing. Perhaps all laws are simply expressions of the will-to-power of an individual or a group. But if this is so, what are we really saying when we complain about ‘unjust’ laws? Is it merely anger because our self-interests have failed to win over the self-interests of others?

That may be so, but it would be undeniably strange. Why? Because the human experience has shown us that there is a difference between asserting our own wants and true ‘justice’—whatever that is. Children and adolescents commonly accuse their parents of being ‘unfair’ for not giving them something they want. But is that the same as, say, Martin Luther King saying that it was ‘unfair’ for the State of Alabama to refuse to allow African Americans to enroll in its universities? Both statements involve a claim on others. It seems safe to say that we are fooling ourselves if we think that there is no substantial difference between the two.

When parents deny children something they want, there is no universal moral reason as to why a child must have, say, a particular toy. The only reason a child may have to claim ‘unfairness’ against their parents is their own desires. Martin Luther King in his Letter From Birmingham Jail argued that rights due to him by virtue of the natural law, by virtue of his humanity were unjustly denied him and any laws protecting this injustice are not laws at all.

It is clear that Dr. King believed that laws are designed to protect justice. He also presupposes a natural moral order that we humans can know and must conform ourselves to. Is he right? I think so. What if he isn’t? What would that mean? Consider this. Adolf Hitler legalized every action he made while in power in Nazi Germany. Does legal status, morally qualify his actions, particularly the 6 million Jews that perished at his command? Did the legal status of slavery make it morally acceptable? It strikes me that most Americans would agree that Hitler did immoral deeds and slavery is immoral. But that same majority of Americans accepts the horror of abortion as the status quo and often cites that it won’t be illegal anytime soon. Or, they claim that the legality of abortion won’t stop women from seeking abortions. So why stop it?

The problem is abortion is murder. Take for instance the act of murder. Why is murder against the law? There are two reasons. One, to allow citizens to kill one another would produce anarchy and is against the interest of the State. Two, murder is an objective moral evil that is contrary to human nature. It is self-evident that the second reason has more bearing than the first. The convenience of outlawing murder for the State to maintain order is a by-product of the reality that the act of killing innocents is contrary to the moral order of the universe and that the endorsement of the action itself cannot yield any good or productivity for any human society.

One might ask, what does it all matter? It matters because it affects each and every individual in society. Why might we say that African Americans have a right to liberty over slavery? One might argue that slavery—free labor—is beneficial to the American economy and thus, the ‘common good.’ So why not allow slavery? Are there really any inviolable human rights that cannot be gone against no matter what profit or convenience doing so may yield? I certainly think there are.

We live in a society of ‘rights.’ We all have a right to something and we’ll be damned if anyone takes those rights away. But where do rights come from? In the modern, agnostic, morally relative world of scientific materialism all we are, is a collection of atoms no different in substance than that of a desk or a television. The universe in itself has no meaning and no purpose, which logically means that there is no meaning or purpose to our lives. If that’s true, what are ‘rights’ especially if we arguably have no meaning, and therefore, no dignity?

The notion of ‘natural rights’ was developed in the Catholic intellectual tradition in contribution to the philosophy of law. A fundamental concern for America is whether or not it is possible to preserve the notion of ‘natural rights’ without the Judeo-Christian understanding of the human person and of human nature which the notion of the natural law has been traditionally based. Can the idea of a natural law stand if we’re nothing but a random assortment of matter on a tiny dot that we call earth in a vast and meaningless cosmos? The short answer is no.

These questions are pressing. Western society is dominated by moral relativism, which leads ultimately to moral decay. We have come to idolize the biblical figure Cain in not wanting to be our brother’s keeper. America is in dire need of a strong, vibrant Christian presence to transform this debate and give it moral clarity. It is an imperative that there is an awareness of the origin of laws and a proper understanding of the moral and intellectual principles of interest in the American legal system—inalienable rights, civil liberties, federalism, separation of powers, etc.

This is why it upsets me that some Christians pull their children out of the public schooling system—still leaving millions of other children to go through the broken system—and refuse to be at the front of the campaign for American education reform so that Christian moral principles are not disregarded or given merely lip service. We need to return philosophy to our education system and instill moral values.

More importantly, Christians must be more than a force to illegalize abortion in the public square. It is vital that we are able to articulate our Christian moral perspective through rational and philosophical discourse because this vital tool (philosophy)—has been virtually eliminated and trivialized in western society—is the only way we may help America rediscover those human and moral truths that are written into the nature of the human person.