Showing posts with label Law. Show all posts

Thinking about terrorism in Paris  

Posted by Denis Haack in , , , , , , , , , , ,

Introduction
            This is a guest blog by an acquaintance of mine, Thomas K. Johnson, a philosopher and theologian. It’s a piece of rather serious philosophical writing addressing some of what lies beneath the class between Islamic terrorists and the West. If you don’t read this sort of essay regularly, you may need to pause and work through the piece slowly, but the effort is worth your while.
            Tom argues that both sides in the conflict have a mistaken notion of where we find a basis for morality. Western secularists find morality in the social contract a society develops to bring order to life; Muslims find morality in the revelation found in the Qu’ran; and Christians find morality in the revelation of God’s law found in the Bible. Sounds reasonable enough, but if we think about it, each system of morality is authoritative only for the members of that particular tribe. The members of the other tribes reject the alterative system and its basis, and fear that if it is followed a form of nihilism will result overthrowing the very nature of the civilization we wish to defend. Tom argues, further, that this Christian thinking about morality is a deviation of the historic, orthodox position on the topic, a position that allows Christians to have a basis on which to discuss right and wrong with both secularists and Muslims. Thinking clearly is necessary if we want to understand the deep divisions fragmenting our world and the deadly violence that is being used by committed people to try to stop the wave of nihilism that they see threatening all they hold dear.


Lessons from Paris 2015: Clash of Civilizations or Battling Nihilisms?
            For about twenty years, because of important publications with similar titles from the pen of Samuel Huntington, it has been common to interpret international and cross cultural events in light of The Clash of Civilizations theory. It was claimed that global and regional conflict would no longer be along ideological or economic lines, but rather between opposing civilizations. The several civilizations are distinguished from each other by language, history, culture, tradition, and, especially by different religions, with the role of religions in civilizations and inter-civilizational conflicts becoming increasingly large as a result of globalization.
            Some Christians liked the Huntington thesis because it recognized an important role of religions in society. But in recent times this theory has, in my opinion, been partly disproved because of the role that religious freedom can play in societies Nevertheless, the clash of civilizations continues to have plausibility sufficient to influence both the interpretation of current events and the decisions of governments. I think this theory played a tragic role in shaping the American “War on Terror.” And I heard this theory being used by some to interpret the tragic events in Paris over the last two weeks. As an alternative to the clash theory of civilizations, I would offer a different interpretation of what we saw in Paris. We should ask if we are seeing a cultural battle between different perceptions of nihilism, especially as different groups of people defend against the perceived nihilism of the other.
            The word “nihilism” comes from the Latin word nihil, which means “nothing.” One of the ways the word came into our modern languages was through the Judeo-Christian claim that creation is or was ex nihilo, meaning “from nothing.” Those of us who studied western civilization in American universities commonly associate nihilism with the name of Friedrich Nietzsche (1844-1900) and his various intellectual heirs. Nietzsche and followers, or so we heard, believed in no objective truth, no objective right and wrong, no God’s eye view of the universe. All we have, they claim, are competing examples of the will to power, with the important proviso that the elegant way to exercise the will to power is not by means of brutality but by means of telling a controlling narrative. By means of telling a compelling story, we create new values, even though no values exist outside the stories we tell.
            Partly informed by such Nietzschean considerations, during the many years I taught university classes on the history of western ethics, I often suggested that the era we call “modernity” was characterized by a significant shift in the way people in the West considered right and wrong.
            Prior to modernity, our western cultural ancestors (at least those who were not nihilists) thought  that right and wrong were somehow rooted in the nature of being or the nature of the universe. This was true whether we studied Plato, the Stoics, the ancient Jewish philosophers like Philo, or Christian thought from Augustine and Aquinas through Martin Luther and John Calvin. (It was even true of Aristotle and Old Testament books such as Genesis, Amos, and Proverbs.) A key phrase running through much of this moral/cultural heritage, especially during the fully developed stage of the biblical/classical synthesis, was “the natural law,” meaning a moral law that was somehow related to that which truly is, to being itself. “Ought” was always based on “is;” “should” arose from the nature of being.
            Starting with modernity, a huge change occurred across western civilization, including both secularism and the Christian tradition, so that right and wrong were seen as based in history, not in being. We can take Thomas Hobbes’s important book, Leviathan (1651), as a signal of the transition to modernity. At least as popularly understood, Hobbes taught that right and wrong are entirely rooted in the social contract by which society is formed. Outside the social contract, in the state of nature, there is only the war of all against all; within the social contract imposed by a sovereign on the people, there is the rule of law on the basis of which we know the difference between right and wrong.
            To note with especial clarity: within the modern Hobbesian worldview, it is not only our knowledge of right and wrong that is dependent on history; the very existence of right and wrong is dependent on historical facts, particularly whether or not a particular social contract exists. “Ought” was no longer based on “is;” ought was now seen as historically dependent or historically accidental. And after a study of Hobbes ethics, my university students often seemed to feel threatened by nihilism, and during the classroom discussion they would begin grasping for some basis for morality or some explanation of right and wrong that was not entirely dependent on a particular political history that our neighbors might not share or accept.
            It still surprises me (though I have known it for many years) that many religiously conservative Christians, many calling themselves pietistic, confessional, or evangelical, have been simultaneously partly modernist in their philosophy regarding the foundations of ethics. Even among Christians since Hobbes we find the new modernist idea that the existence of right and wrong, or our knowledge of right and wrong, is based entirely on particular historical facts.
            Specifically, many have thought, we would not know right and wrong if God had not given us the Bible or the Ten Commandments. Please do not misunderstand me: I believe God gave us the Bible and that God placed the Ten Commandments with a special status within the Bible as written in stone. (I also read from both the Old and New Testaments in my quiet time this morning.) But prior to modernity, both Protestant and Catholic Christians generally said that God wrote his moral law on the human mind, heart, and conscience, as the image of his eternal moral character, as part of creation, which was repeated in the Ten Commandments.
            The pre-modern Christian view, taught by both Catholics and Protestants, was that both the existence of right and wrong and our knowledge of right and wrong were largely based on creation, not entirely on salvation history. But after Hobbes, many Christians started to sound a lot like Hobbes, saying right and wrong are dependent on history and our knowledge of history, whether the history of a social contract (Hobbes) or the history of redemption recorded in the Bible (some Christians).
            Christians and secularists were too often united in separating ethics from being. This left western culture sometimes fluctuating between feeling threatened by moral nihilism and accepting a historical moral authority that others perceived to be arbitrary.
            I have been harsh in my description of my Christian community, so bear with my brief critique of Islam. It seems clear to me that Islam already had a weakness in the direction of the moral reasoning of modernity already before the onset of modernity. Based merely on reading a few textbooks on Islamic history, theology, and ethics, it seems to me that Muslim ethics usually has seen our knowledge of right and wrong as based entirely, or almost entirely, on history and our knowledge of that history. That is why the Koran plays a different role in the life of the Muslim than I think the Bible should play in the life of a Christian. Well before the onset of modernity, Muslim theologians generally thought the proper knowledge of right and wrong was based on the Koran, the tradition, and the multiple schools of Islamic law, all of which are historically contingent. So far there has been very little place for Muslim theologians to say that Allah wrote the demands of the Sharia onto the human heart, mind, and conscience in creation prior to giving the Koran, such that knowledge of the Sharia (and the difference between right and wrong) becomes partly independent from a particular historical community. Muslims may feel that any question about their prophet is blasphemous because it raises the specter of nihilism, the loss of all meaning and morals. At the same time, those of us who pointedly do not find our identity within Muslim history perceive the desired imposition of the Sharia on our societies as either a power grab or an assault on all our meanings and morals, another specter of nihilism.
            Seeing right and wrong, or our knowledge of right and wrong, as being entirely historically contingent truly does, I believe, leave us philosophically vulnerable to become nihilists. It is only a small step within the human mind from following modernity and saying my (or our) knowledge of right and wrong is entirely dependent on my history (whether as a Muslim, as a Christian, or as a follower of Hobbes) to feeling like a nihilist, that there are no universal moral rules that apply to all people everywhere. In my own study and university teaching, I always felt a steadily unfolding progression of ideas from Hobbes to Nietzsche. I am sure that basing ethics entirely on history (Hobbes) leads slowly but surely to nihilism, the loss of morals and meaning on the everyday level, as well as to the loss of ultimate truth claims. And we perceive this threatening nihilism more quickly among the people who do not share our own cultural or religious story. Muslims easily perceive both Christians and secularists as endangered by nihilism, and vice versa.
            What we have seen recently on the streets of Paris is, I believe, the result of two battling nihilisms, more precisely, two groups of people striving to defend themselves against the threat of nihilism they perceive in the historical relativism of their neighbors. They do not feel like they can trust their neighbors to act on the basis of a standard of behavior that is suitable for all of humanity. By this I do not in any way imply a moral equivalency between the good work of the French police, defending their city and their citizens, and the truly evil work of terrorists murdering ordinary people. Nor do I imply that a handful of terrorists really represent many millions of Muslims. But I would call our attention to a philosophical similarity between radical Islam, admittedly more extreme than older Islam because of doctrinal changes, and western democracy. Both separate knowledge of right and wrong from being; both say right and wrong are based on the way we tell the history of our community; both are left using force (one illegitimate, one legitimate) to enforce the values of their community without a satisfactory appeal to a non-historical basis for universal values or moral ideals; both feel like the other represents the threat of nihilism. The gun battles in the Paris streets portray the conflict of competing nihilisms, Mohammed (as interpreted by extremists) versus Thomas Hobbes (as followed across modernity), unified in separating morality from the nature of being, but in such a way that most people perceive the implied nihilism in the worldview of the other before they perceive the threat of nihilism in their own worldviews. And we Christians often do not know what to say because we have neglected important themes in the classical Christian tradition of moral thought that connected ethics with being.
            Obviously I would like to see a renewed discussion of the relation between being and ethics, the natural moral law, in the spirit of the biblical/classical synthesis. This is essential to address the moral nihilism against which both radical Islam and the western democracies are fighting. As a small step in this direction, but with less metaphysics involved, I am sure there would be tremendous benefit in renewed global public discussion of the relation between universal human duties (with its own body of literature) and universal human rights (with a rich body of literature). Both of these discussions embody valuable ongoing echoes of the older tradition of discussing God’s natural moral law. Both of these ongoing discussions represent models of the relation between particular religions and public life that avoid or reduce the threat of nihilism.
            Both of these discussions can be open to people of a variety of religions or of no defined religion in a manner that may help us to trust others to follow some defined standard of behavior. In my own writing I have attempted to contribute to both of these global discussions in a manner that is clearly rooted in my evangelical Christian convictions but also open to discussion with people of other convictions.
            The nihilism, more precisely the perceived threat of nihilism, embodied in the gunfire on the streets of Paris is, I think, more of a feeling than a reasoned package of convictions. Obviously it has to be addressed by preachers and philosophers of religion as a fundamental human need to be addressed by faith. But nihilism is not only a faith problem; good moral reason also has a role to play. We can have more public considerations of universal human rights and universal human duties, along with the religious and philosophical discussion of what those duties/rights are and where they originate, so the relation between ethics and being as least gets back on the table. The problem in Paris goes beyond gathering intelligence about future terrorists or better efforts to integrate religious minorities and immigrants into the western democracies, though those steps are essential. The problems illustrated on the streets of Paris are also problems of fundamental moral philosophy. Are there reasons not to be nihilists that are not only based in my telling of my community’s story, reasons that I can explain to people who follow another story or religion?

That is part of the challenge for Christian moral philosophers today.


Thomas K. Johnson, Ph.D. is Professor of Ethics, Global Scholars; Vice President for Research, Martin Bucer European School of Theology; Senior Advisor to the Theological Commission, World Evangelical Alliance; and an ordained minister, Presbyterian Church in America. Many of the books and essays he has written or edited on ethics, human rights, and the role of religion in society are available as free downloads at http://www.bucer.org/resources.html. With his wife, Leslie P. Johnson, he has lived in post-communist Europe for more than twenty years.

Copyright © 2015 Thomas K. Johnson (johnson.thomas.k@gmail.com) Reprinted with the kind permission of the author.


Detective stories (3): a dependable hero  

Posted by Denis Haack in , , , , , ,

            The appeal of detective stories includes our need for order when crime has introduced disorder (always a dangerous state), and our yearning for justice when something has gone wrong (which threatens our humanity). We are also drawn to them because we all live moment by moment with uncertainty and so desperately want a dependable hero.
            Somehow we know it is too much to ask that we escape the uncertainty. Even if the brokenness was removed we would remain finite. The uncertainty can be endured, however, if we have a hero who can sort things out, make things right, and keep us from tumbling into a pit from which there is no recovery.
            There is a reason why detective stories center around a particular detective. In the final analysis we are attracted to the stories not because of the variable crimes but because of the dependable detective. Even if he/she fails to solve the case, we know they tried their best and left no stone unturned.
            As a Christian I would argue that this archetype is imprinted in our consciousness because we are part of a story in which the hero becomes the savior. All is lost until the hero produces the solution, and in the end sheds light into the shadows where death has tried to hide.

Longmire
            Walt Longmire (played by Robert Taylor) is the sheriff of Absaroka County, Wyoming. It is a sprawling place, dominated by gorgeous peaks and wide lush landscapes that give the cinematographers ample opportunity to frame lovely background shots. (The series is filmed in New Mexico, but no matter—the landscape is so stunning that it is reason alone to watch it.) Assisted admirably by Deputy Vic (played by Katee Sackhoff) and by the duplicitous Deputy Branch (Bailey Chase), Longmire wrestles with the tragic death of his wife as he tries to keep law and order in a place where the citizens prize self-sufficiency and privacy. Walt’s best friend, Henry Standing Bear (Lou Diamond Phillips) helps bridge the sad chasm of distrust and prejudice between whites and the Native Americans who live on a reservation within the county.
            Good writing, superb cinematography, and fine character development makes me wonder why this A&E television series has not garnered more attention and awards. The filming of each episode includes a Native American consultant to assure the accuracy of what is depicted. One of the things I most appreciate about Longmire is that it keeps me interested but is never frenetic, maintaining a thoughtful pace that not only suits the setting but that seems to take me as viewer seriously.
            If I lived in Absaroka County, Wyoming, I’d want someone like Walt Longmire to be wearing the sheriff’s badge. In fact, I’d like someone like Walt Longmire to be the sheriff wherever I lived.
            (A&E, 3 seasons 2012, 2013, 2014; each episode 50 minutes)

Sherlock
            One of the primary reasons why Sherlock Holmes remains a perennial favorite is that he is a dependable hero. He may be cold-hearted and rational to a fault, he may have a drug problem and treat people abominably, he may play the violin horribly and have no friends for good reason, but we always know that when he is on the case, no better detective could be imagined.
            The recent BBC series that locates the famous detective (played with superb quirkiness by Benedict Cumberbatch) in 21st century London is a fine addition to the Holmes legacy. Along with his sidekick Dr. Watson (played by Martin Freeman), Sherlock’s brother, Mycroft (played with great comic effect by Mark Gatiss), and Sherlock’s long suffering housekeeper, Mrs. Hudson (Una Stubbs), the stage is set for solving crimes in a way that only Sherlock Holmes could accomplish it.
            For all the changes this series brings to the classic detective, it allows Holmes to remain Holmes, and that is one reason the series succeeds. It is also produced with a clear love of Arthur Conan Doyle’s detective and stories, and that love is reflected in the sharp filming, editing, and dry wit that shines in every episode.
            (BBC, 4 seasons, each episode 90 minutes).


Detective stories (2): achieving justice  

Posted by Denis Haack in , , , ,

            I argued in the first installment of this series that one reason we are drawn to detective stories is that we were made to live in an orderly world. When chaos and disorder expands, we yearn for order to be restored, even though it is never perfect or complete in this broken world.
            Detective stories are also about achieving at least a measure of justice, though it too is never perfect or complete in this broken world. A crime has been committed, so the detective enters the sordid, dangerous world of the criminal, hopefully to find evidence that will bring the miscreant to justice. Our desire for justice is so strong that even though the crime may have nothing to do with us personally, if the case is botched and the criminal is freed we feel a sense of not just disappointment but anger—we believe it wrong even if we can’t justify our response with much philosophical vigor. It’s. Just Wrong.
            The yearning for justice is ubiquitous, deeply rooted in our humanity. This reality, James Sire says in Echoes of a Voice, leads biblical scholar N. T. Wright to include it in his list of four “signals of transcendence” that “point to a realm beyond the material world.” Wright’s four signals include “the longing for justice, the quest for spirituality, the hunger for relationships, and the delight in beauty.”
            This means that detective stories tap a deep longing of our hearts, and even if only in a fictional world satisfy a yearning that is hardwired in our humanity. The question is less why some of us are drawn to detective stories, but why everyone isn’t.

True Detective
            This gritty, dark, at times shocking series stands out from usual television fare. The entire season involves a single crime, and each episode follows the detectives—in this case over a period of 17 years—as they seek to solve the murder. Because it is a cable (HBO, 8 episodes, 2014) production, there are scenes of sexuality besides rough language that is more standard for R-rated movies than TV programs. And though it used to be common knowledge that television was a wasteland not worth much attention, True Detective proves that TV can be very much the opposite.
            The pace of True Detective is never frantic, though the writers never allow the tension in the plot to falter. The cinematography is beyond good, so that settings and landscape shots not only fit the plot, they are lovingly produced and stunningly portrayed to become an essential part of the story. Woody Harrelson (Detective Marty Hart) and Matthew McConaughey (Detective Rust Cohle) are perfectly cast for their roles. And in a surprising and delightful twist, at least for me, True Detective is both philosophically literate and attentive. Detective fiction, because it explores the yearning of the human heart for justice, has the potential to take ideas and their consequences True Detective, a true philosophical drama written by Nic Pizzolatto, includes all these, but never cheats by depending on them to carry the story, instead using them to add color to the story.
seriously. Cheap detective fiction skips that and centers on something else: the action, quirky details of the character’s life and personality, the tension with supervisors. In fact,
            Best of all, T Bone Burnett was hired to direct the music for the series, and that means the soundtrack is both appropriate and a work of art in its own right. “The depth of character is the breadth of music you get to use,” Burnett says in Mother Jones. “So all I have to do is imagine what they’re listening to, and imagine the stories rattling around in their heads. How do you strengthen that? How do you make that resonate? It’s about having the songs become part of the storytelling.”
            “This show does not avert its gaze,” Burnett says. “It takes a good, hard look at who we are right now, in a very profound way... I live in Los Angeles, and I recently took a drive through the middle of the country, and I was stunned by what I saw. In places that had once had purpose, all that’s left is a pawnshop, next to a gun shop, next door to a motel, next door to a gas station, with a Walmart right outside of town. There are people working three jobs just to get by and having to take methamphetamines to do it. That’s the middle of the country, and that’s a plague that’s spreading outwards. We’re not seeing it, and these are things that you see in the show.”


Source: Echoes of a Voice: We are Not Alone by James W. Sire (Eugene, OR: Cascade Books; 2014) p. 206; “T Bone Burnett on How He Chooses Music For True Detective by Asawin Suebsaeng in Mother Jones (8/3/2014) online.


Detective stories (1): restoring order  

Posted by Denis Haack in , , , , ,

            “What the detective story is about,” author P. D. James says, “is not murder but the restoration of order.” Something has gone astray in the world of the story—perhaps horribly astray—and only when things have been put right do we have some sense of resolution, and until that resolution we feel on edge.
            We were made to exist in an orderly universe. The opening pages of Scripture, the story of Genesis 1, is many things, one of which is a narrative of creation, differentiation, and providential ordering that reflects the goodness of God. Four words—“Did God actually say…”—disrupted that gracious orderliness and disorder shattered what had been made good. Now we yearn for order, prefer it, and instinctively know that disorder can blossom into a chaos that can be deadly. In such a world, when a detective solves the crime a bit of order is restored in a corner of our badly fragmented world. Even a fictional account can refresh our hope that against all odds order just might be able to be restored.
            The best detective stories tell the truth about existence, evil, and justice. They are not limited to law and order, but show that mercy must also be present if the order that is restored is to allow human flourishing. It is this full-orbed realism that makes the 19th century story of Les Misérables contemporary, even in a pluralistic, secular society like our own.

Foyle’s War
            Starring Michael Kitchen as Detective Chief Superintendent Christopher Foyle, this BBC series is a superb production in every way. Kitchen is not well known as an actor, but he plays Foyle with a quiet, powerful dignity that makes the viewer care about him and about the victims of the crimes he investigates. Foyle’s War also stars Samantha “Sam” Stewart (played by Honeysuckle Weeks) as Foyle’s driver, and Paul Milner (Anthony Howell) as Foyle’s assistant.
            World War II has begun, and to his disappointment, the British government believes Foyle to be of greater value working as a detective in Hastings, a small town on the southern coast of England than serving in the war effort. Crime continues, of course, even in wartime, and so in each episode Foyle is called upon to investigate some foul deed.
            The historical accuracy—in dialogue, sets, events, costuming, etc.—is impeccable, and watching Foyle’s War is a fascinating education in what life was like in the British Isles during World War II. The writers do not cheat, like many detective writers do, but allow us to see all the clues as Foyle uncovers them. When he reveals the culprit at the end we realize we knew all we needed to know to come to the correct conclusion but unlike Foyle were not observing the details of the case with enough care. Perhaps most admirable of all, Foyle is consistently depicted as a man of integrity and honesty. It is difficult, in a drama, to depict good and moral characters without having them seem bland and boring. In Foyle’s War, the crime provides the color and the detective, rather than being made interesting by having weird quirks, inner struggles, or special effects, is allowed to be a man of few words and deep character.
            We have watched some of the episodes multiple times, purely for the enjoyment of seeing them. At the end we are always satisfied, not simply because a measure of order has been restored, but because we feel edified, having watched a virtuous character bring law, justice, and mercy into his corner of a broken world.
            [Each episode of Foyle’s War, 2002-2013, created by Anthony Horowitz, runs 90-100 minutes and is available on Netflix and DVD.]


Kidnap and Ransom
            Produced for British TV, Kidnap and Ransom follows the efforts of professional negotiator Dominic King (played brilliantly by Trevor Eve) as he seeks the release of hostages held by international terrorists and paramilitary gangs. King’s goal is not justice—to maintain his ability to negotiate with the bad guys he permits no police involvement—but to restore the victim to their life and family, hopefully unharmed.
            The locations are exotic, the trajectory of each story is plausible, and the fact that the crime is ongoing as King intercedes for the kidnapped increases the tension. King is shown to be a man of integrity and great courage, whose commitment to his calling costs him greatly, fracturing his relationship with his wife and daughter.
            Kidnap and Ransom is not always easy to watch. Each kidnapping, fraught with danger and shock, is filmed in enough detail to draw us into the fright that is overwhelming for the victim. Often the negotiations take time, sometimes lots of time, and as they drag on the victim languishes is some vile cell. This too is depicted realistically, and reveals the awful emotional and spiritual toll that must be involved.
            International kidnapping has become a tool of war in our world, a way to raise funds, gain notice in the media, and impress recruits. It is a wicked practice and one that should cause us to pray that God’s will would be done on earth even as it is in heaven. Kidnap and Ransom has helped me see the news behind the headlines with greater clarity and compassion.

            [Each episode of Kidnap and Ransom, 2011-2012, runs 45 minutes. There are two series of 3 episodes each and is available on Netflix and DVD.]