When the Founding Fathers wrote the Constitution of the United States, they made liberal use of the concept of rights. They famously held that such rights were “self-evident,” and were an endowment from the “Creator.” This assertion made perfect sense in 1776 when Western civilization had been Christian for a thousand or more years. But historically speaking, there is a problem here. If human equality and the existence of a Creator are really self-evident truths, then what are we to make of societies that recognize neither? The confident assertion of self-evidence is connected to the general immodesty of the Enlightenment,
Articles tagged with law
On Community Practices
One of the ‘great books’ that most University of Chicago undergraduates have to read is Thomas Kuhn’s The Structure of Scientific Revolutions. If you’ve ever used the phrase, “paradigm shift,” you’re trading with Kuhn’s coinage. His notion is that normal science is done under conditions of a dominant paradigm. This contains all of the theories that everyone takes for granted and provides the background for research and further extensions of knowledge. Newton’s physics provided an amazingly powerful paradigm for three centuries. But by the late nineteenth century, researchers were discovering holes in it. The perceived problems in Newton’s paradigm led Albert Einstein and others to propose a paradigm shift, a new set of theories that today (along with the seemingly incompatible particle physics) are mostly taken for granted as the background for current research and practice.
Kuhn’s idea has been subjected to a lot of criticism. But his basic insight is vindicated by the amount of fertile thinking that has ensued in dialog with his book. One of the better refinements of Kuhn’s theory was made by Imre Lakatos, who moved away from general paradigms to more local ‘research programs’.
I begin with this excursus on science because science is, for moderns like ourselves, the dominant practice in life. Science is successful. It sells. It works. More than that, because we are all somewhat familiar with how it works, it provides a good model for other types of human practices and disciplines. In After Virtue, Alasdair MacIntyre’s proposals to reinstate a traditional Aristotelian morality depend heavily on what he calls ‘practices’. I will spare you his difficult definitions. These practices have a lot in common with Lakatos’s research programs (MacIntyre, in a separate essay, indicates his debt to Kuhn and Lakatos).
Yesterday I asked what tools a community needs if it wishes to engage in a kind of recovery of tradition. From the opening of this post, you can see that what is involved is something like a research program into the common good. I offer the following in the context of writing about the Benedict Option, and doing so from the standpoint of genuine Benedictine life, but also from the standpoint of someone who is intimately familiar with MacIntyre’s writings. He’s the inspiration for this project, after all, as I indicated in the first post in this series.
After Virtue doesn’t make clear what concrete qualities such a community will need. So I will use a boiled-down version of some insights from Three Rival Versions of Moral Enquiry, one of his follow-up books. As I read MacIntyre, here is what a community needs, if the members wish to engage in some kind of disciplined pursuit of the common good: 1) a canon; 2) legitimate authority; 3) practical boundaries; and 4) modes of engagement. There are probably plenty of other things that such a community will need, but these are important and easy to overlook.
Canon: This is some kind of record of the best results of the practice so far, usually reference texts. For physicists, this would include Einstein and Heisenberg and the records of experiments of various kinds. For a monk, this includes Scripture, the Rule of Saint Benedict, the writings of the Fathers (Benedict himself names Basil and Cassian), the marytrology, Canon Law, etc. Studying the canon gives the participants common imagery, shared goals and a common vocabulary. It helps to solidify common commitments. Of course, texts, especially theological texts, can issue in disputes about interpretation. Therefore, authority and boundaries are necessary, as are proper modes of engagement. For the Benedict Option, I imagine that the usual Church documents will be in play, as well as the writings, say, of Pope Saint John Paul II, Benedict XVI, and the like. I will be offering copious suggestions for supplementing such a canon.
Authority: The role of authority in such a practice is not so much to boss people around. But someone must be responsible enough and well-versed enough in the practice to identify when an interpretation of the canon is out of bounds. Thus in science again, we have peer-reviewed journals (alas, these are becoming less authoritative), and academic hiring committees. In monasteries, we have the abbot. In the Church at large we have the bishops. Authority facilitates the ongoing argument about the common goal of everyone involved. Sometimes this requires authority to correct a participant, even to censure in some way. Sometimes it even requires a participant to get kicked out, which is why we need:
Boundaries: It is important to know who exactly is qualified to engage in the debates about the common good. Scientists usually don’t oversee original research until they have achieved a diploma indicating some level of expertise. In monastic life, only monks in solemn vows are allowed a vote in the community Chapter meetings. Part of the goal of formation is to bring the new monk into the discussion by teaching him the canon and teaching him how properly to respond to and engage with authority. When a scientist is caught faking data, his or her career can quickly come to an end, as institutional funding will dry up, effectively ruling the person out of further research. We don’t excommunicate monks anymore, as far as I know, but the principle is clearly sound (the canonical penalty of excluding a monks from Chapter is still used): monks who cease to base their decisions on the canon and abide by the community authority pose a grave risk to the community’s existence. It is up to authority to make this call. It seems to me that authority and boundaries are potential sticking points for serious efforts at the Benedict Option. Noah Millman has already helpfully issued this challenge: ‘any conscious program to implement a “Benedict Option” would be concerned, first and foremost, with questions of communal organization.’ Yes.
Engagement: I’m not completely satisfied with this word, but here is the basic idea. There has to be some kind of institutional support for serious discussions about how the group is going to act and how it is going to understand itself. There must be ways to alert authority to issues that need careful discernment. Again, in science, this is the publication of study results in accredited journals and the methods of peer review. In a monastery, engagement mainly takes place in Chapter meetings and other stylized settings. What is important about these engagements is that they are above-board and involve everyone in some fashion or other (in a monastery, different monks have different capabilities in terms of being able to engage in practical decision-making, but somehow everyone needs to be included). So Benedict Option pioneers should be wary of any sort of engagement that is too informal, too dependent on personalities, and so on.
Keep in mind that how community membership is defined, how authority is determined and exercised, what rules of engagement are allowed and institutionalized…all of these will probably require regular negotiation at some level, especially among the leadership of the group. Benedictine monasticism has never been static. We’ve constantly debated the role of priors versus abbots, sleeping arrangements (dormitories versus cells), expressions of poverty, which texts novices are to read, how to celebrate the liturgy properly, and on and on. As long as there is a way for legitimate members to be heard, as long as arguments derive from canonical sources in some way, and as long as authority can issue decisions that are binding on everyone, these debates will strengthen the communal project and provide for course correction even when things go awry. Communities break down when authority and authoritative texts become too diffuse, when members are allowed entry but lack the proper formation, and when legitimate members feel excluded from decisions that affect their participation.
Our monastery has been consciously attempting to put these insights into practice. What sort of results have we had? Which texts have become canonical in our work to engage the broad tradition of Catholic and Orthodox monasticism? We will sally next into that fray.
Fr. Joseph Koterski, S.J., in his Great Courses CD’s on the Nichomachean Ethics of Aristotle comments that new readers of Aristotle’s ethics are frequently surprised that he spends almost no time discussing rules of behavior. What is right behavior, then, if not obedience to rules? Don’t we have the Ten Commandments? And a host of other rules? Aren’t Jesuits supposed to be jesuitical and concerned about minimal applications of rules and maximal excpetions? What’s with Fr. Koterski and Aristotle?
St. John Cassian demonstrated that he is in the Aristotelian tradition when, in his first Conference, he asks “What is the goal of a monk?” And he answers this by saying that monks choose their actions based on a calculation of what is most likely to bring about the Kingdom of God in their lives. The word ‘calculation’ might sound odd here. All I mean by this is a reference to the cardinal virtue of prudence. And by mentioning prudence as a virtue, I’ve indicated what is different about Aristotle and Cassian versus modern ideas about ‘morality’ or ethics. Aristotle and Cassian are interested in achievement of a goal: happiness for Aristotle*, the Kingdom of God for Cassian. Good actions move us closer to our goal and evil actions move us away. Rules can help us in important ways: they tend to condense the hard-earned wisdom of those who have been in the quest before us. But they can almost never be adopted naively. The second Conference makes this clear. There are many stories of monks who failed to achieve the Kingdom because of an over-reliance on a limited number of hard and fast rules.
But what about the Rule of Saint Benedict? The translation of the Latin Regula as ‘Rule’ is another example of what I all ‘linguistic drift’. We no longer easily sense what is meant by regula, and our word ‘rule’ only gets at a small part of it. A regula is a guide to behavior, a framework, a template. It doesn’t do your thinking for you; it provides the contours of the arena in which the spiritual battle is to be fought by monks. Saint Benedict is very clear that he does not wish to legislate a series of rules, and throughout the Regula, he gives the local abbot the discretion to dispense with virtually any particular rule. This is why the abbot should be a man learned in divine things; he must know how to assess the particular situation and adapt himself to many different characters and temperaments.
When Saint Paul writes that the letter of the law kills and the spirit gives life, he is teaching in this vein. The danger with rules, as the monks of old discovered, is that they tend to deceive those who put too much trust in them. The legalistic monk is tempted by vainglory and pride, and is tempted to judge his fellow monks who seem to fail at keeping the rules strictly enough. Self-justification through the keeping of rules is far from the justification that we receive unmerited from the love of God in Jesus Christ. Preoccupation with rules leaves uninspected the deeper questions of the heart.
None of this is to say that no laws are necessary, or that sin is no big deal. Rather, it is to alert us to a particular modern problem we have, living as we do in liberal democracies where laws are paramount. Laws in our political system are there to allow individuals to pursue their own personal goals, rather than teaching us how to pursue common goals, like eternal life with God. The teachings of Christ are meant to bring us into communion with God and with neighbor.
God’s blessings to you!
Fr. Peter, OSB
* It is important to specify that for Aristotle happiness is not mere pleasure, but knowing how to take pleasure in truly noble, good things, even Goodness itself. In this case, he is quite close to Cassian, for whom Goodness would simply be God. And to delight in God, to seek the face of God, is to seek His Kingdom.