The Canadian Red Ensign

The Canadian Red Ensign
Showing posts with label Marcus Tullius Cicero. Show all posts
Showing posts with label Marcus Tullius Cicero. Show all posts

Wednesday, July 26, 2023

Crime And No Punishment

 

I recently returned to Winnipeg after visiting my father on his farm where the radio is constantly tuned to 880 CKLQ the country and western station out of Brandon.   On the morning of the day I drove back they played a familiar classic by Merle Haggard, “Mama Tried”.   The song is semi-autobiographical, written in reflection on the time the to-be country star served in San Quentin for an attempted robbery in Bakersfield.   I say semi-autobiographical for while Haggard did indeed reach the age of majority in prison the sentence he was serving was nowhere near as severe as the lyrics suggest:

 

And I turned twenty-one in prison doin' life without parole
No one could steer me right but Mama tried, Mama tried
Mama tried to raise me better, but her pleading, I denied
That leaves only me to blame 'cause Mama tried

 

When I listened to these familiar words again this time it occurred to me to wonder what on earth someone would actually have to do to be sentenced to life in prison without parole while still a minor.  Even in 1957 when Haggard was convicted it would have had to have been a lot more than what he did.   California was not as crime-friendly then as it is today but they would not have locked a minor up and thrown away the key for an unsuccessful break and entry in which no one was hurt, not even with all of his priors.  His actual sentence was fifteen years of which he served three.   Today, it is highly unlikely that anyone in any jurisdiction outside of Texas would receive such a sentence for a similar crime.

 

All across North America today, both in the United States and in my country, the Dominion of Canada, major cities have seen a massive rise in violent crime especially in, but by no means limited to, their downtown, core, neighbourhoods.   More than one factor has contributed to this urban crime crisis, of course.  One of the disturbing aspects about the crisis is that “unprovoked random attacks” by strangers, i.e., when someone you don’t know from Adam comes up to you and assaults you for no discernable reason, which were previously very rare, have spiked and account for a huge percentage of the crime wave.   Two explanations for this jump to mind.   The first is the vast increase in mental illness over the last three years induced by idiotic governments forcing people into social isolation for long periods of time in a failed and absurd attempt to protect them from a respiratory disease that in most cases had only mild symptoms and from which the vast majority fully recovered.   The second is the increase in drug abuse, particularly of paranoia-inducing substances like crystal meth, which is partly due to the same thing that caused the uptick in mental illness, but which is also the result of stupid politicians having prioritized in their drug policy the making drug use safe for users over the safety of others who might be harmed by drug-induced violence.

 

These factors, while they help account for random stranger attacks, do not in themselves explain the larger urban crime crisis.   Another factor that significantly contributes to the overall rise in urban crime is the soft-on-crime attitude promoted by the sort of people who like to think that being forward-minded, progressive, and liberal amounts to being enlightened and that they are therefore more enlightened than others.  This attitude has in recent years been translated into various sorts of bad policies that are often described as “catch and release” or “revolving door”.   These include sentences that are too short or too soft, parole being too easily obtained and too early, and, more recently, pretrial release being too easily obtained even with multiple prior convictions.   This latter, due no doubt to its relative novelty, is the most discussed at the moment.   In several American jurisdictions liberals have demanded and sometimes obtained the elimination of cash bail either entirely, as in Illinois as of New Year’s Day this year, or for all but the most heinous of crimes, as in New York four years ago.   In Canada, criminal law falls under the jurisdiction of the Dominion government, even though in practice its day to day administration is carried out by the provinces, and so provincial premiers and legislatures cannot enact such policies within their own provinces the way American state governments can.   Not that any of the current provincial premiers would want to do so.  In January of this year all provincial and territory premiers signed a letter unanimously calling on the Dominion government to enact bail reform of the opposite sort to that of the just mentioned Illinois and New York examples, the toughening of bail laws to make it much harder for a repeat offender or one likely to repeat, to be released back into the public.  Unfortunately, the Canadian politicians most in sync with American liberals in their thinking on this matter happen to be the ones in power at the Dominion level.  

 

In 2018, while they still had a majority government, the Liberals introduced Bill C-75 which passed Parliament the following year.   Bill C-75 contained a number of amendments to the Criminal Code and related legislation such as the Youth Criminal Justice Act.   While I consider most, if not all, of these amendments to be bad, they fall into three categories.   The first is those which are bad for reasons that are not germane to what we are discussing here, such as the lowering of the age of consent for anal sex.   The second consists of amendments that limit the traditional rights of Canadians when accused of crimes.   Examples include the near-elimination of preliminary inquiries (intended to speed cases through the court system this has the opposite effect and so infringes on the right to a speedy trial), the abolition of peremptory challenge in juror selection (this infringes as it was intended to do on the defense’s right to exclude those prejudiced against the accused from the jury system), and allowing police to testify via affidavit (this infringes on the right of the accused to confront and cross-examine his accuser).   What needs to be said about these amendments is that while they do not err in the direction of being soft-on-crime in the sense we have been discussing (1) they are not legitimate steps in the opposite direction either.   There are a lot of people who confuse the rights of the accused with soft-on-crime but they are very different.   The rights of the accused are there to protect the innocent from the abuse of the criminal justice system.   They may, at times, result in a guilty person getting off, but they are based on the traditional conviction that for justice to fail in this manner is to be preferred over it failing by punishing the innocent, a conviction that is right and Scriptural (see Genesis 18).   Soft-on-crime policies do not protect the innocent from wrongful accusation but are rather about lighter sentences for criminals that disregard the safety of the public.   The third category consists of amendments of the soft-on-crime type.   Examples of this include the hybridization of offences and the related reduction of sentences and, most relevantly, the amendments to the bail provisions of the Criminal Code.  The stated purpose of the bail amendments was to make the earliest possible release the default outcome of an arraignment rather than detention, with fewer conditions and less requirements of cash, bond, or other surety.   In other words it was very similar in intent to Cuomo’s experiment in bail elimination in New York around the same time.

 

It was similar in effect too and one consequence of that was the aforementioned unanimous letter by the premiers demanding that the Dominion government walk this back and make bail harder for repeat violent offenders.   In May, David Lametti, who lamentably holds the portfolio of Minister of Justice and Attorney General in His Majesty’s government – lamentably because he has shown in numerous ways, the most recent being his favourable attitude towards criminalizing disagreement with the obviously distorted and easily debunked false official narrative about the Indian Residential Schools, that he ought not to be put in charge of the penalty box at a hockey game, much less the Ministry of Justice -  responded to the premiers’ demands with Bill C-48 which proposed further amendments to the bail system.   Unfortunately, but sadly not unpredictably, the “reform” that stands out the most is itself an egregious error of the sort contained in the second category of bad amendments in Bill C-75.   This is the proposed reverse onus for repeat violent offenders.   In other words, someone previously convicted of a violent offence, arrested a second time, would have to prove that he should be granted bail, rather than the Crown having to prove that it should be denied him.   This is something that all the Justice and Public Safety Ministers – Dominion, provincial, territorial – called for when they met in Ottawa in March.   Admittedly, this is a lesser offense against the principle of the presumption of innocence than reversing the burden of proof when it comes to guilt in an actual trial would be, but it still offends against the principle, opening the door for worse such offences.   Indeed, an examination of Bill C-48 demonstrates that most of the proposed amendments are merely different variations on the idea of reverse onus.   With all the possible ways out there of toughening up our policies towards crime without violating even in minor ways the ancient and sacred principles like the presumption of innocence that protect us all from abuse of the criminal justice system, this was the best the provincial governments could recommend and the federal government could come up with?

 

What is behind this push to implement policies that turn dangerous criminals back out into the streets as quickly as possible and to meet complaints about how this undermines public safety not by walking back said policies but by eroding the rights of the accused and the principles that underlie them?

 

We might say that it is an inversion in the priority of sympathies in which some people sympathize more with those who commit crime than with those who are its victims.    This inversion manifests itself in a number of different ways.   One of these is the liberal’s refusal to acknowledge the legitimacy and right of defending one’s self, one’s loved ones, and one’s property from criminals.    Look at the current uproar over country and western singer Jason Aldean’s song “Try That in a Small Town” and the accompanying video.  The song’s lyrics talk about violent urban crime such as sidewalk assaults, carjacking, liquor store robbery, etc. and challenges the thugs who do these sort of things to “try that in a small town”.   Sniveling idiots like Sheryl Crow have accused Aldean of “promoting violence” in the song and worse idiots have accused him of promoting “lynching” on the flimsy grounds that one had apparently taken place a century ago on the popular filming location where he shot the video.   To normal people, the person who sucker punches someone on the sidewalk, the carjacker, and the liquor store robber are guilty of criminal violence, and someone fighting back in defense of himself and his community is using legitimate force.  The distinction is lost on liberals – and people who whatever their politics have had their minds and souls destroyed by being brainwashed with human resources and public relations “education” – who use the word violence to describe people who exercise their God-given right of self-defense to repel criminal assaults with force but avoid using this word for the criminal assaults themselves.  While this inversion would not be a wrong answer to the question, it is a description of the problem rather than an explanation for it.

 

We could say that it is a result, intended or otherwise, of sixty to seventy years of liberal and progressive crusading against discrimination.   The population of prison inmates looks very different from the general population.   This may be true of economic status.   The imprisoned are far more likely to come from poverty than from wealth.   Note, however, that the poorer outnumber the richer in the general population in any society.   It is certainly true of race.   In the United States the black percentage of the prison population is far higher than the black percentage of the general population.   In Canada this same disparity exists between the representation of North American Indians in the prison population and the general population.   By contrast, in both countries, the percentage of Asians in gaol is far lower than in the general population.   It is also true of sex.   Indeed, here the greatest disparity is to be found.   In Canada, women represent on average about five percent of the incarcerated.   In the United States it is higher, about eight to ten percent.   In both countries, however, men are vastly overrepresented in the prison population if the basis of the comparison is their representation in the general population.   Even though the disparity with regards to sex is much, much, greater than the disparity with regards to race, and greater still than the disparity with regards to economic status, it is never alluded to by those who demand the criminal justice system be reformed in a softer-on-crime way because it is unfair.   Neither do they reference Asian underrepresentation.   This is because both of these facts go against their narrative in which society and its structures are biased against women rather than against men and in favour of whites against all other races.   Indeed, when it comes to the huge disparity with regards to sex, this not only goes against the narrative it rebuts it entirely.   The reason men comprise ninety percent or higher of the prison population is because men commit ninety percent or higher of the crimes that land one in gaol.    There is not really much of a dispute about this.   Discrimination in the system, therefore, is not the cause of male overrepresentation in the prison population which is not really overrepresentation when the basis of comparison is what it should be, the percentage of males in the general population who commit crime.   This suggests that something similar could be argued for the overrepresentation of blacks in the American prison population and of Indians in the Canadian prison population, a suggestion supported by the underrepresentation of Asians in the prisons of both countries, which can hardly be explained by a racial bias that favours whites against all others, and by statistics gleaned from the victims of crime as to the race of the perpetrator.   Liberals and progressives treat any suggestion that the races overrepresented in the prison populations of Canada and the United States are not overrepresented when contrasted with the percentages of each race among the criminal perpetrator population rather than the general population, no matter how backed by facts and data that suggestion may be, as arising out of racism.  Their actions, however, and the policies they support demonstrate that they do not really believe this, that on an unspoken level they acknowledge it, but in their need to be seen and to see themselves as sympathetic with American blacks, Canadian Indians, and, to switch to the economic status category, the poor, they blame the larger society for this.   This makes them, of course, vulnerable to all the ugly accusations they hurl against others.   Blaming the larger society for the overrepresentation of American blacks, Canadian Indians, and the poor is to deny agency to blacks, Indians, and the poor.   Furthermore, justifying being soft-on-crime in the name of being fair to these groups, overlooks the fact that they are also overrepresented among the victims of crime.   This is a fact that goes hand-in-glove with these same groups being overrepresented among the perpetrators of crime because the majority of crimes are in-group rather than perpetrated by members of one racial or socioeconomic group against members of another.   Therefore, it is favouring soft-on-crime policies that is discriminatory against these groups, because even if American blacks and Canadian Indians are represented among perpetrators of crime at a higher percentage than they are represented among the general population, the majority of these groups are not criminals and all members of these groups, here including the poor, are at a higher risk of being the victims of violent crime than the general population, and so need the protection of hard-on-crime policies more.   However, liberalism and progressivism’s misguided, ill-informed, and myopic crusade against discrimination, while it may explain the shape of the arguments currently used by soft-on-crime liberals and the policies they currently support, it does not explain the origin of their way of thinking.

 

This is so because liberals have been soft-on-crime for a lot longer than they have been obsessed with discrimination.   In the “Enlightenment”, the seventeenth and eighteenth century movement away from the light of orthodox Christianity into the darkness of the superstitious idolatry of science and materialistic reason that took Puritanism, the anal retentive form of Calvinism and transformed it into liberalism, the anal retentive form of secular agnosticism, the early liberals decided that traditional criminal justice was barbaric and cruel both in its penalties – death for capital crimes like murder, corporal punishment, fines, public humiliation, exile and such for lesser crimes – and its underlying theory – that by breaking the law, criminals incurred a debt to society which they had had to pay.   In place of the older penalties the early liberals wanted incarceration to become the default penalty for crime which they achieved in the nineteenth century.   In the traditional system gaol was merely for holding the accused until trial, long term imprisonment was reserved for political prisoners.   Punishing people for their crimes, the liberals said, was not justice but revenge.  This is nonsense.  In all the ancient accounts of the origins of the traditional criminal justice system, from Aeschylus’ tragedic account of the origins of jury trials in his retelling of the myths of Agamemnon, Clytemnestra and Orestes in the Oresteia to the account of the establishment of refugee cities in ancient Israel in sacred Scripture, the criminal justice system was not based on revenge but implemented to curb the lust for revenge and protect societies from out of control cycles of vengeance.   Although obviously, for criminal justice to do this, it must legitimately satisfy the need which blood vengeance seeks to satisfy in an illegitimate manner – unsuccessfully as its tendency to get out of control indicates – there is a careful and clear distinction between the two.   In revenge, a wrong doer’s debt is owed to the victim or his kin, and they exact it from him to the extent that they are able and that they themselves see fit.  Under justice, the debt is owed to the laws of society, it is not exacted by those with a personal stake in the case but by the lawfully appointed court and its officers, guilt has to be investigated and established and the accused has the right to present his own case, and the law places limits on the penalties that can be exacted.   The Lex Talionis – “an eye for an eye” – whether enshrined in the Code of Hammurabi or the Law of Moses is in its fundamental nature, a limit on the penalty someone can be made to pay for injury to another.   The principle underlying it is that expressed by Cicero in De Legibus III.4, noxiae poena par esto, more commonly remembered as the Roman legal maxim culpae poena par esto which means “let the punishment fit the crime” (or “offense” in Tully’s wording).   By treating the traditional system of criminal justice as being the very thing it was designed to limit, prevent, and replace the liberals committed a most impious injustice against multiple generations of their ancestors stretching back to antiquity.   They argued that making a criminal pay for his offence must not be the goal of the criminal justice system, that the only acceptable goals were deterring others from committing similar crimes and reforming or rehabilitating the criminal.   This was the original liberal soft-on-crime attitude.


C. S. Lewis answered this earlier version of the liberal soft-on-crime attitude in an essay entitled “The Humanitarian Theory of Punishment” that was originally published in The Twentieth Century in 1949 and later included in the collection of his essays posthumously edited and published by William Hooper as God in the Dock in 1976.   Lewis clearly felt very strongly on the matter – he alluded to it in later essays, asked T. S. Eliot to write an essay about it in a letter in 1962, and included a discussion of it in his novel That Hideous Strength.   What made Lewis’ response so interesting is that he based his case against the progressive view to which he gave the name found in the title of his essay and his defense of the traditional view on the argument that the progressives’ humanitarian theory failed on the very point on which it claimed superiority over the traditional view, that is, treating offenders in a humane, dignified manner.   Its advocates think it “mild and merciful” but in reality it “disguises the possibility of cruelty and injustice without end”.   Removing the concept of “desert”, i.e., the offender getting what he deserves as punishment for his crime from the picture, removes “the only connecting link between punishment and justice” so that without retributive justice, rehabilitative justice is not justice at all.   By treating crime as essentially pathological and the courts and prison system as essentially therapeutic, the progressive humanitarian theory opens the door to excessive punishment by transferring the decision as to the fate of the convicted into  the hands of “technical experts” trained in “special sciences “which “do not even employ such categories as rights and justice”.   These, since they are operating under the idea that they are curing the criminal rather than punishing him, are not bound by the limits which justice places on what punishment can be exacted from a criminal and will keep on until they are convinced he is cured.   Lewis argued that this theory made it possible for good men to act “as cruelly and unjustly as the greatest tyrants” or “even worse” because “a tyranny sincerely exercised for the good of its victims may be the most oppressive” since “those who torment us for our own good will torment us without end for they do so with the approval of their own conscience” and while they “may be more likely to go to Heaven” they are also “likelier to make a Hell of earth”.   Lewis argued that far from being “humane” the system advocated by the progressives in the name of humanitarianism treated law breakers as less than human.   This seems indisputable.  The traditional system treated the criminal as responsible for his actions and so owing a debt the payment of which squared the criminal with the law and society.   The progressive humanitarian system denies responsibility to the criminal and keeps his crime dangling above his head forever as the experts who “cured” him keep perennial watch lest he have a “relapse”.

 

Lewis’ answer to the humanitarian theory, since it addresses it on the level of its fundamental injustice, is an answer that would stand even if the experiment in “curing” criminals had been one hundred percent successful.   The experiment has not been successful.   It has rather proven to be a colossal failure.   Yes, people have gone to prison and come out reformed.   Merle Haggard, referred to at the beginning of this essay, is an example.   His reformation in San Quentin, however, had less to do with the prison’s rehabilitation system working than with its retaining part of the older retributive system.   California did not abolish the death penalty until 1972.    Haggard was sent to San Quentin while Caryl Chessman was serving his last days on death row there before his execution in 1960.   Chessman’s early life, with the experience of being in and out of detention, initially for petty crimes, later for more serious ones, mirrored Haggard’s in some ways.   Later, however, he had been convicted of the “Red Light Bandit” crimes, a series of robberies and rapes that had taken place in the Los Angeles area in 1948, and sentenced to death.   By Haggard’s own testimony it was the experience of being caught brewing liquor in San Quentin and sent to “the shelf” – a row of solitary confinement cells in the same part of the prison as death row – where he saw Chessman, awaiting his execution, and this scared him straight.    He was rehabilitated in prison, but not by the prison, at least not in the direct sense that liberal supporters of the rehabilitation theory had in mind.   Others have entered prison and for various reasons – being further corrupted by worse criminals themselves, being hardened by prison culture and as a necessity for survival, etc. – have ended up worse than when they went in.   According to a research summary entitled “The effect of prison on criminal behaviour” published by Public Safety Canada in November 1999 which looked at 50 studies involving 300 000 offenders “None of the analyses found imprisonment to reduce recidivism”.

 

The liberal and progressive attitude towards how society should deal with crime and criminals has consistently been based on the conceit that their ideas are more “humane”, “enlightened”, “kind”, “compassionate”, et cetera ad nauseam than anything that preceded them no matter how ancient and time-tested-and-proven.   Initially, this manifested itself as the idea that it is more “humane” to treat criminals as rats in a social experiment in rehabilitation in prison laboratories than to treat them as men, responsible for their actions, who owe a debt to society and society’s laws.   Later, as the progressive conceit evolved from an attitude of superiority to the past and the civilization we have inherited from it to one of hatred for said past and civilization, it manifested itself in the idea that the criminal is the true victim, the real blame belongs to civilized society, and so civilized society must be made to pay rather than the criminal, who should be released into the rest of society as soon as possible with as few conditions as possible.   The progressive mind has proven remarkably resistant to the abundance of evidence demonstrating these ideas to be the very opposite of “humane” and “enlightened”.   For people who are always shooting their mouths off about their “compassion” and demanding that various groups be made “safe” from words and ideas that offend them they are extremely blithe about how their absurd policies make everyday life less safe from the threat of actual physical harm due to violent crime in our cities.

 

Ultimately, the liberal and progressive conceit goes back to the superstition they imbibed during the period that would more appropriately called the Darkening rather than the Enlightenment.   Having transferred their faith from the True and Living God to the idol of science, they no longer recognized that the True and Living God, in Whom both Perfect Justice and Perfect Mercy are untied without compromise, has delegated authority to two earthly institutions, to one of which He gave a sword and charged it with the exercising of Justice, to the other of which He gave a pulpit and an altar and charged it with bringing His Mercy and Grace to people all of whom are offenders under Divine Law.   The State, consisting of the king and his ministers, an earthly depiction of the government of the Universe, God as King of Kings, served by His ministers in Heaven, for which reason king-headed government is the only legitimate form of the State, was given the sword of Justice, but Justice that was to be tempered with Mercy, for which reason kings and the courts that act in their name have always had the power of clemency and pardon.   The Church, consisting of the Apostolic priesthood and the congregations of baptized Christians they shepherd, brings God’s Mercy and Grace to the sinful world by preaching the Gospel and administering the Sacraments.   While the Church’s ministry is primarily one of Mercy and Grace, as the State’s ministry is primarily one of Justice, just as the State must temper the Justice it exercises with Mercy, so the Church’s Apostolic leadership has been given the keys – the power of excommunication – to exclude from the ministration of Grace those who defiantly persist in rebellious and open sin until such time as they repent.   No longer recognizing the God from Whom the authority of Church and State alike are derived, liberals and progressives reject the Church and have replaced divine Mercy and Grace with inferior human substitutes the burden of distributing which they have placed on the State, the divine authority of which they have sought to replace with democratic power, the power of the mob.   Idols always fail those who worship them, however, and it has become abundantly clear that liberalism’s efforts to create a new justice superior to the old and more merciful after cutting itself off from the Source of true Justice and Mercy have failed and unleashed upon our civilization the opposite of both Justice and Mercy.

 

It is about time that we as a civilization turned our backs on liberalism forever and returned to the True and Living God, Who is Merciful and Gracious to all who turn to Him in repentance and faith, but has given to the State the sword to punish crime and expects it to be used for the safety of us all.

 

(1)   The elimination of peremptory challenge in jury selection is not “soft-on-crime” in the sense of making it easier for someone who has committed a crime to go unpunished or with insufficient punishment.  It was included in Bill C-75, however, because the Prime Minister and his Justice Minister at the time – Jody Wilson-Raybould - were outraged that a Saskatchewan farmer was acquitted for using lethal force in defending his farm against an Indian youth who was on the farm for criminal purposes.   Indian groups decried the acquittal as racist because they thought they should have been represented on the jury, apparently failing to understand that one purpose of jury selection is to keep people prejudiced against the accused off the jury and that since a larger percentage of their own end up before judges as the accused than their percentage in the general population it is very much against their own interests to make it harder to do this.   To make it clear, imagine the situation in reverse.   Imagine that some young white idiot went onto a reserve with evil intentions and got himself killed.  Then image that the Indian that killed him was charged with manslaughter or murder.   Then imagine that whites had shown up for the jury selection process making racially charged statements against the accused and were rightly excluded for prejudice against the defendant.   An all-Indian jury acquits the defendant, and the parents of the white kid slain, backed by the organized white community, denounce the outcome and demand that in all future trials where the accused is Indian and the victim white, they be guaranteed spots on the jury.   If you can see what is wrong with the demands of the whites in that scenario, understand that the exact same thing is what was wrong with the demands of the Indians in the real scenario. The real outrage in the affair was that the farmer was charged in the first place.   This was an assault on the right of self-defence for the purposes of appeasing a group that was practicing the very racism of which it was accusing others.   Attacks on the right of self-defence are a different form of “soft-on-crime” since it is against crime, especially violent crime, that this right is exercised.   As for the Prime Minister and Wilson-Raybould, they should have both been required to step down out of office after making their disgraceful remarks in which both were guilty of political interference in a matter of criminal justice, ironically, the very issue over which the two would shortly thereafter find themselves in conflict in the SNC-Lavalin affair.

 

Friday, April 21, 2023

The Problem with Sermon-Centric Worship

 

What is sermon-centric worship?

 

Think of a church where every week the minister decides he wants to preach on topic X on the following Sunday, then picks Scripture readings for that day based on his topic and instructs the organist or choir director or praise and worship leader or whoever happens to be in charge of music to pick music that corresponds with the theme of his sermon.     Everything else in the service is subordinate to the sermon.   People who go to this church go there, first and foremost, to hear the sermon.

 

This is sermon-centric worship.   For many conservative Protestants, especially Calvinists and fundamentalists, this is the only way of ordering a worship service, deviation from which raises the suspicion of a weakening of standards of doctrine and practice.   This raises the question of what is being contrasted to the sermon-centric order of service.   If the sermon is deemphasized for something novel and contemporary, some gimmick chosen in order to appear more relevant and up-to-date and user-friendly and seeker-sensitive and whatever other such gibberish is currently in vogue, then our Calvinist and fundamentalist friends have a point.   When this sort of thing is done it is often, perhaps usually, a good indication that orthodoxy and orthopraxis have dropped a few places in the hierarchy of priorities of a parish and its leadership.

 

 

Suppose, however, that the alternative to sermon-centric worship were not anything novel, contemporary, or gimmicky.   Think of a church where the Scripture lessons are not chosen to support the topic of the sermons but where the preacher is expected to give a sermon explaining the Scripture lessons assigned to that Sunday in a lectionary designed to take the church through the written Word of God within a set period.   Think of a church where Holy Communion is treated not as something to be tacked on at the end of a sermon-centric service once a month or less but as something that should be done as often as possible, preferably whenever the church meets, and ideally every day, and of at least equal importance to the sermon and probably greater because it is the ministry of the Word as a whole, in which the sermon takes a subordinate position to the Scripture lessons, with which the Sacrament is on par.

 

The preceding description is what was generally the case with all churches in the first millennium of Christian history, remained true of the ancient churches other than the Roman after the first millennium, and from which the Roman church deviated not by adopting sermon-centric worship but rather by twisting Communion-centric worship into a caricature that provoked a response in the Protestant Reformation that gave birth to sermon-centric worship.

 

Calvinists are unlikely to be deterred from thinking their sermon-centric model of worship to be the only valid one by this fact.   Although the need for a greater stress on preaching – and for higher quality preaching than what had been the norm – was a common theme of all branches of the Magisterial Reformation, it was the Reformed far more than the Anglicans and Lutherans who developed the sermon-centric model, and the separatist sects, even those who would be appalled to consider themselves “Calvinist” in theology, usually took their cues on matters such as these from the Reformed.   Today, conservative Reformed theologians more than any other conservative Protestants point to what they call the return to the primacy of preaching, in explaining what was good and necessary and right about the Reformation.

 

Now in the late Medieval period, in the centuries immediately prior to the sixteenth which saw the Protestant Reformation, bad doctrine and bad practice concerning both preaching and the Sacrament became prevalent in the Roman church.   This is why the Calvinist position cannot just be dismissed wholesale.   Calvinism, however, has a tendency to lump doctrines and practices common to all the ancient churches, not just the Roman but those whose communion with Rome was broken in the first millennium, in with the errors particular to the late Medieval papacy.   The Protestant Reformation was a needed response to the errors of the late Medieval papacy, but Calvinism went too far in rejecting what was common to all the ancient churches.   Typically, when Calvinism rejected something common to Rome, the Eastern Orthodox, and the ancient near Eastern churches, it was not because it could demonstrate that the Scriptures opposed it, but because it could not be shown that the Scriptures required it.   This is a very bad way of approaching traditional doctrine and practice.   Doctrines, such as the truths confessed in the Nicene Creed, and practices, such as an annual celebration of Christ’s birth and Resurrection, common to all the ancient churches, should be regarded as good and sound and worthy of being retained and perpetuated unless it can be shown that the Scriptures are explicitly against them.   The rejection as “popish” of doctrines, practices, and traditions common to all the ancient churches rather than distinctive of Rome in the late Middle Ages is hyper-Protestantism, and is typical of both Calvinism and fundamentalism, the most sermon-centric movements within Protestantism.

 

Let us consider the difference between Protestantism and hyper-Protestantism as it pertains to that which was ubiquitously the focal point of church services prior to the Reformation – the Sacrament of the Eucharist.  What the Protestant Reformers objected to in Roman practice going into the sixteenth century was that while the Mass (the liturgy of the Eucharist) was said daily, the laity seldom took Holy Communion.  They were obliged to attend Mass regularly, but the only obligation with regards to taking Communion wat that they had do it once a year.   When they received Communion it was in one kind – the cup was withheld from them.   Their part in the Sacrament was, apart from the once a year obligation to receive it in this mutilated form, was to gaze on it and adore it.   All of this was particular to the Roman church and a fairly late development.   The practice of withholding the cup from the laity, for example, was no older than the eleventh century and the official banning of the laity from receiving the cup came barely a century prior to the Reformation.    Obviously, the reform called for here was to insist that both bread and wine be offered to the laity and to encourage the laity to receive Communion regularly rather than just adore the Sacrament.   De-emphasizing the Sacrament, however, so that it is no longer the focal point of the service, goes against the practice of all the ancient churches, not just against the errors of Rome.   A similar observation can be made with regards to the doctrine of the Sacrament.   The Protestant Reformers objected to the Roman doctrine of Transubstantiation – that during the Eucharist the bread and wine are transformed into the actual Body and Blood of Jesus Christ with only the appearance of what they were before remaining.   What all Protestants agree is objectionable in the doctrine of Transubstantiation is the idea that after the consecration the bread and wine are no longer bread and wine – the Real Absence of the bread and wine, if you will.   There are many different Protestant views as to what actually does happen which I will not be listing here as it is largely beside the point.  Suffice it to say that hyper-Protestants are usually drawn to Zwingle’s view of Communion as a mere symbol remembrance of the death of Christ, a view Calvin rejected although it is hard to discern a real difference between his view and Zwingle’s, which interpretation rejects not merely Transubstantiation and the aforementioned Real Absence of the bread and wine after consecration, but also the Real Presence of the Body and Blood of Christ in the elements of the Sacrament, which all the Church Fathers taught and which all the ancient churches hold to, with all but Rome generally regarding it as a mystery that does not require an explanation of the sort Transubstantiation was thought up to provide and for which such an explanation would be an impiety.

 

It should be clear from what we have just seen that the move to de-emphasize Communion to the point that it becomes something infrequently tacked on to a sermon-centric service arises out of the hyper-Protestant rejection of the doctrine and practice common to all the ancient churches – that which is truly Catholic – rather than mere Protestant opposition to the late errors distinctive to Rome.

 

Now with regards to sermons themselves, the Reformers taught that the clergy must not neglect the duty of giving sermons, that the clergy needed to be better educated so that they could better explain the Scriptures, that the sermons needed to be delivered in the vernacular, and should faithfully preach Jesus Christ and not merely serve some political agenda of the papacy.  There were all valid points and that they were all made indicates that the quality of preaching had declined significantly although the picture that is often painted of preaching in Western Europe on the eve of the Reformation is probably exaggerated.   It is doubtful, for example, that outside of university pulpits sermons were given in Latin to congregations that could not understand it, rather than being preached in the vernacular to congregations but when published put in Latin for a literate readership.   Certainly, the Reformers’ emphasis on the need for an educated clergy bore good fruit in the academic institutions established at this time for the purpose of educating clergy in the Scriptural languages and the art of interpreting them.

 

The hyper-Protestants, however, again took things too far.   In their doctrine of the primacy of preaching they elevated the sermon above the very Scriptures the sermon is supposed to interpret and explain.   Consider the difference between the two models outlined earlier in this essay with regards to the relationship between the Scripture lessons and the sermon.   In the sermon-centric model, the lessons are chosen to support the preacher’s topic.   In the traditional model, the preacher composes his sermon to explain the given Scripture lessons.   The traditional model has the sermon subordinate to the Scripture lessons, the sermon-centric model suggests that the Scripture lessons are subordinate to the sermon.   In some forms of Puritan theology this was spelled out explicitly.   The Puritans were the original English hyper-Protestants.  In The Lawes of Ecclesiastical Politie, his response to Puritanism, Richard Hooker addressed at length arguments from a leading Puritan of his day to the effect that the mere reading of Scripture in the lessons is insufficient to quicken the spirits of men, that the Scripture had to be preached, i.e., in a sermon to be effective.  As crass and blasphemous as this notion is – it translates into the idea that the very words of God are ineffective but human interpretation of those words is effective – it is frequently encountered among the sermon-centric.

 

As with all such errors the idea that the Word of God is ineffective unless preached in a sermon has its “proof texts”.   These are Romans 10:14-15 and 1 Corinthians 1:21.   The first of these is where St. Paul asks how they shall call on the Lord if they have not believed, then how they shall believe if they have not heard, how shall they hear without a preacher, and how shall they preach except they be sent, with the point of course to each of these questions being that they will not, that it is necessary to believe to call on the Lord, it is necessary to hear to believe, and to hear one needs a preacher who has been sent.   The second proof text is the verse where St. Paul says that “it pleased God by the foolishness of preaching to save them that believe”.   What can be said about the Puritan, hyper-Protestant, abuse of these texts is that it illustrates the Reformers’ argument about the need for a better educated clergy. 

 

The word “preach” in these verses does not mean “give a sermon”.   It is a word that at its most literal means to do the work of a herald, to proclaim.   In these verses it basically means to tell other people about Jesus.  It is hardly confined to the concept of giving a formal address to a congregation.   Indeed, the implications that are often read into 1 Cor. 1:21 are hilariously comical when the verse is read in its context.   The sermon-centric read it as if the unbelieving world regarded preaching in the sense of the act of delivering a sermon as “foolishness” but God has shown them up by using what they consider foolish to accomplish His saving ends.     This is nonsense of course.   The ancient world did not regard preaching qua preaching, i.e., delivering an address to an audience as foolishness.   On the contrary, they held it in the highest regard.   If you don’t believe me, read up on Demosthenes, Cicero, and the role of the art of rhetoric in ancient education, including the schools of Plato and Aristotle.    The only difference between a sermon and any other sort of public oration is the subject matter.   For a Scriptural example, think of St. Paul before the philosophers at Mars Hill in Acts 17.    Those who ridiculed him did so because of what he preached to them, i.e., the Resurrection, not because of the form or manner in which he presented the Resurrection to them.   In 1 Corinthians 1 it is just as clear I the context  that it is the content of what St. Paul preached that the unbelieving world regarded as foolish, and not the mere act of preaching.   Note earlier in the passage, the Apostle, who is rebuking the factionalism that had emerged in the Corinthian church, says that Christ did not send him to baptize but to preach the Gospel, adding that he preached the Gospel “not with wisdom of words, lest the cross of Christ should be made of none effect”.   In other words, the power to save in his preaching came from the cross of Christ, and not from his oratorical ability.   The verse immediately after that spells it out – it is the preaching of the cross that is foolishness to them that perish, but to the saved it is the power of God.  

 

Again, when the New Testament speaks of “preaching” as God’s instrument in bringing people to faith and salvation to people, “preaching” merely means telling people about Jesus.   It could take the form of what we more commonly call preaching today, that is, giving a speech in which an entire crowd is told about Jesus at once, like when St. Peter addressed the multitude on Pentecost or what Billy Graham became famous for doing in our own time.   It could also just be you having an informal discussing with your neighbor and telling him about Who Jesus is and what He has done.  

 

The disingenuity of those who conscript these texts about God using the preaching of the Gospel to bring salvation into the service of their case for sermon-centric worship is further evinced in that the examples from the book of Acts of preaching that is used by God in this manner are all of sermons that are addressed outward to audiences other than the church.   St. Peter’s Pentecost sermon illustrates the point well.   The entire church at the time was already assembled with St. Peter in the upper room.   After the Holy Spirit descended upon the church, however, the sermon St. Peter gave which yielded the fruit of about three thousand converts baptized and added to the church, was not addressed to those with him in the upper room, but to the multitude gathered outside.   Later in the chapter, when it says that those who believed “continued steadfastly in the apostles’ doctrine and fellowship, and in breaking of bread, and in prayers” this is where we get our earliest glimpse of what the first church did when she gathered together to worship.   Their continuing “in the apostles’ doctrine” means that when they gathered they were instructed in the faith by the Apostles.   This is the beginning of what we think of as the sermon in the regular church service today.   Addressed to those within the community of faith that is the church, rather than outward, its purpose is didactic rather than evangelistic.   Together with fellowship, the Sacrament of the Eucharist (“breaking of bread”), and prayer, we have here the basic elements of the traditional order of service.

 

A frequent accusation which hyper-Protestants level against traditional liturgical, Sacramental, worship is that it is a show put on by priests acting out a prescribed role in which the laity are observers rather than participants.   This adds a level of deep irony to their advocacy of sermon-centric worship.   The word “liturgy” which we use for the order-of-service of traditional, priest-led, Sacramental services comes from combining the Greek words for “people” and “work” and involves far more participation on the part of the laity than a non-liturgical service.   Throughout the liturgical service, the clergy and laity interact with versicles and responses, mostly consisting of the words of Scripture, which introduce or close or both, Scripture lessons, collects, and other prayers.   For example even the Anaphora – the Eucharistic Prayer in which the elements of the Sacrament are consecrated – opens with a preface that begins with the priest and laity interacting in the Sursum Corda (“The Lord be with you” “and with thy spirit” “lift up your hearts” “we lift them up unto the Lord”,  “Let us give thanks unto our Lord God” “It is meet and right so to do”) and ends, the preface that is, with the Sanctus hymn sung or said by choir and/or congregation.   The single largest element in the liturgical service in which the laity plays a merely passive role is the sermon.   In a sermon-centric service, this part is extended and emphasized, and the interactive, participatory, liturgy is minimized or eliminated, so that such a service is far more limited in terms of lay participation than a traditional liturgical service.   A similar irony, directly related to this one, is that hyper-Protestants regard the priest-lay distinction as being an offence against the unity of the church that divides Christians into two classes with one being unjustly subject to other in violation of the “universal priesthood of believers”.   Apart from being unscriptural – the establishment of the Apostles as governing order of the church and their establishing two other Holy Orders under them is clearly recorded in the New Testament – and illogical – the nation of Israel was described as a nation of priests in Deuteronomy and this did not preclude the Levitical priesthood, therefore the universal priesthood of Christian believers cannot preclude the special priesthood of the Apostolic orders of ministry – and contrary to the universal practice of every ancient church for the first fifteen centuries of Christian history, this Christian era version of the sin of Korah resembles the Communism that is its secular counterpart by producing, whenever it is acted upon, a far greater gap between minister and congregant, than exists in the ancient, traditional, order against which it rails in the name of “equality”.

 

Finally, one telling indicator that the sermon-centric model of worship is deeply and dangerously flawed, is the language that one often hears when such preaching is discussed.   It is not infrequent to hear the sermon described in such a way as would suggest that the sermon itself is the Word of God.  Let us be clear.   The Scriptures are the Word of God.   The sermon is someone’s interpretation and explanation of the Word of God.   When the Old Testament, Epistle, and Gospel lessons are read out, this is more properly called “preaching the Word”, than when the homilist gives his talk on what these lessons mean, no matter how sound his hermeneutics may be.    The two must never be confused.  

Saturday, October 27, 2012

War and Peace: Part Two

As we have seen, since the dawn of time men have been fighting wars, talking, writing, and singing about their wars, and talking and dreaming about peace. On the one hand we glorify war, build monuments to battles, and honour our warriors. On the other hand we long for and pray for peace. Is there a contradiction between the way we long for the tranquility and security of peace and the way we honour our society’s warriors in our culture?


This question has been around for a long time. The ongoing discussion of war and peace has taken place across the boundaries of several different branches of human thought. One of those is ethics. Ethics, a word derived from the Greek word for habit or custom, is the branch of human thought that pertains to the division of human behaviour into the categories of right and wrong and human character traits into the corresponding categories of virtues and vices. The question of whether or not our desire for peace contradicts the glory we attach to war points to the basic question of the ethics of war and peace – is war right or wrong?

There are three possible ethical positions with regards to war. The first is that war is always right. The second is that war is always wrong. The third is that war is sometimes right and sometimes wrong. All views ever expressed about the ethics of war have been variations of one or the other of these positions.

The position that war is always right would appear to contradict the idea that peace is good and desirable. At the very least the two ideas would be extremely difficult to reconcile with one another. This position is a hypothetically possible answer to the question. It has not played a significant role in the actual ethical discussion of war and peace, and so we will not concern ourselves with it.

That is not the case with the position that war is always wrong. That position is held by a large number of people, such as those who believe in non-resistance for religious or philosophical reasons and progressives who believe they can establish a permanent and universal peace on earth through politics and diplomacy. Those who hold to this position, ordinarily frown upon the way the traditional culture celebrates past victories in war, and honours warriors who have fought and/or laid down their lives for us. If they are progressives who believe that war can be eliminated they may see these elements of our culture as roadblocks standing between them and their goals.

It is the third position, in which war can be either right or wrong depending upon the circumstances, that has been the mainstream traditional position in the Western world. It should therefore come as no surprise that this position is the one which is most easy to reconcile with both our traditional longing and praying for peace and our tradition of lauding and honouring acts of bravery and heroism in war.

Marcus Tullius Cicero, Stoic philosopher, orator, and Roman statesman from the last days of the Republic in the first Century BC, is often quoted as having said “the most unjust peace is preferable to the most just war”. In fact he expressed this sentiment more than once. (1) While this is a favourite quotation of those who are opposed to any and all wars, the Roman senator was in fact one of the most important pre-Christian thinkers in the just war tradition. In 44 BC, the last year of his life, Cicero wrote one of his most important works, De Officiis or On Duties. In the first book of this treatise addressed to his son, in the context of explaining that men have just obligations even to those who have wronged him, he addressed the subject of just war. Disagreements, he argued, can be settled in one of two ways – discussion or force, and since human beings, not being mere brutes, are capable of discourse, we are to resort to war, only when discussion has failed us. The only acceptable reason for going to war, he states, is “sine inuria in pace vivatur”, i.e., that we might live in peace, without harm. (2)

This idea, that peace is the only acceptable reason for war, can be interpreted and applied in a number of ways. Cicero lived in a time when his city, Rome, had succeeded in conquering the Mediterranean world and, having become an imperial power, was in the process of converting its republican political structure into an imperial political structure. Livy’s account of the history of Rome depicts Rome’s gradual conquest of her neighbours as an ongoing series of battles against troublemakers bent on disturbing the peace of Rome. Cicero wrote De Officiis in the year of Julius Caesar’s assassination. A little under two decades later, Caesar’s nephew Octavian because the emperor of Rome marking the dawn of two centuries of relatively tranquil Roman order. The wars of the Roman republic could be interpreted as the necessary historical means to the end of the Pax Romana. Throughout history numerous world powers have looked to Rome as an example and sought peace through war by means of conquest.

It is unlikely that this is what Cicero had in mind, even though he does immediately go on to discuss Rome’s treatment of the peoples she conquered. Cicero was an opponent of the transformation of Rome from a republican to an imperial structure, which had placed him in opposition to Caesar and would lead to his being proscribed by the Second Triumvirate and put to death on the orders of Marc Antony. It makes more sense to interpret his statement that peace is the only acceptable reason for war as further commentary on what he had just been saying about how disputes should only be settled by force when discussion is no longer an option. Diplomacy requires the cooperation of both sides in order to work. Sometimes one of the sides cannot or will not be reasoned with. By saying that war is only morally acceptable in these circumstances and that the only acceptable motivation for going to war in these circumstances is that we might live in peace after, Cicero is seeking to place limitations on when and how war is conducted. This is the purpose of the classical concept of just war.

The classical concept of just war is an ancient element of the traditional Western dialogue about war and peace. It is not the only component of that dialogue however, neither is it the oldest component, nor is it the only element to discuss war in terms of justice. To understand the classical concept of just war we need to distinguish it from both the official justification for war and war criticism. These two elements of the dialogue are, of course, opposed to each other and the classical concept of just war differs from both, although it also has similarities with both.

The official justification for war is the oldest element of the dialogue about war and peace. This is true not only of the Western dialogue but of parallel conversations in non-Western traditions as well. Today we have a technical term for this element. That term is propaganda.(3)

When the leaders of one society wish to go to war with the leaders of another society they cite grievances against that other society. This is true today and it has been true for as long as wars have been fought. The purpose of this is to unite their society in support of the war effort. The grievances may be legitimate and serious or they may be fabricated and petty. They might be the actual cause of the war, i.e., the reasons that convinced the leadership of the society to go to war. They might be just an excuse, a pretext given for a war motivated by other, presumably less noble, causes. Late in the second millennium BC, the Mycenaean-led Achaean alliance sailed across the Aegean sea, lay siege to Troy, then captured, looted, and burned the city, putting its men to the sword, taking its women for concubines and its children for slaves. This event, confirmed as having taken place by archaeologists in the 19th Century, became the subject matter of Greek myths, legends, poems, and plays. The legends record the justification Agamemnon, king of Mycenae, gave for this war. Paris, prince of Troy had stolen Helen, the wife of Menelaus, king of Sparta and brother of Agamemnon. Whether or not this was the actual justification given at the time for the war its inclusion in the legends demonstrates that even in ancient times, governments felt they needed to give reasons for wars. If the abduction of Helen was the actual grievance cited as the casus belli at the time it was almost certainly just an excuse for a war that was actually motivated by a desire to plunder Ilium. (4) Note that the “wrath of Achilles” which is the subject matter of Homer’s Iliad was caused by Achilles’ feeling that he had not received his fair share of the spoils of war and the honour due him, which erupted into a quarrel between him and Agamemnon over their captured concubines.

Both the official justifications of war and the classical concept of just war identify circumstances in which war is considered to be just. Propaganda, however, starts with a specific war that has already been decided upon and offers reasons why it is just, with the purpose of facilitating the act of war, whereas the classical concept of just war proposes general conditions under which war would be acceptable, which specific wars are supposed to meet in order to be considered just, with the purpose of setting limits upon war. The similarities between the two exist on the surface, whereas the differences in terms of fundamental purpose are much deeper.

If the purpose of the official justification for war is to generate support within a society for its war effort and its political leadership in a time of war, the purpose of war criticism is the exact opposite, to call into question the wisdom and rightness of the decisions of a society’s leaders in wartime, including perhaps, the decision to go to war itself. War criticism is not the same thing as pacifism, although a war critic might be a pacifist. Pacifism, rejects all war as a matter of principle. War criticism, like propaganda, begins with and pertains to particular wars.

The greatest poet-playwrights of ancient Athens wrote in the fifth Century BC. The earliest of these, the tragedian Aeschylus, died before the outbreak of the Peloponnesian war (5). The rest lived and wrote during that thirty year conflict between Athens and Sparta. The youngest of the tragedians, Euripides, was much more of an innovator than the traditionalists Aeschylus or Sophocles. While they used their plays to convey ancient moral truths, Euripides used his as vehicles for commentary on the events of his own day, especially the war. Some of that commentary is very critical of how the leadership of Athens was conducting the war. The Troades, for example, commiserates with the women of Troy in their plight after the Greek victory. It came out in 415 BC and is believed to have been a negative commentary on the way Athens treated the people of Melos following their conquest of the island earlier that year. (6) Euripides’s criticism of the Athenian leaders, however, was subtle and moderate compared to that of Aristophanes, the comic playwright. He mercilessly lampooned the war and its leaders in several of his plays. Of his surviving works, the oldest is The Acharnians, written in the early years of the war. The hero of this play is a private citizen named Dicaeopolis who wants an end to the war. He goes to the Athenian assembly, but finds that body to be hopelessly incompetent and uninterested in peace. After ridiculing the buffoons who are wasting Athens’ time and money he sends Amphitheus, who claims to be descended from the gods, to make a private peace treaty between himself and Sparta. Amphitheus succeeds, but incurs upon himself and Dicaeopolis the wrath of the veterans of Acharnae, who are represented by the chorus. In a speech to the chorus, who are eventually won over to his side, Dicaeopolis defends his opposition to the war on the grounds that it had been started for bad reasons (7) and continued for the sole purpose of lining people’s pockets. These have been the primary accusations of war critics ever since.

War criticism of this nature is similar to the official justification for war in that both concern themselves with specific wars, rather than the question of the rightness or wrongness of war in general. In this similarity, war criticism and propaganda both differ from just war theory and pacifism, which are themselves similar in that they address the rightness or wrongness of war in general, albeit from opposite standpoints just as war criticism and propaganda look at specific wars from opposing points of view.

The traditional discussion of justice in relationship to war and peace has largely consisted of these four elements, one of which, pacifism, is a version of the second possible position on the justness of war, i.e., that it is always wrong, the other three of which are versions of the third position, that war is sometimes right, and sometimes wrong. (8) The just war element is, is the philosophical, ethical and sometimes theological discussion of two basic questions. The first of these is: Under what circumstances is it right for us to go to war? The second question is: What is the right manner of conducting a war?

That there was a right and a wrong time to go to war, and a right and a wrong way to conduct war, was recognized before philosophers began their enquiry into the justice of war. (9) The war criticism of Euripides and Aristophanes points to such an earlier understanding, and the roots of the philosophical discussion can be traced back to the same era. Socrates was a contemporary of both Euripides and Aristophanes. We only know about him through the writings of others, including the derogatory portrait of him in Aristophanes’ The Clouds, (10) but mostly through the dialogues of Plato in which he appears as the chief character, and often the voice of Plato himself. The Peloponnesian War forms the background setting for many of these dialogues. There is a subtext about the war that runs throughout Plato’s dialogues, in which leading figures of the war appear as characters. According to the Symposium, Socrates himself fought in the Peloponnesian War and was honoured for bravery. In one of Plato’s earliest dialogues, the Laches, one of the dialogues in which Plato is widely thought to have presented the actual Socrates rather than to have merely used him as the voice of his own ideas, Socrates discusses the nature of courage and the necessity of military training. Plato does not discuss the subject of justice in war very often. He does, however, present ideas that would influence later just war theorists such as Cicero.

Plato’s best known work is The Republic in which Socrates, invited to the house of Polemarchus, enters into a debate with several of the people present, including Plato’s older brothers Glaucon and Adeimantus about the nature of justice. Much of the discussion involves the hypothetical construction of an ideal city-state, governed by philosopher-kings whose government is enforced by a guardian class. In the fifth book of  The Republic, Socrates is asked to describe the guardian class in detail. In his response he says a number of things which pertain to war. He says that the children of the guardians should be apprenticed in the art of war by being made observers of wars, that guardians who behave bravely in war should be rewarded, and that those who behave cowardly should be removed from the guardian class. Finally, he draws a distinction between “discord” and “war”. The difference is that the former is a conflict between Greeks, the latter a conflict between Greeks and non-Greeks. Socrates says that there ought to be a set of rules governing discord – Greeks should not enslave other Greeks, the corpses of Greek enemies slain in battle should not be despoiled, Greek territory should not be destroyed nor Greek houses burned. These rules apply only to discord between Greeks, and not to war against non-Greek barbarians.

This is a sort of limited just war theory. It only addresses the jus in bello side of the theory, the question of how to fight justly in war, and the proposed rules apply only to internecine battles among the Greeks.

In Plato’s final dialogue, The Laws, the Athenian stranger, who may or may not have been Socrates, discusses the actual laws and constitutions of Crete and Sparta with Cleinias and Megillus. As we have seen (11), at the very beginning of dialogue the Athenian stranger challenged the idea, put forward by Cleinias that the purpose behind the laws requiring certain disciplines, such as the wearing of arms, was to prepare the city-state for war. Demonstrating the peace is preferable to war, the Athenian stranger declared that no one is “a sound legislator who orders peace for the sake of war, and not war for the sake of peace.”

This idea, that a state, even in the time of war, should be organized for peace, rather than the other way around, would seem to be reflected in Cicero’s declaration that the only acceptable motivation for war is peace. Cicero was certainly aware of Plato’s statement – his own treatise De Legibus, written about five to six years before his De Officiis, was modelled after Plato’s The Laws. This idea then, should be understood as the first, basic principle of the just war concept, a concept that Cicero developed much further.

After stating that to live in peace unharmed is the only acceptable reason for war, a jus ad bellum principle, he proceeds within the same sentence to give a jus in bello principle. It is similar to what Plato had Socrates’ say in the fifth book of The Republic, except that the distinction Cicero makes, is not between Greeks and non-Greeks, but rather between those who were “crudeles in bello” – “cruel in war” and those who were not. The latter should be spared, upon victory, Cicero wrote, but not the former. He illustrated by pointing to Roman history. Earlier generations of Romans had admitted the Tusculuns, Aequians, etc., to Roman citizenship after defeating them, but, at the end of the third Punic war had razed Carthage to the ground.

Cicero goes on to enumerate several other principles of just war – that protection should be given to those laying down their arms and surrendering, that war is not just unless there has been a formal declaration of war after the other side has been given a warning and the opportunity to settle the grievance peacefully, that a man should not fight in the war unless he is a soldier, legally bound by an oath of loyalty, and that wars fought for supremacy and glory rather for survival, while having to meet all these other standards in order to be just, must also be fought with less bitterness. (12)

This was the fullest pre-Christian expression of the concept of just war to be formulated in the Western tradition.

The largest part of the discussion of just war has been carried out by theologians within the Christian tradition. Not everyone in the Christian tradition has believed in the just war concept – pacifism in various forms has also had a strong voice within Christianity. In War and Peace Part Three, we will address the question of whether the authoritative Scriptures of the Christian tradition, and particularly the teachings of Jesus Christ, support the just war concept or non-resistance/pacifism. We will conclude this essay by looking at the concept of just war as it has appeared in the Christian theology and ethics of St. Augustine of Hippo and St. Thomas Aquinas.

St. Augustine was born in Numidia in 354 A.D. His mother was a Christian, his father was not. Sent to study at the University of Carthage, he rejected the faith of his mother. He moved to Milan to take up the position of professor of rhetoric, and there converted to Christianity, being baptized by St. Ambrose, Bishop of Milan. He returned to Africa, where he was ordained a priest, and made the bishop of Hippo (13).

It was during St. Augustine’s lifetime that Rome was sacked by the Visigoths. This occurred in 410 AD. Two years later, St. Augustine wrote a letter to St. Marcellinus of Carthage in response to some questions the latter had passed on to him. The second question concerned the statements from the Sermon on the Mount about not returning evil for evil, and turning the other cheek. The idea was circulating, based upon these statements, that Christian teaching and practice was not consistent with the duties of a citizen of Rome. Several ideas of this sort were going around at the time, because many were blaming Christianity for the fall of Rome, saying that it was divine punishment on Rome for abandoning the Roman gods for Christianity. Eventually, St. Augustine would respond to those accusations in his treatise De Civitas Dei. In response to this specific question, he pointed out that the men who brought Rome to its position of greatness, were attributed with practicing the very thing Jesus’ commanded. He points to Cicero’s praise of Caesar, for example, as one who was prone to forget nothing except the wrongs done him. This, St. Augustine said, not remembering wrongs done, pardoning rather than seeking revenge, is what Jesus meant by not returning evil for evil. In this context, St. Augustine writes that a commonwealth that practices Christianity, will conduct its wars in such a way, that both sides will be able to enjoy peace and justice after the war has concluded. If the Christian religion condemned all wars, he went on to write, soldiers would be commanded to abandon their profession, when instead they are commanded to be content with their wages. (14)

In another letter, written six years later to Count Boniface, the Roman governor of Africa, St. Augustine pointed to King David, the centurion who came to Jesus and Cornelius in the Book of Acts as examples of military men who had God’s favour, and again mentioned that John the Baptist did not tell the soldiers who came to him for baptism to abandon their profession. He told Boniface that he should consider his physical strength a gift from God and that he should make peace his objective, waging war only when necessary, in order that peace may be restored. (15)

In these letters, we see that some of the qualifications that were identified by Cicero as to what makes a war just have been reasserted by St. Augustine, namely that peace must be the ultimate objective of war, that war is to be fought only when necessary. We also see the bishop of Hippo’s concern with demonstrating that Christianity does not make a person a bad citizen, that civil duty is compatible with Christianity and even required by the faith, and that military service is not forbidden by the Christian faith. These are ideas that keep popping up throughout his writings.

One of his most well known passages on just war is found in his De Civitas Dei. In the seventeenth chapter of the nineteenth book, building upon his argument in the previous chapter, he described the entire world as being the third circle of human society, after the home or family, and city or state. In the world, differences of tongue divide men, but imperial powers impose their language upon the peoples they conquer. This creates unity, but at a terrible cost. Wars are full of slaughter and bloodshed. Imperial conquest of the world would not lessen the horrors of war, because the civil wars bound to break out in so large of an empire, would be even more terrible than imperial wars. Here, he described the attitude of the wise man who wages just wars. Such a man laments the necessity of just wars, he wrote, because they are the only wars he fights, and if they were not just out of necessity, he would not fight them and therefore would not fight any at all. He wages just wars, because of the injustice of the other side, which would be a cause for lamentation even if it did not result in a war.

If we took this chapter in isolation from the rest of De Civitas Dei, it could be interpreted as saying that only defensive wars are just wars. This is not what St. Augustine meant. Earlier, in his account of the history of Rome, he, like Cicero, had counted as just wars, the wars by which Rome had conquered her neighbours. Livy’s history depicts these wars as a long string of responses to provocative action on the part of these neighbours but they were not defensive wars in the sense of responses to invasions that threatened their existence and territorial integrity. Later theologians and other just war theorists, have taken the basic principle St. Augustine has expressed here, that to be just a war must be a necessary response to wicked acts on the part of the other side, to argue, as St. Augustine did not, that only defensive wars can be just.

He does, however, give other qualifications as when a war is just. His Contra Faustum was written as a rebuttal of a book written by a leader of the Manicheans, a sect he had been involved with before his conversion to Christianity. In the twenty-second book he states that war contains many evils – lust for bloodshed, vengeful cruelty, ferocious hatred, etc., but that it is in order to punish such things that good men fight just wars. Their justice in doing so, he goes on to explain, depends upon the cause for which they are fighting, and their authority for doing so. Rulers have the authority to wage war according to the natural order, and if they abuse that authority, a soldier fighting under their orders is not personally culpable for fighting in a war lacking a just cause. (16) St. Augustine made these points as supporting arguments for the argument that if human rulers have the lawful authority to conduct wars, then laws conducted under the authority of God must be that much more just, which was a response to Faustus’ claim that the writers of the Old Testament libeled God by depicting Him as commanding the wars of Moses.

The idea that rulers have the authority to wage war, also contains a limitation upon when war can rightly be conducted. If the lawfully constituted rulers of a society have the authority to wage war on its behalf, this implies that other people do not have that authority, and St. Augustine stated this outright in the same book, a few paragraphs earlier. (17) This principle of just war theory could be implied from what Cicero had written in De Officiis, about the need for a formal declaration of war. St. Thomas Aquinas, would make it the first and most important principle, of his just war theory.

St. Thomas Aquinas was an Italian, Dominican priest in the 13th Century. He was a philosopher, one of the Scholastics, as well as a theologian. His most important work, was his Summa Theologica, a massive work of systematic Christian thought. It consists of a series of topics, in which he first presents a question, then a series of objections to his own position, after which he rebuts the objections and presents arguments for his own position. It is organized into three large parts, the first of which deals with theology, the second of which deals with ethics. The second part is itself divided into two parts, the first of which discusses broad ethical principles, the second of which deals with specific moral questions. The fortieth topic, in the second part of the second part, is the topic of war. The first of four articles that appear under this head answers the question whether or not it is always a sin to fight a war. He answers the question in the negative, stating that war is just if it meets three conditions. The first of these is that to be just, a war must be declared by a legitimate ruler, the second is that a just war must have a just cause, and the third is that the intentions of those fighting the war must be good.

Apart from the Scriptures themselves, St. Augustine is the main source St. Thomas Aquinas relied upon in arguing his case for just war. After his initial listing of objections to his position, he quotes St. Augustine’s argument, from the letter to St. Marcellinus referred to above, about how John the Baptist told the soldiers who came to him for baptism, to be content with their pay rather than to abandon their position. When he presents his three conditions for just war, he quotes from Contra Faustum to support his argument that a just war must be conducted by legitimate authorities and his argument that those conducting a just war must have the right intentions, and he also quotes from other Augustinian works. In his specific replies to each of the four objections, he quotes St. Augustine in all but the fourth. The concept of just war he presents in his Summa is essentially Augustinian.

That, of course, does not make it right. St. Augustine and St. Thomas Aquinas saw the just war concept as serving the cause of peace, by placing limits on when war can be rightly conducted. Pacifists see the just war concept as justifying that which is morally unjustifiable, and if the pacifist also has anarchistic leanings, he will probably see it as bolstering what he considers to be the unjust regime of the state. Do the Scriptures support the Augustinian/Thomistic concept of just war, which has been the mainstream in Western Christian thought, or do they support a version of the doctrine of non-resistance/pacifism? That is the question we will consider in the third and final part of War and Peace.

(1) It can be found in at least two places in his letters: Epistularum ad Atticum 7.14.3, and Epistularum ad Familiares 6.6.6. The Latin wording is slightly different in each letter, but both contain the meaning expressed in the English quotation.

(2) Cicero, De Officiis, 1.11.34-35.

(3) The term propaganda is also often used for many examples of what I have here called “war criticism.” Nevertheless, it is more often used for arguments put forth by a government to defend its position, and when we apply it to arguments made by opponents and critics of government it is to say that these arguments are similar in style to those put out by the government.

(4) On the other hand, Menelaus is supposed to have held his throne by virtue of his marriage to Helen who had been the daughter of Tyndareus, the previous king of Sparta. In which case, her having run off with or been abducted by Paris, would have been more than just a case of cuckoldry and a personal insult to Menelaus, but threatened the legitimacy of his rule as well.

(5) He had fought, however, in the Greco-Persian wars, including the Battles of Marathon and Salamis. His play The Persians celebrates the Greek victory by depicting the arrival at Susa of the news of Xerxes’ defeat at Salamis. Needless to say, this is not a work of war criticism.

(6) Thucydides records this incident in the fifth book of his History of the Peloponnesian War. His account includes the famous Melian Dialogue, in which, after the Athenians under the leadership of Cleomedes and Tisias, sailed against the island of Melos, with 38 ships, 3000 hoplites, and 320 archers, their generals were invited to dialogue with the representatives of Melos, a Spartan colony that had remained neutral until this incident. The Athenians demanded the surrender of Melos and the Melians attempted to argue against the Athenian demand on the basis of justice. This points to an understanding of rightness and wrongness in war, before the question was taken up by dramatists and philosophers. The Athenians refused to accept these arguments, or subsequent arguments that it was in their own self-interest not to persist with their demands. They insisted that they would look weak if they abandoned their demands, while the Melians insisted that it would dishonourable on their part to surrender without a fight. Ultimately the Athenians destroyed Melos, but this marked a turning point in the war that led to their own final defeat at the hands of Sparta.

(7) Specifically, he claims that the Megarian Decree of 432 BC, banning Megara from trade with the Delian League, was Pericles’ heavy-handed response to the kidnapping of prostitutes from a brothel run by Pericles’ lover Aspasia, itself a Megaran response to the kidnapping of a Megaran prostitute by some Athenian lowlifes.

(8) Although pacifists are war critics in a general sense, war critics in the sense in which I have been using the term are not pacifists. Aristophanes, for example, did not view the Greek resistance to the Persian invasion in the same way he regarded the Peloponnesian War.

(9) See Note 6 above.

(10) Aristophanes’ portrayal of Socrates, was that of a deceitful sophist and trickster, who thought up clever ways of making weaker arguments defeat stronger arguments. Although Plato, in Apologia, suggests that Aristophanes’ The Clouds was partly responsible for the unpopularity that led to Socrates’ trial and death, in Symposium he portrays the two as being on good terms at a drinking party.

(11) In Part One.

(12) De Officiis, 1.11.35-3 and 1.12.38.

(13) Now Annaba, Algeria.

(14) St. Augustine, Epp. 138.2.12-15.

(15) St. Augustine, Epp. 189.4-6.

(16) St. Augustine, Contra Faustum, 22.74-75

(17) Ibid., 22.70.