The article, “These are the things we need to consider in the Reno Diocesan Synod,” makes an interesting point about the Ten Commandments, as translated directly from the Hebrew. The Prologue to the Ten Commandments states:
Moses summoned all Israel and told them, Hear, You who struggle with God, the customs, חֻקִּים and correct judicial precedents,מִּשְׁפָּטִים I proclaim in your hearing, this day, to learn them and guard to do them. The Personal Name cut a Social Contract with us at Horeb; not with our fathers did the Personal Name cut this Social Contract, but with us, all of us, alive, here, this day.
The interesting thing about customs חֻקִּים and judicial precedents מִּשְׁפָּטִים is that they develop over time. By definition, they could not have come directly to Moses at Horeb. How does Torah say this? All the customs חֻקִּים and judicial precedents מִּשְׁפָּטִים, which came over time, came at Horeb. This is because, as the Jewish people relive their salvation at Passover, and we relive ours in the Eucharist, we relive the Passover, the Passion event, again, for the first time, each time.
“These are the things we need to consider in the Reno Diocesan Synod,” makes the interesting case that customs, חֻקִּים, come from below. Judicial precedents, מִּשְׁפָּטִים, come from above.
“Called Together: An introduction to Ecclesiology” discusses a ‘60s dispute between Stanley Hauerwas and John Courtney Murray, S. J. We note how Hauerwas is a Mennonite. Those of us from Easter Pennsylvania note that the Mennonites are a group much like the Amish. They represent the emphasis on customs, חֻקִּים. They focus upon living their lives and letting their lives be examples to all people.
On October 2, 2006, Charles Carl Roberts IV took hostages and shot ten girls (aged 6–13), killing five, at West Nickel Mines School, an Amish one-room schoolhouse in the Old Order Amish community of Nickel Mines, a village in Lancaster County, Pennsylvania. Forgiveness and reconciliation in the response of the Amish community was the Amish norm practiced, even in this brazen case. The community did not establish rules for the grander community; it practiced them and in the process gave an example for the larger community to follow. This is the teaching of Stanley Hauerwas.
The Amish have a problem, the same problem of the Spartans of later ancient Greece. Very people desire to be Amish, and the National Geographic program, “Out of Order,” reveals the very real temptation to leave the community for the earthly temptations of life. Like the Spartans, Americans view the Amish as a quaint sect, and not the prime example for all to follow. This leaves us with John Courtney Murray, S. J. Murray speaks of three principles:
The first principle is the distinction between the sacred and the secular orders of human life. The whole of man’s existence is not absorbed in his temporal and terrestrial existence. The power of government does not reach into this higher sacred order of human existence.
The second principle is the distinction between society and state. Historically, this distinction developed out of the medieval distinction between the ecclesia (christianitas) and the imperium.
The third principle is the distinction between the common good and public order. It follows from the distinction between society and state. The common good includes all the social goods, spiritual and moral as well as material, which man pursues here on earth in accord with the demands of his personal and social nature.
The pursuit of the common good devolves upon society as a whole, on all its members and on all its institutions, in accord with the principles of subsidiarity, legal justice, and distributive justice.
Public order includes three goods, which can and should be achieved by the power, which is proper to the state. The first is the public peace, which is the highest political good. The second is public morality, as determined by moral standards commonly accepted among the people. The third is justice, which secures for the people what is due to them.
Of course, how does one define what is due to any other person? The article, “Aristotle and the NFL point our way to distributive justice,” correctly points out how vague the concepts of distributive justice and what one is due really are. Further, what subsidiarity, means in practical terms is also a matter of dispute.
The Capitalist, the Communist, and the Anarchist all believe that subsidiarity means no government at all, at least as it relates to economics. For the socialist, “He who governs least, governs best,” “Henry David Thoreau’s Civil Disobedience” means government control of all. To argue for more control than is necessary, is to argue for waste. To argue for less is irresponsible. The problem with John Courtney Murray’s theory, and most Social Contract theory, is that it does not define “subsidiarity” in practical terms, or “The least.”
This is part 1 Please click here for part 2