THE ENLIGHTENMENT: SECULAR LAW, COMMON CULTURE AND PERSONAL LIBERTY (6)

 

The present is a series of essays on the roots of modern European political philosophy. These ideas shaped many states on the continent, determined the nature of their Governments, and defined the role of the people as subjects of the state. The result is a distinct European culture that since the Enlightenment, has been working towards the destruction of its Greco-Roman and Judeo-Christian roots. In this installment, Secular Law, Common Culture and Personal Liberty.

Continued from The Counter-Enlightenment: FLUNCKING FICHTE (5)

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The actions of man are guided by three separate 'authorities': secular law, cultural traditions (which includes religion, philosophy, ideologies, tradition, etc.) and moral choices based on personal values. It is very important to be aware of this distinction: in the philosophy of Liberty the law can't be allowed to trespass on the second and the third domains. Yet it happns every day. 

The concept of a right pertains only to action—specifically, the freedom of action. It means freedom from physical compulsion, coercion or interference by other men. Thus, for every individual, a right is the moral sanction of a positive—of his freedom to act on his own judgment, for his own goals, by his own voluntary, uncoerced choice. (Ayn Rand Lexicon)

Secular versus Sacred Authority: introduction

Historically the distinction between Secular Authority and Sacred Authority largely followed the separation of Church and State, but the distinct 'authorities' that rule our lives mean much more than that. It is very important to know the history that led to this separation, so that we can determine which aspects can be controlled by secular law (and by extension, by democratic principles) (secular authority), what part of our lives is ruled by culture and tradition (here referred to as 'ethos') and what part is exclusively personal consideration (here referred to as morality).

In other words, what is the proper field for the law, which part may be ruled by society and what is our personal domain? The secular must be practical and universal (for example the traffic code); ethos pertains to culture, traditions, and national identity; morality is personal choice based on voluntary values. In psychological terms, the secular and the ethos are external loci of control, while morality is the inner locus of control. 

Continuity and culture

Classical Greek thinkers, like Thucydides, Plato and Aristotle were the first to ponder how to constitute a State. They distinguished two separate domains that control the actions of citizens: the Sacred Authority and the Secular Authority. The two are quite distinct.

Secular authority is expressed in structures, institutions, processes, rules and laws and governance. Sacred authority is self control exerted through traditions, civic virtues based on common religious and ethnic practices.

Historically personal morality was understood as the domain of the Sacred Authority, the Church. But we must understand that for the inner locus of control a process of individualization is required that only developed fully under the influence of Judeo-Christianity, based on its personal relationship with God and its idea of individual salvation. 

The whole body of knowledge, practices and heritage is passed on to the next generations, ensuring continuation. In the course of time a community, a town, a nation, a culture or an entire civilization develops. Such a society thrives when it is based on Secular as well as Sacred Authority. The two mutually support each other.

In a society in decline either of the authorities has lost its capacity to control the behavior of society. The two domains can be separate or integrated. But to be effective a society must be supported by both. In some systems both authorities were united in a God-King, but in others they were separated—but still mutually supporting.

Out of the collapse of the feudal order of the Middle Ages rose the idea of equal, sovereign states (Wiki Peace of Westphalia). In order to defend the monarchy against the authority of the universal Roman Church John of Paris (1235-1306) developed the concept of the sovereign State. He distinguished the Secular Authority of the State from the Sacred Authority of the Church; he claimed that coercion should belong to the State, while the Church ought to determine morality and ethics. 

Modernism

The Revolutions of the Enlightenment between 1640 and 1848 were an attack on the sacred sovereignty of the Monarchy. In the United States sovereignty transferred to the individual citizen, while in France sovereignty rested on the People collectively. This paradigm shift required the invention of some abstraction to signify The People. A number of concepts were developed, of which Rousseau's the 'social contract' and 'the Will of the People' survive to this day. 

The practical realization of the Secular Authority was solved easily enough by the creation of the nation state, but the concept of the Sacred Authority was much more complex. In most cases a State Church was instituted.

The German philosopher Hegel (1770-1831) proposed a non religious solution: ethos and morality were be to be determined primarily by the customs and traditions of those with a common identity. According to Hegel a nation integrated within the State is the best way to create progress. 

This concentrated the power of Sacred and Secular Authority invested the State with totalitarian power over the individual as well as over society as a whole. The end result was a virulent form of animistic Nationalism, an intolerant, ethnocentric Nation State invested with absolute, almost divine powers. (Source)

This indicates the danger a free society is in when the Secular Authority trespasses on the province of the Sacred Authority: in a free country personal morality must always be the final authority in any personal decision. When common ethos and personal morality are subjugated to State coercion, the moral stops being the moral. Morality is voluntary by definition!

The Founding Fathers of the United States had another solution, which provided for the separation of Church and State in such a way that power would not be concentrated in a single institution. This also allowed governmental structures and processes to be subject to the moral and ethical constraints of Sacred Authority, yet not to be controlled by any Church or the State to control any Church. This also allowed both Secular Authority and Sacred Authority to influence the behavior of citizens, Government remained efficient, united, and successful while individual morality remained supreme.

Progressivism

With the loss of Christianity and without a clear concept of civic virtue, European countries continued to integrate both authorities in semi totalitarian States in the name of equality. Many intellectuals accepted the ideas of Hegel, Marx and Nietzsche; the concept of the separation of Church and State was put on its head. Intellectuals and elites declared God Is Dead while they themselves annexed Sacred Authority to their domain of operation 

In liberal democracy belief and conviction became a matter of personal opinion, but not always by definition under the philosophy of Liberty, the integrated system of the three authorities. Yet this is a prime requirement, because only then individual Liberty can be assured. As a result of secularism encroaching further and further on the domains of the individual and society, the freedom of thought and conscience are now in serious danger.

Many believe that the separation of Church and State requires that all aspects of religion are cleansed from the public domain. This is a French model called laïcité that requires a strong, centralized Government that is contrary to the philosophy of Liberty. Moreover, it is not even required for the separation of Church and State. 

In the progressive, liberal democratic State Secular Authority (the law) has become the dominating authority while politicians, political parties and the ruling classes seek to bring the common ethos and personal morality also under its control, either by the social pressure tool of political correctness or by straight up legislation. They purposely conflated and equivocated secular law and the philosophy of Liberty. This in essence is the main fallacy of progressivism (if a mistake on purpose can be called that).

The present cultural decay and decline is caused primarily by the domination of secular law justified by democratic majority rule; by the weakening of the common ethos by postmodernism, relativism and multiculturalism; plus the failure of the three authorities to mutually support each other. 

Solution

Is there a solution to the current problem? Yes, there is. But only if we can raise awareness of the existence of the three 'authorities' and if the three domains can be made to support each other, and personal judgement can have the final say on all matters of personal choice. Which means that secular law must become secondary, not primary when it comes to matter pertaining to morality.

Since the process of individualization has been completed for most people in the developed world, the Church is no longer the final moral authority. The State on the other hand, must be discouraged from encroaching on issues beyond their proper domain. Every coup by secular law against personal liberty represents a further step towards tyranny.

This problem is bigger than just the law. Other weapons are used against society and the individual. Think about positive discrimination, political correctness, subjective group 'rights' based on irrelevant physical characteristics (gays, women's, children's, animal 'rights'), the rule of emotions over reason.

The decay and decline can only be stopped if ethical matters are decided where they belong -- with the Sacred Authority in society and with the individual citizen -- and when politicians and the ruling class limit themselves to practical issues. The distinction between the three authorities is so easy to make, that a code could be devised without too many difficulties.

Dedicated to Sam Holliday who first raised this all important issue in his essay, "Secular and Sacred Authority: Why We Need It". (Source)

Note: This item was written long before the outbreak of Covid-19. The pandemic has put the concept of the three separate authorities on its head as Governments around the world usurped powers that do not belong to their domain. The context of infectious decease is an ideal environment for trespassing on the private domain of the citizen and it is morally justified by claiming that all rules and regulations -- however ridiculous or irrational -- are for our own good. Societies for their part are violating individual rights by claiming this is a collective effort and those refusing to vaccinate on personal grounds, or the passport as a matter of principle, are selfish and anti social. 

UPDATE: 



Sep. 24, 2021 Dr Jordan Peterson explains what happens when the Sacred collapses into the Profane.

Up Next, Internationalism: The First International or the International Workingmen's Association was founded in London in 1864 by Communist and Socialist activists like Karl Marx (...) The era of Utopia had begun. A total of 110 million deaths later many still fail to make the proper analysis.

Free Download of Stephen Hicks primer on Postmodernism (PDF)

First posted on Politeia on March 3, 2008 and subsequently on PomoNews.

In this series of the Counter-Enlightenment

Part 1: Introduction

Part 2: Rousseau's Ravages
Part 3: Countering Kant
Part 4: Heckling Hegel
Part 5: Fluncking Fichte 
Part 6: Secular Law, Common Culture and personal Liberty

Part 7: Internationalism

Nederlandse bewerking

Deel 1: Inleiding

Deel 2: De Ravage van Rousseau

Deel 3: Contra Kant

Deel 4: Hegel Gehekeld

Deel 5: Foeteren op Fichte
Deel 6: Wetgeving, cultuur en persoonlijke vrijheid
Deel 7: Internationalisme