I read the Chicago Council Task Force Report, “Engaging Religious Communities Abroad: A New Imperative for U.S. Foreign Policy,” as a student of the history and politics of international law. From this perspective, the report evokes Immanuel Kant’s famous denunciation of Grotius, Pufendorf, and Vattel in his 1795 essay Toward Perpetual Peace as the “sorry comforters” of the law of nations. For Kant, the principles and doctrines of the early modern natural lawyers not only lacked all “legal force” in restraining the belligerence of nation states, but, by appropriating the voice of international legality to the interests of power rather than right, they were ultimately apologists for such belligerence. Kant accordingly denounced these juristic advisers to historical states as “political moralists,” who, by basing their conceptions of justice on the political governance of conflicting interests in an attempt to humanize relations between warring nation-states, subordinated principles to ends and became thereby accomplices to war, imperialism, and colonialism.
Posts Tagged ‘natural law’
The central claim of Nicholas Wolsterstorff’s Justice: Rights and Wrongs is that justice is based on natural human rights that inhere in the worth of human beings, a worth that is bestowed on each and every human being through God’s love. He contrasts this view of “justice as inherent rights” with an alternative notion of “justice as right order,” the view that was espoused by pagan philosophers such as Plato and Aristotle and dominated philosophical thinking until relatively recent times. [...]
I am grateful for the kind and thoughtful comments posted at The Immanent Frame about Islam and the Secular State. It is fascinating and instructive to see a text grow to have a life of its own, with some readers adding clarification and more effective communication of what one is attempting to say. Even misunderstanding is helpful in alerting an author to the risks of miscommunication, instead of assuming that people do understand what we say as we mean it. Indeed, it is the combination of the author’s purpose and the reader’s comprehension that determines what is actually communicated. It is that complex outcome unfolding over time, and not an author’s unilateral theorizing, that can make “a good theory,” for according to Kurt Lewin’s helpful insight, “there is nothing so practical as a good theory.” In this light, I offer the following reflections in the spirit of contributing to a process of collaborative theory-making. [...]
What is interesting about An-Na`im’s arguments is that they ground the case for the secular state not in the Quran, not in claims about the presence of the imago Dei in the person or in some other source of the person’s intrinsic dignity, not in natural law, some closely similar type of practical reason, or universal moral precepts, but rather in what might be called “second order” observations about the phenomenology of belief, the character of government, the lessons of history, and the like. To be sure, good reasons for the secular state lie therein. But are these arguments sufficient to ground an Islamic case for constitutionalism, human rights, and the secular state? I doubt it.