I'm continuing with my summary of what Charles Rice said. My comments are in brackets.
Next, Rice asked, "How do you know using just your reason that there always had to be an eternal being?"
He quoted a line from Rodgers & Hammerstein's
The Sound of Music: "Nothing comes from nothing; nothing ever could." [But quoting music lyrics doesn't constitute a coherent argument. It seems to be that assertions like "nothing comes from nothing" are just that; assertions. In the view of modern physics, particles and anti-particles can, in fact, come from nothing.]
Finally, he revealed his deep argument for why there always had to be an eternal being: "Of course there had to be an eternal being."
Pope John Paul asked, why is the something rather than nothing? The culture where we live rejects that. The principle of our society is the dictatorship of relativism. "All things are relative": but if true, then that statement must be relative. And legal positivism is the jurisprudence of relativism. The foremost legal scholar of positivism was Austrian philosopher Hans Kelsen (1881-1973). Philosophical relativism is the philosophy of democracy. If everybody agrees, no one can tell what is right or wrong, so philosophical absolutism leads to totalitarianism. Legal positivism says that a norm of any content can be a valid law, and that justice is an irrational ideal. However, Rice disagreed with all that, saying we could pass a "John North extermination law" and we would know it is wrong. Kelsen, however, would have said "stop emoting, for we can't know what is just." After World War 2, Kelsen wrote, "Auschwitz & the Soviet concentration camps were all based on valid law". What do we give up and what have we invited if we can no longer say that Auschwitz is unjust? [It's like Rice never heard of any other legal theory. How about John Rawls and his
Theory of Justice?]
The three principles of modern society are secularism, relativism, and individualism. Take the Obama health care mandate as an example: is conscience important? Oliver Wendell Holmes said "The purpose of law is to enforce the taste of the dominant group." But John Paul said that relativism is the philosophy of totalitarianism; if you don't have common reason, then all you have left is force. Natural law says you
can know objective reality.
Take a pen. Can it be a battleship?
A door presents itself to me. How do we know it is a door? Because of our senses, both internal and external. The internal senses are imagination, memory, instinct, and common sense. Our active intellect abstract the essence of the door and passes it to the passive intellect which forms an idea. Idea: that by which we know. [Shouldn't our models of perception and cognition be based on what we know about neuroscience, rather than archaic 13th century views of the world?]
Judgment is the 2nd activity of intellect. Truth is the conformity of a statement with reality. If I say, "that is a geranium" while pointing at the door, that is false. There is a principle of non-contradiction. Can a pen be a pen and not be a pen? No, a thing cannot be and not be at the same time in the same aspect. [I'm not sure this is precise enough to mean anything, but even so, in modern physics, it is possible to create a system that is
both vibrating and not vibrating at the same time. The real world could well be more complicated than simple Aristotelian logic might suggest.]
What is good? "The good is that which all things seek." All things, not just persons. [What good does a rock seek?]
There are 5 basic inclinations that are natural and self-evident. Choosing to prove this, he asked people what they were. Answers from the audience were empathy, trust, happiness, sex, food, and understanding. But Rice was clearly disappointed by these answers, and gave these instead, from Thomas Aquinas:
1. seek good, including the highest good, God
2. self-preservation
3. preservation of the species
4. live in community
5. to know and to choose, to use intellect and will
[Again, why should we base our reasoning & law on what some 13th century philosopher, ignorant of biology and neurophysiology, said? In modern biology the idea that a "basic inclination" of an organism is the "preservation of the species" is laughable; that's group selection.]
You can reason from all basic inclinations to understand why theft, murder, etc., is wrong.
Nevertheless, sincere people will occasionally take opposite positions on a moral issue. How can you tell who is right? We have the ability to know objective moral wrong. You are culpable only if you know it was wrong.
John-Paul said that Catholics have a great advantage in the Magisterium. It is a positive and hopeful document that provides
- dignity of the person created in the image and likeness of God
- solidarity
- subsidiarity: social tasks should be performed by individuals, families, associations, and the State (in that order). The State exists for the person, not the other way around.
Cardinal Ratzinger said, "Adolf Hitler and Stalin could be saints if they really thought what they were doing was right." Synteresis: general moral faculty. Anamnesia: remembrance imprinted in us of the way things were before the Fall.
The Magisterium is an aid recalling to a person the anamnesis of his being. Cardinal Newman said, "I will toast my conscience first and then the Pope." Conscience is whatever you decide? No, that trivializes it and the State need not respect it. The reality is that conscience is transcendent.
Every state or corporation that has ever been has either gone extinct or will go extinct. But every human being who has ever lived will live forever. [You can't base a valid legal theory on a false claim.]
Only if you are willing to say human reason can reach moral truth can you say a law is just or unjust. Rosa Parks: was she morally obliged to disobey the law that said blacks need give up their seat to a white person and move to the back of the bus?
No: if a law is contrary to common good you have an obligation to disobey it unless doing so would cause scandal. Example: income tax. It may be unjust but you have an obligation to obey it. [A little ironic that he would refer to Rosa Parks, since what gay people want is similar to what Rosa Parks fought for.]
But laws that violate the divine good
must be disobeyed even at the price of your life. If a doctor in the military were ordered to perform an abortion, would he be obligated to do so?
We must affirm the transcendence of the person over the state. If you're incapable of affirming moral truth, then the state has won. If you're a relativist, you get your rights from the state. Only if you can affirm that you are endowed with rights by your Creator, as in the Declaration of Independence, can you assert these transcendent rights. You have transcendent rights because you're going to live forever.
Rice said, "I ask you to think about this and pray about it. It comes down to a question of God and the common moral code of society, founded on objective reality, and ultimately God. God is not dead; he's not even tired."
He concluded by saying that "the protesters have my admiration and respect" and we "should convey this to them". [I don't buy it.
Real respect means he would have addressed some of his bigoted statements about gays, instead of ruling all questions about them out of bounds at the beginning. He could have easily "conveyed" his respect himself, in person, by going to talk with the protesters before or after his talk.]