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MARTIN MBS Texte 54 BUCER 2005 SEMINAR
Thomas K. Johnson Human Rights and Christian Ethics
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Pro mundisPro mundis TableInhaltsverzeichnis of Contents
1 The Proper Function of Human Rights Claims...... 4 2 The Ontological Status of Human Rights Claims...... 5 3 What Rights Do People Truly Have?...... 8 Observations...... 9 Annotation...... 10 The Author...... 11 Impressum...... 12
1. Aufl. 2005 Human Rights and Christian Ethics
Human Rights and Christian Ethics1 Thomas K. Johnson, Ph.D.
In spite of the growth of democracy Netherlands, is taking a serious inter- in much of the world, there is still rea- est in the new use of Islamic Shariah son to be very concerned about the pro- law in Ontario, Canada. Women from tection of human rights. In addition Iran, who fled to Canada to find equal to the terrorism associated with mat- protection for the rights of women, are ters in the Middle East, the genocide now terrified that their rights will be associated with conflicts in Africa, the abused by the imposition of the Sha- seemingly growing religious persecu- riah within a western democracy. As tion in several parts of the world, and one Muslim spokeswoman in Ontario widespread abortion in much of the put it, „Women and children are being first and second worlds, two particu- sacrificed on the altar of multicultural- lar matters merit our attention, since ism.“2 If multiculturalism means that they represent similar events in several all systems of law, including those that parts of the world. The first of these: do not protect human rights, are now the European Humanities University of acceptable in the west, the rights of Minsk, Belarus, a fine liberal arts uni- more people will be at serious risk, even versity with an openly pro-democracy within our western democracies that orientation, was closed by force at the claim to stand under the rule of law. orders of the dictator in 2004, as part Heart rending problems such as these of a general crack down on any persons will not be eliminated merely by philo- or groups seeking political, economic, sophical clarity on the theory of rights, or religious freedom. This was a clear but the practical problems may be com- violation of freedom of speech which pounded by the widespread confusion should provoke indignation among all on the topic of human rights found in people of good will. Much to our regret, the writings of many ethicists and phi- totalitarianism is not dead in the post- losophers today. And just as the concern communist world. to protect human rights arose largely A second matter that should provoke under the influence of the Christian our concern is the loss of civil rights movement, it may be possible for a clear due to the expanding influence of cer- theory of rights to arise in the Christian tain types of Islam. It is noteworthy community and then cross over into the that the Dutch press, made sensitive broader political culture.3 to these matters by recent events in the
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One of the earlier Christian ethicists tions, one may have a moral obligation to write on the topic of human rights to disobey a seriously unjust law, which was Thomas Aquinas (1225–1274). is to practice civil disobedience. Though what he wrote on the topic was brief, his incisive analysis provides a very constructive starting point that I The Proper Function of can be easily clarified and expanded Human Rights Claims by bringing it into dialog with recent theories and questions. St. Thomas This assessment of Aquinas gives asks, „Are we morally obligated to obey us the classical Christian definition of human laws?“ His question assumes his the proper function of human rights distinctions between the four types of claims: to show that the actions of a laws: (1) the eternal law which exists government are so terribly unjust that in the reason or mind of God; (2) the one should protest or disobey. There natural law, which is the reflection or are several ideas related to this defini- image of the eternal law written by cre- tion of the function of human rights ation into human reason; (3) the divine claims that Aquinas either assumes or law, which is the special revelation articulates. He assumes that the proper of God in the Bible; and (4) human function of government is to protect law, the very fallible rules written and human rights by means of enforcing enforced in every society.4 The answer just laws. He clearly teaches that there Thomas gives to his own question is is a standard of justice higher than gov- very interesting. ernment, a standard which exists in the eternal mind of God. He believes that The ordinances human beings enact human beings have rights because they may be just or unjust. If they are just, are created in the image of God. And then we have a moral obligation to he argues that human practical reason, obey them, since they ultimately derive the image of God’s reason, can gener- from the eternal law of God. . . . An ally, with careful use, write laws that are ordinance may be unjust for one of two more just than the laws of his day. reasons: first, it may be contrary to the The importance of this classical, rights of humanity; and second, it may Christian theory of human rights be contrary to the rights of God.5 became much more clear during the course of the twentieth century, and The conclusion that Thomas draws that for a profound but simple reason. from this assessment is that people During the twentieth century many of have no strict moral obligation to obey the worst crimes against humanity were unjust laws, though prudence does committed by several governments require great caution before deciding to against their own citizens or against disobey a law. However, in some situa- people over whom they ruled. One can
MBS Texte 54 Human Rights and Christian Ethics easily mention the Nazi Holocaust, the but it was a myth nevertheless, with Stalin purges and death camps, the all the vulnerability that this implies. atrocities in Asia during World War II, Accordingly, the idea of natural human South African Apartheid, and many rights should be demythologized.“7 If other events that properly belong in a human rights are seen as a myth to be nightmare. At the time when people demythologized, our culture has truly often looked to government to protect fallen into metaphysical despair, with- them, they mostly needed protection out a theoretical foundation for govern- from an unjust government, often from ment or justice. their own government. One can see In answer to the question, „Where why the Apocalypse of John portrays do rights come from?“ there are three unjust government as a devouring beast. types of answers. The first says that Helmut Thielicke sagely commented, human rights come from the State or from Society. Variations on this theme Man must be protected against himself. are found both in western democratic The socalled basic rights, or human philosophy and in Marxist or Com- rights, have been formulated in light munist philosophy. For example, Soviet of this insight. From the dawn of their Secretary Leonid Brezhnev, without first realization they contain a protest doubt following the official communist against the trend of the state towards line of thought, wrote „the rights and omnipotence.6 freedoms of citizens cannot and must not be used against our social system,“ clearly assuming that rights come from 2 The Ontological Status of the government or the communist Human Rights Claims party.8 Strangely, this is not very differ- ent from what one finds in the works Unfortunately the classical Christian of some western humanists. Paul Kurtz philosophy of rights has been widely wrote, „rights have evolved out of the denied in philosophy in the twentieth cultural, economic, political, and social century. One can understand this prob- structures that have prevailed.“9 In other lem by asking ontological questions words, rights come from Society and/or such as „Do human rights really exist?“ government. The obvious problem with and „What is the source of human any theory that says that rights come rights?“ The answers one encounters Society or the State is that what the to such questions are quite disturbing State gives the State can take, leaving when viewed from within the classical people with the impression that they Christian perspective. For example, are the property of the State and with- Delos McKown writes, „The concept of out an effective way of talking about the inherent, natural human rights was at fundamental injustice of many states. If best a useful myth in the days of yore, one says rights come from the State or
Pro mundis Thomas K. Johnson from Society, the discussion of human ity to reason, or the ability to be cre- rights has lost its fundamental purpose ative. Collectivist theories tend to see and function. the value of the person as rooted in a The second answer to where human societal function, such as the ability to rights come from is to say that rights be economically productive or to con- come from the self. This is most com- tribute to a particular type of society. monly found in western liberalism. The similarity between the two is that A typical representative philosopher, the value of the person is based in some Michael Tooley, claims that rights are function or ability. Rather consistently, based on the interests of the individual, both individualism and collectivism and that the interests of the individual tend to think that a person who has lost are based on the consciousness and or never had some particular function desires of that individual.10 This type or ability is sub-human or a non-per- of individualism can be seen as the son, and therefore without all rights. extreme opposite of the collectivism People without the ability to function that says rights come from the State or in a particular way as defined within from Society. It too has serious philo- the theory ruling over that society are sophical problems. On the one hand, it then discarded, whether through a con- leads to unlimited and irrational claims centration camp, abortion, euthanasia, of rights, for once I say my rights come or some other means. from my interests and desires, it is dif- The second serious problem that ficult to say which interests and desires arises from both individualist and col- do not lead to rights. Maybe I have a lectivist theories of the origin or source right to everything I desire. On the of human rights is that human rights other hand, if I have no desires or inter- are seen as alienable. This is closely ests, maybe I have no rights at all. This related to the problem described of is why western liberalism cannot decide functional dehumanization. When the if I have unlimited rights or no rights. American Declaration of Independence In passing one should notice two claimed that people are endowed by serious problems that arise whether one their Creator with inalienable rights, a claims rights come from the self or one very important claim was being made. claims rights come from the State/Soci- This is that certain basic rights cannot ety. The first can be called „functional be lost, whereas rights that are alien- dehumanization.“ Both collectivism able can be lost or given away. In some and individualism strongly tend to see varieties of seventeenth and eighteen the value of a person as rooted in some century philosophy, the individual was function or ability. Western liberal seen as the source and owner of rights, individualism tends to see the value of but these rights could be given away in the person as rooted in a function such exchange for security, since the rights as the ability to communicate, the abil- were alienable. Once these rights were
MBS Texte 54 Human Rights and Christian Ethics given away to the sovereign, or so it the term „alien righteousness;“ this was claimed, the individual no longer term means that Christ’s righteousness had any rights over against the sover- is accounted to the believer as a gift that eign state, which begins to lay the theo- comes from outside the person and is, retical foundation for totalitarianism.11 in a sense, alien to a person’s status as a This made the claim that some rights sinner. In an analogous manner we see are inalienable very important. the dignity of each person as a gift that The third type of answer to the ques- comes to each person because of how tion of the source of human rights is to God sees that person. say that rights come from God. This is, History would indicate that one does of course, the classical Christian point not necessarily need to be an orthodox of view seen in the great Christian Christian to say that human rights thinkers, based on the biblical account come from God, even though the belief of humans being created in the image in the dignity and value of a person of God. This point of view is also seen, that comes to political expression in the more or less, in many of the deist think- discussion of human rights is rooted in ers of the Enlightenment, who tended the biblical belief system. The choice of to selectively accept some ideas from Thomas Aquinas to include his discus- classical Christianity, in so far as they sion of human rights within his discus- related to political ethics.12 This point sion of the natural moral law is an indi- of view claims that human rights come cation of his intuition that the aware- from God without regard to functions ness of the value and rights of people or abilities a person may or may not is rooted in God given practical reason have, and that some basic rights cannot as well as being rooted in the biblical be taken away by the State or Society. account of creation. The awareness of There is, thus, an ultimate guarantee of the value and rights of humans given in the value of each human life, such that nature is strengthened and renewed by an attack on a person is ultimately an the deeper awareness of the value and attack on God. It is best to interpret the rights of humans given by grace in spe- classical Christian understanding of the cial revelation and redemption. For this value of human life as a gift that comes reason it is possible for the perception from God that is therefore extrinsic to of and concern for human rights to flow the person and not to talk as if humans out from the believing community into have some inherent or intrinsic dignity the secular community. Nevertheless, or value. Helmut Thielicke coined the the full explanation of the value and term „alien dignity“ to describe how rights of men and women is given only Christians should see the value of each in the biblical account of creation. And human life.13 Contained within this if western culture is in a status of meta- term is a reference to the classical Refor- physical despair, without an account of mation theology of salvation that used human dignity, value, and rights, the
Pro mundis Thomas K. Johnson time may be ripe for a theory of human good will say „of course.“ But article rights firmly rooted in classical Chris- 25 claims, „Everyone has the right to tian thought to flow into the broader a standard of living adequate for the stream of western culture. health and well being of himself and of his family, including food, clothing, housing and medical care and neces- 3 What Rights Do People Truly sary social services, and the right to Have? security in the event of unemployment, sickness, disability, widowhood, old age The discussion of human rights starts or other lack of livelihood in circum- to become much more specific when one stances beyond his control.“ Statements begins to ask what rights people really like article 25 may easily discredit most have. The answers one hears about what claims to violations of human rights, for rights people have seem to be partly suddenly it sounds like there is a moral dependent on one’s theory about the equivalency between a government not origin of those rights. Thus, writers who providing very high unemployment think that rights come from the State or benefits and a government selling peo- from Society will be inclined to think ple (or allowing people to be sold) into people have whatever rights the State or slavery. Article 25 sounds like a wish list Society provides, which tends to lead for a comfortable society that arises out to very short, limited lists of human of the assumption that we have as many rights. And writers who claim that rights as we want because rights come rights come from the self tend to write from the self. It bears repeating that such as if we have as many rights as we want, arbitrary claims to unlimited rights can which tends to lead to wildly exagger- easily discredit the entire effort to seri- ated lists of supposed rights, that may ously consider human rights. resemble a child’s Christmas wish list. A good way to begin considering what These opposing tendencies may make rights people have is to go back to the particular human rights claims sound view of the person in classical Christian arbitrary and therefore not worthy of natural law theory, in which classical serious consideration. human rights theory is rooted. Thomas As an example of this problem one Aquinas and the other classical Chris- can look at the United Nations „Uni- tian ethicists saw the person as naturally versal Declaration of Human Rights.“ living with a number of moral obliga- Parts of this document seem to be wor- tions which are rooted in the require- thy of serious consideration. Article 4 ments of practical reason and every day claims, „No one shall be held in slavery life. From this one can easily conclude or servitude; slavery and the slave trade that people have rights to do the things shall be prohibited in all their forms.“ they are morally obligated to do. Our One can seriously hope that people of rights correspond to our moral duties.
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Specifically, people feel a moral obliga- tions and beliefs. Thus, there is a viola- tion to speak, worship, assemble, work, tion of human rights if any government raise a family, educate their children, carries out its proper obligations in a and so on, leading to rights to do these manner that prevents individuals and things. These matters could be desig- families from carrying out their moral nated our „primary positive rights.“ In obligations. order to protect such primary rights, we need to have many specific legal arrangements and principles, matters Observations like fair trials and a principle like „inno- cent until proven guilty.“ These could This general approach to human be called procedural rights that protect rights theory is clearly rooted in Chris- primary and basic rights. And the term tian ethics, however it is a set of ideas „basic rights“ could be used to desig- that could probably be appropriated by nate those things that are presupposed people who may not share those Chris- in our moral obligations, things like tian beliefs. It is possible that this way rights to life, liberty, and the pursuit of of talking about human rights could happiness. Obviously, basic rights must cross over from the Christian commu- be protected in order to allow people to nity into our wider political culture and exercise their primary positive rights. provide additional clarity about one of Some further illustrations may be in the fundamental problems of politics. order. In the realm of work, the result of this type of human rights theory would be the following: Obviously a wise government will follow well con- sidered economic policies that promote the availability of good jobs, but there is no basic injustice, no violation of human rights, unless government inter- feres with a person’s moral obligation to work. In the realm of education: Obvi- ously a stable government and healthy economy require a well educated popu- lation, so the government has a legiti- mate interest in both elementary and higher education. But individuals, fam- ilies, and local communities feel strong obligations to speak their mind, prac- tice their religion, and educate their children in light of their own convic-
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AnnotationsAnmerkungen
1 Much of the content of this article was first pre- of which appears in Ethics: Theory and Prac- sented as a special lecture at the European Huma- tice, edited by Manuel Velasquez and Cynthia nities University in Minsk, Belarus in 1996. This Rostankowski (Prentice Hall, 1985), pp. 41–54. article is written in honor of my brave colleagues The quotation is from pages 52 and 53. The from EHU who have struggled to gain protec- choice Thomas made to locate his discussion of tion for basic rights in the face of grave personal human rights within his discussion of the natu- danger. It was my privilege to serve with them as ral moral law indicates that he saw human rights a Visiting Professor, sponsored by the Internatio- as an organic part of natural law philosophy. nal Institute for Christian Studies, 1994–96. 6 Helmut Thielicke, Theological Ethics, Vol 2: 2 Quotation from Alia Hogben in „Moslim- Politics, edited and translated by William H. l vrouwen en Canada vrezen shariarechtbank“ by Lazareth (Grand Rapids: Eerdmans, 1979), pp. Marjon Bolwijn in de Volkskrant, June 15, 2005, 230, 231. p. 4. 7 As quoted in David A. Noebel, Understanding 3 Some of this history is told by Max L. Stack- the Times (Summit Press, 1991), p. 512. house in Creeds, Society, and Human Rights: A 8 As quoted in Noebel, p. 533. Study in Three Cultures (Grand Rapids: Eerd- 9 mans, 1984), especially chapters two and three. Paul Kurtz, Forbidden Fruit (Buffalo: Prome- A concern to protect human rights within secu- theus Books, 1988), p. 196. Quoted in Noebel, lar society should probably be seen as a result of p. 510. God’s common or civilizing grace, which must 10 See Michael Tooley, „In Defense of Abortion be clearly distinguished from God’s saving or and Infanticide,“ in Applying Ethics, edited by special grace in Christ. As has often been men- Jeffrey Olen & Vincent Barry, (Wordsworth, tioned by theologians studying God’s common 1992), pp. 176–185. grace, there is some type of cooperation between 11 The classical representative of this point of common grace and special grace, since there is view is Thomas Hobbes, Leviathan (1651). In a unity within the eternal plan of God. Such his philosophy human rights arise from the self common, civilizing grace has allowed many and are transferred to the Sovereign, showing moral beliefs and theories to arise within the that individualism and collectivism are not truly Christian community and then find further polar opposites, as is usually claimed. reception and application in wider circles of poli- 12 Good examples would be the political phi- tical culture. See especially J. Douma, Algemene losophy of John Locke and Thomas Jefferson, Genade: Uiteenzetting, vergelijking en beoor- which led to the American Declaration of Inde- deling van de opvattingen van A. Kuyper, K. pendence. Schilder en Joh. Calvijn over ‘algemene genade,“ 13 (Goes: Oosterbaan & Le Cointre B. V., 1981). Helmut Thielicke, Politics, pp. 305 and 393; also elsewhere throughout his works. 4 For more on how the theology and philosophy of law synthesized by Thomas can be appropri- ated within Protestant ethics see Thomas K. Johnson, Natural Law Ethics: An Evangelical Proposal (Bonn: Verlag fuer Kultur und Wissen- schaft, 2005). 5 Thomas Aquinas, Summa Theologica, question 96, article 4. The translation used here is that of Manuel Velasquez (Copyright 1983), an excerpt
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TheÜber den Author Autor
Thomas K. Johnson, M.Div. ACPE, Ph.D. serves Martin Bucer Seminary as Professor of Apologetics and Dean of Czech Pro- grams. He is also Director of Komensky Institute of Prague and teaches philosophy at Charles University. He is a pastor of the Presbyterian Church in America and his work is largely sponsored through the International Institute for Christian Studies. Johnson served as a Visiting Professor of Philoso- phy and Psychology at the dissident European Humanities University (1994–96)in totalitarian Minsk, Belarus. He also taught evangelical theology in the orthodox theological faculty of EHU. (EHU was later closed by force at the orders of the dictator.) He has been a church planter in the US (Hope Evangelical Church, Iowa) and a pastor in the former Soviet Union. He has taught in nine universities or theological schools in five countries.
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