Tuesday, September 5, 2017

On some of the reasons Immigration Reform eludes us.

The following text is an excerpt, somewhat adapted, taken from the lecture I gave "On the politics of human dignity" at Bellarmine University in Louisville, Kentucky, last spring. The excerpt deals particularly with the impoverishment of moral and political discourse, and how this poverty has thus far prevented us as a nation from formulating a coherent national immigration policy. +df
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Pope Benedict XVI said the following in Caritas in Veritate no 7:
The more we strive to secure a common good corresponding to the real needs of our neighbors, the more effectively we love them. Every Christian is called to practice this charity, in a manner corresponding to his vocation and according to the degree of influence he wields in the pólis. This is the institutional path — we might also call it the political path — of charity, no less excellent and effective than the kind of charity which encounters the neighbor directly, outside the institutional mediation of the pólis.
The political world Catholics in the United States inhabit seems to have no room for the kind of political path of charity Pope Benedict wrote about. Charity has been privatized, and as a result, our pursuit of adequately just solutions to contingent social circumstances has become truncated. Further, moral judgment, as an act of prudential reason, has also been privatized, and this has impact on the character of political judgment in the wider public sphere.
Part of the problem is that individuals' relations to the world outside ourselves are increasingly difficult to account for, apart from willing them. Our wider culture has no basis to talk about mutual concern and compassion apart from the language of purely willed associations. These willed associations resolve to the isolated individual who tends to view relations suspiciously. When social relations are conceived as fundamentally voluntary, they are subject to severance for whatever provocation an encounter might unpleasantly cause. The “I do not want to deal with you” that is an ever present temptation to fallen nature becomes a normative and politically acceptable response.
Catholic moral teaching, including the Social Justice magisterium, presumes a metaphysics of human nature in relation, and proposes a healing and strengthening of these relations by faith, hope, and charity. The Church stubbornly insists that human political judgment cannot prescind from a metaphysically prior existential relatedness of all human beings. When there is no intellectual respect within public discourse for the given of human relatedness, we end up with what Pope Francis calls the culture of indifference. Indifference perceives no moral claim based on relation, and it kills by neglect. In the Church's life this breakdown of relationality is reflected in the privatization of charity, the loss of the sense that in addition to being  an individually willed act of selflessness, it is also a robust gift of social cohesion.
The eclipse of human relationality as a fundamental given of politics and law is the legacy of a post-Kantian search for an expression of law that serves as a kind of imperative derived a priori and applied universally. The tragedy of our age is that the a priori universal that seems to govern our moral/political discourse is that of individual autonomy and the radical freedom of the will. Limitation of freedom by secondary laws is permitted only in so far as the freedom is perceived to cause injury to another. At present the “perception of injury” that society permits to be legally prohibited capriciously excludes vast swaths of the population, from the unborn to the comatose patent, with the poor and the immigrant standing temporally somewhere in between.
In our current social predicament law is conceived as primarily a matter of discerning how to avoid the evils that unrestrained relationality might cause to the good of national sovereignty, community safety and personal rights. This state of affairs is precisely the result of the dropping out of our political consciousness a sense of legally expressed positive norms that govern the prior good of human relationality. Law as aimed at promoting the good ordering of relations, so that goods can be achieved by individuals and families within a community, seems to have passed out of our perception of social order.
We seem also to have lost the public habitual ability to derive principles and then discern their applicability within contingent historical circumstances. Politics, and by extension, law, are increasingly perceived as ahistorical. This is to say, the principles, or facts, once assembled, are treated as universal imperatives that admit of no adaptation to particular historical circumstances. The law is the law. If we seem to be facing a choice between extremes, between high border walls on one side and open borders on another, it is because the discourse does not have room for integrating principles. Only in a political universe where law is conceived as essentially a collection of universal norms that are prohibitive of evil—evil understood minimally as causing obvious injury to another-- and not also aimed at promoting the good of human relationality, is this impasse possible.
Catholic moral life and thought is essentially integrative, that is to say, it assembles relevant aspects of a human situation and in so doing begins the work of forming an evaluative judgment about how particular situations do or do not attain to the more universal human goods like life, family and work. The move to the particular application is a move of practical reason that assesses goods and circumstances in a prioritized way. This way of thinking and speaking is essentially dialogical and integrative. It flows from a tradition of moral discourse that finds exemplary, though not exclusive, expression in Saint Thomas. The move from the reality of historical humanity, to the consideration of prioritized universal human goods, and then a renewed consideration of how to support these goods among particular peoples is the social analogue to the Thomistic return to the phantasm. Such dialogical movement is a necessary and always needed verification of a rational adequatio ad rem socialem. The move from the particular to the universal back to the particular again is basic in Catholic social teaching. This way of reasoning recognizes that at times particular laws need to change because human circumstances have changed to such an extent that human goods are no longer protected and are in fact imperiled.
The papacy in contemporary times, from Pope Pius XII to Pope Francis, has spoken with increasing urgency about the phenomenon of human migration, and what a Christian and politically responsible response looks like. Most people migrate not because they want to but because the sense they have to in order to survive. The development of the Magisterium on this issue has been largely a matter of expressing how a theological anthropology rooted in the Scriptural tradition lived in the Church (presupposing as it does a metaphysics of human relationality) impacts good political judgement about the social order as it develops and changes. Obviously this teaching precludes an attitude that says "every country is on its own". This aspect of the Social Magisterium responds to a recognition that the primordial goods of human life, family and social cohesion have been radically affected by the development of the modern nation-state and the emergence of post-modern global economic structures. The papal magisterium thus expresses principles, and then asks that the principles be applied by the responsible political authorities in a practical way to the particular, and often shifting conditions on the ground.
The attempt to formulate a cohesive immigration policy in the United States-- a goal that has to date eluded us-- is by its nature an attempt to move toward the particular application of principles. But there is at present no political consensus on principles, nor is there a will to craft a practical policy that aims to integrate human goods. The Church in the United States talks about these principles and proposes the need to integrate them in a practical way that both respects our national sovereignty and also lives up to our responsibilities to peoples beyond our borders in great, often life-threatening distress. Yet, it is at this more particular level of seeking to integrate principles politically that the Church is often told she has no relevance to the conversation. Often our own people do not know what to make of what bishops say about the application of principles to the issue of immigration. And this is because there is no longer much awareness that Church teaching does in fact impact prudential judgment about the public order and is thus relevant to the moral life of a Catholic.
It is important that we understand, however, that if the Church as teacher, and if Catholics in general, cannot engage actively in the articulation of norms that require careful prudential application in law and in practice, then we are, de facto, limiting ourselves to the poverty of the post-Kantian search for ahistorical universal norms I spoke about earlier. The Church does indeed teach norms that admit of no exceptions, but she teaches much more. The culture suffers and persons suffer if we do not also teach about human goods that must be balanced politically in a prioritized way.
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