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The Right Not to Remain Silent:

Defining the Church's Relation to the Modern Liberal Nation-State

by

Ben M. Dillon


[Mr. Dillon, a native of Enid, Oklahoma, graduated from Dartmouth College. This essay was written for a Seminar in Political Theology in the spring semester of 2006 at Yale Divinity School taught by Joe R. Jones, then Visiting Professor of Theology. Mr Dillon received his MAR degree from YDS in May 2006. Used here by permission. Copyright©Ben M. Dillon. Posted here 2/24/07.]


In this paper, I address the peculiar relation of the Christian church to the modern liberal nation-state. More specifically, I am interested in the way in which the church’s distinctive discourses relate to those of the state. After arguing that the church and the nation-state are seriously at odds in their views of the human person, what makes a human community, and what is justice, I will consider two possible ways in which the church might understand its relationship to the politics of the nation-state: a “realistic” view, which attempts to witness to civil society on the terms defined by the nation-state’s politics, and an “idealistic” view which, having rejected the politics of the nation-state in favor of its own distinctive politics, seeks to withdraw from the world as far as possible. Both views, I contend, are based on fundamental misunderstandings of the church’s identity. In their stead, I will propose a third way. Drawing on John Howard Yoder's analysis of Jesus’ farewell discourse in Luke 22, I will suggest one way in which the church might engage with the political system in this country, while remaining faithful to the distinctive witness to which Jesus has called it. As a test case, I will examine how the strategy I propose might deal with the use of human rights language.

Part One

From the perspective of the church, the basic problem with the modern liberal nation-state, as typified, for example, by the United States, is that it is predicated upon violence and the threat of violence. The term ‘state’ is notoriously difficult to define, and the very concept of ‘the state’ is therefore rather vague. At its most general, a state is an assembly of institutions that organize and preserve order within a certain social space. My discussion, however, focuses on that particular kind of modern nation-state to which the United States government and its enthusiasts refer when they talk at length about ‘exporting democracy.’ The most salient feature of this political system is its monopoly on violence. The nation-state claims for itself the exclusive prerogative to use both violence and the threat of violence. The government, then, functions as a professional system of social coercion which seeks to maintain some degree of order through its monopoly on violence. The principal justification of the state is protection, security, and even peace. These are the goods that state guarantees, and how it justifies its own existence. Yet ironically, the basic means by which the state achieves these goods is the force it uses against its own citizens.

Even the seemingly most innocent functions of the state are predicated on this threat of violence. For instance, most everyone will agree that it is good and even necessary to impose at least some rules for parking cars on public streets, and most would view the means by which the police enforce these rules as basically harmless. However, consider what happens when someone doesn’t have the right coins needed to operate the parking meter: when she is caught, she is given a fine by an agent of the state. If she chooses not to pay, the state will increase the amount in fines assessed. Should she continue doing nothing, the state will summon her to one of its courts. If she does not come when they ask, they will forcefully drag her to the court. Should she continue to resist the state’s agents, they will use the threat of deadly force, and if she still resists, they will finally kill her. This example, though it actually happens rather rarely, serves aptly to illustrate the logic of the state: it maintains order through the persistent threat of lethal violence. The message that the state sends to its citizens is this: obey our commands or die. Now in everyday practice, the state’s relation to its subjects does not usually play out in an explicit choice between obedience and death, and so this illustration may seem rather outlandish. However, as anyone who may try to resist the United States’ government will quickly learn, this ultimate threat of lethal violence—though most often lurking in the background—forms the very foundation of the state’s order.

Everyone living within the boundaries of the nation-state is implicated by their government’s use of violence. Because the state insists upon total obedience from its subjects, it is not possible to escape its demand without placing oneself into the serious danger of severe bodily harm. Each of us is being subtly threatened with lethal violence at each moment, whether by the gun displayed ominously in every police officer’s holster, or by our culture’s obsession with the spectacle of legal proceedings which is manifested everyday in the newspaper and on the television news. Moreover each of us is implicated in this violence because all of us, by participating in the political and economic system in this country, both contribute to and benefit from this ultimately violent system. But why should this be a problem? Millions of Christians live under the rule of modern liberal nation-states everyday, and most of them never seem to face the choice between obedience and death. Yet this is problematic insofar as the logic of the state, which claims that preserving the order of the status quo is worth inflicting lethal harm on those who threaten that order, contradicts the logic of the gospel, that particular way of life to which Jesus Christ has called the church. In his sermon on the mount, for instance, Jesus provides a number of basic principles for those who wish to live a faithful life. Among these guidelines are the consistent non-resistance of enemies, or ‘law of non-retaliation’,[1] the willingness to renounce claims to private property,[2] and an ironic stance towards possessions in general.[3] Just the opposite, however, is true of the principles which govern the nation-state. Its laws place a high importance on private property and seek to legitimate the individual’s claim to whatever possessions she is able to acquire. These laws are, moreover, enforced by the constant threat and occasional use of violence, thereby contradicting Jesus’ command of non-retaliation and radical generosity.

While the problem I’ve just presented belongs to the realm of moral philosophy, the second problem is more ecclesiological in nature: the modern liberal nation-state seeks to exercise absolute authority over the bodies of its citizens. There are many Christians, I realize, who are not bothered by the state’s coercive nature, as I have just described it. The state, they claim, has been divinely ordained, and so its use of ‘the sword’ is justified. However, even those Christians who think that the state’s violence is justified ought to be bothered by this further problem, namely that the modern liberal nation-state—by its very nature—oversteps the bounds of what might be appropriate statecraft and makes claims on its citizens that infringe upon the claims that Jesus makes on his followers; in-so-doing, it threatens the community of Christians that is the church.

In the first place, the state demands absolute allegiance from its subjects. Whether this demand is made explicit (as in the case of ‘loyalty oaths’) or remains implicit (as in the state’s insistence that its citizens be willing not only to give their own lives for its preservation, but to take others’ lives as well), it is clear that the state makes an ultimate claim over the bodies of its citizens. Christians, however, know that they have been bought with a price,[4] and therefore belong to another master, one who is not identical to the nation-state. Indeed, Jesus tells his followers that it is possible to serve only one master, for ultimate allegiance to the state makes it impossible to fully obey Christ, just as ultimate allegiance to Christ makes it impossible to be the sort of citizen that the nation-state aims to create. Thus Christians are to affirm with Peter that “we ought to obey God rather than men.”[5] Although the interests of the state and the church may sometimes overlap, we must remember that the state is not the church; their ends are fundamentally different. And so anytime a Christian pledges her allegiance to the state, she is in effect trying to serve two masters, whether she acknowledges it or not. Yet as Jesus explains, she will ultimately serve either the state or the church, but not both at once.

Moreover, in line with its demand for ultimate allegiance, the nation-state aims to fulfill a pastoral role in the lives of its citizens as well. Drawing on the work of Michel Foucault and Quentin Skinner, Daniel Bell describes how with the inception of the specifically modern state, a new, pastoral kind of relationship between the state and the individual was established:

Under the old regimes of sovereignty, the sovereign’s relation with his or her subjects was relatively loose and impersonal. The sovereign essentially taxed and ruled on death. With the emergence of reason of state, however, the state is no longer content just to tax; now it must organize productive activity. It is no longer satisfied with ruling on death; now it administers life…The state, therefore, takes an abiding interest in the individual details of its subjects’ lives. Each individual is now addressed in terms of how that individual’s life may contribute to or detract from the state’s strength.[6]

In order to achieve these ends, the state must address its citizens directly as individuals. Hence the state aims to destroy distinctive communities like the church, because such communities threaten the state’s hegemony over the details of its citizen’s lives. Indeed, the success of the modern liberal nation-state is predicated on a peculiar anthropology, one which understands each person as a generic “everyman,” an individual instantiation of the generic class of “human beings.” Liberal notions of justice, therefore, insist that justice is “blind,” and that every person is to be treated without respect to her particular situation in life. Augustine’s notion of justice as giving everyone her due is replaced by the notion of “justice as fairness.”[7] Ironically, although the myth told by liberalism claims that rights are universal and belong to human beings as such, rather than being endowed by custom or positive law, the liberal nation-state at the same time justifies its own existence by claiming that a coercive state is necessary to protect and guarantee these rights.

This peculiar anthropology consists not only in the claim that every human can be understood as an instance of a generic ‘humanity as such,’ but also in its positing of the human as a fundamentally self-determining rational agent. The subject of ethical thinking, according to liberalism, is the autonomous individual, free from social roles, traditions and particular communities, constructing moral meaning for herself. Justice, then, is that principle by which the different needs and wants of individuals in a liberal society are made compatible with each other. Such a focus leads to a strong emphasis on rights. Once we have understood ourselves in terms defined by Enlightenment thought, we begin to imagine that our identities as persons are not defined primarily by our relationships with others in our community, but rather, being autonomous individuals with no necessary commitments to any others but ourselves, we are free to define ourselves as we choose. On this account, human society is composed of discrete, morally self-determining individuals, the liberal ethos assumes that there are not, nor can there be, any agreed upon accounts of what goods we ought to hold in common. Nor can we agree about the kind of people we ought to be. Any attempt to determine such goods or suggest virtues commensurate with citizenship is rejected as coercive and threatening to our freedom. This is why late-modern liberalism posits the existence of a tertium quid, or value-free social space within which a disinterested political community can be established.

The nation-state thrives upon this construal of personhood, because once its citizens have internalized this kind of anthropology, the state steps in and places its claim upon these supposedly autonomous agents. Indeed, the discourse of rights usually presupposes a large state apparatus to police the many ways that people can interfere with one another’s freedoms. As William Cavanaugh argues, “The effect of rights is to build a protective wall around the individual. To do so, however, the state often assumes greater control and surveillance capabilities. The result, as Rousseau saw, is that the object of the state is to make citizens as independent as possible from each other and as dependent as possible on the state.”[8] By virtue of living in a liberal democracy, the state tells its citizens, they have implicitly assented to a social contract by which they have agreed to submit to the state in exchange for the guarantee of their indelible human rights, which they possess by virtue of being a self-determining, autonomous agent, but which are grounded in the state’s guarantee of them. Just what these rights amount to, however, differs across time and space. The human rights belonging to citizens of eighteenth century New England are not identical to those belonging to their twenty-first century counterparts, nor are the rights belonging to contemporary Americans identical to those belonging to contemporary Scandinavians. In effect, what counts as a human right is determined by the interests of the state. “As the state itself becomes the guarantor of rights, human rights become tied, in bitter irony, to the security of the state.”[9]

Building on this account of the human person, the modern liberal nation-state seeks to create individuals, and then to establish direct relations between itself and these individuals, without the mediation of a community.[10] This sort of anthropology which understands humans as autonomous self-reliant individuals is at fundamental odds with the gospel, which declares that Jesus came to dwell with us, and to summon all of humanity into community with one another. Moreover, the very impetus behind the formation of a powerful state-form is the protection of one’s own autonomy against the claims of the other. This ‘survival of the fittest’ attitude conflicts with Jesus’ summons for us to renounce our claims against others, and to love the other as the self.

While rights language is grounded in a robustly individualistic and distinctively Enlightenment account of the self, Christians claim that God has summoned all of us to live together in a self-giving community of love and mutual respect, defined by the crucified Lord. Thus, there are many cases in which a thoroughly secular liberal will denounce a particular action as evil, on the grounds that it violates universal human rights, while a Christian will denounce the very same action as sinful, because the moral agent failed to love the neighbor as himself, or failed to respect the dignity of his fellow human being, who is created in the very image of God. Yet the way that each of these people conceives of this evil action, and of what precisely makes it evil, is fundamentally different. The Christian’s theological account is not ultimately reducible to a human rights account that is commensurate with the project of liberalism.

Part Two

In the previous section, I tried to show how the politics of the modern liberal nation-state, and their grounding in a particular modern anthropology, are fundamentally at odds with the church’s reconciling and community-building mission. Assuming this, how then is the church to respond? Clearly there is some commensurability between the interests of church and those of the state. For instance, both institutions are interested in promoting human flourishing, however they may conceive of that category. More concretely, both the state and the church are interested in seeing, for example, the number of murders in the inner cities decline. For the church to pursue a relentless anti-statist ideology by refusing to co-operate with the state to reduce violent crime is clearly a wrong-headed approach. Yet on the other hand, churches have historically gone along all too willingly with the harmful interests of the nation-states in which they have lived. How then should the church avoid being dashed against the rocks of collaboration with the destructive designs of a malevolent nation state, while at the same time steering clear of the whirlpool of stubborn sectarianism? As the history of the church has demonstrated, this is not an easy question to decide. Let us begin by considering two different ways that the church has historically attempted to relate faithfully to the liberal nation-state.

The first of these ways is to identify the church’s politics with that of the nation-state. This doesn’t necessarily entail the official adoption by the church of a particular political platform.[11] Rather, it means allowing the state to define what counts as politics, and to accept the politics of civil society as a given that exhausts the possibilities for political engagement by the church. This is what Daniel Bell has deemed the “dominant” understanding of political theology. In his article “State and Civil Society,” Bell offers a critical account of historical views on church and state relations.[12] Maintaining that all theology is always already political, Bell contends that “to address the issue of the state and civil society in political theology beginning with political theology’s contemporary manifestations is to commence the story too late.”[13] This is because to accept the dominant politics of the nation-state as given, and “to begin the conversation once the state and civil society have been ensconced in our imaginations…such that they appear as simply ‘facts,’ is to have acquiesced, perhaps unknowingly, in a crucial theological judgment regarding the character of Christianity's political presence in the world.”[14] It is, Bell claims, to have yielded the imaginative space properly belonging to the particularly Christian story, and accepted instead the counter-story told by modernity.

On the contrary, Bell argues, politics and the designation “political” do not in the first instance refer to the machinations and deceits of state and party officials, but to the social arrangement of bodies, and the organization of human communities, which is the root meaning of the term polis. Moreover, intrinsic to this organization, of which politics consists, is an act of imagination: “Although always concerned with the arrangement of bodies, every politics involves the (re)production of vision, a mythos, of community.”[15] Thus, Bell contends, to accept the politics of the nation state as given is essentially to allow the mythos of the secular state take the place of the distinctive Christian mythos.

To counteract this dominant mythology of the modern liberal nation-state, Bell begins by offering an account of a time before “state” and “civil society” assumed the modern forms that we tend to take for granted or view as inevitable today. In medieval Christendom, Bell explains, “society was an organic whole, governed by two parallel and universal powers—the Pope and the Prince.”[16] Indeed, whenever “the state” appears in political discourse in the fourteenth century, it refers not to a bounded space ruled by princes rather than popes, “but rather to the state or condition of the temporal princes themselves.” In the wake of the religious wars of the sixteenth and seventeenth centuries, European thought began to distance itself from the notion of state-sponsored religion and political power being invested in the church. The modern state as we know it emerged from this new view of politics. In the modern era, “the state” refers to a centralized power with a monopoly on the use of coercive force within a defined territory: “Henceforth, religion was construed as a private matter and the public, political realm was to be watched over by a sovereign and secular state charged with keeping the peace.”[17]

This view, which has dominated Western society throughout modernity, is exemplified by Max Weber’s account of politics. We inhabit, Weber claimed, various “life spheres,” each of which has its own laws and ethical functions; such spheres, while distinct, interact in a complementary manner. “Weber noted that religion was principally about the task of furnishing ideals, whereas politics was fundamentally about the manipulation of means in order to attain not the ultimate end or ideal, but what was pragmatically possible.” Politics, Weber wrote, is about “the leadership, or the influencing of the leadership, of a political association, hence today, of a state.” The result is that politics is now about “statecraft,” the manipulation of state power. The dominant modes of political theology done in the church today, Bell contends, are in fundamental agreement with Weber.

From the perspective of the emergent tradition, the embrace of the modern mythos, with its account of politics as statecraft, by the dominant tradition is symptomatic of the political captivity of that tradition. What Bell means by this is that the dominant tradition is politically reductionist. This is not to claim, as is frequently done, that political theology merely reduces faith to temporal-political matters and dismisses the transcendent-spiritual dimension of Christianity. Rather, the charge of political reductionism pertains precisely to the ways in which the dominant tradition has attempted to distance itself from the charge of reducing faith to politics. Bell claims that the dominant mode of political theology—whether in the form of political theology proper, Latin American liberation theology, or public theology—assumes the givenness of the modern state and civil society. In all of these cases, the “general” or “indirect” role accorded the church as a guardian of values reduces Christian political engagement to the options offered by the world, more specifically, by the regnant liberal order.[18] This is to say that the dominant tradition, whether in its conservative or progressive modes, basically conceives of Christian political engagement on the world’s terms.

Another slightly different way this doctrine of distinction of planes has played out in the American church has been the view, prominent among conservative evangelicals, that the state’s power is something the church should try to gain control over and wield in order to shape the world. Most would never explicitly appeal to a distinction between temporal and spiritual planes, and moreover, the way the ‘dominant’ and ‘religious right’ political theologies operate are quite different. While the dominant political theology maintains that the church should effect political change by affecting its members, who then act as citizens rather than as Christians, the religious right seeks to place as many of its members as possible in positions of great power, so that the language of the secular realm becomes as identical as possible with that of the church. This is not necessarily to say that the state becomes conflated with the state; indeed, much of the religious right would deny that they are the same, even though they may conflate them in practice. Rather, the state, as a divinely ordained institution, is one way for Christians to exercise influence over the world. Both the dominant mainstream and the religious right traditions herald the state as an agent of freedom; the salient difference is that the dominant tradition severs the church from a concrete political presence in favor of an apolitical, or at most, an only abstractly and generally political presence as a custodian of values, while the religious right seeks to use the state as a tool of conversion, hoping the state will impose the values of the religious right on the population at large.

Both modes of ‘dominant’ political theology, whether ‘conservative’ or progressive,’ place the church at risk of becoming indistinct from the world. As Cavanaugh warns us:

Christians in modernity have often bought into a devil’s bargain in which the state is given control of our bodies while the church supposedly retains our souls. This arrangement would be bad enough if it stopped there. But the state cannot be expected to limit itself to the body; it will colonize the soul as well…the nation state tends to develop its own Weltanschaung, a worldview and a discipline which aspires to train us in certain virtues, to mold our thoughts and our actions. It does so by taking hold of our bodies.[19]

By positing a distinction between a spiritual plane which is identified as the proper realm of the church, and a temporal plane, which can be left to the nation-state to govern, the church risks forfeiting its body and soul, which are inextricably linked.

Along with its adoption of the mythos of civil society, the church has often accepted unquestioningly the categories and particular modes of discourse that belong properly to liberalism. Thus, the church begins to understand its members as autonomous, rights-bearing individuals. Such a view stands in clear contradiction to the older, distinctively Christian view of the human person as wholly dependent upon the grace of God; it stands in opposition to the fundamentally interpersonal nature of Christian anthropology, which insists that the basic form of humanity is co-humanity. This tension results in serious practical problems for churches in America. Members of the church begin to appropriate rights language and apply it inappropriately to the church. Christians begin to say things like, “The pastor has no right to tell me how to run my life!” or, “How dare that preacher preach his politics from the pulpit. I have every right to vote the way I choose.”

At the other end of the spectrum of possibilities for political theology is the view that the church, as a political community in its own right, and having no need for the politics of the nation-state, should withdraw as much as possible from secular politics. One might take the critique offered by Bell and Cavanaugh seriously and conclude that in order to shake off the hegemony of civil society’s politics, the church should reject every aspect of civil society. Such a position might entail the outright refusal to vote in public elections, to hold any sort of office, or to participate in any activity related to the secular state, even those activities whose immediate purpose is well-intentioned, such as public education or the U.S. Mail, because ultimately it is merely an arm of the illegitimate and predatory state.

This attitude is ultimately misguided, however, because withdrawal is undesirable, if not an entirely impossible solution to the problem. In fact, the church and the world live in the same geographic and social space; the church shares many languages and practices with the world. Indeed, genuine withdrawal from civil society would require that the church conduct its own insular scientific and artistic projects. Such an approach is clearly ridiculous. Not only would the church stand to lose from such an arrangement, but the world would not benefit from the church’s sanctifying and truth-bearing presence at all. Most importantly, this would contradict the very notion and purpose of the church, which is to serve as a witness to God’s saving work on behalf of the whole world. As Karl Barth puts it: “Called out of the world, the community is genuinely called into it…The ultimate purpose of the community is to exist for the world.”[20] To remain true to our identity as a community in solidarity with the world, we must find some other way of maintaining our distinctive witness, while still engaging with the world.

Part Three

I have just presented two very different ways in which I think the church has failed to engage the state authentically. The first cedes too much to the world, whereas the second neglects to engage sufficiently with the world. How, then, should the church interact with the modern liberal nation-state? The first point to keep clear is that the church exists both in the world and for the world. This proposition consists of both a descriptive and a normative claim. The descriptive claim is simply the obvious point that the community of Christians lives within the world. This is to say that the church shares the same limits and horizons of time, culture, and language as the world does; it experiences the same problems, and must find solutions to these problems. Moreover, the church has been called out of this world, which means not only that it is composed by members of the same human communities, but that because of this, the church has been inescapably influenced and concretely shaped by the world in which it exists, and by those whom it encounters: “It is influenced by language, historical memory, institutional practices, power structures, values, traditions, and other things.”[21] Thus, even if the church wanted to withdraw from the world, it would not be able to.

However, the normative claim that the church exists for the world means that the church should not even want to withdraw from the world in the first place. The intercourse between the church and the world is not only historically unavoidable; it is also commanded by God. The very raison d’etre for the church’s existence is its witness in and relationship with the world. Moreover, if we are to maintain a faithful witness to which Jesus has called us, we must be intelligible to the world. This means using language that the world will understand, in hopes of speaking to those outside the church, rather than merely speaking at them.

Moreover, it is not the case that the church is opposed to everything in the world that is not part of the church. It is important to affirm that even when the church is counter-cultural, the church is always basically and unreservedly for the world. Yet, as Joe Jones points out, “this being-for-the-world arises from the call of the Gospel and is not grounded in the world’s own discourses and practices.”[22] This is why, in order for the church to be the best possible witness for the particular world in which it lives, it must engage wholeheartedly with the world in order to concretely understand and adequately assess both its strengths and its weaknesses. This complicated relationship between the church and the world constitutes what Jones calls the continuing dialectic between the church and the world: “Some aspects of this dialectic can be positively construed as a dialogue or conversation with the world: (a) to listen to the world, to know the world’s self-understandings, maybe better than the world knows itself; (b) to listen to the world characterize the church and its Gospel; and (c) to speak to the world, to address the world, to challenge the world, to answer the questions and critiques of the world, and to be ‘good news’ to the world.”[23]

If we, as the body of Christ, are to be intelligible to the world, then what are we to do with those particular language games and concepts which are based in systems that the church rejects? One example of this sort of discourse that runs contrary to the church’s beliefs and practices is human rights language, which as I attempted to show in §1, is founded upon an anthropology that takes no account of Jesus Christ, and is designed for a basically church-less world. Yet many in the world seem genuinely to achieve some good by using rights language. Should the church really be condemning language that serves some good, even if it runs counter to its theological commitments? Or should the church ever use human rights language? Similarly, how is the church to relate to debates that concern the politics of the nation-state? I propose looking to the work of John Howard Yoder for a potentially fruitful answer to these and similar questions.

In his essay, “The Christian Case for Democracy,”[24] Yoder suggests that an attitude of what he terms “Gospel realism” about the nature of the state is better suited to engaging public discourse than either an assimilationist model that would minimize the boundaries between the church and the world, or a sectarian idealism that would rather withdraw than engage. Identifying the political choices made by Jesus and the apostles as embodying this more realistic and more faithful attitude of Gospel realism, Yoder points specifically to Jesus’ words in his final meal with his disciples as a model. While the story appears in all of the synoptic gospels, Yoder uses Luke’s version, where Jesus says: “The rulers of the nations lord it over them; and those who exercise authority let themselves be called benefactors. But it shall not be so among you; you shall be servants because I am a servant.”[25] In this statement, Yoder identifies three separate levels of discourse Jesus which deliberately distinguishes from one another: the facticity of dominion; the moral rhetoric used by those in power to legitimate their power; and the alternative ethic of Jesus and his followers.

Jesus’ approach to the first level—the historical fact of political dominion—is purely descriptive. He does not suggest that this phenomenon of “lording it” or exercising dominion is one which will go away, nor does he present any immediate alternative to it. As Yoder points out, “He is not an anarchist either in tactics or in theory. He admits the fact of dominion among the nations.”[26] However, Jesus neither ratifies nor valorizes this fact, nor does he “affirm that it is a work of Providence or a divine institution. He does not affirm the divine right of rulers, as a majority of Christians since Constantine have done, including the transfer of such moral ratification to democratic regimes since 1776…There is in his words no ethical evaluation of ‘dominion’ as a good or bad system for the nations. He is, one might say anachronistically, a positivist. He just says that it is that way.”[27] Likewise, when Jesus distinguishes the second level—the moral rhetoric used by the political powers in order to legitimate their power—from the first, he again merely describes and does not pass moral judgment. “Jesus does not say that the rulers of the nations are benefactors. He reports that they make that moral claim.”[28] However, when he distinguishes the third level from the first two, Jesus moves from merely describing facts about the world to prescribing moral guidelines for his followers. His basic claim is that those who follow him are not to play according to the rules of the ‘Gentiles’ who seek to dominate one another; instead, they are to be servants.

As Yoder points out, this speech occurs in the immediate context of the passion narrative, just as Jesus is demonstrating to his disciples why they should see through and reject the Zealot option which they had assumed Jesus would take up. Thus, Jesus’ remarks here have particular relevance to the question of how the church ought to respond to the politics of the nation-state. The pericope begins with their dispute about who will have the most authority in the coming kingdom, and it ends with Jesus setting aside this paradigm and replacing it with what Yoder deems the “cross-and-servanthood alternative.”[29]

Yoder makes several points about Jesus’ tripartite distinction. The first is that we must keep these rhetorical levels separate in our own thinking. One of the most insidious aspects of the nation-state’s totalizing project is the hegemony it seeks to exercise over our imaginations. The church, as a prophetic community offering an alternative political vision, ought to resist this hegemony and reject the deceitful rhetoric that the rulers use to describe themselves. Next, Yoder points out that the primary reason we have confused these levels is due to the Constantinian mindset of the contemporary American church. The pre-Constantinian Christians, Yoder points out, had been pacifists, rejecting the violence of army and empire not only because they had no share of this power, but because they considered it morally wrong; post-Constantinian Christians, on the other hand, have considered imperial violence to be not only morally tolerable but a positive good and even a Christian duty. Before this shift, the Christian was a minority figure, who had no reason to think she had any power to control the state. Since Constantine, however, and in what has become known as ‘Christendom’, Christianity became identified with the majority culture, and Christians lost sight of the particularity inherent in being in the minority position, which is the position from which the biblical authors write. Thus, Yoder concludes that the church is not to view itself as part of the regnant social order that seeks to use violence and the threat of violence to order the world as it sees fit.

Finally, Yoder argues, once we accept the fact that these levels are, and indeed ought to be, separate, and once we have rejected the Constantinian mindset, we can use the ethical claims of the ruling class in order to effect change in the social order.

Having accepted our minority place within society we shall be freer than before to make fruitful use of the self-justification language of the rulers, whoever they be, as the instrument of our critical and constructive communication with them. If the ruler claims to be my benefactor, and he always does, then that claim provides me with the language I can use to call him to be more humane in his ways of governing me and my neighbors. The language of his moral claims is not the language of my discipleship, nor are the standards of his decency usually to be identified with those of my servanthood. Yet I am quite free to use his language to reach him.[30]

On the whole, Yoder admits, the American church has allowed its thinking to be more influenced by the norms of “the nations” than by the distinctive norms given to us by scripture and tradition. Just as those who wield political authority confuse the first two parts of this distinction, we as Christians have further blurred the line that separates them from the third part, namely how we, as followers of Jesus, are to view our own relationship to political power and the state.

Yoder also proposes that we draw three “semantic frames” from Jesus’ tripartite division. Each of these represents a particular mode of discourse that the church should be free to use, depending on the situation in which it finds itself. As Yoder explains, “The ethic of the Kingdom and the ethic for speaking to the kings of nations will use parallel sets of terms, will answer parallel questions, but in each circumstance they will have a different meaning.” For instance, there will be one kind of beneficence language used by the leaders of the Christian community to explain their pattern of leadership and the decisions they make, but this language will not promise to the community the kind of gratification of pride and greed which is often a part of the promises made by the pagan “benefactor” to his electorate. Leaders within the church “will promise not bread and circuses but a mixture of the blessings of voluntary community and the cost of the cross.”[31] Yoder introduces three categories, each of which corresponds to one of Jesus’ categories in Luke 22: 1) the nations speaking on their own terms, 2) the faith community speaking to the nations, and 3) the faith community speaking internally. Applying several examples to this schema, Yoder explores how this threefold distinction might play out in the practical life of the church.

Yoder’s examples deal specifically with the “generalizability criterion” of post-Constantinian ethics, exemplified by someone like Immanuel Kant or John Rawls. According to this criterion, an ethical claim is judged by whether it can be applied universally to all rational agents. Such an account of ethics is instrumental in liberalism’s project, since the value-neutral community that liberalism seeks to create can only have an ethics that could be demanded of anyone, and which do not depend upon any particular commitments, nor could be arrived at using religion alone. The ethics of Jesus, on the other hand, not only depend upon special revelation, but are so stringent as to preclude their being applied universally, as the one value system. Common to all rational agents.

This kind of generalizability, Yoder insists, “must be denied when it operates to determine the way in which the sons and daughters of the Kingdom participate in the world of the nations. They can act responsibly and honestly only if they recognize that there is not one common value system. Their witness to the bearers of power will always be modulated by awareness of that distance.”[32] While Yoder agrees with liberalism that Christian ethics should not be required of everyone, he disagrees with the claim that there is some one universal value system out there that is accessible to all rational agents, and therefore justifiably expected of all. Normative human behavior, on the contrary, is something that is possible only by the grace of God, for it depends upon following the distinctive and rather unusual example of Jesus Christ.

Within the community of Christians, however, we can and ought to call for an even greater homogeneity of values, one that is defined by the example of Jesus Christ. This is because, rather than belonging to a value-free community, as liberalism would have it, we belong to the church, which is a community defined by its distinctive beliefs and commitments. Thus Yoder dismantles the notion of a ‘public theology’ that would seek to place crypto-Christian demands upon society at large by using ‘value-neutral’ language. Yet at the same time, he maintains that the church should hold its own members to a strict standard of obedience to Christ. Because the church is a voluntary community, defined by its witness to Jesus Christ, it need not and should not be governed by the ‘generalizability’ criterion that liberalism would demand of all ‘public’ matters. But how does all of this relate to the use of rights language?

Let us refer back to Yoder’s three categories. In the first of these, namely the beneficence language used by the ruling class, the government officials claim to be the protectors and guarantors of human rights. The church ought to be fully aware and acknowledge that this is the claim made by the state. Moreover, a thoroughly realistic understanding of this discourse will demand that the church study this “foreign language” in order to understand how such claims function in the politics of statecraft, and how those who use such claims defend them. This is not necessarily to make a normative judgment about these claims, although the church may very well feel called to pass normative judgments. At the very least, though, this is simply a normative assessment: the rulers claim that their subjects have these particular rights, and that such rights are grounded in the social contract and protected by the state.

Our primary calling, then, is to provide a prophetic witness by sharing the church’s particular view on things. To do this, I contend that the church must actively participate in public discourse in order to shape public opinion. This is not to say that we identify the politics of the nation-state as our own politics. On the contrary, Jesus has told us to be “wise as serpents and innocent as doves,” which means finding shrewd ways of sharing our good news without resorting to violence and coercion. One way of doing this is, as Yoder has pointed out, to appeal to the state’s own claims of beneficence. If a lawmaker claims to have concern for the poor, then we ought to show her—and her constituents—how she can really use her power to help the poor. This involves being informed, writing letters to newspapers, writing letters to elected officials, and even voting when it won’t compromise our witness. In other words, it involves being “good citizens.” Yet we do this not for the sake of being good citizens, but for the sake of the gospel.

In the second category, that of the faith community speaking to the nations, the church should demand of state officials that they live up to their claims to protect these rights. For instance, when the Governor of Oklahoma justifies his own prerogative to rule by invoking typical liberal rhetoric of having been given a mandate to ensure a just society and respect the rights of all, then the church should by all means hold him to his claims. Even though they may reject the theoretical grounding for these rights to which he refers, it is wholly acceptable for Christians to appeal to rights language to influence the governor into acting for the greater good. For instance, the church might oppose the lethal injection of a condemned prisoner by appealing to the constitutional right to be protected against cruel and unusual punishment. In this way, the church can use the world’s language to achieve its own ends, without capitulating to the world’s interests. While the church may not be committed to the constitution itself, it should not be so pretentious as to miss the opportunity to save someone’s life merely because it chooses not to stoop to the level of using constitutional rhetoric.

Moreover, the church should also appeal to the general population, which lives under the illusion that it is ruled by popular vote, to demand that their rulers respect the rights of every person. For instance, if this same governor signs a budget that has a deleterious effect on the poor by protecting the interests of the affluent at their expense, the church should speak loudly within the public square, appealing to the citizenry to oppose this bill. We may reject the state’s myth that it is controlled by the interests of “the people” rather than by a select few of the powerful and wealthy, but that doesn’t prevent us from appealing to such rhetoric. We need not even use theological language to do so, and we may even use some language that we would reject within our own community. This is not to accept the liberal concept of rights, nor is it to cede the debate to the liberal position. Such appeals might also be accompanied by prophetic witness that exposes the ways that the nation-state’s politics are controlled by special interests whose goals are not to foster the common good, but to enrich their own purses. One way of providing prophetic witness is to engage in this sort of demythologizing. We ought to point out that although many will use rhetoric of rule “by the people and for the people,” the United States is still governed by an elite, most of whose decisions are not submitted to the people for approval. Similarly, it is crucial that we ourselves avoid contributing to these dominant myths. We must remember that when we participate in the political arena, is not “we, the people” governing ourselves. Rather, we are appealing to the language of the political authorities in order to make the oppressive structures less oppressive.

Indeed, within the faith community itself we realize that rights language is bankrupt, and so the third mode of discourse, that of the faith community speaking internally, should reject such language, or at least its philosophical underpinnings. When it becomes necessary for the church to use such language, it should maintain an ironic distance from the rhetoric of the nation-state. Yet this ironic stance should be governed by a genuine engagement with the culture. For instance, we may identify many of the same behaviors as wrong, but for different reasons than rights theorists will. While a liberal democrat might denounce the death penalty because it goes against the human rights guaranteed by the U.S. Constitution, a Christian will oppose the death penalty precisely because Jesus tells us not to kill, and because we believe that every human being is made in the image of God. Such language is not appropriate for the politics of the nation-state—not due to the ideological reason that religious convictions have no place there, but rather for the pragmatic reason that such logic will simply not achieve much.[33] The claim that Jesus commands us not to kill will only persuade those who already accept Jesus as Lord.

The position I have outlined calls for Christians to be proactive in public discourse, and even to participate in the political arena in some limited ways that do not involve bearing ‘the sword.’ These might include membership on city councils, school boards, and other civic institutions. It may also include a great deal of explicit engagement with the system, including public lobbying and forming NGO’s. One potential objection to this position is that participation in such functions that are one step removed from actually doing things that the church opposes is just as wrong as direct participation in the most egregious functions of the state, such as participating in the military or enforcing capital punishment. Because the seemingly harmless functions are actually intricately related to the explicitly harmful ones, we ought not support them either. Yet on the account I have just offered, such participation can potentially achieve a great deal of good, and to refuse on principle seems overly idealistic in a way that ignores the sort of biblical realism of Luke 22.

Since the church is already grounded as its own distinctive Christian community, it need not expend much effort in arguing against the claims that the nation-state makes against its members, nor need Christians reject such claims by appealing to our rights as sovereign individuals. On the contrary, we Christians form a community that recognizes that we belong to Jesus Christ, and have been called to give ourselves in self-sacrificial love and to exist for the world as witnesses to Christ’s redeeming work. been bought with a price, and we relinquish all claims of sovereignty in favor of a servanthood ethos. It is already clear to us to whom we belong. Because of our solid grounding in our own political community, we can use the claims made by those from the outside to make claims on them in return. We can use their mistaken notion that our primary allegiance is to their system in order to make society a more humane place. Yet in engaging them with their own language, we need not, and absolutely must not, forget that we belong not to the American state but to the body of Christ.

Endnotes
[1] Matt. 5:38-39, 41.
[2] Matt. 5:40, 42.
[3] Matt. 6:20-22, 25-33.
[4] 1 Cor. 6:19-20.
[5] Acts 5:29.
[6] Daniel M. Bell., Liberation Theology at the End of History: The Refusal to Cease Suffering (New York: Routledge, 2001), 24.
[7] As in John Rawls’ (in)famous expression. See his very accessible Justice as Fairness: (Cambridge: Harvard University Press, 2001).
[8] William T. Cavanaugh, Torture and Eucharist: Theology, Politics, and the Body of Christ (New York: Blackwell, 1998), 192.
[9] Cavanaugh, 193.
[10] Both Bell and Cavanaugh have pointed to Foucault’s analysis of Jeremy Bentham’s panopticon as accurately summing up the project of modern liberal statecraft (Bell, 73-74; Cavanaugh, 192, ff).
[11] Although it does sometimes take this form, as when the religious right identifies its politics with that of the Republican Party, or when the German National Church of the 1930s aligned itself with the Nazi Party.
[12] Daniel M. Bell, “State and Civil Society” in the Blackwell Companion to Political Theology, Peter Scott and William Cavanaugh, eds. (Oxford: Blackwell, 2003), 423-27.
[13] Bell, 424.
[14] Bell, 424.
[15] Bell, 423.
[16] Bell, 425.
[17] Bell, 426.
[18] Bell, 429-31.
[19] Cavanaugh, Torture and Eucharist, 196.
[20] Karl Barth, Church Dogmatics IV/3, Geoffrey Bromiley, trans. (Edinburgh: T. & T. Clark, 1968), 764.
[21] Joe R. Jones, A Grammar of Christian Faith: Systematic Explorations in Christian Life and Doctrine. 2 vols. (Lanham. Md.: Rowman & Littlefield, 2002), 50.
[22] Jones, 51.
[23] Jones, 52.
[24] John Howard Yoder, The Priestly Kingdom (Notre Dame, IN: University of Notre Dame Press, 1984).
[25] Yoder’s own translation of Luke 22:25-27.
[26] Yoder, 156.
[27] Yoder, 156.
[28] Yoder, 156.
[29] Yoder, 157.
[30] Yoder, 158.
[31] Yoder, 159.
[32] Yoder, 158.
[33] This is one area in which I differ from an advocate of ‘public theology,’ for since I reject the very possibility of a neutral public square, I have no principled objections to using specifically Christian language in the nation-state’s politics. However, from a pragmatic standpoint, I realize that when such specifically Christian language appears in political rhetoric, it is often misused to achieve ends far from the liberating message of Jesus Christ, and so such language is probably not the best method of achieving the church’s ends.

 
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