Mirror of Justice

A blog dedicated to the development of Catholic legal theory.

Tuesday, September 26, 2017

Stephens (and Murray?) on the Art of Disagreement

I appreciated Bret Stephens's recent speech, "The Dying Art of Disagreement," which is available through the New York Times website.  I was reminded of this, from John Courtney Murray:

. . . I suggest that the immediate question is whether American society is properly civil. This question is intelligible and answerable, because the basic standard of civility is not in doubt: "Civilization is formed by men locked together in argument. From this dialogue the community becomes a political community." This statement, made by Thomas Gilby, O.P., inBetween Community and Society, (New York: Longmans, Green & Co., 1953.) exactly expresses the mind of St. Thomas Aquinas, who was himself giving refined expression to the tradition of classic antiquity, which in its prior turn had given first elaboration to the concept of the "civil multitude," the multitude that is not a mass or a herd or a huddle, because it is characterized by civility.

The specifying note of political association is its rational deliberative quality, its dependence for its permanent cohesiveness on argument among men. In this it differs from all other forms of association found on earth. . . .

It is otherwise with the political community. I am not, of course, maintaining that civil society is a purely rational form of association. We no longer believe, with Locke or Hobbes, that man escapes from a mythical "state of nature" by an act of will, by a social contract. Civil society is a need of human nature before it becomes the object of human choice. Moreover, every particular society is a creature of the soil; it springs from the physical soil of earth and from the more formative soil of history. Its existence is sustained by loyalties that are not logical; its ideals are expressed in legends that go beyond the facts and are for that reason vehicles of truth; its cohesiveness depends in no small part on the materialisms of property and interest. Though all this is true, nevertheless the distinctive bond of the civil multitude is reason, or more exactly, that exercise of reason which is argument.


Garnett, Rick | Permalink