Sin and late political thought. by Gerardo Muñoz

It is noteworthy to remember that around the same moment in mid-twentieth century, two dissertations on the notion of sin were written by two emblematic representatives of late liberal political thought: John Rawls’ undergraduate thesis A Brief Inquiry Into The Meaning of Sin and Faith written at Princeton University in 1942; and only a few months later Torcuato Fernández-Miranda’s El pecado como concepto fundamental del problema filosófico, a través del pensamiento agustiniano (1943), a doctoral dissertation written at the Law School of the Universidad de Madrid. Both scholars would soon become exemplary figures of Atlantic liberalism in their own ways; the first developing the most consequential and systematic work of normative political thought since Kant; and, his Spanish counterpart, becoming the leading constitutional reformist in the Spanish transition to democracy and architect of the “Ley para la Reforma Política” of 1976 enacted that year in parliament. 

Leaving aside major conceptual difference between the two programmatic works, what is symptomatic of them is precisely that a fundamental theological concept is transplanted and weaved for the needs of a political vocabulary that aims at the reinvention of a tradition that could not longer sustained its own secular commitments to individual autonomy and the rational control of state authority. And if we are to follow Eric Nelson’s reading, the intrusion of the doctrine of sin in late modern political thought was the last nail in the coffin of a secularized Pelagianism that dominated the basis of the different normative projects of modern political theory. 

In the new administered world the ground of mediation and legitimacy is wobbly and precarious, thus the notion of sin will infuse an exoteric desecularizing anthropology that ironically attempts to “save” politics through its impolitical other that deploys an instrumental conception of original in order to redeem human collective action through divine grace and mercy (clearly a benevolent inversion of Calvinist damnation). This is why in Rawls’ dissertation levels a critique of individual egotism and moral arbitrariness through the operative efficacy of sin. Rawls traced this morphology from Philip Leon who had already articulated it in his Ethics of Power (1935): “What is the nature of this delight in sin itself? It is, Augustine suggests , a delight in at least a factional opposition to the right, in doing unpunished what one ought not to do, in an imitation of godliness, in a shadowy symbol of omnipotence in the search for a shadow – in sort, in the romantic adventurous for the absoluteness” [1]. What political thought in its reduction of civil society – now distinct from the source of authority and concerted legislation – will craft is the regulatory and counterbalancing mechanisms of social ordering without exception. Precisely, one could say that in the wake of the introduction of sin into late political philosophy the new heresy becomes the shadow or the conspiracy against the social domain that will amount to absolute infraction, a plain crime. 

If the primal scene of sin originally emerged in the context of a fratricide – and thus, in relation to the dead and to the burial and wandering, which will lead to the justification of territorial settlement – it is altogether symptomatic that this snapshot of the slowpaced instance of desecularization appears as a force that only makes living possible within the social bond, fusing Kingdom and justice, compensation and salvation, punishment and rewards, retribution and distribution in an endless cycle that, because it has lost any mediation to redemption, it can only outlive itself by the coordinating services of social force (and there is no surprise that post-rawlsian thinkers precisely developed a theory of exclusive positive law from the conception of service).

One of the consequences is this mutation is that it allows us to think how the end of secularization is not just the usurpation of the theological sphere, but also the realization of the subsumption of human deficiency and stratification as social leveling (a central operative notion that will later enter Rawls’ A Theory of Justice with decisive consequences) will offer legitimation through the total administration of social life even when done in heuristic ideal of a “classless society” dependent on the enforce of a “priestly service” (hierourgounta) that deifies itself as an indivisible administrative of the social temple. Sin guarantees a vicarious subjectivity that is the starting point for implementing the social distribution of needs and services.

At this point, one can recall Erik Peterson’s humorous exposition of this closure that speaks to the ‘social progressive politics’ that still dominates well into our days: “There is perhaps no better symptom of this than the construction of roads between China and Tibet with the purpose to destroy the places in which there are still ascetic practices outside society…our capacity for leveling, as least theologically understood, will ultimately generate the collapse of Heaven and Hell” [2]. For Peterson, the inaccessibility of exteriority [of the desert of the Fathers, and the ‘desert of deserts’ that opens a place] leaves us with the unbreathable and darkening atmosphere of the Social. 

Notes 

1. Philip Leon. The Ethics of Power or the Problem of Evil (George Allen&Unwin, 1935), 240-241.

2. Erik Peterson. “Fragmentos”, in Tratados Teológicos (Ediciones Cristiandad, 1966), 251.

The face of pain. by Gerardo Muñoz

One is always struck by the pictorial intensity of Massacio’s “Expulsion from the Garden of Eden” fresco (1425) at Santa Maria del Carmine Chapel. It has something to do with the unbounded expressivity swirled by an acoustic of lamentation that springs from both faces at once. The nakedness in movement only comes second. If it is right to call it ‘modern’ is precisely because of its polarity  between movement and paralysis, light and shadow, the formation of the lines delineating the bodies and the free-style strokes that carry Massacio’s picture to a strict and unsurpassed balance. It is a picture of the gathering of  lamentation and pain, which confirms Ernesto de Martino’s intuition that in the ritual of mourning weeping and crying is also accompanied by an act of self-defacement, such as covering the face or bring the face as close as possible to the lower body position. Adam’s pain is reinforced by the hand that covers and pulls the face downwards, almost making it disappear. In a way, his walkout of Paradise is already the stroll of a nobody. 

There is perhaps an intimate relationship between defacement and pain. In his short gloss on this work, Robert Longhi notes that the source of strength of Massacio’s work is given by the intensity of light that bathes the bodies of Adam and Eve in its purest naked form [1]. This total exposition is the cause of sin that, as a great historian of religion has brought to our attention, presupposes the entire carnalization of both body and soul after being thrown into the soteriological world of the living [2]. From now on, human life vested in pain means paying the price of the destruction of the soul for the protected  and preventive set up in the world. 

The sinful life – a life that will have to be chosen but punished justly – entails the consummation of pain as the central tonality of post-felix culpa existence. In other words, it is not that life is shameful because it has been dispossessed (or because it recognizes itself possessed); it is dispossessed because it can no longer look at the world outside the blinding light of programmed obsolescence towards death without transcendence. And the liquidation of transcendence means that human beings become faceless entities in a world that will forever become unfathomable. 

In our days – a present marked by absolute secularization of ancient religious somatic religiosity and magical traces – the phenomenon of defacement and the faceless far from disappearing is all over the world around us. The ritualistic mask which provided transcendence to the living presence of the divine gods has now become a symbol of social shame self-imposed by arbitrary and ever-increasing moral mandates. In a sense, we have not yet left the path initiated in Massacio’s Adam and Eve fresco, and who knows if we’ll ever exit it in the ongoing destruction of the human species. We do know, however, that any meaningful change of the current state of things can only take place starting at the divine surface of the face, as Carlo Levi so eloquently understood it in the postwar years: 

“Only a genuine revolution succeeds in changing the way people look, their facial expressions, the light in their eyes, the charm of their smiles. Christianity appeared with new faces, or taught a new way of looking at them. If we go through the streets and compare the faces we see with our memory of them, we won’t recognize persons any more. It is something that anticipates reality, as if prophetically, the universal change that for almost two centuries now has been shaping new faces throughout the whole world”. [3]





Notes 
1. Roberto Longhi. Breve pero auténtica historia de la pintura italiana (Machado Libros, 2023), 114.
2. Paula Fredriksen. Sin: The Early History of an Idea (Princeton University Press, 2012), 116.
3. Carlo Levi. La doppia notte dei tigli (Einaudi, 1959), 109.

Karl Barth’s suum cuique. by Gerardo Muñoz

In his chapter on the radical theology of abundance and ethics of Karl Barth, Mårten Björk discloses a central concept to the reformist theologian: the suum cuique, a term that prima facie could be rendered in natural law definition of legal justice, inherited from Roman lawyer Ulpian, as “may all get their due”. In the thomist tradition the legal notion of epikeia promptly became equity as the moral supervision of law’s principle (ius) understood as the application of the fair and the objective good. The justification of the balancing of aequum became a regulatory mediation on the grounds of a fictive principle of nature as moral reasoning, which has been well documented by Stephen Humphreys [1]. What makes Barth’s drawing on the notion of suum cuique in his interwar pamphlet Church and State (originally entitled Justification and Law, 1938), on the contrary, is precisely that it is not reducible to equity, but rather as Björk explains it: “the limit to our life, a limit brought forth by death itself, is in the end the vast chams that posits the creature as create of God…and this has ethical and political consequences” [2]. This is telling, and my aim here is to supplement the discussion in “Abundance and Scarcity” by showing its radical asymmetry with the reasonableness of the natural law. Barth’s anti-activist Church (although not neutral in the wake of the total state of the 30s) and apathy towards morality, stands as a sui generis bearing.

First, in the moral natural law tradition of equity (epikeia) “giving each one their due” becomes a strict legal-authoritative command principle on the reasonableness of nature centered on the ontology of the person. It is quite the opposite for Barth who does not favor a constant moral adjudication, since the separation between Church and State presupposes a previous divine justification that belongs exclusively to the Church, but not to the state. In fact, law practiced on the condition of natural principles will undermine the authority of the liberal positivist state, which Barth defends vehemently, making the case for its coherence with the teachings of the New Testament: “The democratic conception of the state is justifiable expansion of the of the New Testament…Christians must not only endure the earthly state but they must will it as a just state, not as a “Pilate” state” [3]. It is not surprising, then, that Barth wrote this tract openly defending the authority of the modern positivist state, contrasting it to the anti-statist unjust pretarian judgement of the trial of Jesus. This makes sense given that the pretorian ius honorarium could be understood, at least in part, as belonging to the tradition of the moral balancing of equity between morality and norms (just as the two irreducible kingdoms) [4]. Barth’s defense of the positivist state is even contrasted to natural law, which for Barth is incommensurable with the word of God: “We cannot measure what law is [in the State] by any idea of natural law…” [5].

Accepting the primacy of the equity of a substantive bonum will not only serve to override the authority of the state, but also, and more importantly, to flatten out theology’s monopoly over divine justification. At this point Barth is quite explicitly in saying that this is what took place – and I think he is correct, specially if we take into account that the degenerate legality in Nazi Germany and Stalinist Russia was not an abuse of positivism, but a consequence of the open-ended common and natural law principles to the point of distortion – in the wake of fascism and Bolshevism in the interwar years of Europe. Barth writes with this in mind against artificial heavens on earth, as part of a hyperbolic “politicizing from above”:

“Fascism and Bolshevism alike will be dethroned and the true order of human affairs will arise. Not as heaven (not even a miniature heaven) on earth! No, this “true order” will be able to arise only upon this earth and within the present age, but this will take the place really and truly, already upon this earth, and this present age, in this world of sin and sinners…this is what the Church has to offer to the state…” [6]. 

The political domination of the total state amounted to a conflation between the lapsarian condition of man and the theology of eternal life. The passage or mediation between the two dimensions, which he also described as a “tailor made garment” was the suum cuique, understood as a limit to life and death beyond morality and biological reductions. Barth insisted on the principle of separation in face of every temptation of technico-rational closures. Thus, by externalizing divine justification to the sphere of theological eternity, Barth’s conception of “giving one’s due” was radically disambiguated from the Nazi motto “Jedem das Seine” (to each his own) in the concentration camp of Buchenwald in 1937, made possible by the opened force of common law adjudication against the state positivist authority (understood by Nazi legal scholars as “too Jewish”). This was the barbaric dereliction of duty of the state becoming what Barth called a “clerical state” [7]. Barth’s ethical limit on finite and eternal life, so well reconstructed in Björk’s brilliant monograph, can only be a witness to a ‘world passeth away’ to which no priestly jurists have the last word unless catastrophic consequences are expected. The ethical response to the lapsarian condition was a radical drift from the dangers of natural absolute rationalism that was directly implicated in the arousal of immanent powers and the reduction of the population as mere administration of doctrine of last things through consciousness and not grace. The suum cuique introduced a radical exteriority in which all men became “strangers” (to the Church, national identity, the community, to the social) whose proper involvement pertained to the eternal mystery of life and death.

.

.

Notes 

1. Stephen Humphreys. “Equity before ‘Equity’”, Modern Law Review, 2022, 1-37.

2. Mårten Björk. The politics of immortality in Rosenzweig, Barth, and Goldberg: Theology and Resistance Between 1914-1945 (Bloomsbury, 2022), 115.

3. Karl Barth. “Church and State”, in Community, State, and Church (Anchor Books, 1960), 146.

4. Gerardo Muñoz. “El pretor romano y el ius honorarium”, Infrapolitical Reflections, 2022: https://infrapoliticalreflections.org/2022/04/24/el-pretor-romano-y-el-ius-honorarium-por-gerardo-munoz/ 

5. Ibid., 147.

6. Ibid., 148.

7. Ibid., 132.

A gloss on the “element” of love. by Gerardo Muñoz

It might be the case that the self-evident nature of love as an affection proves itself lacking mediation in thought, insofar as it is a resource of mediation between thought and the world. In this sense, it is true that what one “loves” resists to be grasped as an object of representation or exposition; it is a question of limits, and those limits posit the question of the world. Now, love gives form, but it is not in itself a form or a mandate or an object. This means that love is outside of reality; indeed, it is the absolute indifference between object and world.

The question perhaps is one regarding proximity and distance. The problem of “nearness”, which is why in the text one reads the orphic inscription: “When we are in nearness to which we love we then go through the other side of the mirror.” Of course, what is interesting it not the “other side”, but rather to have become transformed by something without ever being entirely dissolved. Amor fati? Perhaps. In the transient path of the night one is opened to the condition of the “moon hunter”, in which one path reveals itself as the question of destiny (“one life”). The trick is that no path is ever ‘obligatory’, but rather validated by an access to an experience. Now, it is obvious that love cannot exhaust an experience, but there is no experience that is not affected by love, since it is this affection what inscribes the limit of a world without the fantasy of possession and abuse. 

Another moment: “In abusing something we no longer love; and even in the pleasure that were invested in we do not love”. Here the exotic (extemporaneous) nature of love becomes visible: no love is exhausted in materiality and form. Love is ex-scription: it demands exodus as homecoming. However, no fundamental fantasy of love can validate what is granted to us by the irreducibility of an experience. Perhaps this is after all what Gianni Carchia, reading Schelling called the “transfiguration with the divine”. Or, as I would like to call it, the intromission with the invisible [1]. In the invisible we carve out the limits of our deconstitution with our world in which our existence is possible through separation. 

There might a rebuttal, although it might not be one after all. It is a recent suggestion by a friend who claimed in a psychoanalytic speculation that: “Perhaps after all ‘love’ is a Christian invention, a compensatory and necessary one for the fact that we do not communicate”. There might be a few ways to respond to this claim; the first one being that the task of the transfiguration of love responds, precisely, to the subordinated status of love as mere compensation to the subject of sin and thus of the pleasure principle. The existence that can traverse the pleasure principle of the subject could be said to have gained reentry into a happy life capable of outsourcing the succession of infinite deaths while in life. 

Contrary to life or death, love might be another name for the orphic passage between the two states of potentiality; that is, of pure affection and the opening of the impotential in every life. To experience the death of what is possible as transient to the time of existence opens the path towards a “life to come…in underground streams” (Auden). If love is to be taken as compensatory to the impossibility of communication, then there is a love of thinking, but not necessarily a thinking of love. It is strange that philosophy – just as “liberty” for political thought – fails when measuring itself up to a thinking of love, a vertigo before the immemorial attunement to the state of mousikos. Such is the taking place among the things that we have surprised in the world, but only accessible to those who “seek” outside reality. 

.

Notes 

1. Gianni Carchia. “Indifferenza, eros, amore: la critica dell’essere spirituale nella “filosofia della libertà” di Schelling”, in L’amore del pensiero (Quodlibet, 2000), 101-121.