Reclaiming Moral Knowledge in Law and Society

 

Summary

In today's reflection, I delved into the complex interplay between law, morality, and ethics, drawing from my personal experiences and the broader societal context. I began by recounting a moment from my past when I served as a jury foreman in a murder trial. This experience highlighted the tension between the law of the land and a higher moral law, a theme that resonates with the historical debate between legal scholars like Brandeis and Holmes. This debate underscores the ongoing struggle to reconcile legal positivism, which separates law from morality, with the belief that laws should inherently reflect moral values.

I explored how this tension manifests in fields like bioethics and business ethics. In bioethics, the so-called "Georgetown mantra" of principles—autonomy, beneficence, non-maleficence, and justice—often prioritizes autonomy above all, sometimes at the expense of other moral considerations. This reflects a broader societal trend where autonomy is given precedence unless tangible harm is evident. Similarly, in business ethics, the conflation of ethics with compliance has reduced ethical considerations to mere procedural adherence, devoid of deeper moral content.

The disappearance of moral knowledge from public discourse is a pressing concern. This absence has led to a generation that is intensely moralistic yet lacks a foundational understanding of moral knowledge. The challenge lies in the fact that morality is often excluded from public discussions, requiring translation into secular terms that strip it of its richness and depth. This exclusion has resulted in a new form of absolutism, where moral debates are reduced to power struggles and questioning of motives, rather than rational discourse.

The path forward, I believe, involves empowering religious communities to be true to their identities, much like the early church, which influenced culture through small, impactful communities. This approach requires a trust in God for cultural impact and a commitment to being unabashedly Christian in all settings. However, as James Davidson Hunter suggests, without a significant cultural revival, the prospects for a renewal of moral knowledge and character remain dim. Our task, therefore, is urgent: to recover moral knowledge and character in a way that acknowledges the constraints and obligations inherent in a moral order.

Key Takeaways:

1. The Tension Between Law and Morality: The historical debate between Brandeis and Holmes highlights the ongoing struggle to reconcile legal positivism with the belief that laws should inherently reflect moral values. This tension is evident in various fields, where the separation of law and morality often leads to ethical dilemmas. [01:53]

2. The Primacy of Autonomy in Bioethics: In bioethics, the principle of autonomy frequently overrides other moral considerations, reflecting a societal trend where individual freedom is prioritized unless tangible harm is evident. This raises questions about the balance between autonomy and other ethical principles. [06:45]

3. Ethics Reduced to Compliance in Business: In business ethics, the conflation of ethics with compliance has reduced ethical considerations to procedural adherence, devoid of deeper moral content. This shift highlights the need for a more robust understanding of ethics beyond mere legal compliance. [15:33]

4. The Exclusion of Moral Knowledge from Public Discourse: The exclusion of moral knowledge from public discussions has led to a generation that is intensely moralistic yet lacks a foundational understanding of moral knowledge. This exclusion results in moral debates being reduced to power struggles rather than rational discourse. [18:13]

5. The Urgent Task of Recovering Moral Knowledge: Without a significant cultural revival, the prospects for a renewal of moral knowledge and character remain dim. Religious communities must be empowered to be true to their identities, influencing culture through small, impactful communities, much like the early church. [21:33]

Youtube Chapters:

- [00:00] - Welcome
- [00:12] - Introduction and Personal Experience
- [01:41] - Higher Law vs. Law of the Land
- [02:30] - Legal Positivism and Morality
- [03:57] - Fuller’s Perspective on Law and Morality
- [05:13] - Bioethics and Moral Knowledge
- [06:45] - Autonomy in Bioethics
- [08:16] - Public Policy and Bioethics
- [10:17] - Neutrality in Law and Bioethics
- [13:07] - Business Ethics and Compliance
- [16:03] - Procedural Ethics in Business
- [17:16] - Moral Knowledge in Public Discourse
- [19:56] - The New Absolutism
- [21:33] - Empowering Religious Communities
- [23:36] - The Challenge of Renewing Moral Knowledge

Study Guide

Bible Study Discussion Guide

Bible Reading:
1. Micah 6:8 - "He has shown you, O mortal, what is good. And what does the Lord require of you? To act justly and to love mercy and to walk humbly with your God."
2. Romans 12:2 - "Do not conform to the pattern of this world, but be transformed by the renewing of your mind. Then you will be able to test and approve what God’s will is—his good, pleasing and perfect will."
3. Matthew 5:13-16 - "You are the salt of the earth... You are the light of the world... let your light shine before others, that they may see your good deeds and glorify your Father in heaven."

---

Observation Questions:
1. What personal experience did the speaker share to illustrate the tension between law and morality? [00:33]
2. How does the speaker describe the role of autonomy in bioethics, and what impact does it have on other ethical principles? [06:45]
3. In what way has business ethics been reduced to compliance, according to the speaker? [15:33]
4. What does the speaker identify as a significant consequence of excluding moral knowledge from public discourse? [18:13]

---

Interpretation Questions:
1. How does the speaker's experience as a jury foreman relate to the broader debate between legal positivism and moral law? [01:53]
2. What are the implications of prioritizing autonomy over other ethical principles in bioethics, and how might this reflect broader societal trends? [06:45]
3. In what ways does the conflation of ethics with compliance in business ethics affect the moral content of business practices? [15:33]
4. How does the exclusion of moral knowledge from public discourse contribute to the rise of a new form of absolutism, according to the speaker? [18:13]

---

Application Questions:
1. Reflect on a time when you faced a conflict between following the law and adhering to your moral beliefs. How did you navigate this tension, and what did you learn from the experience? [01:53]
2. In your personal or professional life, how do you balance the principle of autonomy with other ethical considerations? Can you think of a situation where autonomy should not be the overriding principle? [06:45]
3. Consider your workplace or community. How can you move beyond mere compliance to foster a culture of genuine ethical behavior? What steps can you take to encourage deeper moral reflection? [15:33]
4. How can you contribute to bringing moral knowledge back into public discourse in your community or social circles? What practical actions can you take to promote rational and respectful moral debates? [18:13]
5. The speaker suggests that religious communities should be true to their identities to influence culture. How can you, as part of a faith community, live out your beliefs in a way that positively impacts those around you? [21:33]
6. Reflect on the idea of being "unabashedly Christian" in all settings. What challenges do you face in doing this, and how can you overcome them? [23:01]
7. How can you actively participate in a cultural revival that seeks to renew moral knowledge and character? What role can your faith community play in this effort? [24:06]

Devotional

Day 1: The Interplay of Law and Morality
In the complex relationship between law and morality, there is an ongoing struggle to reconcile legal positivism, which separates law from morality, with the belief that laws should inherently reflect moral values. This tension is evident in various fields, where the separation of law and morality often leads to ethical dilemmas. The historical debate between legal scholars like Brandeis and Holmes highlights this struggle, emphasizing the need for a legal system that not only enforces rules but also upholds moral principles. Understanding this interplay is crucial for navigating ethical challenges in our personal and professional lives. [01:53]

"Do not think that I have come to abolish the Law or the Prophets; I have not come to abolish them but to fulfill them. For truly, I say to you, until heaven and earth pass away, not an iota, not a dot, will pass from the Law until all is accomplished." (Matthew 5:17-18, ESV)

Reflection: Consider a situation where you felt a conflict between following a rule and doing what you believed was morally right. How did you resolve it, and what did you learn from that experience?


Day 2: Balancing Autonomy and Ethical Principles
In bioethics, the principle of autonomy frequently overrides other moral considerations, reflecting a societal trend where individual freedom is prioritized unless tangible harm is evident. This raises questions about the balance between autonomy and other ethical principles such as beneficence, non-maleficence, and justice. The challenge lies in ensuring that the emphasis on personal freedom does not overshadow the importance of collective well-being and moral responsibility. By examining this balance, we can better understand how to make ethical decisions that honor both individual rights and communal values. [06:45]

"For you were called to freedom, brothers. Only do not use your freedom as an opportunity for the flesh, but through love serve one another." (Galatians 5:13, ESV)

Reflection: Think of a decision you need to make that involves your personal freedom. How can you ensure that this decision also considers the well-being of others and aligns with ethical principles?


Day 3: Beyond Compliance in Business Ethics
In business ethics, the conflation of ethics with compliance has reduced ethical considerations to procedural adherence, devoid of deeper moral content. This shift highlights the need for a more robust understanding of ethics beyond mere legal compliance. True ethical behavior in business involves not just following rules but also cultivating a culture of integrity and moral responsibility. By moving beyond compliance, businesses can foster environments where ethical values are lived out in everyday actions and decisions. [15:33]

"Whoever walks in integrity walks securely, but he who makes his ways crooked will be found out." (Proverbs 10:9, ESV)

Reflection: Reflect on your workplace or a business you interact with. How can you contribute to fostering a culture of integrity and ethical behavior beyond just following the rules?


Day 4: Restoring Moral Knowledge in Public Discourse
The exclusion of moral knowledge from public discussions has led to a generation that is intensely moralistic yet lacks a foundational understanding of moral knowledge. This exclusion results in moral debates being reduced to power struggles rather than rational discourse. To restore moral knowledge, it is essential to engage in conversations that are rooted in understanding and respect for diverse perspectives. By doing so, we can move beyond superficial moralism and cultivate a deeper, more informed approach to ethical issues. [18:13]

"Let your speech always be gracious, seasoned with salt, so that you may know how you ought to answer each person." (Colossians 4:6, ESV)

Reflection: Identify a recent moral debate or discussion you were part of. How can you approach future conversations with more grace and a deeper understanding of the underlying moral principles?


Day 5: Empowering Communities for Cultural Impact
Without a significant cultural revival, the prospects for a renewal of moral knowledge and character remain dim. Religious communities must be empowered to be true to their identities, influencing culture through small, impactful communities, much like the early church. This approach requires a trust in God for cultural impact and a commitment to being unabashedly Christian in all settings. By fostering communities that embody moral values, we can contribute to a broader cultural renewal that honors the constraints and obligations inherent in a moral order. [21:33]

"And let us consider how to stir up one another to love and good works, not neglecting to meet together, as is the habit of some, but encouraging one another, and all the more as you see the Day drawing near." (Hebrews 10:24-25, ESV)

Reflection: How can you actively participate in your community to promote moral values and cultural renewal? What specific actions can you take this week to encourage and support others in this endeavor?

Quotes



I said well you are yeah as a matter of fact I do believe that the law of God is higher than the law of the land I I went on to say I can't readily envision a way where those two would conflict in this case but the fact that he vinay asked the question I thought was indicative of the kind of conflict that you cited between Holmes and Brandeis. [00:01:50]

Fuller I think argued and in my view very persuasively that the distinction between law and morality may not be the most helpful way to frame this but instead he proposes a distinction between order and good order that the law provides all law produces order yet in his view there's a clear difference between the order produced by the law and a good order in which individual citizens recognize that the law that provides such an order is necessary right and just. [00:04:04]

In bioethics that the the body of moral knowledge although calling it a body of moral knowledge thinks probably a little that's a bit of a stretch but first but for some time has been the four-fold statement of principles articulated by Tom Beecham and James Childress known for a long time as the Georgetown mantra these four principles as you may be aware consist of autonomy beneficence non-maleficence and justice which looks on the surface to be a pretty solid lead anta logical system that gives direction to clinical ethics at the bedside. [00:05:20]

In fact in my view it's very rare that physicians at the bedside will make decisions counter to the autonomy of the patient or in the case of a child counter to the autonomy of the parents you know I spent about 15 years consulting in several healthcare systems in the area and we tried for years and years to get physicians to actually go against a family's wishes for inappropriate levels of aggressive treatment at the end of life on the basis that it's morally wrong to impose burdens on patients for the benefit of their family members. [00:06:52]

In public policy in bioethics too I would suggest a bit of a an alteration Steve to what you suggested about the utilitarian framework that is that seems to be one of the avenues for making public policy in the absence of or in the loss of moral knowledge I would I would refer to this as a truncated utilitarianism that's used in most public policy areas in bioethics but it's an extension of the primacy of autonomy that we see at the bedside. [00:08:16]

I think Steve is actually right I think the public discourse screens out normative convictions or requires that they be translated into alien vocabularies it seems to me the reason for this is one of moral epistemology and this I think Greg reflects back to your for a category number two of what's meant by the disappearance of moral knowledge that morality in general is not thought to be a domain of knowledge in the same way that other domains of knowledge are. [00:18:09]

I think - one I think one IQ member who made the point earlier in your paper but it is you know we are we are the public discourse on morality today has been reduced to either power or questioning of motives today and I don't see there's much there's I don't see there is as much space for rational argument which is what for the idea of morality as as knowledge presumes that we would have at our disposal. [00:20:25]

I think the only note of optimism I think for a recovery of moral knowledge I think according to Stephen I think I think he's right about this is to unshackle religious communities and institutions to be themselves and in doing so enabling them to be the kind of lights to the culture at large that they were designed to be strikes me that this is strangely reminiscent of how the early church in the first century did this since the the opportunity to have a public say in the first century was essentially off the table. [00:21:33]

Guilt they spent years of quote translating Christian ethics into publicly accessible terms on the council and and he finally admitted that in the last phase of his professional life he was committing himself to being unabashedly Christian regardless of the setting and letting the impact chips fall where they would now I I heard this for one as sort of a weariness in the idea of translating Christian ethics into appropriate levels of public discourse but I also heard this as I think Bob would suggest to toward the end of your discussion as an implicit trust in God for the impact on the culture and underscored the importance of being who we are regardless of a setting that we are in. [00:23:36]

Hunter suggestion is short of a significant cultural culture wide religious revival hopes for a renewal of character and morality and I would suggest hopes for a renewal of moral knowledge in our time are not particularly bright he met he states this really starkly in his book and the death of character he puts it like this I quote we want a renewal of character in our day but we don't really know what we're asking for to have a renewal of character is to have a renewal of a Creole order that constrains limits binds obligates and compels this price is simply too high for us to pay as a culture. [00:24:22]

We want character but without unyielding conviction we want strong morality but without the emotional burden of guilt and shame we want virtue but without particular moral justifications that invariably offend we want good without having to name evil we want decency without the authority to insist on it we want moral community without any limitations to personal freedom in short we want what we cannot possibly have on the terms we want it it strikes me that the death of character and the disappearance of moral knowledge go together in some pretty significant ways which I think lends urgency to our task and to a lot of our discussion about the recovery of moral knowledge. [00:24:41]

Chatbot

  • I'm an AI bot trained specifically on the sermon from Jul 26, 2019. Do you have any questions about it?

Transcript
What was the most surprising thing in this sermon?
Were there any personal stories shared?