Section Three
Communal Right In Perfect Theocratic Society
Introduction
865. Certain matters connected with communal Right had to be dealt with in the preceding section on governmental Right in theocratic society. Similarly, the present section on communal Right will contain further points on governmental right that we have not yet been able to consider. These two aspects of right are strictly related, and cannot be worked out in isolation from one another. Many of their properties depend upon their mutual relationships.
866. Communal Right is the teaching about rights common to the faithful who make up the Church founded by Christ. This new society is open to all men and women without distinction precisely because it is the perfection and sublimation of human society. Those entering the Church are enriched with new rights of great nobility, and appear as new beings on earth clothed with an extraordinary dignity. Consciousness of this new dignity increases their intelligence and their natural aptitudes. It is not surprising therefore that baptised persons show a higher degree of jural resentment than usual. Feeling of this kind offers undoubted evidence of the existence and value of rights placed in being in the human person (cf. RI, 581-582), and indicates greater foresight regarding the consequences of one's own actions. In turn, such foresight expands the sphere of matters in which jural resentment manifests itself (cf. RI, 717-719).
It is not to be wondered that Christians should have a unique appreciation of all their rights, including their temporal rights, which increases in value proportionately to the intelligence and interior dignity of the persons possessing them and injured by their violation. At the same time, Christians experience special repugnance at the moral deformity concomitant with the violation of rights, while appreciating the increased authority and rigour of the law upholding their worth. An increase of jural resentment in the injured party, and of remorse in the offender, produces greater moral aversion to violation of the rights of others. In a word, all rights are observed more carefully and damaged more rarely. The society introduced into the world by JESUS Christ has thus changed mankind's jural state in two ways: 1. by conferring on human beings the new, supernatural rights and titles to rights proper to the new society; 2. by increasing the value and reinforcing the sanction of natural rights.
867. The increase in worth, and enhancement of the sanction of natural rights were the means by which Christ established more firmly the natural society of mankind, itself the initial sketch of the supernatural society he came to form. As we have said, the Church of JESUS Christ is only the perfect completion and sublimation of the human race considered as society.
If, in the course of this treatise on communal Right in perfect theocratic society, we were to explain all the changes in mankind's jural state when human beings enter the Church, the work would have to be divided into two parts. Part one would explain the rights proper to the faithful as such; part two would deal with the advantages and jural improvements of the rights common to mankind brought about by membership of the Church. The second part would open the way to a detailed description of the favourable influence of Christian religion on individuals, and on domestic and civil society. It would also show how the three species of uncertain, unprotected and forgotten rights proper to individuals, to domestic and to civil society, come to be ascertained, ensured and re-established by the foundation of Christ's theocratic society. Finally, it would indicate how the universal society of mankind, already lost in practical terms (cf. 638) because the human race had rejected common love of the supreme values (truth, virtue and virtuous happiness), was raised up and re-created in such a way that human beings were almost necessarily led to respect reciprocally the innate rights binding human society together.
All this, however, is excluded by the limited scope of this book. We have to be content with the few hints already expressed in our introduction where we showed that the appearance of Christianity on earth made human beings better suited as subjects of rights, and added new, effective value even to temporal rights (cf. 492-518). We simply add that the saving power of perfect theocratic society in relationship to the development and protection of the innate rights common to human beings (that is, the rights of initial theocratic society) is stronger than all human force and passion. Selfishness, material interests and great political power are all placed under duress and forced to serve mankind. World domination is permitted to grow and endure only on condition that it uses its power to protect the rights of universal society against injustices done by individuals and lesser societies.
868. As we said, freedom is one of the rights of the universal society of mankind (cf. RI, 65-66, 87-127), and the abolition of slavery, taking place under our eyes despite corrupt attempts to prevent it, is one of many clear examples of what we mean by saying that the rights of human society are safeguarded by theocratic society. Evidence for this is provided by the authoritative document of the commission on slavery set up by the King of France by decree of 20th May, 1840.(163) After considering the solid reasons for the abolition of slavery in the English colonies, the commission states that it can only be attributed to the action of the spirit of Christianity. This is all the more remarkable in so far as the irresistible influence of this spirit is active in nations separated from the body of the Church. We quote this extraordinary admission from persons who have studied all aspects of the question(164).
| It would be exaggerating or underestimating the role of the English government to assert that the abolition of the slave-trade and of slavery depended on its wisdom and foresight, or on its machiavellian policy. The English government neither took the initiative, nor directed events. It simply maintained the status quo until its hand was forced. It systematically resisted the abolition of the slave-trade for fifteen years,(165) and of slavery for another twenty-five,(166) giving way only in the face of necessity. It would also be exaggerating to say that philosophy and philanthropy in England were mainly responsible for the great undertaking. Philosophers and philanthropists certainly played their part in the battle, but the heat and burden of the day was borne by the religious spirit that provided the essential element for success. It was RELIGION which freed the blacks in the English colonies, by raising up the likes of Clarkson, Wilberforce, Granville Sharpe, and reinforcing their courage and unshakeable perseverance. Religion gradually formed the great abolitionist party, first in the nation and then in Parliament. As it grew and infiltrated all political parties, it obliged them and, more importantly, the government to listen to it. For forty years it forced its own point of view on all events and circumstances, gradually winning the abolition of the slave-trade in 1807.(167) Through its representatives it inspired the declarations of the Congresses of Vienna(168) and Verona;(169) it drew up Buxton's motion in 1823, Canning's resolution, Lord Bathurst's circular,(170) applied the Order in Council of 2nd November to the colonies in 1831,(171) and thus rendered inevitable the abolition of slavery in 1833; and in 1838 the maintenance of the apprenticeship became impossible.(172) The abolitionist party played a role in the fall of the last Whig ministry in 1841, when it intervened to prevent a reduction of the tax on sugar which might have endangered the success of emancipation. The abolitionist party has been as active in the colonies as in metropolitan England: everywhere it has planted churches, chapels, missions and congregations belonging to all the dissident sects of England(173) - It has worked to make emancipation necessary for London, and possible and easy in the Antilles,(174) by preparing the way, sowing the seed and overcoming all obstacles. Ministers of the established church, Methodists of all kinds, Presbyterians, Moravians, missionaries of the Society of London, Catholic priests and Baptist missionaries (175) have laboured consistently to penetrate workplaces and bring the light and consolation of the gospel to the Blacks. They have brought entire residential areas to their various communities, protecting slaves against their owners, and interceding with civil authority on behalf of oppressed classes. They have become beloved leaders, trusted arbiters and the true guardians of public order. Sir Richard Hill, head of the Jamaican special magistrates,(176) says that despite the accusations against the missionaries emanating from high quarters during the Black rebellion of 1830, the colony owes more to their intervention than to that of the armed forces. Events in the English colonies have something in common with the circumstances of the Roman empire as it moved towards decline. Beneath the surface of the old, narrow, oppressive society, established solely for the benefit of the ruling class, a Christian society began to grow, formed and protected by ministers of religion. Its components were the weak, the poor and the oppressed, but despite its initial ignorance it was progressive, ready to defend its position when the hour of freedom struck, and swift to recognise the voice of its leaders.(177) |
The spirit of theocratic society is, therefore, capable of asserting and defending the natural rights of human society, and for this sublime purpose uses as its instruments, whether they like it or not, the ministers of communions separate from the Church, philosophers, philanthropists and the most powerful governments. All of them receive its light and are drawn to carry out its wishes, despite their initial reluctance.
869. Despite their reluctance - but to everyone's advantage notwithstanding the `violence' exercised over recalcitrant minds and hearts. One example will be sufficient to prove the point. Civil government resists the abolition of slavery for as long as possible, and only gives way to emancipation when forced to do so.(178) Nevertheless, it is the first to benefit in perfection, power and growth from the liberation of slaves who, because they are subject almost exclusively to domestic power, do not come under the influence of civil authority and remain extraneous to civil society. We shall show in our study of Right in civil society that an increase of power in domestic society entails a corresponding decline in the power of civil society because of a certain kind of disharmony between the two. How can civil society be perfectly vigorous when `WE FIND EACH FAMILY A NATION', as Tacitus(179) acutely observed about the conditions of his own time?
870. The report previously cited continues:
| Everywhere the working class is in the majority, and subject to difficulties proportionate to its misery. Moreover, if enslaved, it does not depend directly upon public authority, but on the guardianship and control of its owners. Legally, slaves are things, not persons.(180) They are chattels in the city, and immobile possessions in the country. Public power does not normally interfere, except to moderate hardships caused by this legal fiction, and occasionally to restrict or protect seigniorial power. Deprived of civil rights and any share in social existence, slaves live on top of one another in all types of slum dwellings... each of which forms a society of its own, with its own way of life and its own development. These societies are subject to special rules, where justice is exercised, to a certain extent, according to particular forms. They become miniature States, with their own particular worship, prisons, kindergartens, hospitals and hospices for the old and infirm. Abolishing slavery means eliminating this multitude of States within a State, and doing away with the fragmentation of sovereignty produced by competition between public and domestic power. The abolition of slavery ensures the exercise of civil rights for the working class, under the authority of common law and the immediate protection of the judiciary. Social equality inevitably benefits by such improvements.(181) |
871. Civil society reaches perfection on condition that it is open to as
many as possible of the people coexisting within its influence, whose share in
the rights of the universal society of mankind has to be freed from oppression
and made effective. This can only be brought about under the beneficent and
unfailing influence of the perfect theocratic society founded by Christ.
As it draws human beings to itself, theocratic society modifies their temporal
rights and ameliorates their jural state. This is its first effect,
about which we will speak later.
872. We have to say something about the second effect, that is, the rights acquired by all on their entry into the Church. We shall do this by adding what was omitted in the preceding sections.
Notes
(163) This commission was headed by the Duc de Broglie who, it seems, was responsible for the greater part of the report published by the Minister for the Marine and the Colonies (Paris, March 1843). The other members of the commission were: Count Saint-Criq, Marquis d'Audiffret, Rossi, peers of France; Count de Sade, Wustemberg, De Tracy, Ipp. Passy de Tocqueville, Bignon, Reinard, deputies; Baron de Mackau, Vice-Admiral, Count de Moges, Rear-Admiral, Filleau de Saint-Hilaire, Counsellor of State, Director of the Colonies; Jubellin, Commissary-General of the Navy; and Deputy Galos, Director of the Colonies.
(164) Report to Baron Roussin, Secretary of State for the Marine and the Colonies.
(165) 1792-1806.
(166) 1808-1833.
(167) Acts, 2nd May, 1807.
(168) Declaration, 8th February, 1815.
(169) Declaration, 28th November, 1822.
(170) Circular, 9th July, 1823.
(171) Order in Council, 2nd November (Navy Publications, p. 3-5, 1 vol. p. 151).
(172) Parliamentary Debates, 1841. Sittings of 7th, 10th, 11th, 12th, 13th, 14th, 17th, 18th May (Navy Publications, vol. 3, pp. 519-546).
(173) Report on Jamaica, Mr. Bernard (Navy Publications, vol. 3, p. 35).
(174) Report on Antigua, by the same author (ibid. p. 171).
(175) Report on Jamaica, Captain Layrle, 1840.
(176) Appendix to the Report of F. I. Lechevalier, 1st part, p. 97.
(177) Cf. ibid., pp. 118-119.
(178) This arises as in proportion to the influence that domestic society exercises over civil society.
(179) Ann., 14, 44.
(180) To prove this, Articles 44, 45 of the edict of March, 1685, known as the Black Code, are cited here, but not Roman laws.
(181) Cf. Report, pp. 72-73.