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Marxist Narrative and the Rule of Law
Marxist Narrative and the Rule of Law
Oct 2, 2024 4:41 PM

If you haven’t checked out this piece in the most recent issue of Religion & Liberty, you owe it to yourself to do so: “The Leaky Bucket: Why Conservatives Need to Learn the Art of Story,” by David Michael Phelps.

In this essay, Phelps makes the claim, “While conservativism is now a powerful force in the American political landscape, it is still the underdog in a war of connotation. (This is evident in the fact that the phrase passionate conservative’ had to be invented.) And I think there are two reasons why conservativism, by and large, does not yet appeal to the heart as does ‘bleeding heart’ liberalism.”

Here are two items in support of Phelps’ thesis. The first is from Reinhold Niebuhr’s Moral Man and Immoral Society, in which Niebuhr is discussing Marx’s doctrine of the proletariat’s eschatological destiny. It is clear that Marx’s narrative has captured Niebuhr’s imagination:

There is something rather imposing in this doctrine of Marx. It is more than a doctrine. It is a dramatic, and to some degree, a religious interpretation of proletarian destiny. In such insights as this, rather than in his economics, one must discover the real significance of Marx. His economic theory of labor value may be impossible, but this attempt at the transvaluation of values is in the grand style. To make the degradation of the proletarian the cause of his ultimate exaltation, to find in the very disaster of his social defeat the harbinger of his final victory, and to see in his loss of all property the future of a civilisation in which no one will have privileges of property, this is to snatch victory out of defeat in the style of great drama and classical religion.”

The second piece is a quote from ment on another blog that struck my fancy:

Acad Ronin writes:

I got the following from a mystery novel set on the English-Scottish border in the 14th Century or so. It’s the best treatment of the issue of the rule of law that I have found to date.

Rule of Law

Carey looked down at his hands. “Do you know what justice is?” he asked at last, in an oddly remote voice. “Justice is an accident, really. It’s law that’s important. Do you know what the rule of law is?”

“I think so. When people obey the laws so there’s peace…”

Carey was shaking his head. “No. It’s the transfer of the duty of revenge to the Queen. It’s the officers of the Crown avenging a man’s murder, not the man’s father or the family. Without law what you have is feud, tangling between themselves, and murder repaying murder down the generations. As we have here. But if the Queen’s Officers can be relied on to take revenge for a killing, then the feuding must stop because if you feud against the Queen, it’s high treason. That’s all. That’s all that happens in a law-abiding country: the dead man’s family know that the Crown will carry their feud for them. Without it you have bloody chaos.”

It was strange to hear anyone talk so intensely of such a dusty subject as law; and yet there was a fire and passion in Carey’s words as if the rule of law was infinitely precious to him.

“All we can do to stop the borderers killing each other is give them the promise of justice – which is the accidental result when the Crown hangs the man who did the killing,” he said, watching his linked fingers. They were still empty of rings and look oddly bare. “You see, if it was only a bloodfeud, anyone of the right surname would do. But with the law, it should be the man that did the killing, and that’s justice. Not just to take vengeance but to take vengeance on the right man.”

“So you’ll make out a bill for Sweetmilk Graham and go through all the trouble of trying Hepburn and producing witnesses and finding him-guilty …”

“And then hanging him, when a word to Jock of the Peartree would produce the same result a lot more easily. But that wouldn’t be justice, you see, that would only be more feuding, more private revenge which has nothing to do with justice or law or anything else. Justice requires that the man have a trial and face his accusers.”

Source: Chisolm, P.F. 1994. A Famine of Horses. New York: Walker and Co.

Now there’s a conception of the rule of law portrayed pelling narrative form.

See also, “The Morality of Narrative Imagination,” “Bavinck on the Moral Imagination,” and Reinhold Niebuhr Today.

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