Weekend essay
Comment
Royalty
4 min read

Beyond Charles: a radical case for the monarchy

In a culture that tends toward populism and moral relativism, what the coronation says is, ironically, radically prophetic, writes Nigel Biggar.

Nigel Biggar is Regius Professor Emeritus of Moral Theology at the University of Oxford and Distinguished Scholar in Residence at Pusey House, Oxford. 

A uniformed Prince Charles sits on a throne reading a speech, beside a crown resting on a cushion
In May 2022, the then Prince Charles delivers a speech in the House of Lords.
Copyright House of Lords 2022 / Photography by Annabel Moeller, CC BY 2.0 Media Commons.

Judging by a recent YouGov poll, the monarchy currently remains popular among the British, with 58 per cent supporting its continuation and only 26 per cent preferring an elected head of state. But support drops dramatically with age: 38 per cent of those aged 18-24 would like to abolish the monarchy, while only 32 per cent want to keep it.       

If the monarchy is to survive beyond the reign of King Charles III, therefore, a strong case in its favour needs to be articulated. It needs to be justified in terms of political well-being. Can this be done? I believe so. Monarchy as we now have it—with its executive powers entirely transferred to elected members of parliament (except in case of constitutional crisis)—makes important contributions to political health. For sure, most of these are symbolic; but symbols can represent important truths and serve important functions. 

First, by embodying a reassuring continuity and stability, monarchy enables society to cope with change. Thus, far from fostering conservatism during her seventy-year reign, the late Queen Elizabeth actually presided over huge cultural, social, and political change.  

Thanks to their monarchy, the British are spared the predicament of those Americans who loathed the politics of Donald Trump, while having to respect him as the symbolic representation of their nation.

Second, the distinction between the monarchical head of state and the prime ministerial head of government makes it easier to tell criticism of government policy from a lack of patriotic loyalty—easier than in an American presidential system, where the symbolic head of the nation and the head of government are one and the same. Thanks to their monarchy, the British are spared the predicament of those Americans who loathed the politics of Donald Trump, while having to respect him as the symbolic representation of their nation.     

Next, it’s good to have a head of state who, being unelected, can transcend party-politics and use her patronage to support civil society, thus reminding us (and politicians) that there is far more to public life than elections, parliamentary debates, and legislation.  

But there is yet a further benefit, which is more principled, more Christian, and more fundamentally important than any of the others. A good political constitution certainly needs a part where rulers are made sensitive and accountable to those they rule—that is, an elected legislature that can hold government to account and stop it in its tracks. A good constitution needs a democratic element. After all, according to a biblical and Christian view, rulers exist to serve the ruled: kings are expected to be shepherds of their people. 

Nevertheless, a Christian view is not naïve about the people. It does not suppose that the popular will, as expressed in majority vote, is always right and just. After all, it was the people (the laos as in ‘laity’) who bayed for Jesus’ blood in the Gospels, and it was the people (the demos as in ‘democracy’) which, according to the Acts of the Apostles, responded to the Christian persecutor, Herod, by lauding him as a god (Acts 12.21). If kings can be sinners, then so can the people. Hitler, remember, was elected by due democratic process. 

What this means is that a healthy political constitution should be more than simply democratic. In addition to an elected House of Commons, it needs other parts too, to balance it. It needs to be mixed. For example, it needs a House of Lords composed of a wide range of experts and leaders of civil society (including the Church of England). That is, it needs an aristocracy of wisdom, not of land, which can only be secured by appointment, not popular election.  

The heir to the throne gets on his knees to receive the crown—the symbol of his authority—not from below but from above, not from the fickle people but from the constant God. 

And it also needs a monarch, who symbolises the accountability of the whole nation, rulers and ruled, kings and people, to the given principles of justice. At base these principles are not human inventions. They are not the passing creatures of popular whim or majority vote. They are given in and with the created nature of things. And this is exactly what the coronation ritual says, when the heir to the throne gets on his knees to receive the crown—the symbol of his authority—not from below but from above, not from the fickle people but from the constant God.  

Contrary to what now passes for democratic common sense, the moral legitimacy of government does not lie in popular consent. It cannot, since the will of the people can be corrupt. Rather, moral legitimacy lies in the conformity of law and policy to the given principles of justice and prudence—to which the people might or might not adhere. Popular consent is vital, if law and government policy is to have any effective social authority, but it does not establish its moral legitimacy. This is a very important and fundamental political truth, which is rarely spoken nowadays, but which the coronation ritual speaks. And in a culture that tends toward populism and moral relativism, what the coronation says is, ironically, radically prophetic. 

In sum, then, I do think that there are good reasons—some of them directly Christian—to support the kind of monarchy we now have. However, on the question of how much public money should be used to support it, or how many members of the royal family should be supported, I am agnostic. And I don’t suppose that a monarchical republic is the only decent kind of republic. Nonetheless, I do think that monarchy can confer some important and distinctive political benefits; and if we are to continue to enjoy them—if Prince George is to find a throne awaiting him—then we had better bring to mind what they are.

Article
Comment
Conspiracy theory
Freedom
Justice
4 min read

Why free speech might just need a crime of passion defence

Horrific crimes against our humanity tell us we must protect our freedoms, not constrict them.

George is a visiting fellow at the London School of Economics and an Anglican priest.

A protester stands with back to the camera, his baseball hat is turned backwards, it reads 'freedom'.
Gayatri Malhotra on Unsplash.

One of the silliest legal defences ever must be the “crime of passion”. Or crime passionnel, as the French knew it for centuries, which should really appear on a menu as one of those haute cuisine desserts they so adore, featuring poached passion fruits in Chantilly sauce: “Non, garcon, tenez-vous la Crepe Suzette. Aujourd’hui je voudrai la crème passionel, s’il vous plait. Et vite – ma femme arrive bientot.”

But to digress in a first paragraph is a crime journalaise, which incidentally is a piece of Franglais that should apply to everything in Le Figaro. So back to crimes of passion. The idea was that an act of spousal infidelity could arouse such a passionate rage that the romantic interloper deserved what they got. First-degree murder could be downgraded to manslaughter, because obviously there can be no malice aforethought in the heats of passion. 

The crime of passion’s bastard offspring is the “gay panic defense”. Note the tell-tale “s” there (though, breathtakingly, interpretations of this defence remain available in both the UK and the US). It runs that a defendant may allege to have found a same-sex sexual advance so offensive or frightening that they were provoked into murdering or otherwise injuring their alleged seducer. Victim-blaming or what?  

Anyway, we might want to dust off crime of passion defences because a leaked report from the Home Office suggests that the definition of extremism in law could be extended to cover “extreme misogyny”, “environmental extremism”, “left-wing, anarchist and single-issue extremism” (it even has its own acronym, LASI) and “conspiracy theories”. 

Now, I’m all for catching misogyny before anyone gets hurt, but all these things are covered by existing laws. And some of them are just plain bonkers. Were I to be charged with holding an extremist environmental opinion or an extreme left-wing, anarchist or single-issue view, I think I’d want to say that it was a crime of passion.  

By which I would mean that there was no malice aforethought because I was acting in the heats of passion for my cause at a time when my balance of mind was impaired. Otherwise, I could get nicked for simply thinking or saying something. Sticks and stones and all that.

But horrific crimes against our humanity tell us we must protect and defend our freedoms, not constrict them. We want to prevent murders, not the saying or thinking of both silly and vile things.

To adopt Serious Face for a moment, I’m aware that hate crimes are a very big thing indeed. How could it be otherwise when we’ve just commemorated Holocaust Memorial Day. And we’ve also the other week had the sentencing of someone – I wouldn’t even spellcheck his name – for the murder of three little girls in Southport. 

But horrific crimes against our humanity tell us we must protect and defend our freedoms, not constrict them. We want to prevent murders, not the saying or thinking of both silly and vile things. Our concentration should be on that prevention, not the forbidding of attitudes that might (but probably won’t in the vast majority of cases) lead to a violent crime. 

Don’t get me started on Non-Crime Hate Incidents (NCHIs). Oh, you just did. Telegraph columnist Allison Pearson was visited by police last Remembrance Sunday and, surprisingly for someone who has built a career on telling snowflakes to grow a spine, came over all oppressed and persecuted. They were following up a photo she’d posted, claiming it was of Metropolitan Police posing with what she called “Jew-haters” at a London rally in support of Palestine. 

In reality, the photo was taken in Manchester and featured Pakistanis, not Palestinians. There was a clue in their flag having “Pakistan” written on it. But that makes her not a very good journalist. Not a bad, far less a criminal, person. 

A saying usually ascribed to St Augustine, in one of his letters, is that we are to “hate the sin and love the sinner”. Similarly, we must try to hate the crime, but love the criminal. That must remain humanly impossible for the crimes already mentioned in this column. (Though, astonishingly, history records some Jews finding it in their hearts to forgive their Nazi persecutors). 

But we acknowledge that this is where the gospel bar is set. We’re to love our enemies, even if we don’t like them and we condemn their actions. In practice, that means preventing crime in law and holding perpetrators to justice. What it does not mean is going after people who say hateful and stupid things, while other people are actually doing hateful things. The former may and should be about sound intelligence gathering; the latter is effective policing. 

This principle is rooted in our culture, founded on the golden rule of loving our enemies and our neighbours as ourselves. There’s always room for forgiveness as well as justice, as crimes of passion demonstrate.  

And if that sounds recklessly self-sacrificial, we might look at the Passion of Christ and the crimes of passion that were committed during it. As he said himself, tout est accompli.  

 

* "No, boy, hold the Crêpe Suzette. Today I would like the passion cream, please. And quickly – my wife is coming soon." 

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