Essay
Comment
Penitence
9 min read

A present focus on future change should trump paying penitence

Reparations are in fashion for compensating for the past argues John Milbank, asking whether taking a stance about the past is more important than achieving an outcome in the present.

John Milbank is a theologian, philosopher and poet. A co-founder of the Radical Orthodoxy movement, he is an Emeritus Professor of the University of Nottingham.

An accounting entry in copperplate writing.
Entry in Queen Anne’s Bounty Accounts showing money received from the executors of Edward Colston.

Reparations are in the news these days. Poland is demanding $1.3trillion from Germany for the destruction to their country by the Nazi’s invasion 84 years ago. The Mayor of New York City Mayor is advocating reparations payouts as a solution to the wealth gap between blacks and whites in the city, and Caribbean countries are considering approaching the United Nation international court of justice for legal advice about reparations for slavery. 

In line with this trend, the Church of England intends to spend £100m on reparations for its past involvement in slavery.  

As many have already pointed out, the receipt of any money from slavery profiteering was minimal and marginal at best, such that the rationale given for this intention involves a strange exaggeration of its own past faults.  

The problem with this is that it implies a kind of boasting about its sins, which is itself a mode of sin, all too akin to the agreeable shudders produced when a supposedly repentant sinner details his past wrong doings before the altar. The greater the lapse, the greater the grace, in a kind of gross liberal parody of an already gross exaggeration of a more authentic Protestant legacy.  

Why should the Church seek to do this? The answer surely is nothing to do with its reckoning with its own past shortcomings. It is rather the same old courting of middle-class respectability that has always afflicted Anglicanism at its worse, despite entirely opposite tendencies of which it can be proud. Reparations are fashionable in middle class circles and the Church wants to be in on the act. One should not mistake this for radicalism, nor for real repentance. If the West was really sorry for what it has done wrong in the past, it would not pretend that this wrong was not mixed up with a lot of good (in the case of overseas empires for example) but would seek in the present to act in an entirely different way: to abandon economic and ecological exploitation of the rest of the world in the present, and to seek to act always in a globally collaborative manner.  

Rather than seeking to change the present, it is far easier to continue to condemn the past, which cannot seriously be undone. 

The reasons it does not do so concern not only its continued commitment to an unqualified capitalism, but also and more subtly the truth that if we seriously wished to act positively and helpfully, we would have to resume some of our past paternalistic concern in a new idiom, that would no doubt prove unacceptable to a now liberal-dominated left. Increasingly, respectable liberal opinion cares far more about formal stances than about actual beneficent outcomes.  

Rather than seeking to change the present, it is far easier to continue to condemn the past, which cannot seriously be undone. Financial compensation is itself a substitute for any real change of heart. For if we really regretted past exploitation, we would not continue to sustain it in a less involved and more purely economic, and therefore worse form today.  

Furthermore, to imagine that one can set a price on damaged heads is only to repeat the quantification and monetarisation of humanity that was the logic of slavery in the first place. The fact that so many non-white people nonetheless back the call for reparations is only a sad proof that they are covertly locked into a capitalist logic and a liberal-rights thinking that tends to tilt over into the unchristian (despite Nietzsche) ethics of ressentiment.  

Rather, one should say that our involvement in the Atlantic slave trade was so bad that nothing can offset it, save the sacrificial blood of Christ (recalling that he was betrayed for money) and our sharing in this atoning action through repentance and compensatory, embodied action in the present.  

So why on earth would the Church of William Wilberforce and Trevor Huddleston feel that it needs to regret its supposed slave owning and racist past? 

This was initially and most of all demanded and carried out by Anglicans of a usually High Tory persuasion, and though we should not forget some enlightenment opposition to slavery, which sometimes inspired the revolt of slaves themselves, it is an illusion not to consider this to be also Christian or at least post-Christian. After all, pagan republicans were not just at ease with slavery, they built their entire republican systems upon it. To a degree the United States tried at first to repeat that, till eventually a radical Christian vision (taking it beyond the qualified Biblical acceptance of slavery) won out in that country also, though it lagged in this respect behind Britain and the Anglican Church. 

So why on earth would the Church of William Wilberforce and Trevor Huddleston feel that it needs to regret its supposed slave owning and racist past?  

One might say that it is more important to feel shame and regret than to boast. But to celebrate one’s past saints is not to boast of oneself, but to accord honour where honour is due and to raise up admirable examples for admiration and imitation. To be human and to be creative in the image of God is continuously to praise as well as to blame, as the Anglican poet Geoffrey Hill frequently argued.  

Moreover, if we only follow fashion in our blaming, which is also important, then we will tend to miss the more hidden and subtle culpable targets. Uncovering the latter is surely especially incumbent upon anyone claiming to follow Christ, who constantly located sin where it was unsuspected and inversely found hidden if suppressed virtue to be present amongst those publicly deemed to be sinners.  

In reality our coming to see the Good is always the work of time and is always revisable. 

But in the case of both praise and blame what matters most is to take the drama of past history as instructive: not to claim that we can finally undo its past injustices as past. This is blasphemously to appropriate the prerogatives of God at the last judgement and to newly extend the false logic of sacramental indulgences.  

For a kind of unspoken presentism lurks behind the reparations mentality. The assumption is that we all really live in an ahistorical eternity within time, such that if we were always thinking rightly we would always see, in any time or place, the truth of current liberal nostra, despite the fact that they are themselves incessantly changing, for example with respect to gender and sexuality.  

In reality our coming to see the Good is always the work of time and is always revisable. What the Greeks and Romans regarded as acceptable treatment of ‘barbarians’, women and slaves we can now see to be horrendous, and we are right to do so. And yet it would be a mistake to suppose that classical nobility was a self-delusion: by their own lights people in antiquity acted virtuously and in certain ways which we can still recognise today, with regard to fortitude, magnanimity, forbearance and so forth. We can also allow that they developed acceptable notions of virtue in general, even if they filled them with often highly questionable content. 

In the case of the Bible, the notion that ethical insight changes with time is still more foregrounded than with the pagans. It is a record not just of backsliding, but of constantly new prophetic and visionary insights, culminating in the drastic New Testament revisions of what is ethically demanded of us all the time, even if this is often cast as return to lost origins.  Yet despite this, the forefathers continued to be praised as well as blamed, celebrated as well as condemned, even in the New Testament. 

In the case of both pagan and Jewish antiquity it was realised that even if we can claim to have surpassed our predecessors in insight, our new insights still depend upon their earlier ones, such that we stand upon the shoulders of giants.  

We have then no warrant to condemn people in the past who were good by their lights of their times, including benefactors like Edward Colston of Bristol who were also slave traders, and whose statues should therefore be left to stand. They were perversely blinkered indeed, but they lived in a blinkered age. It is pointless to blame them and more important to praise the rare visionaries who were able to think beyond this. One may say well ‘everyone could have seen the point if some did’ but this is to ignore the truth that most of us usually find such people awkward and that they have not always thought through an alternative way forward. After all, a failure of Northern abolitionists adequately to do that was in part responsible for the continued pervasive misery of African Americans through many decades and continuing today, after the American civil war.  

Everything in time and space is infinitely ramified and ramifying. Absolutely everything is contaminated and yet the bad is interwoven with the good. 

Another problem with reparations is, of course, the problems of identifications and the selectivity involved.  

Just who are the current descendants of slaves and the continued legatees of disadvantage thereby accrued? All African Americans, of every class, despite much intermarriage? All the inhabitants of the Caribbean, again despite social hierarchies? African countries, despite past African complicity in, and indeed originating of, specifically modern slavery?  

And then why only certain selected ethnicities? To focus on only black people looks candidly like supporting a will to power and a reverse anti-white racism. What about all women, and all gay people so mistreated in the past? What about the working classes in Britain whose children were sent down mines and up chimneys under conditions of dependence little better in practice than outright slavery? Are they deserving of compensation? After all, their ancestors are often readily identifiable by both family and region. 

So wherever would one stop? Should Anglo-Saxons demand at last justice from the conquering Normans, since these different ethnic legacies are still somewhat identifiable by class, as anyone suddenly summonsed into the arcanum of old county money lurking within guarded private estates with unimaginably huge old trees, will readily testify.  

Everything in time and space is infinitely ramified and ramifying. Absolutely everything is contaminated and yet the bad is interwoven with the good. If we start to try to break with all of the bad through a sort of Maoist cultural revolution (in relation to the British imperial past, for example) then we will end up losing the fruits and flowers as well as the tares and political terror will ensure that even only the most privileged weeds survive such a purge.  

So, the Church of England needs to stop following fashion and lose its current obsessions with reparations, diversity, excessive safeguarding and all the rest of it. Instead, it needs to recover its genuine legacy of paradoxically conservative radicalism, nurtured at once by evangelicals and ‘liberal Catholics’, by radical Tories and Christian socialists. It is just this which can truly challenge the economically and culturally individualistic times in which we live, to the ruin of us all.  

At home it needs first to set an example in its own backyard, by entirely reversing the current policy of parish destruction, which all the evidence now shows is partly responsible for Christian decline in this country and entirely cripples Anglican mission in all its dimensions. The more that the Church returns to a policy of putting sophisticatedly trained clergy in socially prominent and capacious parsonages (enabling hospitality discussion) within single or very small groups of parishes, then the more it can start directly to nurture rooted and genuinely inclusive communities, socially responsible enterprises and integrated local ecologies, beginning with churchyards. 

This is where the church’s money should be spent: on substantial nurture, not questionable and futile gestures.   

On the global scale, Anglicans need to turn from a presentist abolition of the past to a future-orientated preoccupation with the present.  If our current way of living is everywhere destroying the planet, promoting ever more inequality and inhibiting human health and intellectual capacity, then surely the question to be posed is whether this is the result of abandoning past spiritual priorities?  

Instead of mounting the liberal bandwagon of futile and counter-productive virtue-signalling, the Church of England should ask what an alternative ‘psychic politics’ based on a mixture of genuine hierarchy and participation would look like, and turn its energies towards supporting those already seeking to enact this. 

Article
Assisted dying
Comment
Politics
1 min read

Assisted dying hasn’t resolved Swiss end of life debates

Despite attempts to normalise it, new challenges still arise.

Markus is Professor of Moral Theology and Ethics at the University of Fribourg, Switzerland.

A single bed, wiith an unmade colourful duvet stands in the corner of a room. A hoist reaches over it from the corner.
The dying room, Dignitas Clinic, Zurich.
Dignitas.

While countries such as Germany, France or the UK are currently struggling to find a suitable regulation for assisted suicide, their peers in the Netherlands, Canada and Switzerland have years of experience with the controversial medical practice. Even if each state must explore its own ways of dealing with these ethically controversial issues, it is obvious that international experience should not be ignored as they try to find a way forward.  

In Switzerland the discussions and challenges surrounding assisted suicide are increasing rather than decreasing. Contrary to the idea that a liberalisation of assisted suicide would lead to fewer debate, tensions and difficulties are increasing.  My observation, and thesis, indicates that practices such as assisted suicide cannot be “normalised”, even in the medium and long term. 

Developments 

In recent years, one to two per cent of all deaths in Switzerland were due to assisted suicide.  From an overall perspective, this practice is therefore still a marginal phenomenon. However, a look at the total number of assisted suicides per year gives a different impression, as this has increased more than fivefold in the years between 2008 and 2020, from an initial 253 to 1,251 deaths per year, a rising trend. The cause of death statistics for Switzerland only include those cases of assisted suicide in which persons resident in Switzerland were involved and the death was reported to the authorities. According to the Swiss Federal Statistical Office, in 2020, it was mainly people over the age of 64 who made use of assisted suicide. Detailed information on the underlying illnesses of the people affected in 2018 shows that about 40 per cent were affected by cancer, just under 12 per cent by diseases of the nervous system, a further 12 per cent by cardiovascular diseases and just over a third by other illnesses, including dementia and depression. There are currently seven right-to-die organisations in Switzerland which play a leading role in a typical assisted suicide procedure. They work closely with doctors who are prepared to prescribe a lethal drug, generally Pentobarbital. The data reflects an ambivalent picture: on the one hand, the proportion of assisted suicide cases is relatively low in relation to all deaths and, for example, in comparison to the large number of people who die in Switzerland in a state of deep sedation until death; on the other hand, the number of assisted suicides in Switzerland has risen sharply in recent years.  

Perceptions and assessments 

Since the 1990s, the public perception and assessment of assisted suicide in Swiss society has changed from an initially cautious and sceptical attitude towards broad acceptance. While the debates in other countries are characterised by relatively sharp controversies between those in favour and those against, public discourse in Switzerland has been less polarised. There are indications of a certain normalisation of the situation, the strongest sign is that Switzerland has so far refrained from regulating assisted suicide in a separate law. The results of a recently-published study on the opinions of Swiss people over the age of 55 regarding assisted suicide confirm these impressions.: The survey showed that over four-fifths of respondents support legal assisted suicide, almost two-thirds can imagine asking for assisted suicide themselves at some point, and that almost one-third are considering becoming members of an right-to-die organisation in the near future, with one-twentieth of respondents already being members at the time of the survey in 2015. Among people with a higher level of education and older people aged between 65 and 74, approval of assisted suicide and corresponding practices was higher than among less educated, younger and very old people; approval was also significantly lower among religious practitioners. 

Sensitive topics  

The fact that assisted suicide enjoys broad support in Swiss society as a whole does not mean that there are not difficult and controversial aspects relating to its practice. Relevant topics include, in particular, places of death, authorisation criteria and procedures. 

Places of death: Assisted suicide is permitted also for mentally ill persons in psychiatric clinics, but the federal court recommends great caution here and requires two psychiatric expert opinions to ensure that the person willing to die is capable of judgement with regard to the desire to commit suicide. Although assisted suicide for children and adolescents has hardly been an issue in Switzerland to date, the corresponding debates are currently being held in Canada and elsewhere. The question of whether people in prison also have a right to make use of assisted suicide, has been the subject of intense debate in Switzerland for years, with a generally positive response. The question of whether right-to-die organisations should be given access to acute hospitals and nursing homes is still the subject of controversial debate, with regulations varying from hospital to hospital, nursing home to nursing home 

Authorisation criteria: With regard to the admission criteria for persons willing to die, the capacity for judgement is at the centre of attention: while the importance of the criterion is undisputed in itself, there is a struggle for reliable standards and procedures to reliably test this criterion. Since the publication of the SAMS ethical guidelines Management of Dying and Death in 2018, the criterion for end of life and, depending on this, that of unbearable suffering have received new attention due to an objection by the Swiss Medical AssociationFMH. While the guidelines are based on the criterion of unbearable suffering, the FMH wants to stick to the near end of life. It is certainly difficult to diagnose the existence of unbearable suffering, as the international debate on the significance and assessment of existential (neither physical nor psychological) suffering shows. This difficulty is illustrated by the debate that has been going on for several years in Switzerland about so-called old-age suicide and the inherent criterion of tiredness of life. At the centre of the dispute is the legally difficult question of whether a doctor is also allowed to prescribe a lethal drug to a healthy person. 

Procedures: Here the role of the medical profession and right to die organisations is by far the most important issue. In contrast to the physician-centred models in Belgium, Canada and the Netherlands, the Swiss model of assisted suicide is based on the idea that every person has the right to end their life and may call on the help of any other person to do so. Although the medical profession is usually involved in the process, the management of the procedure is normally the responsibility of a right-to-die organisation. This division of responsibilities is always up for debate when legal regulations are being considered, in which doctors should tend to take the lead in the process due to their professional background. There is also a debate about how and by whom compliance with the authorisation criteria should or could be monitored, whereby it remains to be decided whether this should be carried out before or after the death. At present, a certain amount of monitoring takes place following a suicide, insofar as the authorities investigate the cases afterwards. There is also debate as to whether Pentobarbital is a suitable means of suicide, especially if this barbiturate is not administered intravenously but taken orally; there is no knowledge of how many cases are currently administered intravenously and by whom an infusion is then set up. Last but not least, consideration has already been given to the use of lethal drugs, such as helium gas, which can be obtained over the counter. 

Attempts at regulation 

Political efforts to regulate assisted suicide in Switzerland in a more nuanced way than today have been made since the 1990s but have remain largely without consequences to date. In relevant judgements by the Federal Supreme Court or in statements by the Federal Department of Justice and Police, reference is regularly made to the ethical guidelines of the SAMS. These are classified as soft law and are therefore not legally binding, even though their content has become the subject of dispute. The National Advisory Commission on Biomedical Ethics (NCE) had already recommended more far-reaching legal regulation in 2005 as part of a detailed opinion on the subject; in the opinion of the NCE at the time, the review of authorisation criteria, a justifiable regulation of assisted suicide for the mentally ill, children and adolescents and state supervision of right-to-die organisations, should be ensured by law. The question is what form a legal regulation can take that grants the medical profession far-reaching powers but at the same time prevents medical paternalism (in favour of or against assisted suicide). From the perspective of Swiss experience, this is “a square circle”: either the doctors retain the final decision on who receives the barbiturate, or official access rules are established, the review of which does not generally require medical expertise. 

The outlook

In the short and medium term, it can be assumed that the number of assisted suicides in Switzerland will continue to rise. The coronavirus pandemic and the particular difficulties faced by nursing homes during this time are likely to exacerbate this increase. In view of these expectations and the legislative processes in other European countries, pressure is likely to increase in Switzerland to create a legal regulation. Overall, I think politically it will be important to create a legal regulation, in order to ensure legal equality and legal certainty on the one hand and prevention of abuse and expansion on the other. At the centre of social-ethical reflection is the challenge of learning to deal with the pluralism of different ideas of a good death and to develop and establish alternative models to medically assisted dying. The thesis I mentioned at the beginning is confirmed today: assisted suicide in Switzerland can hardly be normalised; new problems, challenges and demands are constantly arising. Suicide, whether with or without the help of another person, always means an existential transgression that defies normalisation.