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. 

Essay
Comment
Justice
5 min read

Dignity: why people matter

How dignity underlies our ethics and law.

Professor Charles Foster is a Fellow of Exeter College, Oxford, and a member of the Oxford Law Faculty.

A pupil in a classroom looks around and into the camera.
Indus Action

You think that you matter: that you are significant. I agree with you. I think the same about myself.

We all think we are significant, and that our significance requires us to behave and to be treated in particular ways. One of the main functions of the law (perhaps the function of the law) is to regulate this sense of significance: to protect my sense of my significance and to stop it interfering with the sense of significance that others have.

A common name given to this sense of significance is dignity. It is a defining characteristic of humans. We see it as soon as we see behaviourally modern humans – who came on the scene about 45,000 years ago. We laid our dead tenderly in the earth, clutching flowers and amulets, rather than leaving them out as food for hyenas. We carved our faces into mammoth ivory because we knew that there was something about our faces which should endure. We believed that we had souls and that other things, human and non-human did too. This made eating other ensouled things a real problem. We evolved solemn liturgies of oblation and satisfaction to solve it. Our walk through life and death was elaborately choreographed, because it wasn’t proper to stomp and blunder. Comportment mattered because we mattered.

These were astonishing assertions – so astonishing that no big society has ever taken them completely seriously.

Jumping from pre-history to history, dignity, like other precious resources, was appropriated by the rulers, who said that they and only they had a right to it. The hoi polloi never truly believed this; they knew their own worth and moral weight. But the rulers told an artful story. The gods had dignity, they said, and the gods gave it to their favoured ones – typically the royals and the heroes. The royals were the gods’ embodiments or regents, and so the thrones of Mesopotamia and Egypt were invested and affirmed by divine dignity. The capricious gods of Olympus gave dignity at particular times and for particular purposes to their particular favourites, who therefore became demi-gods for a while.

In the Hebrew world, however, a radically democratic move was afoot. God was indeed dignified, but since every human was made in his image, all humans were dignified too – and in the same way as God. The idea was picked up by St Paul: ‘There is neither Jew nor Greek’, he declared. ‘There is neither bond nor free, there is neither male nor female: for you are all one in Christ Jesus’.

These were astonishing assertions – so astonishing that no big society has ever taken them completely seriously.

The obscenity of Auschwitz relegated the hyper-spiritualised notion of dignity to the cloister, and Kant’s notion to the Academy. For whatever dignity was, it was outraged there, and the outrage extended to bodies and to the non-rationally-autonomous.

Less ambitious, and so more palatable, was Stoicism’s rather anaemic version of the Imago Dei. All humans were potentially dignified, it said, and each human had a duty to strive to realise their dignified potential. It was much less radical than the Judaeo-Christian conception, but still represented a tectonic break with the royal theocracies of Mesopotamia, Egypt and elsewhere.

This Stoical conception of dignity did useful work. It served to save the notion of dignity from two mortal threats - both, embarrassingly, from the Christian world (though Kant’s relationship with Christian orthodoxy was sometimes uneasy).

There is a strand of Platonised Christianity (drawing on the early Augustine)  that spiritualises the idea of dignity. If it prevailed dignity would have nothing to say in hospitals about bowels or bedpans, in bedrooms about sex, in plantations about slavery, in jungles about the fate of trees or toucans, or in newsrooms about anything at all.

Kant located dignity in rational autonomy, so snatching dignity from children, the demented, the unconscious, the depressed, everyone who has drunk a bottle of red wine, and more or less everyone who doesn’t have a PhD in philosophy.

The obscenity of Auschwitz relegated the hyper-spiritualised notion of dignity to the cloister, and Kant’s notion to the Academy. For whatever dignity was, it was outraged there, and the outrage extended to bodies and to the non-rationally-autonomous.

In the immediate aftermath of the Second World War dignity (almost always undefined) appeared in endless national and international laws and declarations. Fairly recently it has started to have a real legal life of its own, being invoked for many purposes, from prisoners’ rights to reproduce to the right to have your name on your tombstone in the language of your choice.

These specific invocations of dignity sometimes disguise its foundational nature – foundational to human nature itself and to the laws that seek to determine how humans should conduct themselves in society

To say that the Judaeo-Christian account of dignity gives rise to all ethics and law in the western world is a big claim. I make it unapologetically.

To see how foundational it is, ask yourself why you think it is wrong to kick a child, but not a rock. Or why it is wrong to play football with a human head, or do an intimate examination, for the purposes of teaching medical students, on a woman in a permanent vegetative state. In describing the wrongness you will certainly find yourself relying on something that looks suspiciously like human dignity.

The law is often said to be protecting interests other than dignity (such as autonomy, freedom, or bodily integrity), or promoting other values (such as beneficence or non-maleficence). Yet on close inspection, those interests and values will all turn out to be parasitic on dignity. Dignity is the first order principle: the others stem from it.

In the last forty or so years there has been a good deal of academic discussion about just what ‘dignity’ means. There is a growing consensus that it has two complementary parts. First: an inalienable element: the intrinsic dignity possessed simply and solely by reason of being human. This cannot be lost or diminished. It just is. And second, a dignity which is a consequence of the first, but denotes how, in the light of your dignified nature, you should comport yourself. If we say of someone ‘She’s let herself down’, we mean that she has failed to behave with the dignity expected of someone who has the high status of being human.

This account of dignity is derived straight from the notion of the Imago Dei, and from Paul’s gloss. The watered-down Stoical version simply gives encouragement to behave well: it has nothing akin to the inalienable element.

To say that the Judaeo-Christian account of dignity gives rise to all ethics and law in the western world is a big claim. I make it unapologetically. Perhaps you think that it is too extravagant. But it is plain enough that this account, or one of its iterations outside the sphere of Judaeo-Christian influence (there are several), accords as does no other with our intuitions about ourselves and about how we should act, and with the most fundamental axioms of the laws in all tolerable jurisdictions. The most enlightened parts of Enlightenment thinking originate in this account, though they are often embarrassed to admit it.

Whatever we mean by the Rule of Law, part of it is that no one is above or outside it: Jews and Greeks, and bond and free, and male and female are to be treated alike. We’re so used to the idea that we have forgotten its revolutionary roots.