Nightcap

  1. The Protestant Reformation and freedom of conscience Bruno Gonçalves Rosi, NOL
  2. The Counterfactual and the Factual Mark Koyama, NOL
  3. The Protestant Reformation and freedom of conscience II Bruno Gonçalves Rosi, NOL
  4. Freedom of Conscience and the Rule of Law Federico Sosa Valle, NOL

Freedom of Conscience and the Rule of Law

Of course the concept of “freedom of conscience” was forged in Europe by Spinoza, Locke, Voltaire, John Stuart Mill, and many other philosophers. But the freedom of conscience as an individual right that belongs to set of characteristics which defines the rule of law is an American innovation, which later spread to Latin America and to the Old Continent.

This reflection comes from the dispute which has been aroused in Notes On Liberty about the Protestant Reformation and freedom of conscience. Now, my intention is not to mediate between Mark and Bruno, but to bring to the Consortium a new line of debate. What I would like to polemize is what defines which rights to be protected by the rule of law. In this sense, might we regard a political regime that bans freedom of conscience as based on the rule of law? I am sure that no one would dare to do so. But, instead, would anyone dare to state that unification of language in a given country hurts the rule of law? I am afraid that almost nobody would.

Nevertheless, this is a polemical question. For example, the current Catalan independence movement has the language of Catalan as one of its main claims, so tracing the genealogy of the rights that constitutes the concept of rule of law is a meaningful task —and this is why the controversy over the Protestant Reformation and the origin of Freedom of Conscience at NOL is so interesting.

Before the Protestant Reformation, the theological, philosophical, scientific, and political language of Europe was unified in Latin. On the other hand, the languages used by the common people were utterly fragmented. A multiplicity of dialects were spoken all over Europe. The Catholic Kings of Spain, for example, unified their kingdom under the same religion, but they did not touch the local dialects. A very similar situation might be found in the rest of Europe: kingdoms with one religion and several dialects.

There was a strong reason for this to be so. Before the Medieval Ages Bibles in vernacular had existed, but the literacy rate was so low that the speed of evolution and fragmentation of the dialects left those translations obsolete and incomprehensible. Since printing books was extremely costly (this was before the invention of  the printing press), the best language to write and print books and constitutional documents was Latin.

The Evangelical movement, emerged out of the Protestant Reformation, meant that final authority of religion was not the Papacy any more but the biblical text. What changed was the coordination problem. Formerly, the reference was the local bishop, who was linked to the Bishop of Rome. (Although with the Counter-Reformation, in some cases, like Spain, the bishops were appointed by the king, a privilege obtained in exchange for remaining loyal to the Pope). On the other hand, in the Reformation countries, the text of the Bible as final authority on theological matters demanded the full command of an ability not so extended until that moment: literacy.

It is well-known that the Protestant Reformation and the invention of printing expanded the translations of the Bible into the vernacular. But always goes completely unnoticed that by that time the concept of a national language hardly existed. In the Reformist countries the consolidation of a national language was determined by the particular vernacular which was chosen to translate the Bible into.

Evidently, the extension of a common language among the subjects of a given kingdom had reported great benefits to its governance, since the tendency was followed by the monarchies of France and Spain. The former extended the Parisian French over the local patois and, in Spain of the XVIII Century, the Bourbon Reforms imposed Castilian as the national Spanish language. The absolute kings, who each of them had inherited a territory unified by a single religion, sowed the seeds of national states aggregated by a common language. Moreover, Catholicism became more dependent on absolute kings than on Rome —and that is why Bruno finds some Catholics arguing for the separation of Church from the state.

Meanwhile, in the New World, the Thirteen Colonies were receiving the European immigration mostly motivated on the lack of religious tolerance in their respected countries of origin. The immigrants arrived carrying with them all kind of variances of Christian confessions and developed new and unexpected ones. All those religions and sects had a common reference: the King James Bible.

My thesis is that it was the substitution of religion for language as the factor of cohesion and mechanism of social control that made possible the development of the freedom of conscience. The political power left what was inside of the mind of their subjects a more economical device: language. Think what you wish, believe what you wish, read what you wish, write what you wish, say what you wish, as long as I understand what you do and you can understand what I mean.

Moreover, an official language became a tool of accountability and a means of knowing the rights and duties of an individual before the state. The Magna Carta (1215) was written in Medieval Latin while the Virginia Declaration of Rights (1776), in English. Both documents were written in the language that was regarded as proper in their respective time. Nevertheless, the language which is more convenient to the individual for the defense of his liberties is quite obvious.

Often, the disputes over the genealogy of rights and institutions go around two poles: ideas and matter. I think it is high time to go along the common edge of both of them: the unintended consequences, the “rural nomos,” the complex phenomena. In this sense, but only in this sense, tracing the genealogy – or, better, the “nomology” – of the freedom of conscience as an intended trait of the concept of “rule of law” is worth our efforts.

The Protestant Reformation and freedom of conscience II

Some months ago I posted a text on the connection of the Protestant Reformation and freedom of conscience. About it, fellow Notewriter Mark Koyama tweeted:

“Disagree or at least the effect of the Reformation on freedom of conscience was indirect. Just read Luther or Calvin on religious freedom!”

I’m not sure what he means. What should I read that Luther or Calvin wrote? Please, be more specific. I read a lot of Calvin and a little of Luther, but I maintain my point: there is a strong connection between the Protestant Reformation and freedom of conscience. I may, however, agree that this connection is indirect.

When Max Weber connected the protestant ethics to the “spirit” of capitalism, he was very careful to say the following: John Calvin and Martin Luther couldn’t care less about economics. The salvation of the soul, and only that, was their concern. Nevertheless, the ideas they preached set in motion a process that resulted in the development of modern capitalism. My observation about the connection between the Protestant Reformation and Freedom of Conscience is similar to that: maybe we will not be able to find in Luther or Calvin an advocacy of what we understand today as freedom of conscience. But it is my firm understanding that we will find in them the seeds for it. Actually, it’s more than that: we would find the seeds for it in Jesus Christ himself. When Jesus said “give to Caesar what is Caesar’s and to God what is God’s” he already established the separation of church and state. The Apostle Peter did the same when he said that “it is more important to obey God than men”, and so did the Apostle Paul when he established limits to the power of secular authorities in his epistle to the Romans. We could go even further and find seed to it in the prophet Samuel, when he warned the people of Israel of the potential tyranny of kings. All this was somehow lost when, from Constantine to Theodosius I, Christianity became the official religion of the Roman Empire, and also when Charlemagne was crowned emperor by Pope Leo III. The wall between church and state was severally breached.

So, again, I never actually said that John Calvin or Martin Luther were, to our modern standards, champions of religious freedom. That’s a statement I never made. Both were opposites of the Anabaptist and wrote extensively against them. Granted, some Anabaptists were very much the 16th century version of ISIS (important! I’m in no way putting an equal sign between these two groups! Please, don’t misread what I write), and I’m actually really happy those two opposed them. But other Anabaptists were peaceful (such as the Mennonites) and suffered along. We can also mention the bitter opposition Luther had to Jews at one point in his life. But regardless. What I said is that the religious freedom we enjoy in our world today is to a great degree a product of the Protestant Reformation. As much else in history, this is not a clear cut transformation, but a gradual one.

What I proposed was technically a counterfactual: no Protestant Reformation, no freedom of conscience as we know today. Of course, history has one big problem with counterfactuals: we can never rewind the tape of history and then play it again changing just one detail. But I believe that, as much as we can compare History to a more empirical discipline, we can say that without the Protestant Reformation we would not know freedom of conscience as we know today. As I mentioned in my first post, this was not a clear cut passage in history. When we talk about causality in history, very few things are. What I meant is that the Protestant Reformation was to a major degree the breaking point that lead to our modern understanding of freedom of conscience.

But what was the Protestant Reformation, anyway? The Protestant Reformation was mainly a religious movement in Western Europe that lead to the break of the unity of Western Christianity. It was not a perfectly cohesive movement. When we talk about “Protestants”, the group that best fits this description are some Lutheran princes that “protested” against the anti-Lutheran policies in the Holy Roman Empire in the 1520s. But very soon the name protestant began to be used to describe any non-catholic group that appeared in Western Europe in the 16th century. From that we have four main protestant groups: Lutherans (called simply evangelicals in Germany and other areas in Europe), Reformed (or Calvinists, after the major influence of John Calvin over this sect), Anabaptists and Anglicans (who sometime don’t even like to be called protestants).

Martin Luther and John Calvin may have been the great stars of the reformation, but they were most certainly not alone. Just to mention a few, we can remember Huldrych Zwingli, Martin Bucer William Farel, Thomas Cranmer and John Knox as great leaders of the reformation. These men were united in their opposition to the Pope in Rome, but had many disagreements among them. Certainly they knew what united them and where they disagreed. But they were not wish-wash about what they believed. But still we can notice the desire to tolerate differences and unite on essentials. Philip Melanchthon, a great friend to Martin Luther and also a great early Lutheran theologian would be an excellent example of this attitude. Zacharius Ursinus, the main author of the Heidelberg Catechism would fit just well.

Extremely early on in the history of the Reformation we have Martin Luther on the Diet of Worms stating that “Unless I am convinced by the testimony of the Scriptures or by clear reason (for I do not trust either in the pope or in councils alone, since it is well known that they have often erred and contradicted themselves), I am bound by the Scriptures I have quoted and my conscience is captive to the Word of God. I cannot and I will not recant anything, since it is neither safe nor right to go against conscience. May God help me. Amen.” Yeah, some people may contest that he never uttered these words, and that the whole episode is but a myth. Regardless, it came to encompass the spirit of the Reformation as few other moments.

Some may say that I have a very stretchy definition of the Reformation, but in general, when I think about it, I define it chronologically as a period that goes from Luther to the Westminster Standards, so, about a century and a half of religious transformations in Europe. In that way, Luther was just the start of this religious movement. Calvin was already a second generation reformer. Many theologians would follow in the next century or so. Each one would build on the knowledge of the previous generation, coming, among other things, closer to our modern understanding of religious freedom and freedom of conscience. That’s why we may be unable to find much about religious freedom in Luther or Calvin (as Mark seems to claim in his tweet), but we already find a whole chapter on it in the Westminster Confession of Faith.

Between Luther and the Westminster Assembly we had many notable events. For instance, the Augsburg Peace of 1555, that already granted some level of religious freedom to Catholics and Lutherans in Germany. It was not a perfect agreement, so much so that it couldn’t avoid the Thirty Years War (1618-1648), ended by the Peace of Westphalia. This peace agreement took religious liberty to a new level. Very importantly, as Daniel Philpott already observed: no Protestant Reformation, no Thirty Years War, no Peace of Westphalia, no International Relations as we know today. I could add no secular states and no religious freedom and freedom of conscience as we know today. We also had the English Reformation, with the Puritan Reformation in between. From England to the other side of the Atlantic the story was even more interesting, with puritans and nonconformist seeking for a place where they could exercise their religion freely.

I’d like to remember also that one of the mottos of the Reformation was “Ecclesia semper reformanda est,” the church must always be reformed. There is a classical period of the Reformation, stretching from the 16th to the 17th century, or from Luther’s 95 Theses to the Westminster Standards. But the Reformed (or more broadly, protestant) churches didn’t stop there. We still have important developments in protestant theology in the following centuries, and even today. Maybe John Calvin and Martin Luther are not the best way to look for a broader version of freedom of conscience. But the religious movement they helped to start, building on their foundations, helped more than anything I can think of to establish what we know today as freedom of conscience. In my last post I mentioned John Wesley. But I could just as well mention William Penn, Roger Williams and many others. William Penn, a Quaker, founded Pennsylvania, to where many people (Catholics included) fled in search of freedom of conscience. Roger Williams, a Baptist, was the original source for the concept of “wall of separation” between church and state, that years later, in 1802, Thomas Jefferson would quote in a letter to the Danbury Baptist Association.

Anyway: as I mentioned several times already, very few changes in history are clear cut. It is also pretty trick to identify causality in history. But I believe that, as far as we can go with that, the Protestant Reformation was a major changing point to what we have today as freedom of conscience, a freedom as basic as one can get in a classic liberal society.