Hobby Lobby vs. the Order of Justice
Ross Douthat affectionately calls out me and Rod Dreher for applauding Patrick Deneen’s moral-economic brief against Hobby Lobby and other big-box retail chains. He laments that the paleo/crunchy-con mentality tends toward self-marginalization.
Speaking only for myself, I actually agree with Ross.
I’m not Catholic. I’m not a traditionalist (if I were, I’d have a lot of explaining to do regarding that infatuation with Keith Richards). When asked to describe my politics, lately I call myself a good-government Bush 41 conservative. (I maintain that H.W. was inferior to Reagan as a communicator and politician—obviously—but at least as great, and maybe even better, a president. I think his leadership during the meltdown of the Soviet empire was brilliant, and I’d take Dick Darman over Grover Norquist every day of the week. Sue me!)
All that said, I fear I’ve muddied the waters on where I agree with Deneen, and where I part ways with him (as well as, I’m going to presume, Dreher).
I am taken with Deneen’s argument that there is an uninterrupted continuum between the Founding (“progressive” in a Baconian sense) and the present; that classical liberals and modern liberals are both liberals. If there’s anything remotely distinctive about my blogging here and at U.S. News since ’10, I hope it’s been a counterweight to the despair of both moral traditionalists like Deneen and Dreher and market purists-slash-declinists like Kevin Williamson. My gravamen, my conceit, my shtick is this: Government has grown alongside our continental economy. There is not a hydraulic relationship (one goes up, the other goes down) between markets and government. If our capitalists were smart, they’d favor effective social insurance alongside free enterprise. Etc.
While I sympathize, somewhat, with Deneen’s aesthetic recoil from Hobby Lobby and strip malls and big boxes, I don’t get nearly as exercised about such things as he does. In any case, I don’t think there’s much that can be done practically to change it at the level of policymaking. I’m all for traditionalists and orthodox believers bringing their beliefs to bear in the marketplace. To the extent that I used the Hobby Lobby case as a springboard for my last post, it was only tangentially about contraception and religious liberty. My beef is not with religious conservatives participating in modern capitalism; it is with those who conflate modern capitalism and the Constitution with Judeo-Christianity. I have a beef with them because this conflation, I believe, is one of the main drivers of our current antigovernment ferocity, the rampant and irrational fears of inflation, and the counterproductive fear over short-term budget deficits.
I could be wrong about that.
In any case, I don’t think I made this point clear in my post on Hobby Lobby (which, for the record, I had never heard of before it became news).
While I’m at it, I might as well spell out what I think about the particulars of said case. On that score, I’ll associate myself with Yuval Levin’s recent post in NRO’s Corner. He writes that conservatives:
take the arrangement of rights and liberties at the core of the liberal-democratic understanding of society to exist in the service of sustaining the space in which society thrives, rather than of taking society “forward” and away from its roots. There is room in that space for different parts of society to sustain quite different ways of living, and room for people to debate our broader society’s social and political course – which can take different directions at different times in response to different circumstances. Liberty is not the yearned-for endpoint of that story, when we will be free at last from the burdens of the past. Liberty is what exists in that space now, what allows for different people (and groups of people) to pursue different paths and debate different options, and what allows society to address its problems in various ways as they arise. Liberty is not what we’re progressing toward but what we are conserving.
Here, Levin calls to mind Garry Wills’s distinction between the progressive-liberal “order of justice” and the “order of convenience.” To sum up a complex essay, Wills believed it should not be the aim of the state to dispense “raw justice” (Chesterton’s phrase), but rather to facilitate convenience (in the John Calhoun sense of the word—to “convene” or “concur” or bring about social peace). Sounding a lot like Burke and Nisbet, Wills wrote:
For if the state arises out of man’s social instinct, then the state destroys its own roots when it denies free scope to the other forms of social life. The state, when it is made the source of justice, must be equally and instantly available to all citizens; and, in achieving this, in sweeping away the confusion of claims raised by families, economic orders, educational conventions, codes of conduct, natural gradations of privilege, the Liberal leaves society atomized, each man isolated, with all the weight of political power coming unintercepted upon him. The higher forms of organization do not grow out of and strengthen the lower, but counter and erase them. This is what happened under the Order of Justice from the time when Plato pitted the state against the family to the modern breakdown of divided jurisdiction in the centralized state. …
The state, as extending throughout all other levels of social solidarity, must have a certain neutrality towards them all, and as the order-enforcing agent, it must take upon itself a certain negative, punitive function. This neutral and negative aspect of the state will be perverted, and become a positive push—as life-giving, rather than life-preserving—if the other forms of spontaneous activity wither; or if the state officials try to use their power to call up a positive vision of their own; or if politics is considered the all-inclusive area of man’s achievement of excellence. …
A proper order of convenience would be able to accommodate Hobby Lobby’s religious objections. On this matter and others, the Obama administration seeks an order of justice. I hope, in this case, that it loses.