If
You Have Done Nothing Wrong, Have You Anything to Fear?
by
Dmitry Chernikov
by Dmitry Chernikov
Saints are
the freest of all human beings. Now three things are necessary in
order for a goal to be accomplished: (1) a person ought to want
to accomplish it; (2) he must know how to do so; and (3)
he must be strong enough to overcome the obstacles standing
on the way to his goal. Saints have an unyielding desire for their
own happiness, they are wise enough to know the myriad of laws by
following which happiness is achieved, and they are powerful beings
who will move mountains, as it were, to get what they want. (Conversely,
sins may be due to malice, ignorance, or weakness.) Therefore, saints,
having pure desires and, with their wisdom and strength, have no
fear of divine punishment or what is known as "servile"
fear. To be more precise, the greater one’s charity and virtues
are, the less servile fear one will feel, though it never goes away
completely until a person is confirmed in goodness in heaven. This
is so for two reasons. First, because charity produces ecstasy,
which is a kind of standing outside oneself, a self-forgetfulness
in which there are no more battles to fight but everything "just
works." (This self-annihilation, paradoxically, results in
a kind of an explosion of self, such that you are in everybody
and everybody is in you; all boundaries are dissolved by love, yet
one’s personality is not only not erased but is actually sharpened.)
Second, virtues are good habits, such that love and good deeds are
in a virtuous person almost automatic and are enjoyed, which
is why a saint is more confident of his heavenly reward and less
fearful of punishment.
(The other
type of fear, called "filial fear," is the fear of losing
God, His favor, and happiness, as a child might fear offending his
father, and it actually increases with charity. The former
is thus associated with the pain of sense, the latter with the pain
of loss.)
Because saints
are without servile fear, they are free. They can do whatever they
want and know that they will not be punished; nay, rewarded. In
short, then, saints have a lot of fun. "Commit to the
LORD whatever you do, and your plans will succeed." (Prov 16:3)
Well, before
this turns into a theology column, let us see what happens when
God is replaced by the state.
First, let’s
switch our attention from divine laws onto human laws. Human laws
are imperfect. Sometimes they permit what they ought to prohibit
and prohibit what they ought to permit. Therefore a moral action
(in this case, one that should not be punished by infliction of
violence) may turn out to be illegal and, conversely, a lawful action,
immoral. It follows that even if you have done nothing wrong or
even, in fact, done something praiseworthy, the state may punish
you for it. The greater the disconnect between good laws and actual
laws, the more virtuous men have to fear from the authorities, and
the less the evildoers do.
Second, let’s
consider enforcement. God is no respecter of persons. Prince or
pauper, all will be judged by the same law. Hayek, following Aristotle,
calls this system "isonomy," which he defines as "equality
of law to all manner of persons" or, simply, the "rule
of law." The rule of law is not a panacea, for the laws can
be bad, as stated above. But because human law enforcement, unlike
God’s, contains a degree of arbitrariness, isonomy is a means to
minimizing this solecism. There is no need here to show the extent
to which the rule of law is practiced in different countries. It
is clear that even in the United States there are many defects in
the system. Hence even when one has broken no law, nevertheless,
one may fear persecution from an arbitrary will of someone in charge
of the apparatus of state. The more numerous the regulations and
the vaguer they are, the more discretion is given to the enforcers.
This is especially dangerous to enemies of the state who
fight the power, as it were, with truth, by evading with deft maneuvering
the state’s manipulative decrees, by resisting openly by force,
or by articulating correct visions of a good society. There is nothing
the state hates more than these. And the state will target all competing
power centers.
Third, and
I hope you have discerned the pattern by now: I am going through
the three branches of government, God’s judgment is adorned with
perfect wisdom. He knows exactly how many "points" of
merit a person has accumulated and therefore his place of honor
in the heavenly hierarchy. But human justice is less pleasant. Judges
and juries do not know our secret thoughts and concealed deeds.
They can be deceived. They can be stupid. Even an accusation is
enough to isolate a person from his community and from his friends.
Defending oneself in court can be expensive to the extent of plunging
a person into debt. Same conclusion follows again: one may be blameless,
yet have
his life ruined by an indictment, a trial, an incorrect verdict,
or an unjustified sentence. (This can, of course, run the other
way: a criminal can get away with his crime, as well.)
It
should be clear then that the common admonition that we have nothing
to fear from the state if we have done nothing wrong is false even
on the face of it. The state is not God; when will we understand
that? In the 20th century in many societies good men and women learned
to fear the state, while the worst rose to the top. What we must
do therefore is make it on earth as it is in heaven by restraining
and scaling down the state and by breaking down its monopoly without
any reverence for it, lest it turns evil, as it has so many times
in human history, and as it has now in a
variety of ways.
July
25, 2006
Dmitry
Chernikov [send him
mail] is a graduate student in philosophy at Kent State University.
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© 2006 LewRockwell.com
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