The next book that we are going to take an in depth look at is Law and Liberty by Rousas John Rushdoony. This book, which was developed from radio addresses by the same, is a critical read for any who are interested in the cataclysmic changes that have rippled across our nation and the world in recent years. Instead of going chapter by chapter, I will be dealing with this book in its totality with the freedom to move more fluidly through the topics. What I would like to keep in focus is the great prescience of the author who, although recording these observations in the 1960’s, put a spotlight on what truly plagues our society today.
A large portion of Rushdoony’s work centers on law. He starts with the common saying that “we can’t legislate morality”(pg.1) Quite rightly, he posits that while there is a sense of truth in the statement such that laws do not and cannot make men moral, taken in concert with what is truly implied in the statement it is a dangerous lie. The reason behind this is that ALL laws are evidence of a system of morality. While one may disagree with a source of morality laws are based on, this by no means refutes the idea that a system of morality IS the foundation for that law. Law is thus based in morality, and morality must have its foundation in a religion of some sort. As Rushdoony states on page 2, “Law rests on morality and morality on religion. Whenever and wherever you weaken the religious foundations of a country or people, you then weaken the morality also, and you take away the foundations of the law. The result is the progressive collapse of law and order.”(pg. 2)
Is this not the very same thing that we, as Americans, are seeing played out before our very eyes and at an ever increasing pace. I think it is important to notice that Rushdoony shows a causal connection between the weakening of religion first, followed next by the collapse in law and order. It is critical to understand that many, as Americans, are a part of this collapse whether actively engaged in it or not because when the foundations of our Christian heritage erode, morality subsequently suffers and the end result is the collapse that we now see daily in the news. If you add the apathy of the general population to those that purposely advocate for the destruction of our religious base, the end result is predictable as evidenced by Rushdoony making these observations 50 years ago. Before moving on to the next point, let’s take a look at Rushdoony’s critique of these apathetic Americans that he gives in a later chapter on Custom and Morality. Rushdoony states that, “the greatest asset to any revolutionary group is a large body of people who are governed by conventions or customs. With such people, since appearance is all that matters, the country can be gutted of its historic position, constitutionalism, and liberties, and there will be no objection as long as the form is attained.” (pg. 110) He goes on to say that these people are the “butter and bread of all revolutionary groups; they finance them, support them, and defend them, because they too are revolutionaries.”(pg. 111) Rushdoony identifies and condemns this group with this last statement, “this means that we cannot treat these people who sit complacently in apostate churches, and who ignore all subversion in the political order, simply as blind people. They themselves are the first great wave of social revolution, of moral anarchy and national and religious decadence.”(pg. 111)
What do we have to say to Rushdoony’s point, to defend our society against his charges? Without first bringing in Rushdoony’s points on religion, it is obvious to the even the most casual observer that there is a distinct collapse in law and order in our society. The disregard for life, financial responsibility for the individual and the government, scandals across the spectrum and a whole host of other societal blights are the news of the day. If this can be agreed on then we must take the next step and ask how this has happened so quickly? It is when we ask this question that we see the truth in Rushdoony’s initial tie between religion and law. In a society that had maintained its religious foundations, it is clear that it would not be under this same intensity of collapse. Sure, there would always have been those few legal excursions to reverse our common law and failures in society, but these would have been less commonplace and more easily identified from the background of a people united in Christian faith. Instead, when Christianity was weakened, our foundation eroded and there was no longer the capability of clearly defining where those revolutionary changes were happening in our society. Fueled by moral anarchy and national decadence, we became ripe for the picking when those more determined revolutionaries stepped from behind the scenes to speed up the decay we now see. When the light is no longer bright enough to keep those parties in the shadows, then truly we have crossed a chasm that cannot be retraced without suffering massive repercussions. Are you a Christian? If you answer yes, then be knowledgeable in your faith and the practically outworking of that in all of your life. If you are not a Christian but still concerned with the direction of the country, then at least consider that the destruction of our common religious underpinnings is nothing more than an attack on those ideals that you still hold dear. No matter what you view though, at least acknowledge that when the religious foundation of our laws and society are attacked, the price to pay will not be for those holding that religion alone, but is the cause of other ills that will affect the country in its entirety.
In keeping with the last discussion, we will pick up on Rushdoony’s view of humanistic law. “Now humanistic law has a different purpose. Humanistic law aims at saving man and remaking society. For humanism, salvation is an act of state.”(pg. 3) For the humanist, their goals will be met through social change because, as they see it, the very salvation of man is involved. As this foundation for law becomes further entrenched in society, then the opponents of that law can then be defined as evil conspirators against the good of society. We can see this evidenced in our society where the idea has already taken hold that those holding to Christian beliefs are not only not desired in the public circle, but viewed as actively subversive to the progressive advancement of society. Make no mistake; the humanistic religion that underlies this humanistic law is just as demanding as any traditional religion and its adherents as radical as the most denigrated zealot. Rushdoony is right when he says that those in leadership positions today are “intensely moral and religious men, deeply concerned with saving men by law.”(pg. 4) With salvation of men in the balance of the political and legal decisions that are handed down, it is no surprise that our civil and judicial institutions find no problem in violating those spheres of responsibility that they have no business being in. As we go back to the statement that morality cannot be legislated, we now understand clearly that what is really desired is no Christian legislation of morality because the religion of humanism cannot tolerate another power on the scene. Given 50 years since Rushdoony made his statement, it is clear that the missionaries of this humanistic law have been busy and their tentacles are firmly wrapped around our educations, political and judicial systems. If you want to understand why radical change is necessary, this is the answer, it is for your own good whether you like it or not.
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