Mirror of Justice

A blog dedicated to the development of Catholic legal theory.
Affiliated with the Program on Church, State & Society at Notre Dame Law School.

Thursday, September 23, 2004

Subsidiarity as Subversion

I have a new paper titled Subsidiarity as Subversion: Local Power, Legal Norms, and the Liberal State, which is posted under my name in the right-hand column. The paper starts with the observation that subsidiarity seems to be a doctrine that is endlessly moldable, depending on one's preexisting view of society's proper organization, as witnessed through its invocation by actors as diverse as Catholic social progressives, the European Union and the Bush Administration. In reality, though:

Subsidiarity’s seeming vacuity arises only when the doctrine is shorn from its surrounding web of truth claims; therein lies its vulnerability to secular domestication. This article seeks to recapture the radical edge of subsidiarity by reconnecting its localizing framework with the substantive anthropological vision of solidarity. Understood in this context, subsidiarity reveals itself as a proposition that is fundamentally subversive to the hyperindividualist norms espoused and increasingly enforced by the liberal state. Specifically, subsidiarity calls for individuals and communities to recognize the objective value of the human person as they strive to meet the needs of those around them.

This call stands in direct opposition to modern America’s brand of liberalism, which appears to value consumer autonomy above all else and increasingly seems willing to collectivize its consumerist norms by legally precluding the exercise of moral agency by providers of certain goods and services. In this regard, the maintenance of subsidiarity’s framework will require a vigorous defense of moral autonomy beyond that of the consumer. This takes us into the realm of value pluralism, for the surrounding society’s emerging conception of the common good appears unlikely to embrace such a defense. In other words, for subsidiarity to continue facilitating the common good as conceived of by Catholic social teaching, society must be persuaded to make room for multiple conceptions of the good, not simply seek to collectivize the Church’s anthropologically authentic conception.

I welcome any feedback on my argument. For those interested, I'll be presenting the paper on October 8 at Villanova's Conference on Catholic Social Thought and the Law.

Rob

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