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, June 5, 2008

Is solidarity utopian?

Thanks to Michael for forcing my paper on his captive audience.  As for his student's suspicion that my espousal of solidarity is "utopian," I disagree to the extent that "utopian" refers to an unrealistic vision for an entire society.  Solidarity is not premised on the likelihood of its universal adoption.  The Catholic notion of reciprocity does not hold that I should resist living out the truth of the Gospel until those with whom I interact also agree to live by that truth.  I am called to live out that truth regardless of consequences.  That's where subsidiarity comes in -- solidarity is so radically opposed to prevailing social norms (and fallen human nature?) that the best we can hope for from the state is freedom to strive to act according to solidarity's call.  (The state can and should act consistently with solidarity, but state action will never fully embody solidarity.)  Reciprocity requires me to recognize that my invocation of rights only makes sense if it occurs against a backdrop of corresponding responsibilities.  Of course I should encourage others to recognize, and act according to, this notion of reciprocity, but reciprocity does not function as some sort of trigger without which I'm relieved of observing other social principles that flow from human dignity.

So will the solidarity-observing human person lose out to the self-preferring person on a regular basis?  I suppose it depends on how we understand what it means to "lose out," but there will undoubtedly be times when the other-focused person misses out on some of the trappings of "success" and "enjoyment" in this life.  Some examples are easy -- who hasn't thought of really fun ways to spend the money that goes into the offering plate at church?  More generally, though, I agree with the student that the cost of solidarity is clearly a buzzkill in many areas of life where preferring the self is seen as a ready vehicle for pleasure maximization.  The legal academy is undoubtedly one of the more self-aggrandizing professions that I have encountered, and I think it makes the practice of solidarity significantly more difficult, at least for me.  I tell myself that I'm just promoting my ideas, not myself, but I'm dubious. 

In any event, you can download the paper in question here.  In fact, please download it!  Get your friends to download it!  Repeatedly!  Boost my SSRN numbers our society's understanding of solidarity!

https://mirrorofjustice.blogs.com/mirrorofjustice/2008/06/is-solidarity-u.html

Vischer, Rob | Permalink

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