Nomos, Nature, and Modernity in Brague’s The Law of God (Part Two)

For humans, the path to unity with the prime mover was through nous: humans were to follow a single ethical direction with various adjustments made to remain on this path. Virtue was not obedience to abstract rules but following practical wisdom (phronesis) as led by the primer mover’s pull. Phronesis consequently was the motion between the primer mover and humans …

Aristotelian Paradoxes

Aristotle’s right by nature (physei dikaion) was where “everywhere [it] has the same force and does not exist by people’s thinking this or that . . . and yet it is changeable—all of it (kineton mentoi pan).13 Thus, Aristotle’s physei dikaion appeared self-contradictory, where it was valid everywhere and always, but it was also everywhere changeable. One possible solution was that Aristotle wrote esoterically, although it is not clear what would be the hidden truth.14 A more likely answer was that Aristotle meant what he wrote and left it to us to figure out what he meant by physei dikaion as being both universal and contingent.

On the one hand, Aristotle argued that physei dikaion was universal: it had the same force everywhere in forbidding such acts as murder and theft. On the other hand, physei dikaion was changeable in the sense that universal principles can have diverse actualizations according to time, object, aim, and method. The criteria of time, object, aim, and method allowed us to make the distinction between killing and murder. If certain acts fell short of or exceeded this criterion (the mean), then they were considered bad, for as Aristotle wrote, “There is neither a mean of excess and deficiency, nor excess and deficiency of a mean.”15

Murder consequently did not break some abstract rule, but it missed the mean for concrete action. Although the criteria of time, object, aim, and method may appear vague, e.g., “Do not kill at the wrong time, involving the wrong object, with the wrong purpose and method,” for Aristotle, it was appropriate to a reality that did not yield a permanent, detailed standard. Moral and ethical acts were not governed “by any art or set of precepts” but rather “according to right reason” because what was right was “not one, nor the same for all.”16 Each situation must be evaluated on a case-by-case basis with the underlying universal substance of ethics—the one way of being good—driving all of the means.

This paradox of physei dikaion was personified in the mature person (spoudaios) who saw “the truth in each class of things, being as it were the norm and measure of them” and who possessed the virtue of practical wisdom (phronesis) that included other virtues, for “with the presence of the one quality, practical wisdom, will be given all the excellences.”17 Like physei dikaion, Aristotle defined phronesis paradoxically: its possessor had the “ability to deliberate well about what sorts of things conduce to the good life in general” but could produce “no demonstration” of its first principles, even though its particular actions were true in practice.18 Phronesis could not become a science (episteme) because it was bogged down in the particulars of the world, yet, at the same time, it required deliberation of what was generally good.

This paradox of phronesis can be somewhat clarified by looking at Aristotle’s concept of nous (intellect) as both divine and human. Nous was “something divine” and superior to “our composite nature,” but it also “more than anything else is man.” By following nous, humans could make themselves immortal and “strain every nerve to live in accordance with the best thing in us.”19 Thus, Aristotle discovered that human beings possessed something within themselves that was different from them and yet paradoxically was the best thing of them—something superior to humans, which they were able to locate through a cognitive faculty that Aristotle termed nous. By making this cognitive faculty both human and divine, Aristotle had shifted divinity from the anthropomorphic gods to the intellectual faculty of the human soul.

It is clear that Aristotle believed in a divinity that was superior to but connected with humans. He wrote that there were “things much more divine in nature even than man,” which included not only the heavenly bodies but also the creator god as a physical force.20 In the Metaphysics, Aristotle also stated that “first philosophy” studies ontology, eternal causes, and the “first mover” god who was “in a better state” than humans.21 However, this “first mover” was not a creator god. Aristotle conceived of it as a final cause and not as one who set things in motion. The prime mover therefore was not the cause of the world, but the preservation of it by its rational and love-inspiring attraction.22 Thus, for Aristotle, the notion of divinity had shifted from the anthropomorphic gods to both the human intellect and the prime mover, the two of which were different yet attracted to each other.

Nature therefore was all of reality’s present form moving towards the prime mover. Defining nature as a member of “the class of causes that acts for the sake of something,” Aristotle declared that the “form” of any reality and the “mover” of any nature often coincide.23 If nature could become identical with divinity, then it would be both natural and divine. Like nous, nature was both divine and non-divine in its composition, with the latter being drawn towards the former. This claim rested upon the human reflection of their nous: “The object of our search is this—what is the commencement of movement in the soul? The answer is evident: as in the universe, so in the soul, it is God. For in a sense, the divine element in us moves everything.”24 As a result of this conceptualization of nature, Aristotle’s physei dikaion was the attraction that humans have both physically and ethically to the prime mover.

The apparent contradiction in Aristotle’s physei dikaion—it was universal in force but changeable in action—was resolved by his understanding of nature’s being everything and everywhere and having a dual final cause at the same time. All of reality sought unity with the prime mover and for what it was supposed to be. For humans, the path to unity with the prime mover was through nous: humans were to follow a single ethical direction with various adjustments made to remain on this path. Virtue was not obedience to abstract rules but following practical wisdom (phronesis) as led by the primer mover’s pull. Phronesis consequently was the motion between the primer mover and humans that occurred within the nous of the mature person (spoudaios).

Strauss, Brague, and Greek Philosophy

Given the variability of phronesis, Aristotle denied it the status of science (episteme) while categorizing it as a deliberate intellectual virtue. The universal-variable principle of phronesis, the many practical paths towards the prime mover in ethical action, precluded logical and consistent proofs. But the universality of the objective was unchanged, which allowed the spoudaios to make decisions rooted neither in relativism nor deontology but something in between as a physei dikaion. However, if physei dikaion cannot be studied at the level of episteme, how can it be demonstrated, especially with regard to Strauss’s and Brague’s differing understandings of nature’s relation to divinity? Is a theory of natural rights only accessible by an autonomous reason that uncovers a nature devoid of divinity? Or does a theory of natural right rest upon an account where both nature and reason are consubstantial with divinity?

The impossibility of studying physei dikaion at the level of episteme certainly restricts the types of demonstration of its existence where the objects of natural reason can be known as the “experiences as can be had by all men at all times in broad daylight.” Such an account of physei dikaion cannot be verified by the positivism that Strauss seemed to advocate or that modern science demands. Deductive and logical reasoning are also avenues that are blocked, since physei dikaion has no axioms from which one can reason to conclusions or first principles. By relying upon habituation in virtue and the experience of a mature person to make correct judgments, physei dikaion is beyond the grasp of those who are neither virtuous nor mature. In short, the traditional demonstrations are not available for the proof of physei dikaion.

The demonstration of physei dikaion is the same as the demonstration of nous as something both human and divine. To repeat from above, Aristotle wrote about his claim of nous, “The object of our search is this—what is the commencement of movement in the soul? The answer is evident: as in the universe, so in the soul, it is God. For in a sense, the divine element in us moves everything.”25 Aristotle appealed to a philosophical introspection of human experience for the demonstration of nous and, one could infer from his other statements, for physei dikaion, too. The acknowledgment that an action is ethical—that it is right by nature—can be verified by others not through empirical, mathematical, or modern scientific reasoning but through the introspection of one’s own experiences as a mature, serious, and virtuous person.

Some may find this proof unsatisfactory because it lacks the objective character that positivism claims for itself. Be that as it may, it should be evident after investigating Aristotle’s concepts of nature (physis), right by nature (physei dikaion), human intellect (nous), and practical wisdom (phronesis) that Aristotle had rejected an epistemological framework of sense-based, logically consistent propositions that Strauss advocated. The end result is that Aristotle’s physei dikaion is not the theory of natural rights that Strauss attributed to Greek philosophy. Aristotle’s appeal to the philosophical introspection of one’s own experiences as a mature person (spouadios) to verify whether one’s actions were physei dikaion is as different as can be when compared to Strauss’s account of Greek philosophy. Simply put, when compared to Brague, it appears that Strauss had misread Aristotle and, perhaps more broadly, misinterpreted Greek philosophy.

However, Brague’s account of Greek philosophy as one where the concept of divinity became separated from anthropomorphic gods to reside in physis is only partially correct. What Brague fails to account for is Aristotle’s prime mover as the other repository of divinity.26 That is, physis was the expression of divinity as an intelligible, rational structure, but this expression was incomplete because it longed for unity with a prime mover. Physis therefore had a dual telos: it sought to realize its own essence as well as unity with the prime mover. The neglect of the prime mover—and Aristotle more generally—in Brague’s work does not weaken his overarching argument, but it does not strengthen it either.

Notes

13. Aristotle, Nicomachean Ethics, 1134b18–20.

14. It would seem unlikely that Strauss would make Aristotle a nihilist, given his remark that the philosopher needs to have a type of faith in his quest to know the whole of reality.

15. Aristotle, Nicomachean Ethics, 1106a25–1107a26.

16. Ibid.,1103b31–1104a9, 1106a32.

17. Ibid., 1113a30–35; 1144b30–1145a1.

18. Ibid., 1140a24–1140b30; 1142a11–30; 1146b35–1146a7.

19. Ibid., 1177b27–1178a8.

20. Ibid., 1141b1–2; also see Aristotle, Metaphysics, 98b–984a.

21. Aristotle, Metaphysics, 1003a–1005a, 1026a.

22. Ibid., 1072a20–1072b4; 984b15–20.

23. Aristotle, Physics, 198a20–198b10.

24. Aristotle, Eudemian Ethics, 1248a25–7.

25. Ibid., 1248a25–7.

26. Cf. n. 12.

Originally published in The Political Science Reviewer.

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