secular systems, at least
within the United
States,
than are found in the concept of sovereign
immunity and in the act of apostasy.
Sovereign immunity refers to the principle that the sovereign, which within the
United
States
refers primarily to the federal government, cannot be the target of criminal or
civil prosecution or action. In essence, the state can do no wrong. Apostasy on
the other hand is defined in A Church
dictionary, by Walter Farquhar Hook, as “A forsaking or renouncing of our
religion, either formally, by an open declaration in words, or virtually, by
our actions.” As defined by the Constitution, the comparable act with regard to
the United
States
is termed treason.
Treason is a
crime specified by the Constitution. From the perspective of the model that we
are pursuing, treason entails an act of apostasy against the trust
infrastructure that forms the basis of governance within the United State. While Congress can establish the
punishment for treason, the specifics of the criminal act itself are defined in
Article III, Section 3 of the Constitution. There, we find that “Treason
against the United States, shall consist only in levying War
against them, or in adhering to their Enemies, giving them Aid and Comfort.”
The fact that the crime of treason is rarely prosecuted, whether during times
of war or peace, is a testament to the power of metaphorical understanding. In
normal situations, adherence to a person or a person’s ideas is a well defined
concept. Similarly, the concepts of providing aid and comfort are relatively
straightforward as well. Given the spectrum of political thought within the United States, this would seem to constitute a rather
low bar that an overt act must clear in order to be rendered treason. In fact,
however, the bar is viewed by the courts as being quite high indeed. Nonetheless,
the crime is there; established within the primary trust infrastructure of the
social order. Consider then its corollary within more purely religious orders.
The first of the
Ten Commandments found in both Christianity and Judaism includes the
admonition, “Thou shall have no other gods before me.” In either religion, to
renounce the primacy of God is to commit an act of apostasy. Within a theistic
religion, the specification of policy is typically perceived to come directly
from the deity. Hence, the admonition is one grounded within the trust infrastructure
of the social ecosystem. Under both Christianity and Judaism, the punishment
for leaving the faith is a judgment to be ultimately rendered by God. Under
Roman Catholicism, the limit of earthly punishment is typically
excommunication; in essence, a direct recognition by the social order of the
act of the apostate. Under Islam, the crime of apostasy is treated much more
severely; particularly within theocratic states. There, the punishment can be death.
With respect to
the concept of sovereign immunity, the major theistic religions indicate that
the actions of God are without limit and without suppliant recourse. We will
consider this concept in a bit more detail in Chapter 10. For the moment, we
note that within these theistic religions, God is perceived to work in
mysterious ways and for reasons not to be questioned by man. The net result is
that one can sue neither God nor government.
Just as
ostensibly secular governance often takes on the trappings of religious ritual,
religious dogma in turn insinuates itself into secular government through the
establishment of community morals and tenets of ethical conduct. Within the Christian Bible, Jesus establishes a
demarcation between church and state through the admonition “Render unto Caesar
the things which are Caesar’s, and unto God the things that are God’s.”
Although Western Democracy as typified by the United States federal government extols this
philosophy, it is often realized only with significant strings attached. For
example, while the separation of church and state is prominently mandated, the
ostensibly secular state involves itself with the concept of marriage, which is
most typically associated with religious dogma. It does this by blending the
concept of marriage with
|