
dannyogden
- May 2nd, 2010
I found myself in an odd place recently, unapologetic atheist that I am, defending the clergy and the Catholic Church. It was in the weeks following the revelations that the Catholic clergy had been concealing the crimes of their fellow clergy. I was listening to progressive talk radio to show hosts who are ironically theistic, in fact, one of them a life-long Catholic. The show was a non-stop Catholic-bashing. The hosts were downright giddy about the public-relations hit the Church had taken.
I should take a moment to say that I am not actually defending the Catholic Church, and there is nothing I would love to see more than for the Faithful to realize the dubiousness of their beliefs and hypocrisy of the community they belong to, the Faith community. I'm certainly not defending the Catholic clergy for concealing felonies or the clergy who committed them.
What occurred to me when I was listing to the radio show is something that has actually been weighing on my mind for some time. Part of the American Zeitgeist, indeed part of the Zeitgeist of the Western industrialized world, is the Crime & Punishment model. We have a thirst for reciprocity. We have a self-righteous sense of justice. Indeed, I have always had a heightened sense of reciprocity. I realize, now, that I was wrong about that and Christian philosophy is right about it.
Crime & Punishment is a euphemism for an-eye-for-an-eye. Indeed an-eye-for-an-eye is the backbone of our criminal justice system, vengeance its beating heart. We think we have come so far and that our justice system is so enlightened, but it really hasn't come very far since Hammurabi. The Christian philosophy that we are all flawed and should forgive truly is light years ahead of Hammurabi, Roman Law, or the Framers. For hundreds of thousands of years, men lived in small tribes as hunter-gatherers. We have evolved biology and psychology hundreds of millions of years old that has nothing to do with a global civilized society. We are monkeys that drive cars. We have modern medicine, nuclear physics, nanotechnology, stem cells, and rockets for flying into space, but at the end of the day, our brains and our bodies are suited for gathering food on the savannas and evading predators like tigers. This is what anthropologists call mismatch. We are all, each of us, mismatched for living in a modern world by modern laws. Indeed there is no objective right or wrong way to live. We know this by those who live in tribes and believe it is morally justifiable to kill the one who dishonors you, what is called an 'honor killing'. We know that cultures have believed it was not only morally justifiable, but morally required for one person to rape another person. We are working out our millions year old psychology in a modern world. Our laws are not for punishing those who behave immorally; our laws are for those who break with cultural norms.
Indeed, I am arguing that our criminal justice system is not for punishing those who break our laws, but it is for exercising our own demons. Someone once told me about a man in a native american tribe who had raped a woman in the tribe. The tribal council sentenced the man to serve the family, basically as an indentured servant, for the term of a year, as I recall. The man had to face the mother, the father, and the brother of the girl he had raped, not to mention the girl he raped herself. Every day, he slept in their home, ate with them, and saw the pain he had caused. He was overcome with feelings of guilt, remorse, and regret. Every day, the family had to see this man who had raped their daughter. They had to face and overcome their feelings of anger and vengeance. In the end, the family and the community were healed and the man was reminded that he was a part of the community and was responsible to it. In this way, the community and the family were able to bring this man back into the fold. Imagine if this man had been subject to our criminal justice system. He would have spent eight years in prison, being hardened by inhuman conditions, embittered towards his accusers. He would have thought every day about how angry he is that this was done to him, how none of this would have happened if he had never been caught. It would have been made clear to him that he is outside the community and must continue to live on the outside. The family would not have been healed of their feelings of vengeance, indeed they may have started some 501c to whip up the vengeance of other victims to make our laws even more strict and to assuage their own feelings of guilt. Because, every time we send a killer or a rapist away, we are sending away our own feelings of regret and guilt; we are foisting upon the accused our own demons. If an-eye-for-an-eye is the backbone of our criminal justice system and vengeance its beating heart, then guilt and shame are its sinewy muscles.
There is a lie that has been perpetuated that who we are is all we will ever be, but people change; people grow. We are never the same today as we were yesterday. Intuitively we know this. Welling within the American gestalt, within the gestalt of the Western industrialized world we are crying out for forgiveness. We are crying out that we are all flawed, and we don't want to live with shame anymore. We want to forgive those that have wronged us or society, so that we too can be absolved of our guilt. We are crying out for amnesty. We are crying out for healing and rehabilitation. We may shout out for justice, but we crave forgiveness.
We have the science. We know what causes criminality. We know that the most important reason people commit crimes is because of need. Every time someone commits a murder or a rape, it says more about us than them. We have failed as a society. We have failed the sacred mandate to provide for least of these, to be our brother's keeper, to care for the sick, to visit the prisoners, to defend the meek. Every time we indict the accused, we are indicting our own guilt and shame, our own failings. We carry this guilt with us, and we exercise this guilt when we put another 'criminal' in prison. It is time we invent a better way, it's time we were more thoughtful and creative about how we deal with criminals in our society. It is time for amnesty. It is time for forgiveness. It is time to recognize that a crime with no victim is no crime at all, and that those who have victims need to be brought back into the fold. It is time that we as victims be healed of our vengeance, not satisfied of it.