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International Legal Evangelism: Intelligence, Reconnaissance & Missions

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citizens? Either way, if our faith has a bearing on this issue, we cannot confine it<br />

(in Robin Lovin’s words) to church and the family dinner table. 21 We have to know<br />

our own bearings, and it has to be known where we stand. The duty to bear<br />

witness is not only a religious one but a civic one as well.<br />

I am firmly of the view that in public debate each person should call it as he<br />

sees it and make the utmost effort to convey both the depth and the detail of his<br />

position to others while straining at the same time as hard as he can to apprehend<br />

the depth and the detail of the positions others are putting forward. As Jürgen<br />

Habermas has recent argued, mutual intelligibility in public debate is a two way<br />

process: religious citizens must try to make their doctrines intelligible; but also<br />

“secular citizens must open their minds to the possible truth content of these<br />

presentations and enter into dialogues” from which mutual enrichment of belief<br />

might be a possibility. 22<br />

I cannot emphasize too strongly that it is not our claim that international law<br />

can only have Christian foundations, and we are certainly not proposing that the<br />

world should revert to something like the idea of Christendom, the idea of a<br />

specifically Christian society of states, analogous to the dar al-Islam. 23<br />

<strong>International</strong> law needs to be a shared enterprise, among all the peoples of the<br />

world. But the commitment to it among the peoples of the earth needs to be deep,<br />

not shallow, an overlapping consensus anchored for each faith, for each<br />

philosophy, for each civilization, and if necessary for each national tradition, in the<br />

bowels and innards of its deepest commitments. There cannot be an overlapping<br />

consensus unless there are articulate traditions to overlap; and so there cannot be<br />

an overlapping consensus on international law unless each tradition is articulate<br />

about—and can assure others of—its own attitudes on the matter. 24<br />

<br />

21 As Christians in a democratic society, we have to bring our Christianity to bear on these issues—even if we would<br />

prefer to live out our faith in the narrower confines of church and family. Lovin, Christian Ethics, Ch. VI.<br />

22 Habermas, “Religion in the Public Sphere,” 14 European Journal of Philosophy 1 (2006), at 11. See also<br />

Waldron, “Two-Way Translation: The Ethics of Engaging with Religious Contributions in Public Deliberation,”<br />

available at http://ssrn.com/abstract=1708113<br />

23 Cf. O’Donovan, Desire of the Nations, 195<br />

24 Beyond that, it was our view that Christians and indeed all people of faith have a responsibility to bear witness<br />

and participate in public debate, on matters of national and international importance. And it is not irresponsible—or,<br />

as Rawls thinks, disrespectful of others—to advance specifically religious claims in public life. There might be<br />

insights regarding international law available within the Christian tradition which are not accessible on a purely<br />

secular basis. And it is important to be open to the possibility that the authority of law (and of international law)<br />

requires transcendent foundations, and that a purely pragmatic account of law’s authority in this realm may be<br />

inadequate. But I say again that nothing in these lectures assumes that Christian insights are indispensable. All I<br />

assume is that there is a distinctive Christian attitude towards international law and that this is something of interest<br />

to Christians themselves (who may not have thought these matters through), of interest to their fellow-citizens of<br />

other faiths or none (so that they are under no misapprehension about how the land lies), and of potential interest to<br />

everyone with whom we share the world.<br />

<br />

12

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