tamez-freedom in paul and hayek

8/13/2019 Tamez-Freedom in Paul and Hayek

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Pauline FreedomandMarket FreedomByElsa Tamez*

Aswesaid in the last conference, the churchesarechallenged tobean ethical conscience ofthe market, to denounce sin andgreed.However, I believe that those of us in the churchhave something more solid to co ntribute in this economic crisis. I firmly believe that w ehave Biblical resources, specifically Pauline resources that can contrib utebygiving criteriafora new economic model that w ould not produce inequalities out ofitsow n logic. In thisconference Iw ant to concentrate on these criteria. I am going to do this by putting b othproposals on the table: the neoliberal (free m arket) and the Pauline. Thisisveryinterestingbecause bothofthem have m uchincommonintheir terminology,butdiffer intheirstarting points and their horizons.Both the philosophy of the neoliberal economists and the Pauline theology emphasize theimportance of freedom, and b othareagainst thelaw.Nevertheless, thereis ahugedifferencebetw een the proposals. Whereisthe difference? Onehas the potential of achievingab etterquality of life and the other leads to inequality.I w ill contrast the concepts of FriedrichA.Hayek, thewellknow n free market ideologue,andtheApostlePaul, w ell know n forhiscritique of the law and affirmation of freedom.Let us begin w ith the proposals of Hayek. I explore his concepts from his booksOn TheRoad to Serfdom,' The Constitution ofLiberty, Law, Le^tation and Liberty(Vol. :R utes and

X 2: T he Mirag e ofSociatjustice). ^

I. Ne o-lib eral FreedomFreedom, Its Necessary Platform and Its Im plications

Hayek defines freedom asabsence:theab senceofcoercion coercion beinganauthoritarian pressure that forcesaperson to act in disaccord w ith one's ow n coherentplan and to do soinaccord w ith the purposes of a third party, mean ing other people.Thusafree b eingisone w ho exercises freedom inaccordance w ithhis or herow ninterestsandob jectives, basedonone's own personal knowledge,andindependentfrom the w ill of a third person .For Hayek, laws that seektoorganizeandplan society are obstacles t hat limitthe


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18 what to produce, what to consume, and how to do it. Any law thatisexternal to the willof the acting subject, that seeks to lead one to particular end, is interference that mustbe rejected. It m ust be rejected because it does not respond to the person s own goalsbut ra ther to those of a third pa rty (even those goals clearly in favor of the majority). Sothen, the free market rejects laws that contro l the m arket or the individuals within it.It is clear, however, tha twecannot live together in society with out laws. For freedom tounfold, a system is needed. Hayek alludes to general, abstract laws in the context ofrespect for the freedom of the individual in the private sphere. These laws are notspecific, concrete mandates, but general laws that have come into being by traditionand custom through out history. They are abstract because they do no t refer to concretemanda tes, particular circumstances, in explicit places or times. These are laws tha t dono t stem from the aims of a third party; rather the free individual uses them s tool forhis or her own ends. With this, itisaffirmed that laws govern and hum an beings do no t.For Hayek, this law does not subject one to serfdom or slavery, rather it gives platformfor all individuals to exercise their freedom guided by their personal interest.The private interests of each and every one, according to his or her social condition,enter into play without taking into consideration the complete picture or the possibleresults, only the panicular circumstances of each person andhisor her own consciousness.These form spontaneous order withou t regulations. Hayekc llsthis cosmosor nomos sopposed to that which is consciously organized, which is called taxisor thesis Onlycertain con tribu tion s are expected from one s colleagues. Any external interference isconsidered a limitation of freedom.Thisiswhere the ideal of the free market comes in. The platform is free competitio n toprod uce the greatest am ount of goods at the lowest possible cost. Freedom implies risk,luck, and responsibility - the risk of win ning or losing (in com petition ); responsibilityfor one s action s, whe ther they lead to success or failure; and luck in all kinds ofcircumstances that create better conditions for competition, such as inheritance,education, or skill.Th us H ayek recognizes that in a society of free competition inequalityisinevitable. Hebegins with an unequal world and generates mo re inequality throug h the logic of themarketitself M erit or effort does no t count in the comp ensation that the ind ividualreceives. W ha t counts is the result, whether person succeeds or not, regardless of merit.Som eone m ay invest great effort in trying to accomplish a task, bu t if it fails there is nocom pensation. If our goalisan abundance of goods at the lowest cost or m erit possible,merit is expendable.

Th e roblem with the romulgation of Laws


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freedom. Since it tries consciously to reorganize the inequalities, it demands theredis tribution of wealth. These laws lead to serfdom because individuals in the society,over time , become slaves to a totalitarian state.Historically, societies oriented by this type of law have failed. T he distribution of wealthinhibits the progress of the society. To speak of just societyismeaningless, for behindit hides the envy of havenots towards the haves. For Hayek, the discon tent createdby inequality in a society is noth ing more than the envy ofitsmembers toward eachother.Laws must help individuals develop plans of action that have the possibility of beingcarried out. The primary role of the lawisto protect the individual from unpred ictableinterference. Th is is the necessary condition for individual freedom.In opposition to these laws{taxis)we have the general or abstract laws{nomos-cosmos .Th e latter, in which laws and n ot h um an beings rule, are the laws that are valid for theexercise of freedom, and there is no th reat to this freedom. It is the rule of law becausethe law governs and not hum an beings. Every individual is free to be guided by his orher own interest. W hen thenomosrules, the cosmos functions witho ut interference inthe spon taneous, de-regulated order in which everyone competes guided by personalinterests and no t by previously acknowledged goals.

Th e C ost of FreedomTh e exercise of freedom in a society of free co mpetition has a cost, sometimes a highcost. Since whatismost im portant for this freedom is the possibility of choice (what toprodu ce, what to consum e, and how to do it) and no t obtain ing a goal established bythe laws of third parties, we must be willing to run the risk: success or failure. We m usttake responsibility for failure sindividuals. In society based on freedom of com petition,says Hayek , most things can be had at price. Itisoften a cruelly high price. We m ustsacrifice one thing to attain ano the r. 'Th e State could insure a minim um subsistence level for the poor, bu t freedom ofcom petition m ust not be interfered with.

IL Pauline FreedomFreedom Its Necessary Found ation and Implications

Paul, like Hayek, speaks of freedom eleutheria)and its absence. We could say, based onGalatians, that freedom is the experience of liberation from any condition of slavery, beit from the law{nomos ,from the power of sin, from the weak and beggarly elemen ts


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20 T he fou nda tion necessary for the event of liberation is the grace of G od , m anifestedhistorically in the Christological event, to whichwewill referlater.Freedom, therefore,is a gift th at G od gives freely, acco rding to God 's mercy and faithfulness to God'screatures.Paul contrasts the law with faith. T he w orks of the law obeyed blindly do no t makefreedom possible. It is faith (in the Mediator esusCh rist). The way to freedom is bywalking in faith pistis)or in the Spirit and not by following o fthe mandates of the lawnomos). Paul emphasizes the dimension of faith as the foundation necessary for theevent of liberation granted by a third p arty (Jesus C hrist). Faith, indepe nde nt of thelaw, is the conditio n necessary for the exercise of freedom.Th is does not m ean that h um an beings are born slaves by nature and that Go d freesthem by God's grace. Th e law m ade possible the cond ition of slavery by imp eding theinterv entio n of the ethical conscience when the law is not in favor of life, and the lawcaptivated by sin condem ns one to death. (Rom 7).There are concrete implications here for those who have been freed. Th e act of living byfaith, for those who are freed by grace, is counted as just {dikaios). The practice ofjustice, or of do ing justice, therefore, is intrinsic to the freedom of persons: We are freeand we are just. For Paul the basis for freedom is faith which acts thro ug h love (G al.5:6) and not th roug h one's own interests.On the other hand, the faith dimension (the necessary foundation for being free)brings hum an beings closer to the au thor of freedom, w ho is Go d. Those who adhere tofaith receive the S pirit. Th us , Paul says that where the S piritis,there is freedom (2 Cor3:17).The Spirit operates differently from the mechanisms ofthe law. The law followsapaththa t is know n and given, witho ut surprise or novelty, bu t it takes no responsibility forthe aims each person has according to his or her personal interests. What matters isobeying the law, and n ot the particular situation o fthe person. The Spirit, on the otherhan d, is guided by discernmen t of the circumstances and is open to surprises along theway, bu talso is wellaware of its ultimate goals: justice, peace and life (Rom. 8). Moreover,the fruits o fth e Spirit become visible in daily life,asdo those ofthe flesh. People do no thave to wait to achieve the goal. Th is is because, in Christian freedom, the concrete lifeof hum an beingsiswhat is im portant, no t faithfully following the mandates ofthe law.Upon being set free from the law {nomos),the person becomes a free being and has theliberty to use this freedom in accordance with his or her own interests (those of theflesh) or according to the interests pertaining to the life of all human beings, includingself-interest (Gal 5:13 ). The person w ho is guided by the welfare of all (his or her ownand that of others) acts in concert with the logic of God which is grace. Th is is wha t


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Gh ristian freedom is manifest in serving one ano ther in love. If freedom is used as an 'occasion for th e flesh, guided only by self-interests, people are outside the law of loveand outside the realm of the Spirit. Th is use ofthis kind of freedom will necessarilymean, sooner or later, self-destruction forall.Pauls ys For you were called to freedom;only do no t use your freedom as an oppo rtunity for self indulgence, b ut th rough lovebe servants of one ano ther (Gal 5:13).Freedom then,is gift that m ust be maintained withfirmnessand discernment in orderto avoid falling back in to slavery.

T he C hristological Event the Price of FreedomPaul does not talk m uch about freedomitself,but about the gift of freedom that mustbe received in Ghrist. He emphasizes the importance of not falling again into slaveryexpressed in blind obedience to any law. For this reason he refers, time and time again,to the Christological event of redem ption or liberation.For Paul, the historical m ediation of the liberating event is the gift of God's very selfGod's epiphanyisnamedJesus,the Messiah (Jesus Ghrist). G od gives God's self in JesusGhrist, who freely takes on hum an histo ry to deliver hu m an beings from the presentevil age (Gal 1:4). Because of the injustices of human beings, this history had broughtcon dem nation . Because of injustices, all societyw sturned upside down (Rom1:18 ,and sin, as a powerful enslaving force, subjugated all hum an beings to its service, thuseliminating all possibility of self-liberation. A ccording to Paul the law was usurped bysin and therefore it became a mortal weapon for hum an beings. Fulfilling the law wascommitting sin, even ifonewas not aware of it (Rom 7). In this situation the law isincapable of bringing life (Gal 3:21) or justice (Gal 2:21).For there to be freedom from the law, God in Jesus subjects Godself to the law and iskilled by the law. Th is is the p rice of freedom. Paul refers to this act with the formula who gave himself for oursin (Gal 1:4), who loved me and gave himself for me (Gal2:20 ); but when the time had fully come, God sent forth his Son, born of woman ,born under the law, to redeem those who were und er the law, so that we mig ht receiveadop tion as children (Gal 4:4-5).

Th e Problem w ith the LawIt would seem that for Paul the fundamental problem w ith the lawisnot the precepts ofthe lawitself,but rather the results of fulfilling thel wwithout the involvement of thirdparty to discern the consequences of thislaw.The ultimate consequence to which the lawcan arriveisthe death of the innocent. For Paul this truthisrevealed in the crucified one .Th e precepts that are established for the benefit of hum an relationships are good, jus t,


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22 In Paul's reasoning concerning the law we find an unders tanding that transcends thejudicial law and extends to any logic or system that does not allow for the interven tionof the hum an conscience in discerning the results of obedience. In G alatians he rem indshis readers that previously they lived in fear, as slaves, subjected to the elementalspirits stoicheia)(Gal 4:9).Paul finds that to act according to faith, independently of thelaw,is the way toward theexercise of true freedom. It means acting according to grace or the Spirit thatisin m e.Ch ristian freedom, therefore, becomes visible when Go d is present in the bod y andmin d. Th e product of hum an actions,aswell as the actions themselves, then becomes averifiable reference of the new creation in favor of bo th our personal interests andthose of our neighbors.T he law (that is carried out regardless of the good or bad results) is contrasted by Paulwith another law, without specifying concrete names and places, which serves as aframework for acting according to faith or grace. It deals with loving one's neighbor ason s lf This is the concrete guide that will assure the ultimate objective - the newcreation. W ith this law a bridge is formed that unites the explicit ultima te objective(new creation) and whatever means are used at any particular time or place. The guidanceof the Spirit that is open to the unexpected does not ignore the totality of the lawsum marized in love for self and neighbor. He re we may speak, like Hayek, of an opensociety, with the fundamental difference being that in the Pauline open society there isno room for exclusion, because it is one th atstartswith the excluded.It is clear then that Pauline thinking about the law and freedom, the means (faithworking through love) and the objective (Justice of God for all, or new creation) areexpressedashope or utopia. Indeed, in spite of all his criticism of the law, for Paul, onceallissaid and done, the concrete lives of human beings are whatismost im portant, w ithor with out the law. Co ncern ing th e means, he says in Gal 5:6 For in Christ Jesusneither circumcision nor uncircumcision is of any avail, but faith working throughlove... and in 6:15 For neither circumcision counts for anything, nor uncircumcision,but a new creation.

III Hay ek and Paul: Divergent ProposalsBoth H ayek and Paul contrast the law and freedom. They have two different conceptsconcerning the law, one positive and one negative.The law{nomos) that Paul rejects is the law that enslaves and dominates the humanbeing, the law that is above human beings, that becomes an order in which there is nointervention by the human conscience and one which is followed blindly, ignoringsituations, places, and times and ignoring the love of neighbor. Itisa rule of law because


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The law inthe senseo taxis)thatisestablished to regulate hu man relationshipsforthe 2common goodisgood, just,andholy.Butonceit isplaced above hum an beingsit isabsorbed by sinandcan also become negative.Hayek,onthe other han d, rejects the law taxis)inwhich third pa rties intervene, planrelationships, and allude directly to concrete circumstances, timeandplace.Itis lawinwhichthe lawitselfdoesnotgovern,butrather is written with specific objectivesinmind (example-distribution of wealthorsocial justice).ForHayek this lawisagainstindividual freedom.T he law or order nomos-cosmos) that Hayek proclaims is that which emergesspontaneously and w hich is above hum an beings, going beyond concrete circumstancesand specific placeandtime.Itisaself-regulated order that mustbe followed blindly.Thisis therule of law tha t Paul criticizes.The otherlawPaul alludesto, ofaspontaneous nature,is the law ofthe Spirit thatmoves whereitwantsandis guided by grace.Itcomes fromthehea rt of those whoareno t blind ly following a lawbutrather living accord ingtoa conscienceora law tha tisclothedin theSprit.This rule, also calledtheruleoffaith orgrace,hasclear objectivesandmeans.Theobjective isthe usticeof Godforall,orthe New Creation. Paul says that the tendenciesof the Spiritarepeace, justice ,andlife Rom 8). Although thegoalisclear,it is anunregulated order;itfollowsthelaw that governs huma n relationships only when thatlaw affirms thelifeofall. Tho se w hoareguidedbythislaw arefree subjects, withaconscience and a sense of belonging. Those w ho are guided by this law are not slavestothe laws of the market.Th is law doesnotlegitimize any exclusive competition , because its followers are guidedby grace, loveforneighborand for self.This spontaneous orderisfreeofanyofthepatriarchal, racist, classist, or sexist ideology tha tispresentinall cultures, traditionsandinstitutions.Perhaps Hayek and Paul would bo th say thatinChrist (Paul)or in themarket (Hayek) thereisno JewnorGreek, man or wom an, m asternorslave (andwecan add poor andrich, whiteandblack, hom osexualorhete rosexual...). The difference isthattoHayekthey are free to participateinthe free com petition,but atthe end the strong would w in.Hayek's starting point is the inequality of the individual and the inequality ofopportunitytocom pete, guidedbyself-interest.Theconsequence w ouldbegreaterinequality,anunfettered struggleforwinn ing witho ut regardtoone's neighbor.Thefree m arket knows no thing of mercyorgrace.In Pauline theology,on theother hand ,thestarting poin tisequalityby thegraceof


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24 In conclusion, following Hayek s concepts of the law and freedom, we may argue thatthe goal for him is perfect freedom for competition, without taking account of theconsequences.For Paul the grace of God for all, the New Cre ation , is a promise, b ut it is also today stask tha t has to be shown throug h the love for neighbor.For Hayek, the way to achieve perfect free com petition is to follow personal self-interestpursuing the rule of the m arket law. For Paul, it would be the guidance of the Sp irit orfaith that works throu gh love. Th e fruit ofthis life can be measured. For Hayek, thelosers mus t responsibly accept the ir failure, whereas for Paul, love for ne ighbor and selfis an integral part of living according to the gift of grace.The predictable consequences of these proposals by Hayek are: more profit, theconcentration ofgoods in few hands, lack of solidarity, exclusion, dehumanization,slavery, alienation of self-regulated order, lack of sensitivity to the prob lems of theenv ironm ent, and deep crises when auto-reg ulation is carried to the extreme.*Th e predictable consequences for Paul s proposals would be a more balanced distributionof goods, solidarity, hum aniz ation , responsible freedom for the o ther. Th is is becauseone s conscience oriented by the Spirit of the Resurrected Oneisalways ready to discernwhat is happen ing and interfere w hen the system goes against people s life. Paul learnedthis from the teachings of Jesus when he said th at the Sabbath, tha t is to say the law, isto serve hum ankind and no t the other way around (Mk 2:27 ).

on lusionI believe churches have much to contribute in order to overcome this crisis. Paul istremen dously im portan t by referring to a critique of the law if we contextualize it. H iscontribution gives us sChristians criteria to bring to the public debate, reconsiderationof the neoliberal philosophy the consequences of which have worsened the structuralsin of which we are witnesses. Besides that, we are seeing that a society tied to themarket has no more to give; it is exhausted, in spite of ll the money that has beeninjected. We have no t been bo rn for bu ying and selling or to be objects of the ups anddowns of the market. We have been created to continue becoming better hum an beings,free from laws that make us into objects and prepackage reason. We have been redeemedto irradiate the grace of God and God s mercy to all, especially the poorest of the poor,the unem ployed, those who are now suffering the effects of free m arket policies.Itistime to take theology out of the academy and the churches and into society, into thesecular world. By doing that, I believe, we contr ibu te to the expansion of God s Reignof grace.


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25 Chicago: University Chicago Press, 1944.^Chicago: University Chicago Press, 1960. Chicago: University Chicago Press, 1973. Chicago University Chicago Press, 1976. Friedrich A. Hayek, The RoadtoSerfdom :The ondensedVersion 2nd Edition. London:Institu te of Economic Affairs,2001. p . 56. Paul Krugman shows how the failure of regulation to keeppacewith the increasinglyout-of-control fmancial system set the U nited States and the world up for the greatestfinancial crisis since the 193O s{The ReturnofDepression Economicsandthe risesof2008NY: N onon , 2009).


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tamez-freedom in paul and hayek

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