The Modern Antigone Debate
America may have been shaken by the economic crisis of 2008, but she still remains the world’s single superpower. Yes, it is true that there are other countries closing the gap in terms of GDP, but in terms of international clout America still remains heads and shoulders above all others. In this position the debate has often been over whether the US will be a noble hegemonic despot or a world police power or just to consider itself as an equal player with a little more equal than most level of influence. But the more fundamental debate has yet to really be brought up, i.e. to what law must America, or indeed any nation, adhere?
The most famous exploration of this question is undoubtedly the play, Antigone of the Oedipus Trilogy. In it the main characters Creon and Antigone argue for civil or natural/divine law respectively. To what standard should we hold ourselves in our War on Terror? Should we respect the sovereignty of other nations if they harbor our enemies, or should we be willing to act unilaterally? Should we be expedient and treat terrorists as prisoners of war with military tribunals and secret detention, or should we hold ourselves to a higher standard and give due process to even our most violent enemies? Without an objective third party to dictate what is and is not moral, how can a nation claim the legitimacy necessary to justify the pursuit of its principles? Do we need sufficient justification to do what we deem virtuous?
I make no pretense of claiming to know the answers to these difficult questions, but as I see it Barack Obama has come the closest to a respectable answer to these, or at least the Obama of his speeches. America needs to be willing to exercise the unique authority that she has received. As a nation though we must hold ourselves to a higher standard than our enemies, or else what point was there in acting in the first place. We must pursue the leaders of Al Qaeda even across borders, but we mustn’t be assassins, they must stand public trial. We must end the use of torture, even if it means that some people get away, for it is a far worse crime to torture the innocent. We need not look for a more noble purpose than the protection of all people from oppression, but we must not sully our cause through senseless violence.
In the end Antigone is correct that natural law trumps civil law in all matters, but it must be made clear what the natural law is. For it is not, as some claim, the law of religious texts. The natural law is that people have a natural right to live freely, where that right is stripped from them it must be righted, where there is injustice we must bring justice, where there is inequality we must bring equality, where there is intolerance we must bring tolerance and not tolerate the intolerance and bigotry of others.