In Solidarity with #Charlie Hebdo

Excerpts from our Mideo Cruz blasphemy case pleadings:

Art calls for a democratic solidarity even in the face of an intense confrontation of values and perspectives because ultimately, if art is to exist in a society that promotes democratic principles, it must sometimes be allowed to express even those thoughts and ideas that may not sit well with what the majority believes to be within the limits of acceptability.

Solidarity expects that a majority sure of their convictions should be able to take it in the chin when their cherished beliefs are put to question by a counter-cultural dynamic; it expects that in the face of intense questioning the majority, since they are sure of their convictions and are secure in their cherished doctrines, will be able to hold up on their own and offer a counter-argument in a dialogical manner that shows both grace and civility.

Of course, this kind of democratic commitment requires a basic appreciation for the variegated function of art in society. Such an appreciation should be able to distinguish between what is shown at a rundown affair in a seedy part of town operated by criminal types, and an exhibit– albeit controversial because of the questioning it subjects society’s conventions to – set up at a government-run museum or cultural center.

It should be able to restrain itself from acting against a contrary opinion in the way the Talibans of Afghanistan did towards the cultural treasures belonging to the Buddhist minority in their country, but which their fundamentalist Islamic traditions considered to be idolatrous and blasphemous towards Allah, simply because it recognizes that societies rise and fall on their citizens’ commitment to a civility able to grant being to the Other who proffers an alternative vision of life. Indeed, it is such a deep cultural and spiritual malaise where – despite the best efforts of our schools and universities to nurture and develop in their students such an appreciation for the place of art in public life – a passionately but hopelessly underdeveloped and constricted view of art predominates in society…..

Yet, if we are to have a state and a society that respects principled pluralism – we must be prepared to heed what Justice Robert Jackson, the chief prosecutor in the Nuremberg Tribunals, said in a landmark American case on compulsory courses in both private and public schools that infringed the rights of a minority religious group, the Jehovah’s Witnesses:

“We can have intellectual individualism and the rich cultural diversities that we owe to exceptional minds only at the price of occasional eccentricity and abnormal attitudes. When they are so harmless to others or to the State as those we deal with here, the price is not too great. But freedom to differ is not limited to things that do not matter much. That would be a mere shadow of freedom. The test of its substance is the right to differ as to things that touch the heart of the existing order.”

The alternative to a state and a society founded on principled pluralism is a return to a Christendom where the Inquisition [insert here any other repressive system] was the order of the day for those who dared to cast a different vision of societal order: “Those who begin coercive elimination of dissent soon find themselves exterminating dissenters. Compulsory unification of opinion achieves only the unanimity of the graveyard.

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Filed under Art, Free Expression, Freedom of Religion

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