Article
Comment
Morality
Sport
6 min read

The day the Ashes caught fire

After the upset following Alex Carey’s controversial stumping of Jonny Bairstow at Lord's, Graham Tomlin reflects on the so-called 'Spirit of Cricket' and what it tells us about our innate sense of justice and morality.

Graham is the Director of the Centre for Cultural Witness and a former Bishop of Kensington.

Cricket Ball on Fire Illustration
Illustration generated by Dan Kim using Midjourney

Unless you have a complete aversion to sport or wilfully avoid all reference to cricket, you can’t have missed the controversy over the dismissal of the English player Jonny Bairstow by the Australian wicketkeeper Alex Carey at Lords during the final day of the second Ashes Test. Bairstow let a ball go through to the keeper and, thinking the ball (and the over) was finished, wandered down the pitch to chat to Ben Stokes his fellow batter, at which point Carey smartly threw the ball at the wickets to get him out stumped. The Aussie captain, Pat Cummins felt it was a fair cop, as it was within the rules of the game, and on that level, most English players and fans agreed with him. But what the English went on to say is that it was not within the ‘spirit of the game’, and therefore sneaky and underhand. Hence the unremittent booing of the Australians for the rest of the game from the usually sedate Lords crowd, hostility which is only likely to ramp up for the rest of the five-match series with the notoriously partisan Yorkshire crowd at Headingly next in line.

According to the Laws of Cricket, Bairstow was out. He had left his ground before the ball was considered ‘dead’ – which requires both teams to consider it such. The Aussies still felt the game was live, Carey threw the ball as soon as he received it, and so the England batsman has little grounds for complaint. Yet the distinction between the Laws of Cricket and the ‘Spirit of the Game’ has been invoked often since the incident to suggest the Australians are dastardly cheats who will do anything, however underhand, to win a game of cricket, just like they once famously got a young teammate to rough up the ball with sandpaper (clearly illegal) but got caught.

Laws and rules, whether in cricket, a business or charity or within a legal system, are there to protect something else, something deeper than the rules. Our legal system exists to protect more important things like families, community harmony, innocence or human life.

So where does this distinction come from and what does it tell us about our deepest moral instincts? The Laws of cricket are a human invention. Like all sports, cricket is a game which emerged in past centuries and then developed a complex series of rules (in cricket they are always called ‘Laws’) to govern the playing of the game. Those rules develop and change over time. Recent changes include instructions on what you do when a dog invades the pitch, or banning the use of saliva on the ball to make it swing more. Changes even come even in the new format called the Hundred, where bowlers bowl units of five or ten balls at a time instead of the traditional six-ball over. Yet each of these rules are in a way artificial. They are invented and monitored by humans to develop and monitor a human construction called the game of cricket.

Yet we also sense that the Laws cannot do everything. There is this elusive and instinctive thing called the ‘Spirit of Cricket’, so much so that the phrase ‘it’s not cricket’ has seeped into common usage to describe something that just doesn’t feel right. The MCC even runs a lecture every year at Lord called ‘The Spirit of Cricket’ inviting a former player or journalist to reflect on something deeper about the game than the nuts and bolts of the laws, individual performances or team results.

Yet the Spirit of Cricket is more than just about cricket. It appeals to a deeper sense, shared amongst all of us, that some things, even though not codified in human law, just don’t feel right. They go against our deepest moral instincts. They just seem wrong. When Ben Stokes said he wouldn’t have wanted to win a game in the way that the Australians had just done, he was appealing to a deeper moral structure than could ever be codified in a written rule.

So what does all this tell us? Two things, I suggest. The first is that we humans have a deep moral instinct of fairness. We have a sense of conscience, that is not just a human construct, and appeals to something more deeply embedded in the human heart and mind – and conscience is not just a matter of individual preference or cultural difference. We sometimes talk about respecting individual conscience, yet in a more important sense, something called ‘the spirit of cricket’ or the spirit of any game or human enterprise for that matter, testifies that conscience has a universal dimension that is common across societies and cultures – so much so that the spirit of cricket is said to hold whether the game is played in England, Australia, India or Afghanistan. Spot-fixing, or manipulating a game to win a bet, even though it’s not mentioned in the Laws of cricket, is thought of as bad practice wherever you are in the world. There is something universal about Conscience. It may not always be easy to deduce exact rules from it, and in grey areas like the Bairstow incident, it doesn’t lead to straightforward conclusions, but it does nag away at us when we are doing something shady or devious - even when we get away with it.

Secondly, It points to the distinction between human laws, that try to codify our way of living together and regulate human relationships, and a deeper moral law, that individual laws try to protect. Laws and rules, whether in cricket, a business or charity or within a legal system, are there to protect something else, something deeper than the rules. Our legal system exists to protect more important things like families, community harmony, innocence or human life. You might say that the Laws of Cricket are there to preserve the nebulous, but more important and very real thing we call the Spirit of Cricket – to ensure the game is played in a sporting, respectful and generous way, so that it can be enjoyed and not endured, and the competitive instincts it draws on at its best are regulated and don’t get out of hand into open conflict and violence.

once you take away.. the deeper natural law that pricks our consciences ... all you are left with is power – the imposition of the will of some upon the destiny of the many.

In one of his lesser known books, The Abolition of Man, CS Lewis called this deeper moral structure the Tao, drawing on a concept in east Asian religions. He said it included things like duties to parents, elders or ancestors, the importance of justice, good faith & truthfulness, valuing mercy, magnanimity and so on. This natural law is embedded in us, he argued, and that all our value systems are but fragments of the Tao. Despite our ideas of progress, we can no more imagine a deeper or different Tao than we can invent a new primary colour. To try to live outside this Tao, leads, he argues, to the Abolition of Man - the ultimate unravelling of humanity, because once you take away the Tao, the deeper natural law that pricks our consciences, that God-implanted instinct for what is right and wrong, fair and unfair, all you are left with is power – the imposition of the will of some upon the destiny of the many.

St Paul once described what happens when the divine Spirit of God begins to work in a person – they begin to produce “love, joy, peace, forbearance, kindness, goodness, faithfulness, gentleness and self-control.” He goes on to say: “Against such things there is no law.” You cannot demand or legislate such things into life, yet individual laws exist to create the conditions in which they can flourish and grow. There is a moral law that we dimly sense underneath our human legal constructions and moral deliberations, which protects things that matter to us and to which we feel ourselves compelled to conform – unless that is we have silenced the voice of conscience, something we all feel is a dangerous thing to do.

Whether or not Bairstow should have been deemed out, whether or not the Australians were being unsportsmanlike or taking fair advantage, maybe a rumbling dispute over a fine point of cricketing practice can point to something profound about the nature of the world we live in after all.

Article
Assisted dying
Comment
Freedom of Belief
Politics
5 min read

Holding an opposing view is not 'imposing' belief on the assisted dying debate

Opposing interventions from believers on dishonesty grounds is a sinister development in public debate

Nick is an author and Senior Fellow at Theos,a think tank.

A graphic shows a gallery of people with religious symbols on their clothing.

“There are some who oppose this crucial reform,” Esther Rantzen wrote recently of MPs who dared to opposed Kim Leadbeater’s Terminally Ill Adults (End of Life private member’s bill. “Many of them have undeclared personal religious beliefs…  [do] they have the right to impose them on patients like me, who do not share them?” 

This is a peculiarly common argument for those who support the right to Assisted Dying, which is surprising as it would be hard to come up with a less coherent case against religion in public life. The idea that elected MPs engaged in parliamentary debate are “imposing” their will on other people is odd. The idea that MPs have undeclared personal religious beliefs is strange too. I think it’s fair to say that most people know that Shabana Mahmood is a Muslim or Tim Farron is a Christian, and for those that don’t know that but do have access to Google, it takes less than five seconds to find out the religious beliefs of an MP. 

Perhaps most tellingly, however, why is it that we should be alert to – read wary of – MPs religious beliefs? Do the non-religious not have beliefs of which we should be cognizant? If my MP is motivated by a philosophy of relentless, Peter Singer-like utilitarianism or vague, incoherent secular humanism I’d like to know. 

In truth, Rantzen’s intervention in this debate, like that of a number of others – Lord Falconer, Simon Jenkins, Humanists UK, etc. – is part of a recent and rather dispiriting attempt to de facto exclude religious contribution to public debates by accusing them of being dishonest. 

To be clear, secular voices have long tried to exclude religious ones, but the tactics change. Back in the New Atheist heyday of the early twenty first century, all you needed to do was splutter something about sky fairies or Bronze Age beliefs or mind viruses to close down any sort of religious intervention. If, as Richard Dawkins famously put it, faith was one of the world’s great evils, comparable to the smallpox virus only harder to eradicate, no sensible parliament could possibly want to heed what faith had to say. 

Even back then, however, there were subtler arguments against faith, which usually came in the form of semi-digested Rawslian political liberalism, and demanded the religious participation in public debate had to obey the strictures of “public reasoning”, using logic and language that “all reasonable people” will understand. 

There are quite a few holes in this particular away of thinking (who are “reasonable people” anyway?) but as a rule of thumb, it’s not a bad one to follow. It is quite right and proper, if only as a matter of pragmatism, to speak in terms that your opponents will get, just as it is right and proper, as a matter of courtesy, to be open about what ultimately motivates you. 

And so that is what religious figures – MPs, leaders, institutions – do. Having read through pretty much all their contributions to the assisted dying debate, in parliament and beyond, I can testify that not many people, on either side of the debate, quote scripture or invoke papal teaching as a way of persuading, let alone commanding, others. (As it happens, parliamentarians haven’t really done that since the 1650s, but that’s another story).  

Rather, they argue in terms of policy and principles. They talk about the risk of legislative slippage, of changing attitudes to the vulnerable, of the need for better palliative care, of existing pressures on the NHS, etc. This is quite right and proper. As James Cleverly remarked in the Common debate in November, “We are speaking about the specifics of this Bill: this is not a general debate or a theoretical discussion, but about the specifics of the Bill”. And so that is what they did. 

Does anyone seriously think it is a good idea to compel a believing Jew to stand up in parliament and declare her faith before she were allowed to speak? 

In effect, religious public figures, whether or not their beliefs are “declared”, do what they have (rightly) been asked to do by those who have appointed themselves as gatekeepers for our public debate. And so this has forced the usual suspects to pivot in their argument. No longer able to dismiss religious contributions for what they say (“don’t quote the Bible at me!”) they are now compelled to dismiss them for what they don’t say. Hence, the trope that has become popular among such campaigners – “you are not being honest about your real motivations”. 

A new report from the think tank Theos, entitled, How much have your religious views influenced your decision?”: religion and the assisted dying debate, unpacks the various objections that have been levelled at the religious contribution to the debate, and then systematically dismantles them.

Some of these objections are old school in the extreme.  

Religious belief is too intellectually inadequate or disfiguring for debates of this nature. 

Religion is insufficiently willing to adapt and compromise for politics.  

Faith is ill-fitted or even inadmissible in a secular polity or culture.  

But the report majors on the newer objection, so clearly displayed by Esther Rantzen, what we might call “dishonesty” objection, that religious contributors are fundamentally dishonest about their motivations and objectives. 

In truth, this is no stronger than the more tried and tested objections, and it displays a serious, possibly intentional, misunderstanding of what a religious argument actually is. To quote the political philosopher Jeremy Waldron, such secular campaigners “present it as a crude prescription from God, backed up with threat of hellfire, derived from general or particular revelation, and they contrast it with the elegant simplicity of a philosophical argument by Rawls (say) or Dworkin [and] with this image in mind, they think it obvious that religious argument should be excluded from public life.” 

Contemporary arguments against religion in public life are slightly more sophisticated than Waldron’s caricature here, but not much. The idea that religio should be “declared” as a competing interest, so as to stop religious participants in debate from being “dishonest” is every bit as sinister, against both the letter and the spirit of plural, liberal democracy. Does anyone seriously think it is a good idea to compel a believing Jew to stand up in parliament and declare her faith before she were allowed to speak?  

As the assisted dying debate returns to parliament for the final push, there will be much animated debate. That is quite right and proper. A democracy needs vigorous and honest argument. But part of that honesty involves opening the doors of debate to everyone, and not subtly trying to exclude those with whom you disagree on the spurious grounds that they are being dishonest.

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Graham Tomlin
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