Mirror of Justice

A blog dedicated to the development of Catholic legal theory.
Affiliated with the Program on Church, State & Society at Notre Dame Law School.

Thursday, June 3, 2004

A Response to Greg’s Response to Father Radcliffe

I am chewing on the line from Greg's response to Father Radcliffe: “To fully achieve the joy and fellowship of full membership in the Catholic Church, we likewise must accept the responsibilities that accompany that affiliation.” Points well taken that an overly indulgent approach to Church teaching risks emptying it of its life-giving challenge – but I wonder if it might help to think about the joy and fellowship of full communion (in every sense of the word) not so much as an achievement – but as a gift? Perhaps the deeper point is that an atmosphere of love may be the most hopeful path for creating an environment in which people are able to fully welcome the challenge of the truth – because in this context, it becomes an encounter with Jesus himself, who does leave one “untroubled and unafraid” – not because of any achievement of one’s own, but because he himself is love. I don’t know if you all have been following John Paul II’s recent repeated exhortations to the US Bishops that the hope for the Church’s renewal is in cultivating a “spirituality of communion” (see, e.g., Zenit.org 5/28/04). His description in Novo Millennio Ineunte n.43 is really quite striking, and I think speaks deeply to the recent debates:

"To make the Church the home and the school of communion: that is the great challenge facing us in the millennium which is now beginning, if we wish to be faithful to God's plan and respond to the world's deepest yearnings. But what does this mean in practice? Here too, our thoughts could run immediately to the action to be undertaken, but that would not be the right impulse to follow. Before making practical plans, we need to promote a spirituality of communion, making it the guiding principle of education wherever individuals and Christians are formed, wherever ministers of the altar, consecrated persons, and pastoral workers are trained, wherever families and communities are being built up. A spirituality of communion indicates above all the heart's contemplation of the mystery of the Trinity dwelling in us, and whose light we must also be able to see shining on the face of the brothers and sisters around us. A spirituality of communion also means an ability to think of our brothers and sisters in faith within the profound unity of the Mystical Body, and therefore as "those who are a part of me". This makes us able to share their joys and sufferings, to sense their desires and attend to their needs, to offer them deep and genuine friendship. A spirituality of communion implies also the ability to see what is positive in others, to welcome it and prize it as a gift from God: not only as a gift for the brother or sister who has received it directly, but also as a "gift for me". A spirituality of communion means, finally, to know how to "make room" for our brothers and sisters, bearing "each other's burdens" (Gal 6:2) and resisting the selfish temptations which constantly beset us and provoke competition, careerism, distrust and jealousy. Let us have no illusions: unless we follow this spiritual path, external structures of communion will serve very little purpose. They would become mechanisms without a soul, "masks" of communion rather than its means of expression and growth."

Perhaps the best model to follow is Mary – who gave Jesus to the world not so much through her own “achievements” as through a radical and complete openness to God’s gifts, God’s plans, God’s grace – and in this she is not only “Mirror of justice” but also “Refuge of sinners” and “Queen of love.”

More on the Nuncio's Comments in Spain

[Thanks to Conor Dugan for calling this to my attention: http://es.news.yahoo.com/040503/4/3e3fb.html

Now, how do we square what is reported below with what is reported in The Tablet?]

El Nuncio dice que la legalización de las uniones homosexuales está totalmente en contra de la doctrina de la Iglesia
MADRID, 3 (EUROPA PRESS)

El Nuncio del Papa en España, monseñor Manuel Monteiro de Castro, dijo hoy que la legalización de las uniones homosexuales está totalmente en contra de la doctrina de la Iglesia. Con esta declaración salió al paso de lo declarado por el Forum Alsina de sacerdotes diocesanos de Gerona, que se ha mostrado a favor de la legalización de uniones de personas del mismo sexo.

Poco después de asistir a la inauguración de la Asamblea Plenaria de la Conferencia Episcopal, Publicidad

monseñor Monteiro manifestó a un grupo de periodistas que "las uniones homosexuales son totalmente contrarias a la doctrina de la Iglesia. Tal postura (la legalización de estas uniones) está claramente en contra de la línea de la Iglesia".

Monseñor Monteiro insistió que la familia está constituida por un hombre y una mujer , tal como está reconocida en los Códigos de Derecho Civil de España y de los restantes países de Europa. "El matrimonio --puntualizó-- es entre un hombre y una mujer. Las otras formas de convivencia está bien que sean reconocidas, pero no es la misma cosa. Es decir, el matrimonio es para lo que se conoce desde siempre como matrimonio y las otras formas no han de tener este nombre". No obstante, el Nuncio mostró su aprecio por estas personas (los homosexuales), a los que dijo que la Jerarquía de la Iglesia procura ayudar también en su vida espiritual.

Wednesday, June 2, 2004

Greg's Response to Timothy Radcliffe

Greg's response is precisely the response that needed to be made, in my judgment. After one has read Timothy Radcliffe's statement and then Greg's response, the next--and obvious--question is whether there isn't a "middle way". (A middle way that, I suspect, Radcliffe, Dominican that he is, would on reflection endorse. But that's not important.) Two points of departure in thinking our way through to a middle way: (1) The magisterium of the Church has sometimes been quite wrong--embarassingly so--in the positions it has taken. (2) There are positions as to which there is an enduring consensus among Catholics and other Christians--a consensus so settled and enduring as to be moral-theological bedrock for us.

So: It is easy to conclude that one cannot plausibly think that one is in communion with the Church--or, more broadly, with one's brothers and sisters in Christ--if one is a racist or an anti-semite. But it is not only not easy to conclude, it is implausible to conclude, in my judgment, that one is *not* in communion with the Church just because one rejects the magisterium's teaching on contraception or same-sex unions. (What *is* the magisterium's position on same-sex unions? See the statement I posted yesterday by the Vatican's nuncio to Spain.) Obviously, there is no consensus among us Catholics as to the magisterium's teaching on contraception or same-sex unions--much less a consensus so enduring as to be moral-theological bedrock for us.

I have taken some steps in the direction of developing a middle way in my book, Under God? Religious Faith and Liberal Democracy (Cambridge 2003). If you're interested, take a look at chapter 5: "Catholics, the Magisterium, and Same-Sex Unions: An Argument for Independent Judgment". (I notice that Mark Sargent has posted his review of my book on this blog.)

A Response to Father Radcliffe

By questioning Father Timothy Radcliffe's statement recently posted to this blog, I fear I will be seen by some as uncharitable. After all, who could take issue with a call to love sinners or with a portrayal of the church as a home and sanctuary? And, yet, I believe that an overly indulgent and unchallenging approach to the Church’s teaching would render the Church ineffective as a vessel for sanctification and irrelevant as a witness to the truth in a troubled society.

The message of hospitality is always comforting, but the welcome extended to all by Christ’s Church cannot be divorced from the vigorous challenge offered to all by the Church’s teaching. The Church must always energetically exhort its members to live and act according to the mission, especially when the Church speaks to those possessing or seeking the political power to alter and reform society. Without that integral element of responsibility and accountability, Father Radcliffe’s statement strikes me as radically incomplete as a description either of Church or of home.

“The Church,” Father Radcliffe says, “should be a large, capacious home for all sorts of oddbods, saints and sinners, progressives and conservatives, the convinced and the searching.” Father Radcliffe protests that his statement is “not wish washy relativism.” Methinks he doth protest too much. Yes, the Church should always welcome sinners and seekers and indeed should seek them out with compassion. But the Church must also act with firm and loving correction, just as we should expect from our family members when we go astray and then later return home.

In framing his message of welcome and church as home, Father Radcliffe says that when we come to the Church, we should be left “untroubled and unafraid.” When seekers and sinners came to Jesus and after they had been greeted in love, did he not then exhort them to live as His disciples and to witness His truth to the world? Was Jesus constrained to leave those who heard him “untroubled and unafraid,” carefully choosing his words and actions with nuance and sensitivity so that no one would feel unwelcome, no would be subjected to pointed questioning, no one would be offended, no one would be left to conclude they might be in serious error, etc.? I seem to recall Jesus uttering the rather direct, arguably intolerant, words, “Get thee behind me Satan!” And, note, that this strong rebuke was directed toward a particular individual in a position of some or potential authority. Jesus’s words of correction were unequivocal, although the hope and ultimately the reality of reconciliation remained available after repetenance. Might there not be a message here for the Church today as well?

Let us further consider, could our Church be true to itself were it to receive in placid silence those who openly advocate racial segregation, those who call for extermination or the sterilization of the mentally infirm, those who advocate unrestricted license to abort the unborn, those who would undermine the institution of marriage by removing its foundation in the complementarity of the genders, etc., with speaking challenging words of truth and, yes, rebuke when merited? Does anyone really believe that the archbishop of Louisiana was reprehensively unwelcoming in 1956 when he warned Catholic legislators that they risked excommunication if they voted for a proposed law requiring separation of the races in school? Did his strong words improperly introduce conflict into the Church home? Some leaders of the Catholic Church in the Germany of the 1930s have been sharply criticized for inadequately challenging the rise of Nazi leadership in that country and for failing to exclude Nazi Party members from the Church. Would anyone today instead hold up such inaction as a model example of proper churchly tolerance?

In sum, if each individual is free to claim Catholic affiliation when it is comfortable and beneficial, while assuming a license without fear of any rebuke to emphatically and publicly reject Church teaching when expedient, then the witness of the Catholic Church to our larger society on any issue would be entirely undone.

Moreover, if we were to reconstruct the Catholic Church into a homeless shelter, housing all who seek shelter without challenge or correction, we thereby would sacrifice the very elements that empower the Church to offer the love and peace that we all seek. A gathering of people without a shared vision and purpose can never be a fellowship upon which the blessings of God's peace would be bestowed. Instead, to be a Catholic is to become one part of the worldwide Body of Christ animated by a shared belief in the Gospel and a commitment to values that are larger than any single one of us or any single parish. A community of faith is not a holding station for a disparate and dissolute group of unconnected people with no common purpose. If the Church were to devolve into an open-ended social club devoid of principled content and reluctant to exert any call upon its members, the Church simply would cease to be the Church.

I submit that this is also an impoverished view of home and family life as an analogy to the Church. A genuine familial love experienced in the home is both a balm and a rod. When we return home and are again among our most intimate family members, we can no longer get away with the pathetic excuses for failing to take responsibility that we offer to others. Nor can we avoid being called to account for the compromises of principle and affection that we make in the outside world. Our family knows from whence we came and knows what our true potential remains. To fully achieve the joy and fellowship of full membership in the Catholic Church, we likewise must accept the responsibilities that accompany that affiliation. This is no different than the accountability and sense of mutual obligation that exists among members of a family within a home.

Consider again the words of our Lord Jesus, which begin Father Radcliffe's statement: “If anyone loves me, he will keep my word, and my Father will love him, and we will come to him and make our home with him.” The promise of love is accompanied by an exhortation to keep God's word. To live in the fullness of that love, and to experience God’s peace, we must overcome sin and join our will to that of the Lord. If we do anything less, we are left far from home.

Greg

Evangelicals and Catholics Together

As the product of an evangelical upbringing, I took interest in the New York Times catching up to the increasingly harmonious Catholic-evangelical relationship. The Times' attention is triggered by evangelical support for the conservative Catholic line on the communion controversy, which the paper attributes to a broader cultural alliance in opposition to rampant individualism. You can read the article here. Christianity Today, the leading magazine of evangelicalism, offers an intriguing response to the Times' article here. Not surprisingly, the periodicals offer different takes on whether doctrinal or culture war developments are driving the rapprochement. What's not in dispute is that relationship promises to shape religion's engagement with American culture for years to come.

Rob

Tuesday, June 1, 2004

New Blog on Moral Responsibility and Free Will

Here's a new blog (thanks to Brian Leiter for the notice), authored by philosophers at the University of California and dedicated to "agency theory," "philosophy of action, moral psychology, metaphysics and ethics." It looks like an interesting and worthy project. Note, on the left side, a special category for posts dealing with "God and Freedom."

Rick

Interesting and Surprising Comments on Civil Unions by the Vatican's Nuncio to Spain

The following item appeared in the May 15 issue of The Tablet, which, as some readers of this blog may not know, is a lay Catholic weekly published in London.

Download Nuncio.pdf

Interesting words from Timothy Radcliffe, OP

My aunt, a Dominican nun, sent me the following thoughts of Timothy Radcliffe, OP, former Master General the the Dominican Order. I thought that the readers of this blog might be interested. --Michael Perry

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Sixth Sunday of Easter C 2004 -- Timothy Radcliffe, OP


‘If anyone loves me, he will keep my word, and my Father will love him, and we will come to him and make our home with him.’ So the Church is our home. It is where God is at home in us and we are at home in God. It is where we belong, at ease, with untroubled hearts. What does this mean?

We can see what it does not mean in the first reading from Acts, these busy bodies are going around telling the Gentiles that unless they are circumcised, then they will not be saved. They do not really belong in the Church. The Church is not their home unless they become Jews. They are not proper Christians.

So the apostles gather for the first Council in the history of the Church and they decide that these Gentiles belong as they are. These presumptuous people had been acting without any authority, unsettling people. The very first major decision that the Church ever takes is to guarantee that the Church remains a large, capacious home, with room for us. The first exercise of authority by the Church is to oppose those who want to push other people out of the community.

The whole history of the Church is marked disputes, arguments and quarrels. And that is fine. It is a sign of being at home that one can argue and disagree without destroying the household. Even Dominicans squabble sometimes! But occasionally there are militant groups who want to decide who are proper Catholics, and to push out others out of nest, like a bloated cuckoo.

You may have read in the newspapers that there are very conservative groups of lay Catholics in the States who are campaigning that any politician who does not give political support to the Church’s teaching, on such issues as abortion or gay unions, must be turned away from communion. They must be rejected at the altar. Cardinal McCarrick, the Archbishop of Washington, is resisting the pressure. He says that he would be uncomfortable with denying people communion. Who are we to say whether someone is in a state of grace? And so this militant group have placed advertisements in newspapers such as The Washington Times, implying that the Cardinal is not a sound, proper Catholic either.

Clearly the issues are different from those of the first reading. The Council will decide that Gentiles do not need to be circumcised. There is no question of the Church going back on its opposition to abortion. But in both cases we see people who wish to shut people out of the Church, expel those who are not sound, proper Catholics in their own eyes.

Jesus speaks the words to the disciples at the Last Supper. Peter was about to deny him. Most of the other disciples would run away in fear. He promises that the Father and he will make their home precisely with these weak and fearful people, who are not, at this moment, exactly model Christians.

So we should all feel at home in the Church, even though, like these apostles, we may not feel that we are ‘good Catholics’. We may have doubts and uncertainties; we may disagree with the Church on some issues; we may be angry with the Church about other things. We may be living in what are called ‘irregular situations’, although they are more and more regular. But Jesus still invites us to be at home here. It is part of the beauty of Catholicism that so-called bad Catholics belong just as much as anyone else. Perhaps even more so. Jesus came to call sinners and not the just. The only people who might feel a little uneasy in this our home are the self-righteous. Not that we would wish to expel them!

Home is where you do not have to justify your presence. Blackfriars is my home. I do not have to give any reason for being here. I do not have to merit my place in the community, or establish that I am an upright friar with the correct views. I just belong.

Jesus says, to the disciples, ‘the word which you hear is not mine, but the Father’s, who sent me.’ Jesus does not own the words he speaks. They belong to his Father. And if he does not own them, then nor do we. We cannot claim possession of the word of God and use it to beat up other people and expel them from their home. The truth of the gospel is in no one’s mastery.

We are preparing for the feast of Pentecost, when the Holy Spirit will dwell with us. Jesus says, ‘The Counsellor, the Holy Spirit, whom the Father will send in my name, he will teach you all things, and bring to your remembrance all that I have said to you.’ This does not mean that each of the apostles will remember everything. Some may remember Jesus’ compassion; others will remember his justice or his preaching of the Kingdom. Some will remember parables and others miracles. We have four gospels, four memories.

The Holy Spirit is poured upon us too. We each cherish some aspect of the gospel. But none of us has the right to claim that his or her memory is the only one and threaten people who cherish another. We need each other’s memories if we are to get a small glimpse of the whole truth. This is not wish washy relativism. It is building the home in which God may dwell.

‘Peace I leave with you; my peace I give to you. Not as the world gives do I give to you. Let not your hearts be troubled, neither let them be afraid.’ Let us try to build the Church as our common home in God. Here we should be untroubled and unafraid. The Church should be a large, capacious home for all sorts of oddbods, saints and sinners, progressives and conservatives, the convinced and the searching. It is Catholic, which means Universal. Let us not shrink it to the size of our own small hearts and minds.

Two New Church / State Articles Worth Reading

Two new church-state papers are now available on SSRN. The first, by our new co-blogger Professor Michael Perry, is called "What do the Free Exercise and Non-Establishment Norms Forbid?" Here's the abstract:

The Constitution of the United States famously declares, in the First Amendment, that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." Yet, it is settled constitutional law that not just Congress but the entire national government - and not just the national government but state government too - may not establish religion or prohibit the free exercise thereof. For Americans today, the serious question is not whether the free exercise norm and the nonestablishment norm - the two principal matrices of the constitutional law of religious freedom - apply to the whole of American government, including state government. They do so apply. The serious question is not even whether the free exercise and nonestablishment norms should apply to the whole of American government. In the judgment of most Americans who bother to think about the matter, they should so apply. It is not surprising, then, that the sovereignty of the two norms over every branch and level of American government is constitutional bedrock.

For Americans today, the serious question, regarding the free exercise and nonestablishment norms, is this: What does it mean to say that government, state as well as national, may neither prohibit the free exercise of, nor establish, religion? In particular, what sorts of government action - laws, policies, etc. - do the free exercise and nonestablishment norms forbid? At the risk of understatement: Not every scholar or judge gives the same answer to this question. My aim here is to give the answer that makes the most sense to me.

The second paper is by Emory's Professor John Witte, and is called "From Establishment to Freedom of Public Religion." Here is the abstract:

This Article juxtaposes the theories of religious liberty developed by Thomas Jefferson and John Adams. It argues that Jefferson's notion of a "wall of separation between church and state" was a minority view in his day, and in the century to follow. More commonplace was Adams' view that balanced the freedom of all peaceable private religions with the "mild and equitable establishment" of one public religion. Adam's model of religious liberty dominated much of nineteenth-century law and culture, Jefferson's model a good bit of twentieth-century law and culture. In its most recent cases, the U.S. Supreme Court seems to be developing a new model of religious liberty that draws on the insights of both Jefferson and Adams, but rejects their respective calls for the privatization or the establishment of religion. The Court's formula is that both private and public forms of religion deserve constitutional freedom and support, though neither may be given preferential treatment.

Both of these excellent articles are quite timely, in light of contemporary discussions about the Pledge and the tax-exempt status of Catholic dioceses whose bishops decide to address the abortion-rights views of political figures.

Rick