Steve asks whether we gain anything by viewing legal questions through the lens of Catholic social thought given that the range of resulting perspectives often seems to mirror the views held by those who do not bother with the CST lens in the first place. In other words, does the "Catholic legal theory" label simply provide a noble cover slogan for debates that, at their essence, can be found throughout the surrounding legal culture?
With this past election cycle still fresh in our minds, it is difficult to deny that CST sometimes seems uniquely malleable, especially when it comes to economic issues (unlike abortion, for example). I do think that, even in the economic realm, CST has a substantive spine that separates it from at least some of its competing worldviews. The key is to distinguish between means and ends. CST does not prescribe a single economic path for the modern world, but it does assert unmistakably that any chosen path must be aimed at an economic reality in which the dignity of the human person is honored. One obvious implication of this assertion is the preferential option for the poor. If someone is serious about integrating CST with economic theory, the plight of the poor must be front and center. Does this mean that the Bainbridge-Novak-Sirico approach to economics is out of step with CST? No, but it means that they must show how their approach benefits the poor, not as an afterthought, but as a primary determinant of the approach's compatibility with the Church's teaching. The same holds, of course, for those who favor a welfare state approach.
This may be an obvious attribute of CST, but I think we lose track of how distinctive it is. It also helps explain why there traditionally has tended to be resistance among proponents of CST to an economic theory grounded in tax cuts. I've never heard Reagan or Bush II lead off a tax cut speech with "We're cutting taxes to help the poor!" They might insist that the poor will benefit, but tax cuts are defended as essential to helping the taxpayer. Their impact on the poor is of secondary concern. I'm not saying that tax cuts will never help the poor -- certainly there's a case to be made, especially if the cuts trigger job creation, etc. My only point is that the impact on the poor must be central to economic policy if the vision laid out by CST is to be taken seriously. The means by which the poor can best be helped should be debated with vigor, but the plight of the poor as a foundational concern of economic policy is non-negotiable.
So if we focus only on the "how," then perhaps CST does not add much to our legal debates, as the Church does not claim to have a monopoly on technique. But if we keep in mind the "why," then we will enter the debates of our time from an entirely different angle, and Catholic legal thought will develop in a way that is counter-cultural, even revolutionary.
Rob