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.

Friday, July 22, 2005

Catholic Judges

Thanks to Tom, Michael, Patrick, and Rob who have, in a variety of thoughtful ways, raised interesting and important questions about Catholic judges and their role regarding the difficult issues of the day. I have been working on a modest project concerning the Catholic in public life. This includes the person who is: citizen, practitioner of the law, legislator, judge, administrator, or some combination (meaning, most likely, citizen and one of the other categories presented). Download law_and_politics_as_vocation.doc   As you will see, I have also introduced the role of the pastor (i.e., the bishop) into the mix.

So, what should Catholics in public life, including judges, do regarding the hot issues of the day? Well, the answer is found in another question: what should any Catholic do? The answer to the question: how does one exercises his or her discipleship in public life begins with the need to understand the position which the person holds and how he or she can respond. But, when all is said, the issue is the same regardless of the status of the individual who asserts that he or she is a Catholic.

With regard to all the statuses I have mentioned, the question begins in the same way: what does this person know about what the Church teaches on a particular issue? It is too easy to condemn another Catholic when that individual does something with which we disagree, but the condemnation is probably based on the assumption that the individual knows the duties that he or she has as a Catholic but is defying them. What if the person does not? What then? I try to develop a response to this vital question as well. I also give some thoughts on what should happen when the individual is aware of the obligations of being a Catholic.

I hope that I provide some helpful insight for Tom’s colleague who raised the issue about Catholic judges. The fact that a person is a judge does not make that individual any different from another member of the community of saints who is a part of the branches on the vine of Jesus. How that person grows and exercises his or her duties may vary because of that individual’s position on the branches, but the responsibilities and accountability to God remain the same. Thanks for hearing me out, and I would be grateful for any comments on the paper which has been submitted for consideration in an upcoming symposium on these and related issues.   RJA sj

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