A Reading List for Catholic Legal Theory?

Mike's request for a reading list for folks interested in Catholic legal theory is an important one, and the list from his friend at Ave is a start, but I think the question has to approached in a more complicated manner.

First of all, many of the texts in that list (Plato, Aquinas, Augustine, etc.)are so foundational that they sit awkwardly, although they are obviously essential. I would start off by asking first what foundation should a a legal scholar have before even thinking about trying to do Catholic legal theory. The cornerstone of course is a a good education in the Western philosophical, jurisprudential and theological tradition, beginning of course with Plato and Aristotle, and then Augustine, Aquinas and then the next rank of Christian thinkers. We could argue all day about who else belongs in the "foundation" or "canon," but that would be pointless. Let's just say that tackling the kinds of issues we are interested in requires an awfully good education in philosophy and theology.

Second, I would not want to describe "Catholic legal theory" as coterminous with natural law. Natural law is both broader (having secular versions for example) and narrower (aspects of Catholic legal theory are based in moral theology, the casuistic tradition, Scripture and Catholic social teaching). In other words, understanding and use of natural law is necessary, but not sufficient.

Third, missing from the list presented is the vast literature on Catholic social teaching, which is absolutely essential to the application of Catholic perspectives to a broad range of social issues relevant to law. I'll list some texts below. I think a focus on natural law emanating from Ave and an emphasis on Catholic social teaching emanating from Villanova (or at least from me) suggests some broader differences in conceptualization of the basic questions.

Fourth, I'm on shaky ground here because of my relative ignorance of the subject, but it strikes me that Christian ethicists have long been wrestling with a problem similar to ours: is there a distinctive Catholic approach to law (ethics)? I think we need to be familiar with what's been done by those folks.

Fifth, we need to be familiar with what our Protestant and Reformed colleagues are doing with their traditions with respect to understanding law. Both the differences and convergences are instructive.

Sixth, Catholic political theory (e.g. Maritain, as suggested) is of obvious relevance to law, as is Catholic economic theory.

My list thus would be an "advanced reading list" that assumes pre-existing familiarity with what I have  called the philosophical, jurisprudential foundation, as well as with Catholic doctrine (the Catechism, for example), and thus would not include that huge literature. It would include the texts on natural law previously suggested, as well as some Christian/Catholic political theory. It also would include some texts in Christian/Catholic ethics, but I would leave it to someone else to educate us on those. I would however offer the following:

CATHOLIC SOCIAL THOUGHT

O'Brien and Shannon, CATHOLIC SOCIAL THOUGHT: THE DOCUMENTARY HERITAGE

Dorr, THE OPTION FOR THE POOR: A HUNDRED YEARS OF CATHOLIC SOCIAL TEACHING

Mich, CATHOLIC SOCIAL TEACHING AND MOVEMENTS

Anything by David Hollenbach

CHRISTIAN/CATHOLIC POLITICAL THEORY

Murray, WE HOLD THESE TRUTHS

O'Donovan & Lockwood, BONDS OF IMPERFECTION

Same (eds), FROM IRANEUS TO GROTIUS: A SOURCEBOOK IN CHRISTIAN POLITICAL THOUGHT

Insole, THE POLITICS OF FRAGILITY

Douglas and Hollenbach (eds), CATHOLICISM AND LIBERALISM

OTHER CHRISTIAN TRADITIONS

Witte, LAW AND PROTESTANTISM

This is just an off-the-cuff list designed to keep the conversation rolling. I think another question triggered by Mike's request is one very important to me as a dean: where are we going to find the people who have the kind of foundation I've described, who are also grounded in Catholicism, and interested in applying all that in their teaching and scholarly careers?

-Mark