Booklist for Catholic Legal Theory: Another Contribution

Kevin Lee provides the following booklist (with caveat):

I promised Michael Scaperlanda that I would produce a list of some sort. Because I’ve been asked by a very good person, I’ve tried to come up with something, but with some trepidation. I mentioned that I don’t like lists if they suggest that they are complete and comprehensive explorations of a topic. So, I've tried to avoid that presumption here by being a bit eclectic This isn’t a comprehensive list or a course syllabus, but just a list of books that I wish were part of our common reading. I think these are important books because they set the context for thinking and acting as a committed Catholic engaged in the political life. This is what I think we ought to be trying to achieve for ourselves and our students. Note that not all of them are Catholic.


1. Romanus Cessario, Introduction to Moral Theology.  This is one of the best introductory texts on Catholic moral theology. I understand that it is now being used at several seminaries. As Christians we affirm the Lordship of Christ, so to be consistent, one of the challenges to a Catholic approach to legal theory is to see law in the context of Christ’s reign. This is an exercise in moral theology. This book is a good place to start that exercise.


2. Ralph McInerny, The Question of Christian Ethics. This short book has a splendid clarity and grace; written as only the author of the Fr. Dowling mysteries could. It provides a very brief and engaging introduction to moral philosophy in the Catholic tradition.


3. Jacques Maritain, The Person and the Common Good.  This is the classic statement of Maritain’s political philosophy. It should be read by anyone who wants to understand the Church’s teaching on political matters. Maritian was one of the most successful twentieth century Thomistic thinkers, although I personally have never been able to accept his metaphysics.


4. Etienne Gilson, The Spirit of Mediaeval Philosophy. This is one of the most influential books about the nature of Christian philosophy. It helps to set out the relation of faith and reason. This is important because we want to speak to non-believers who might not find our arguments to be entirely reasonable. What can we hope for? What range of possibilities exists? Gilson helps us understand these issues by asking what is distinctive about Christian philosophy.


5. Jean Bethke Elshtain, Democracy on Trial. If anyone hasn’t read Elshtain, please do. She is one of the wisest Christian voices on the scene today. This is her classic defense of civil society.


6. Hans Urs von Balthasar, The Theology of Karl Barth. I’m reading this now. It is an extraordinary engagement with one of the most influential Protestant theologians of the century. The critical focus for this engagement is the right understanding of grace and nature.

7. Reinhold Niebuhr, Moral Man & Immoral Society. I think this book sets out the best arguments for Christian realism, which argues that the Christian has a responsibility to be "in the world" and use force, even violence, when necessary to confront evil. But, Niebuhr is no apologist for brutality. The Christian must at the same time be held to the highest ethical standard of agape. Tough stuff. Bracing.



8. H. Richard Niebuhr, Christ and Culture. This is now a minor classic. H. Richard is Reinhold’s brother who taught at Harvard Divinity School. In this text he identifies five ways that Christians have viewed the relation between Christ and culture. Catholics, he argues, typically follow St. Thomas Aquinas in viewing Christ above culture, leading it as sovereign Lord.


9.   Paul Ricoeur, Symbolism of Evil. This is one of Ricoeur’s earlier works. It is a powerful interpretation of evil that marks the beginning of Ricoeur’s hermeneutical turn. When reading it, keep in mind St. Paul’s admonition to the Romans that government derives its legitimacy from judging evil (Romans 13:6).


10. Pontifical Academy on Peace and Justice, Compendium of the Social Doctrine of the Church. This is available on Amazon.com. It is a comprehensive overview of the teachings of the Church on matters of social doctrine. I recommend it over Professor Curran’s book. A close reading of it might make for a course on Catholic Social Teaching all by itself.

O.K., one more—

11. Dietrich Bonhoeffer, The Cost of Discipleship. Also an uncompromising look at Christian realism, by one who experienced first hand the worst that the twentieth century political ideology had to offer.