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.

Saturday, October 18, 2008

"Intrinsic Evil"? How Evil is That?

Yesterday, over at dotCommonweal, there was a post titled

Intrinsic Evil, Prudential Judgment and Sundry Matters

I recommend that MOJ readers check it out, here.

In the new issue of America:  The National Catholic Weekly, there is an article by Rick's colleague, Cathy Kaveny, who is John P. Murphy Foundation Professor of Law and Professor of Theology at the University of Notre Dame.  Here's how the article begins:

Intrinsic Evil and Political Responsibility

Is the concept of intrinsic evil helpful to the Catholic voter?   

As the November national elections approach, we need not delve too deeply into Catholic political discussions to realize the importance of the term “intrinsic evil.” The term is used not only in such documents as Forming Consciences for Faithful Citizenship, the 2008 Voting Guide for Catholics issued by the U.S. Conference of Catholic Bishops, but also in political skirmishes among American Catholics. But what, exactly, is an “intrinsic evil”? Why should voters give special attention to intrinsic evils in considering the candidates? Almost no Catholic opinion-maker who invokes the term goes on to ask these questions, let alone to answer them.

Perhaps this is because the answers seem obvious. After all, the term “intrinsic evil” seems to connote great and contaminating evil—evil that we take inside ourselves simply by associating with it. The term itself suggests that “intrinsic evil” involves wrongdoing of an entirely different magnitude than ordinary, run-of-the-mill wrongdoing. Consequently, intrinsic evils must pose great moral dangers to both individuals and society at large, and these dangers ought to dwarf all other considerations in casting one’s vote.

Forming Consciences for Faithful Citizenship tells us that intrinsically evil actions “must always be rejected and opposed and must never be supported or condoned,” because “they are always opposed to the authentic good of persons.” At the same time, in national debates during the current election season, some Catholic political commentators have complained about Catholics who support candidates who do not, in the commentator’s judgment, adequately oppose such intrinsic evils as abortion, euthanasia and homosexual acts, the last of which are implied by gay marriage.

The foregoing is meant to illustrate how the term “intrinsic evil” is used in the passionate give and take that characterizes many Catholic discussions about voting for a pro-choice politician. It is, however, in significant tension with the great weight of the church’s long moral tradition. The term “intrinsic evil” does not have its roots in the expansive imagery of the church’s prophetic witness, but rather in the tightly focused analysis of its moral casuistry. It is not a rhetorical flourish, but rather a technical term of Catholic moral theology. Ultimately, as Pope John Paul II reminds us in his encyclical The Splendor of Truth (Veritatis Splendor), it is rooted in the action theory of St. Thomas Aquinas.

The Meaning of ‘Intrinsically Evil’

In a nutshell, the fact that an act is called an intrinsic evil tells us two and only two things.

First, it tells us why an action is wrong—because of the “object” of the acting agent’s will. To identify the object of an action, one has to put oneself in the shoes of the one acting, and to describe the action from her perspective. The object is the immediate goal for which that person is acting; it is “the proximate end of a deliberate decision” (VS, No. 78).

Second, the fact that an act is intrinsically evil tells us that it is always wrong to perform that type of act, no matter what the other circumstances are. A good motive cannot make an act with a bad object morally permissible. In other words, we may never do evil so that good may come of it. To echo an example used by both Pope John Paul II and St. Thomas, a modern-day Robin Hood should not hold up a convenience store at gunpoint in order to give the money to a nearby homeless center. Robin Hood’s good motive (altruistic giving) does not wash away the bad object or immediate purpose of his action (robbery).

But to say that an act is intrinsically evil does not by itself say anything about the comparative gravity of the act. Some acts that are not intrinsically evil (driving while intoxicated) can on occasion be worse both objectively and subjectively than acts that are intrinsically evil (telling a jocose lie). Some homicides that are not intrinsically evil are worse than intrinsically evil homicides. Furthermore, the fact that an act is intrinsically evil does not by itself tell third parties anything at all about their duty to prevent that act from occurring.

The following analyses and reflections may provide some clarity and further issues for reflection as we continue to debate the use and misuse of church teachings in the political realm.

[Then, Cathy's article proceeds carefully under these five headings:  1.  "Intrinsically evil" does not mean "gravely evil."  2.  An intrinsically evil homicide is not always worse than every other wrongful homicide.  3.  Preventing intrindically evil acts is not always our top moral priority.  4.  The motives and circumstances of particular moral actions also deserve moral scrutiny.  5.  Intrinsic evil is not the only useful category in deciding one's vote.  To read Cathy's careful analysis, click here.  Here is the conclusion to Cathy's essay:]

‘Intrinsic Evil’ as Prophetic Language

Finally, the defender might admit that there is one issue of overriding importance for which the term “intrinsic evil” is useful in political considerations: abortion. For more than three decades, the regime of legalized abortion has taken the lives of well over a million unborn children a year. The Supreme Court of the United States not only permits this regime, it honors it as the instantiation of a fundamental right. In this circumstance, the term “intrinsic evil” helps evoke why abortion deserves prime consideration in voting. Abortion happens inside a woman’s womb, inside what should be the safest relationship of all: that between mother and child. Abortion happens deep inside our society, permeating big cities and small towns alike.

But note that this use of the term “intrinsic evil” has moved far beyond the technical use normally employed in Catholic action theory: it is evocative, not analytical. Its prophetic tone echoes Vatican II’s “Pastoral Constitution on the Church in the Modern World” (Gaudium et Spes, No. 27):

Whatever is opposed to life itself, such as any type of murder, genocide, abortion, euthanasia or willful self-destruction, whatever violates the integrity of the human person, such as mutilation, torments inflicted on body or mind, attempts to coerce the will itself; whatever insults human dignity, such as subhuman living conditions, arbitrary imprisonment, deportation, slavery, prostitution, the selling of women and children; as well as disgraceful working conditions, where men are treated as mere tools for profit, rather than as free and responsible persons; all these things and others of their like are infamies indeed. They poison human society, but they do more harm to those who practice them than those who suffer from the injury. Moreover, they are a supreme dishonor to the Creator.

Pope John Paul II used this passage to illustrate the incompatibility of intrinsic evil with human flourishing in “The Splendor of Truth” (No. 80). Like the use of the clearly prophetic word “infamies” in the “Pastoral Constitution on the Church in the Modern World,” the prophetic use of the term “intrinsic evil” is meant to start an urgent discussion among people of good will about grave injustices in the world. It does not provide a detailed blueprint for action. Identifying infamies is one thing. Deciding upon a strategy to deal with them is something else again. For many pro-life Catholics, the issue of voting and abortion comes down to this: what does one do if one thinks that the candidate more likely to reduce the actual incidence of abortion is also the one more committed to keeping it legal? The language of intrinsic evil does not help us here. Only the virtue of practical wisdom, enlightened by charity, can take us further.

[To read the entire article, click here.]

https://mirrorofjustice.blogs.com/mirrorofjustice/2008/10/intrinsic-evil.html

Perry, Michael | Permalink

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