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.

Tuesday, July 13, 2010

Are Catholics afraid to speak out?

Fr. James Martin believes that Catholics, including bishops, are more afraid of speaking out these days that in past eras:

Today in the Catholic Church almost any disagreement to almost any degree with almost any church leader on almost any topic is seen as dissent. And I'm not speaking about the essentials of the faith -- those elements contained in the Apostles Creed and the Nicene Creed -- but about less essential topics. Even on those topics -- for example, the proper strategy for bishops to deal with Catholic politicians at odds with church teaching, the new translations of the Mass, the best way for priests to address complicated moral issues, and so on -- the slightest whiff of disagreement is confused with disloyalty.

Fr. Martin doesn't indicate whether this pressure to conform is simply a form of self-censorship, whether it emerges from the laity, or is the product of a conscious effort by Church hierarchy.  As a relatively new Catholic who hasn't experienced much in the way of pressure to conform, I'm hardly qualified to compare today's climate with the past.  It's always a tricky project, though, to uphold a meaningful sense of community based on shared beliefs without jeopardizing the healthy forms of disagreement that contribute so much to any community's vitality.

The weightier questions of life (and the wisdom of Pixar)

I don't know if it's more of a comment on my own state of mind or on the state of Hollywood, but the only films that stand a good chance of bringing me to tears these days are from Pixar.  Toy Story 3 is a marvelous film, with some soul-searching dimensions.  As John Anderson observes:

These toys have no life expectancy and no heavenly expectations. For them ultimate happiness means having a child to love and amuse. Being put in a bag in the attic for an indefinite period of inactivity/disconnection apparently holds no terror for the toys. But it does for us. What would eternity be like for a conscious being with no hope of a hereafter, no purpose, no contact? Is there anything more terrifying? What the toys represent is not something human or subhuman, but superhuman: beings for whom the only salvation is an existence rooted in charity itself, without other reward, without freedom through death. Children won’t get it. But it’s hard to imagine adults who won’t.

And don't get me started about "Up" . . .

So long, MCA!

As a longtime member of various YMCAs, I'm interested in the institution's history and ongoing health.  As a Christian and as a longtime fan of civil society, I'm interested in the gradual (or not so gradual) secularization process that hits many Christian institutions.  The Young Men's Christian Association stopped emphasizing the "Men's" and the "Christian" long ago, and now apparently they're going to make it official by dropping the MCA completetly.

UPDATE: Maybe the "C" was a bit narrowly defined?  A reader points out that the Catholic Church traditionally viewed the YMCA with suspicion.

Monday, July 12, 2010

The Teresa Lewis case in Virginia

A friend and former colleague of mine is working on the case of Teresa Lewis, who is the only woman on death row in Virginia.  It is likely that an execution date will be set for the Fall.  The case has (as these capital cases almost always seem to) some troubling dimensions.  In particular, Ms. Lewis received the death penalty while the actual triggerman was given a life sentence.  Take a few minutes to learn more at this website

Relativism, conscience, and moral obligation

In June,  I offered some reflections on relativism, conscience, and moral obligation in a commencement address at New St. Andrews College.  In light of our recent discussion on MoJ, I am posting the core of my remarks below.

 

The witness of Christian colleges and universities is critical to the reform and renewal of culture.  The crisis of faith that underlies much of what is most disturbing about contemporary culture is not unconnected to intellectual failings and misadventures, including (polling tells us) the widespread acceptance of moral relativism even among Evangelical and Catholic Christians, and especially among younger people.  Often, the dogmas of relativism—and dogmas are exactly what they are—find expression in paradoxically moralistic claims about individual rights and freedom of conscience.

Of course, if relativism were true, there would be no grounds for such claims, which is, perhaps, the first thing that Christian intellectuals ought to point out in engaging the wider intellectual culture.  If people have rights, and they do; if respect for conscience is important, and it is; then it cannot be because there is no such thing as moral truth, or because all truth is relative.  It must be, rather, because as a matter of strict, non-relative moral truth people do have rights, and among these is the right to freedom of conscience.  But then the question becomes:  “What is the source and ground of our rights and freedoms?” And to answer this question is to determine the nature and bounds of our rights and liberties, and to bring into focus the central flaw of the many misguided conceptions that flourish in contemporary culture.  

Continue reading

Sunday, July 11, 2010

Links to my Camino de Santiago blog posts

If you have been reading MOJ for some time, you know that I walked 500 miles of the Camino de Santiago last October.  I have been asked to link all my Camino blog posts in one place.  They are linked starting with the oldest first:  here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, herehere, here, and here.

And, here is the YouTube video of "Buen Camino:  The Happy Pilgrim Song," written by Mark Gardner, Bill Stavinoha, and yours truly and performed on Nov. 1, 2009 in front of the Santiago Cathedral..

Finally, the trailer to Emilio Estevez's film, "The Way" starring his father, Martin Sheen, which will be released later this year.  Filming corresponded roughly with my walking the Camino - they were filming in St. Jean Pied de Port, France when I started the Camino and they arrived in Santiago five days after I did.

Relativism, Subjectivity, Conscience, and the Church

 

 

The subject line of this posting reflects issues that we at the Mirror of Justice have been discussing and will most likely continue to address for some time. Volumes could be written on these topics individually and collectively as each has some bearing on the others. I do not intend to offer these volumes today. Rather, I would like to comment briefly on a new contribution to these issues that emerges from a recent address given by Bishop Kevin Dowling, the ordinary of the diocese of Rustenburg, South Africa, who is known in part for his disagreements with and dissent from Church teachings on important issues. His talk, delivered on June 1 of this year to what has been described as a group of leading laity, has been discussed in weblogs and periodicals (such as HERE which includes the bishop’s address).

In his conclusion, Bishop Dowling relies on the authority of Fr. Joseph Ratzinger’s contribution to the discussion of conscience in Gaudium et Spes, N. 16, which appears in the Commentary on the Documents of Vatican II edited by Herbert Vorgrimler. Last November in a discussion with Rob,  I attempted to correct a misattribution to Fr. Ratziner in this posting. [HERE] In view of Bishop Dowling’s recent address that misuses the Ratzinger commentary of 1968, a renewal and an amplification of the correction is in order. First of all, here is what Bishop Dowling said last month:

 

What we should have, in my view, is a Church where the leadership recognises and empowers decision-making at the appropriate levels in the local Church; where local leadership listens to and discerns with the people of God of that area what “the Spirit is saying to the Church” and then articulates that as a consensus of the believing, praying, serving community. It needs faith in God and trust in the people of God to take what may seem to some or many as a risk. The Church could be enriched as a result through a diversity which truly integrates socio-cultural values and insights into a living and developing faith, together with a discernment of how such diversity can promote unity in the Church – and not, therefore, require uniformity to be truly authentic. Diversity in living and praxis, as an expression of the principle of subsidiarity, has been taken away from the local Churches everywhere by the centralisation of decision-making at the level of the Vatican. In addition, orthodoxy is more and more identified with conservative opinions and outlook, with the corresponding judgement that what is perceived to be “liberal” is both suspect and not orthodox, and therefore to be rejected as a danger to the faith of the people. Is there a way forward? I have grappled with this question especially in the light of the apparent division of aspiration and vision in the Church. How do you reconcile such very different visions of Church, or models of Church? I do not have the answer, except that somewhere we must find an attitude of respect and reverence for difference and diversity as we search for a living unity in the Church; that people be allowed, indeed enabled, to find or create the type of community which is expressive of their faith and aspirations concerning their Christian and Catholic lives and engagement in Church and world….and which strives to hold in legitimate and constructive tension the uncertainties and ambiguities that all this will bring, trusting in the presence of the Holy Spirit. At the heart of this is the question of conscience. As Catholics, we need to be trusted enough to make informed decisions about our life, our witness, our expressions of faith, spirituality, prayer, and involvement in the world……on the basis of a developed conscience. And, as an invitation to an appreciation of conscience and conscientious decisions about life and participation in what is a very human Church, I close with the formulation or understanding given by none other than the theologian, Father Josef Ratzinger, now Pope, when he was a peritus, or expert, at Vatican II: “Over the Pope as expression of the binding claim of ecclesiastical authority, there stands one’s own conscience which must be obeyed before all else, even if necessary against the requirement of ecclesiastical authority. This emphasis on the individual, whose conscience confronts him with a supreme and ultimate tribunal, and one which in the last resort is beyond the claim of external social groups, even the official Church, also establishes a principle in opposition to increasing totalitarianism”. (Joseph Ratzinger in: Commentary on the Documents of Vatican II, Vol. V., pg. 134 (Ed) H. Vorgrimler, New York, Herder and Herder, 1967). Bishop Kevin Dowling C.Ss.R. Cape Town, 1 June, 2010

 

Bishop Dowling correctly reproduces a portion of Father Ratzinger’s commentary to N. 16 of Gaudium et Spes; however, several things are omitted that are crucial to understanding what Fr. Ratzinger was saying and what he was not.

This first thing omitted in this quotation is that Ratzinger was presenting not personal thoughts but, rather, the views of Cardinal Newman. Interestingly, Bishop Dowling omits the next important sentence of Fr. Ratzinger, which states: “Genuine ecclesiastical obedience is distinguished from any totalitarian claim which cannot accept any ultimate obligation of this kind beyond the reach of its dominating will.” If Bishop Dowling intentionally or inadvertently was suggesting that the Church is totalitarian by teaching the universality of moral norms, Fr. Ratzinger’s own commentary dismisses the conclusion.

But, Fr. Ratzinger did not stop there. He pointed out various lacunae in the passage from Gaudium et Spes, N. 16, noting that the Council fathers did not address the matter of conscience in detail. As Ratzinger noted, “How conscience can err if God’s call is directly to be heard in it, is unexplained.” In essence, Ratzinger acknowledges that conscience can be ill formed, it can be mistaken in its judgment, and it can be in error. Conscience may merit protection (but as Fr. Ratzinger pointed out, the Council was evasive about the constitutive elements of this protection), but this does not ensure that it is true, that it is right, or that it is correct.

He went on to explain that the Council, unlike Bishop Dowling who expresses interest in “difference and diversity”, recognized that conscience is transcendent, and that the conscience of which it addressed possesses a “non-arbitrary character and objectivity.” That is why the Council was careful in stating that a person’s conscience is where the voice of God—not contemporary culture, not human intelligence, not human experience—“echoes in his depths.” Moreover, fidelity to this kind of conscience inevitably must lead to the “search for truth” which is God (“the objective norms of morality”) rather than contemporary culture, human intelligence, or human experience.

In this context, Fr. Ratzinger stated: “The [Council] fathers were obviously anxious (as, of course was repeatedly shown in the debate on religious freedom also) not to allow an ethics of conscience to be transformed into the domination of subjectivism, and not to canonize a limitless situation ethics under the guise of conscience.” Bishop Dowling is inclined to the subjective when he demonstrates his attraction to “particular socio-economic, cultural, liturgical, spiritual and other pastoral realities and needs” and his eschewing the universality of moral norms. By contrast, Fr. Ratzinger stated, “the conciliar text implies that obedience to conscience means an end to subjectivism, a turning aside from blind arbitrariness, and produces conformity with the objective norms of moral action. Conscience is made the principle of objectivity, in the conviction that careful attention to its claim discloses the fundamental common values of human existence.” These are points with which or from which Bishop Dowling differs or departs.

While Fr. Ratzinger addressed other important points as well as shortcomings of Gaudium et Spes’s discussion of conscience, Fr. Ratzinger offered this summation: “The doctrine of the binding force of an erroneous conscience in the form in which it is propounded nowadays, belongs entirely to the thought of modern times.” In short, Fr. Ratzinger’s commentary offers a way to correct the erroneous conscience and why the dignity it deserves is not without limit. I am grateful that Bishop Dowling took time to acknowledge Fr. Ratzinger’s commentary about conscience; however, I am saddened by the fact that the brief passage he quoted does not accurately portray Fr. Ratzinger’s view of the conciliar document and the essence of conscience that is vital to Christian belief.

 

RJA sj

"The Signpost at the Crossroads"

Jody Bottum's essay, "The Signpost at the Crossroads", is in the new print issue of First Things (count me as someone who, so far, likes the re-design), and is also available here.  The core proposal of the piece is straightforward:  "Even now, abortion remains what it has been for more than thirty years: the signpost at the intersection of religion and American public life."

To be clear, Bottum's point is not (obviously) that there are not many other important and morally significant "issues" that make an appearance at this "intersection."  (His essay, actually, is a critique of Gov. Mitch Daniels' suggestion that a "truce" might be warranted on "social issues", at least until things fiscal are straightened out.)  Of course there are.  Immigration policy is a moral issue, and it appears at this intersection.  So do our excessively long prison sentences for drug-related offenses, our unconscionable failure to stand up to the teacher-unions and provide children with decent educational opportunities, our decisions about going to war and then waging the wars to which we go, the extent to which we either support or undermine the family through public policy and regulation . . . and on and on.

Still, I have long been inclined to think that we cannot really hope to get "it" right unless we get this right.  Tax policies and the like might move a bit in (what we regard as) the more moral direction, we might find ways to better (more efficiently, more effectively, etc.) support those in need, but if -- at the end of the day -- our regime is one that constitutionalizes an effectively unlimited (and increasingly public subsidized) license to end the lives of other, vulnerable human beings, then it seems (to me, anyway) that we are getting it all wrong. 

In saying this, I do not mean to suggest that it is wrong -- until we get abortion-policy right -- to work for change in the right direction on education, immigration, or poverty-response.  Of course it isn't.  (I'm sure I've spend more of my time and energy on school choice than I have on overturning Roe.)  I do not even mean to wade back into the whole "can you ever vote for a pro-abortion-rights candidate?" debate.  I just think -- this is, I know, a sad thought -- that any "win" on these other issues will always be (and should always be) bittersweet, so long as the Mystery Passage constrains our ability to protect all persons through law.

Saturday, July 10, 2010

Prothero's Characterization of the Dalai Lama

Rick wrote a post yesterday titled The Dalai Lama is Wrong, quoting the argument made by Stephen Prothero in his new book.  I haven't yet read Prothero's book and don't know from where he draws his conclusions about the Dalai Lama, but I don't think they accurately reflect what the Dalai Lama says or believes.  I've both taken oral teaching from the Dalai Lama (during the time I was Buddhist) and have read much of what he has written and he never tries to claim that all religions are the same.  He does suggest there are convergences, which I think is impossible to dispute.  He also believes there are some shared fundamental values in the major world religions, which I think is equally clear.  He does seek to promote inter-religious harmony, which seems to me to be a laudible goal.

However, as the Dalai Lama writes in the preface to his most recent book , Toward a True Kinship of Faiths, "[t]he establishment of genuine inter-religious harmony, based on understanding, is not dependent upon accepting that all religions are fundamentally the same or that they lead to the same place."  The book is an effort to explore convergences between religions "while setting up a model where differences between the religions can be genuinely apprecaited without serving as a source of conflict.

Reflections of a "Catholic Anti-Catholic"

NCR Today introduces the piece with this:

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"A fundamental rule of his Catholicism, says Charles P. Pierce, Boston Globe magazine writer (and the guy many may know as the wise-cracking half of a weekly conversation on the NPR show "It's Only A Game") is "nobody gets to tell me I'm not Catholic."

Don't get the impression, though, that this piece, written for this Sunday's Globe, is all wisecracks and fun. It is a deeply moving and insightful essay by a cradle Catholic. It will undoubtedly resonate among many who have had similar experiences and realizations as our lives were shaped through Catholic institutions and practice.

"The sexual-abuse scandal, then," he writes "erupted within a church that already was struggling with serious demographic pressures. The scandal placed the doubts of much of the laity into sharp relief. Many Catholics are out of patience with intramural church solutions that seem to do little more than push the cases down the road and keep in place the sclerotic institutional structure and the paranoid mania for secrecy that allowed the corruption to flourish in the first place.

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Here are Pierce's reflections.