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.

Thursday, September 6, 2018

Forgiveness no matter what (but not necessarily reconciliation)

Forgiveness is the demand of the Gospel that can be the hardest to meet, at least when forgiveness is undertaken with the seriousness of purpose the Gospel and most of the Christian tradition understand it to require.  But what constitutes the act we call "forgiveness?" I attempt to answer this question in a paper I have just posted, Forgiveness No Matter What: Justice and Love among Equals, the abstract of which appears below.   

My argument for forgiveness "no matter what" does not imply, let alone entail, that those who forgive as they should should also reconcile with those they forgive.  Current events make it timely to be clear on where forgiveness ends and the distinct question of reconciliation can begin.  With Pope Francis and a growing chorus of Catholic bishops asking now for forgiveness for the acts and omissions of  so very many bishops and priests having to do with the sexual abuse of children, vile and sometimes criminal acts and cover-ups, it bears emphasis that, on my account of forgiveness, forgiveness, although it is to be given no matter what, does not entail reconciliation. A victim who has managed truly to forgive his or her offender may nonetheless have good and sufficient reason to avoid anything like reconciliation with the offender, no matter how contrite or eager for reconciliation the offender may be.  Even victims who can bring themselves to forgive bishops who concealed sexual crimes may surely have the best reasons for insisting that the offending bishops be removed, by the Pope, from office and duly punished.  Forgiveness is a moral act of love among equals, and as such it is agnostic concerning the strictly prudential judgments that should determine how to interact, if at all, with forgiven offenders. 

 

FORGIVENESS NO MATTER WHAT: JUSTICE AND LOVE AMONG EQUALS

Abstract: This paper argues that, given an understanding of human persons as having good reasons to act for the natural happiness of which they are capable, forgiveness is properly defined as the extension of the due love of self of a person who has been offended to his or her offender, upon realizing that he or she has been offended. 

Every account of forgiveness presupposes some moral anthropology, and the teleological account of the human person made explicit here, with the help of the work of Thomas Aquinas and Alasdair MacIntyre, postulates a human function that in turn provides the person who would qualify himself as a rational agent good reasons for choice and action.  Those reasons include, when the rational agent has suffered an injustice in the form of an offense, choosing, on the one hand, to hate the injustice per se but, on the other, to love first himself and, by an extension of that love between persons who are by nature equals, his offender. The basic idea, pursued in conversation with a wide range of contemporary accounts of forgiveness, is that the obligation to forgive one’s offenders is unconditional exactly because it follows from the indefeasible good reasons a human person has to love himself or herself, even in the face of offense and any consequent misdirected desire to hate his offender.  

Forgiveness “no matter what” does not entail reconciliation with one’s offender; the self-loving forgiver may have good and sufficient reasons that in fact bar reconciliation with his offender, even the repentant and contrite offender.  But an offended person never lacks good and sufficient reason to love himself with (here in Aquinas’s terms) amor amicitiae and amor concupiscentiae, nor, upon reaching the correct judgment that he and his offender are moral equals, his offender with those same two forms of love.  Forgiveness involves willing the goods for one’s offender that escaped him when he chose to perpetrate the offense.

The analysis stresses the importance to forgiveness of what Harry Frankfurt called “second-order desires” because of the central place of forgiveness in preventing lives from going wrong because of misdirected desires, e.g., the desire to hate one’s enemy.  The analysis grapples with the implications of the inequality of persons’ capacities to form second-order desires and, further, to reach the judgment that we are essentially one another’s equals.  I also consider the place of grace, the divine gift by which the human person with a natural end is given also a supernatural end, in a complete economy of forgiveness. Finally, the paper suggests why modern nation states lack the important capacity to show offenders anything approximating the loving forgiveness by which those who have suffered injustice are bound back together with those who have done the injustice.

 

Important win in ministerial-exception case

Thanks to the merry band of happy religious-freedom warriors at the Becket Fund!  Full story here.  (I was honored to co-file an amicus brief with our own Tom Berg and others . . .).

Recent news and events have many religious-freedom defenders reeling and angry (understandably).  But the "freedom of the Church" proposal has never rested on a premise or claim that the Church's leaders, ministers, and members do not sometimes do awful things.

Amy Uelmen, "Celibacy is not about time management"

Charlie Camosy has a nice interview up at Crux with our own Amy Uelmen, regarding (inter alia) celibacy (As MOJ readers probably know, Amy has taken vows in the Focolare movement), its practice, and its point.  Amy's reflections are, as always, thoughtful and inspiring.

Lumen Christi Institute event: Joseph Singer, "Judging as Judgment"

More information about this interesting event in Chicago (Oct. 4) is available here.

Monday, September 3, 2018

Laborem Exercens (and a friendly reminder)

It never hurts -- and on Labor Day, it makes particular sense -- to re-read Laborem ExercensHere it is.  

Also, just your friendly, regular MOJ Labor Day reminder that, despite what some opportunistic commentators contend, it is not the case that the Church's social teachings -- including her teachings on the dignity of work and the rights of workers -- require, or even recommend, support for public-sector unionism (as it exists today, in today's legal and regulatory context).

Sunday, September 2, 2018

Our faith is in Christ--and Christ alone

It is not the teaching of the Catholic Church that our faith is in priests or even popes. They have their roles and their authority, but they are imperfect human beings and, in any particular case--or even in many cases--may be corrupt. It is the teaching of the Church that our faith is in Jesus Christ, and Jesus Christ alone.

We go to Mass to hear his Gospel proclaimed. Holy Communion is communion with him. If we are fortunate, we are ministered to by a faithful, even holy, priest. (There are many such men, thank God.) But the priest is Christ's minister. Yes, it is the task and role of the priest to emulate Jesus, to be in persona Christi capitis, to serve Christ by serving us; but it is not the priest (or bishop or pope) who is the subject and object of our faith: it is Jesus Christ--and him alone. It is Christ and him alone who saves. It is him--Son of the living God, sent by the Father to atone for sins and be our redeemer--whom we worship; it is in him, and in no one else, that we place our hope and trust.

Considered in its human dimensions, the Church and its clergy--and laity--sometimes flourish and sometimes descend into corruption. The "institutional church" has had, and will, as long as Jesus tarries, have moments of glory and moments of shame. Like God's original chosen people in the Scriptures, faith will sometimes burn bright and other times fade--and be sustained only by a remnant. When the people and their leaders are faithful, the Church (again like the people of Israel in the Bible) will have glorious achievements, visible to the human eye. When they are unfaithful, when they fall into immorality and go "whoring after" the false gods of the day, the beauty of the Church as a divine institution--the bride of Christ--will be obscured and what will be most visible is ugliness and shame.

And yet, Christ, the faithful bridegroom, will remain with the Church, making reform and renewal possible, and ensuring that the gates of hell, whatever inroads they may make, do not prevail against her.