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, September 19, 2006

Politics, Pundits, and the Pope

I have found reading the various MOJ and other contributions to the discussion of the Pope’s Regensburg address informative. I have also reread several more times the Pope’s address, and I find myself being mystified by the reaction of some to it. I hasten to add that my reaction is to some of the western press and academy who have been strongly critical of the Pope’s remarks. In particular, I have found the September 16, 2006 editorial of the New York Times lacking in understanding of what Benedict was saying. It is difficult for me to comprehend how the authors of this editorial could have asserted the points they made. In the end, I cannot see how the authors could have carefully read the Pope’s address and then said the things that they did.

One of the more disturbing observations made in this editorial is the statement: “The world listens carefully to the words of any pope. And it is tragic and dangerous when one sows pain, either deliberately or carelessly.” After reading again the Pope’s address, I found that he is not guilty of that which the Times accuses him. I have listened carefully to all that Pope Benedict said. Moreover, I wonder if the Times editorial writers ever considered that the world listens carefully to their editorials; moreover, do they consider the possibility that they can sow pain, either deliberately or carelessly? Frankly, I think there are elements in the Times that have decided to critique time and again the Church and its leadership regardless of what they have or have not done. Some evidence of this is the approach they have taken to Pius XII. During and after the Second World War, the Times attributed to Pius XII strong efforts to aid the Jewish people during and after the Holocaust. However, after 1998, their tack was different because they then began to attack the man they had once praised without citing evidence that would support such a change. In the end, I wonder if they had read their earlier articles on this man whom they were now vilifying. It seems possible that the memory holes of Winston Smith may exist in a building off of Times Square in New York City. On the other hand, there are voices in the western press who appear to have read carefully what the Pope did say. One of these accounts appears in The Times (London) editorial, “The Pope and the Prophet”, also of September 16, 2006. [Here]

It needs to be clear to all of us that dialogue between Christianity and Islam is not only possible. It is also real. There are elements of Christianity which mistrust Islam. But, there are also elements of Islam that not only mistrust Christianity but repress it. For example, the Pope has reaffirmed today that he will be going to Turkey as planned—in spite of his concerns about Turkey wanting to join the European Union. We need to take stock of the fact that while the practice of Christianity is allowed in Turkey, worship cannot be public. The fact that a building is used as a church cannot be evident from its exterior. Its identity must be concealed from public view. In other Islamic countries, the practice of Christianity—public or private—is forbidden. In still other Islamic countries, Christians are persecuted in a variety of ways—including harassment, prosecution, and destruction of property, including attacks on churches.

While this person may have been speaking for herself, I ponder a recent news photograph that was taken in London at a demonstration against the Pope: this picture shows a woman was holding a sign that reads “Islam Will Conquer Rome.” Keeping in mind what the Emperor Nero purportedly did when this city was ablaze, I wonder what the New York Times will do should this ever happen. Will it speak out? Will it fiddle? Or, will it simply do nothing?    RJA sj

Wednesday, September 13, 2006

BXVI on Faith, Reason, and the University

I would like to thank Richard Myers for passing along Ed Lyons’ discovery of Pope Benedict’s recent address on faith, reason, and the university. I also look forward to reading again the Pope’s address along with the address that Archbishop Miller was scheduled to deliver at Boston College this past Monday, September 11.

But back to the Pope’s discourse.

I have now read it several times. It is a rich document—elaborate but clear. It contains much to be studied. It offers prayerful guidance and reflection. I would like to comment briefly on a few of its elements in this posting.

The first is the story that the Holy Father weaves throughout his address involving a discussion between the Byzantine Emperor Manuel II Paleologus and a Persian scholar and their examination of the theme of jihad (holy war). The Pope reflects on a Koranic passage, “there is no compulsion in religion.” There are likely several reasons why the Pope introduced this into his address, but I would like to think that one involves what I like to identify as authentic academic freedom: the freedom for exploring beyond one’s self on the path to God. Indeed there is freedom from external pressures for academic inquiry to take place. But, for faith and reason to flourish side-by-side and in concert, there must also be freedom for God—to search, meet, and embrace Him. As the Psalmist says in N. 8: “what is man that you are mindful of him…” (RSV) If God’s mind is seeking encounter with the human mind, should not our minds also be pursuing this engagement? I think so.

A second element is what the Pope identifies as the “de-Hellenization” of the Christian faith that relies on the rapprochement between Biblical faith and Greek philosophical inquiry. He analyzes his hypothesis that some in the universities have sought to divorce “the profound encounter of faith and reason” expressed in Greek Christian thought. His examination investigates three stages: (1) the fundamental postulates of the 16th century Reformers; (2) the 19th and 20th centuries’ distinction between the God of the philosophers and the God of Abraham, Isaac, and Jacob (i.e., the separation of worship and morality); and, (3) the mood of the present day to emphasize cultural pluralism without taking stock of the inextricable link between the Greek culture and the early Christian church. This component of the Pope’s address may well include the objective of intensifying efforts to reconcile with the Orthodox Christians—a project very dear to the Pope.

A third element concentrates on the Pope’s examination of the pursuit of science that contains a self-imposed limitation on reason. The self-limitation is this: reason must be exclusively verifiable through empirical means. That approach would disallow the engagement of reason and faith and thus artificially limit human inquiry. If truth transcends the empirically verifiable, and I think it does, then the Pope is on to something. As he states, “[a] reason which is deaf to the divine and which relegates religion into the realm of subcultures is incapable of entering into the dialogue of cultures.” But, the Holy Father suggests that the academic enterprise, if it is true to its noblest qualities, must be courageous so that the whole scope of reason can be encountered and the denial of its grandeur may be eschewed.

RJA sj

Tuesday, September 12, 2006

Star (as in popular TV culture) Wars: Episode XXIV—The Revenge of the Rutabaga

I would briefly like to comment on Alison Sulentic’s thoughtful response to Rob’s post about the Veggie Tales program and the network’s insistence that the reference to God’s love be deleted as a condition for the episode to be broadcast. I understand and appreciate Alison’s point about the underlying themes still being conveyed notwithstanding the censorship, but that does not eliminate the fact that the network pressured the program’s creators into deleting the reference to God’s love. And, that is censorship pure and simple.

I have never seen the show (my apologies to Rob's brother), but I am grateful for the liberty to improvise the following scene for a future episode of Veggie Tales: Charlie Cucumber and Roberta Rutabaga are engaged in an intense debate on the merits of natural law versus utilitarianism. During the debate, Charlie, the devoted utilitarian, has a sneezing fit, and Roberta, the committed natural law proponent, sympathetically exclaims, “God bless you, Charlie!” Would the network object to broadcasting this as well? I wonder.

In the meantime, our damsel in distress still dangles dangerously from her cross. Interestingly the same network that banned the God reference in Veggie Tales has reportedly found Madonna’s mock crucifixion acceptable for prime-time (versus Saturday morning) airing scheduled for this November.    RJA sj

Friday, September 8, 2006

Catholics and Public Life

Over the past several days, a number of MOJ contributors have offered important, challenging, and even provacative thoughts on a variety of issues including slavery, marriage, and abortion. Earlier this summer, a number of us addressed another pressing issue of the day dealing with embryonic stem cell research and related matters. The questions dealing with abortion and stem cell science are very much a part of current domestic debate. We tend to forget that the question of slavery is still very much a part of life in other places around the world, and we should not forget that this malignancy still plagues many souls today.

In the next few weeks, we, as members of local, state, and national communities, will be listening to candidates seeking election to a wide variety of public offices. Those running for elective office (and those who will be appointed by those who are elected) are or will be making promises about their positions on the issues of the day, both great and small. Some of the recent MOJ postings have offered a variety of views about what Catholics, be they voters or seekers or holders of office, should do regarding these issues. I would like to add a further perspective to these discussions and presentations.

One way of becoming familiar with the duty of a Catholic who has a role in public life as office holder/seeker or as elector is to be educated on what the Church has to say and teaches on specific issues. A Catholic's self education on what the Church teaches can begin with an examination of the Catechism along with the text references that richly footnote many of its entries. Some guidance on what Catholics in public life need to think about concerning hot-topic issues like stem cell research, marriage, and abortion, can be gleaned from John Paul II's Evangelium Vitae and Veritatis Splendor. There are also some extremely useful instructions from the Congregation for the Doctrine of the Faith (CDF) and the Pontifical Academy for Life, and the Pontifical Councils for Justice and Peace and for the Family. These texts are easily accessed from the Vatican website (www.vatican.va) under the menu headings Papal Archive and Roman Curia.

As educators and adherents of CLT, we might consider how we can contribute to the public Catholic discourse (and education) on the issues that many in our nation will be discussing over the next several months by keeping in mind these texts. I suspect that some of us may offer interpretations of these texts that are at odds with the understanding given to them by other Catholics. Although I wish it were otherwise, I would also expect that some Catholics may offer interpretations that are not shared by others including those holding Church office. But, for the time being, I think it is a useful and important project to be well versed in what the Church is teaching on the public policy issues of the day that are beginning to appear in our discourse in MOJ forum. RJA sj

Thursday, September 7, 2006

Professors Lawler and Salzman

I would like to thank Michael for his interesting post on the recent work of Professors Salzman and Lawler. In May of this year, Amy Welborn's blog had a posting on the same two authors' earlier and, I suspect, related essay that appeared previously in the Heythrop Journal. The Welborn posting and numerous comments she received are posted [Here] .     RJA sj

Starting a bibliography

Rob has raised a number of interesting and good issues about a bibliography for CLT and an LL.M. in CLT.

Here are some works that I would like to suggest as starters:

Saint Augustine, The Confessions

Thomas Aquinas, Treatise on Law

Ehler & Morall, Church and State through the Centuries: A Collection of Historical Documents with Commentaries

Benedict XVI, Deus Caritas Est

John Paul II, Veritatis Splendor, Fides et Ratio

Leo XIII, Libertas, Immortale Dei, In Plurimus, Rerum Novarum (and many other encyclicals)

Benedict XV, Pacem Dei Munus, Des le Debut (apostolic exhortation)

Pius XI, Quadragesimo Anno, Mit Brennender Sorge, Non Abbiamo Bisongno

Pius XII, Summi Pontificatus

John XXIII, Mater et Magistra, Pacem in Terris

Paul VI, Populorum Progressio, Humanae Vitae, Octogesima Adveniens (apostolic letter)

A Code of International Ethics

John Eppstein, The Catholic Tradition of the Law of Nations (a critical anthology)

James Brown Scott, The Spanish Origin of International Law

Gerald Benkert, The Thomistic Conception of International Society

Sylvester John Hemleben, Plans for World Peace through Six Centuries

Francis Suarez, De Legibus ac de Deo Legislatore (James Brown Scott, editor, in Classics of International Law, Oxford U. Press)

Johannes Messner, Social Ethics: Natural Law in the Modern World

Harry Koenig, Principles for Peace: Selections from Papal Documents Leo XIII to Pius XII

Calvez & Perrin, The Church and Social Justice: The Social Teachings of the Church from Leo XIII to Pius XII

Heinrich Rommen, The State in Catholic Thought

Heinrich Rommen, Natural Law

John Finnis, Natural Law and Natural Rights

Christopher Dawson, many books and essays

Fr. Yves de La Briere, many writings

Luigi Taparelli d'Azeglio, Saggio Teoretico di Diritto Naturale

Avery Dulles, A Testimonial to Grace

Oswald von Nell-Breuning, Reorganization of Social Economy

Robert P. George, Making Men Moral

Russel Hittinger, The First Grace

Michael Perry, Morality, Politics and Law

RJA sj

Monday, September 4, 2006

Challenges for the new academic year

We have just gone through that time of liturgical year when the daily Gospel readings from St. Matthew are replete with Jesus's critique of the scribes and Pharisees--"Woe to you Scribes and Pharisees...!" Yesterday's Gospel for the twenty-second Sunday of Ordinary Time from St. Mark was a climax for this series of admonition to the lawyers of his time. Jesus calls them hypocrites and accuses them of disregarding and defiling God's commandment. The source of this defilement, he says, is not from outside the person but from within. He strongly rebukes the legal profession of his time. But for those of us who might wonder if there is hope for lawyers, regardless of the era in which they live, the first reading from the Book of Deuteronomy provides some valuable insight into what God asks of us through His commandments. If we allow ourselves to be open to God's intelligence and wisdom, human governance and the law that is made and applied under it can make the human family and its nations great. Moreover, if we lawyers are free for God's intelligence and wisdom, think of the benefits that can be derived for those whom we encounter. Some of them may be skeptical and others may be quite critical of such a project. But, there may well be those who see that there is something beyond the present moment and the political caprice of the day. As we begin a new academic year, we might consider how the lessons from these passages of sacred scripture might make us not only better teachers but more effective ministers of God's justice in this world. RJA sj

Saturday, September 2, 2006

Georgetown Chaplaincy

More information does not necessarily provide any answers to Susan's and Rick's earlier questions about the Georgetown matter that they have previously discussed about the Protestant chaplaincy. But, more information may be useful in understanding what was formally presented to the representatives of the Protestant affiliated ministries whose relationship with Georgetown has been severed. Here is the Rev. Constance Wheeler's letter [Wheeler letter].    RJA sj

Thursday, August 31, 2006

Catholic Universities and Outside Groups

I have followed with great interest the discussion among several MOJ contributors regarding the Georgetown University Ministry decision regarding the Protestant ministry office. I do not have answers to the questions posed by Rick and Susan about Georgetown. I did, however, find the justification offered for the decision not to rely on "outside groups" to be rather thin. My reason for stating this is based on an examination of several Jesuit tradition university campus ministry websites, including Georgetown's. With hyperlinks from these sites, one can discover varying degrees of connections with many outside groups when it comes to a variety of programs including "social justice" volunteer opportunities. These links would apply to students of all faiths at these universities. In this category, one will come across links to the ACLU and Amnesty International. Some of these two organizations' existing programs or new programs under consideration challenge Catholic teachings on important subjects. Yet, these outside organizations are institutions to whom Catholic students are referred directly and indirectly by the Catholic chaplaincy offices. I wonder if anyone at Georgetown or other Jesuit tradition schools has considered the effects that such organizations could have on their Catholic students? Or, Protestant students? As I said, earlier, I really don't have answers to Susan's and Rick's questions. Rather, I have some new issues that may intensify discussion on this topic.    RJA sj

Tuesday, August 22, 2006

Mary: seat of wisdom; mirror of justice

Today we, in the Catholic Church, celebrate the Queenship of Mary. I have been helping out a local pastor at his parish during my summer teaching in the US.

During the Octave of the Feast of the Assumption and today’s celebration, we have been reciting a Marian Litany at the Masses celebrated in this parish. During these recitations I have come to appreciate more the importance of Mary as a source of inspiration to Catholic intellectual thought. Two of the stanzas of the litany are “seat of wisdom” and “mirror of justice” (catchy name for a blog!). All of us, be we contributors or readers of MOJ, might pause for a few prayerful moments today to offer thanksgiving to her as a model of many virtues but, in particular, those of wisdom and justice.   

RJA sj