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.

Sunday, June 4, 2006

CST and CLT

I would like to thank Rick for his informative posting, and I am sorry for the trouble that he had waiting on the tarmac for six hours. It seems that airplanes and busy runways can offer opportunities for mini-retreats. I’ll have to keep this in mind.

I was unaware of the fact that there was a three day conference and discussion on these important topics. Since I was not present, I hope I am not intruding into Rick’s invitation by responding to his request that he would like to hear the thoughts of those who were present. It may also be that my few thoughts were raised by some who did attend.

If there is an impression that “it all begins with Rerum Novarum” (CST and, therefore, CLT), I think that would be a flawed assumption. There is no question that Pope Leo XIII’s papacy and his great encyclical are important for any serious Catholic investigation, but there is a preceding foundation that needs to be taken into account.

The foundation begins with the need for solid catechesis. A lot of us involved with the Church and its educational efforts, particularly at the tertiary and post-tertiary level have come to realize the impoverishment of understanding the faith. The higher one goes in the formal educational system, the easier it becomes to assume that students and faculty have learned and taught the first principles of the faith. This assumption, as it turns out, is often wrong. Essential tools for remedying this would be texts like the Catechism of the Catholic Church (especially its outline and using its footnotes as invitations to further, deeper study), a good “sources” book such as Denzinger, and another excellent and readable text called “An Introduction to Christianity” written by a young German theologian back in 1968. Having a better and solid understanding of Christianity and Catholicism, we can better understand the tasks that CST and CLT have regarding the salvation of humanity. While the corporal works of mercy are important to the Church, that is not why God gave us this great gift, and that is not why God became revealed to us on the cross.

With the foundation in mind, the next step is to begin to examine the role of the Church in the temporal order, for that is where CST and CLT come into play. The issues that fascinate us today concerning bioethics, family life, the use of force (“just war theory”), humanitarian intervention, the role of Catholics in public/political life, the role of the laity, human rights, etc. did not begin in the twentieth century. The history of the Church and human history show us otherwise. I think that is why we need to be familiar with the existence and then the content of a rich deposit of literature that captures the work of the Church and its members since through the progress of time.

For example, there are works of Augustine and Aquinas; the texts mentioned in “sources” books; the bibliographic materials put together by Prof. Sylvester Hemleben and published by the University of Chicago Press in the 1940s; the Herculean bibliographic efforts of Sister Claudia Carlen, IHM beginning in the 1930s and extending into the 1970s; the commendable commentaries and translation activities of Mr. John Eppstein in the 1930s; and the activities of James Brown Scott and Oxford University Press (now available through Hein On-Line) of preserving the extraordinary work of the Schoolmen Francis Suárez and Francis de Vitoria who wrote about the use of force and discussed human rights in the sixteenth-early seventeenth centuries. Social justice is a phrase often heard in CST and CLT schools, but its origins are less well known. The work of the nineteenth century Luigi Taparelli d’Azeglio is crucial to any endeavor of seriously studying “social justice.” Taparelli’s works have never been translated into English; however, Prof. Thomas Behr has given some important conferences and published some good articles on the thought of Taparelli. I am beginning to work on a project of translating Taparelli’s Saggio Teoretico di Diritto Naturale—anyone interested in helping?

With some command of these resources, the teacher, the student, and anyone else interested in CST and CLT can begin to chart the paths of numerous, potentially rewarding and enlightening investigations which bring us to the rich discussions of the twentieth and twenty-first centuries. Even an introduction to these materials will give the serious and humble investigator an appreciation of how the Church and its members have tackled the meaning of “the rule of law” over time. But this can only be a beginning as I have learned through my experience of directing a seminar this past semester entitled “The Rule of Law and the Thought of John Paul II.” My students and I had barely made a scratch in the surface of the contributions to some of the issues of concern to CST/CLT study proffered by principally one pope of recent times.

Let me conclude these ruminations by thanking Rick for the questions he has posed. I think they will open many doors to fruitful study, discussion, and learning. Again, I hope that I have not intruded into a discussion properly belonging to those who attended the Fordham gathering.     RJA sj

Sunday, May 28, 2006

Individuality and Personhood

I would like to thank several recent contributors, especially Rob, for posting several important topics that are a catalyst for my considering further the nature and essence of Catholic Legal Theory. I am also most grateful for the recent postings of Professors Robby George and Doug Kmiec brought in by MOJ regulars. Through these discussions, we see again how the “trigger” or “hot button” issues of the day are or may challenge not only Catholic Legal Theory but the Church, herself.

I have been trying to think why is there this conflict that today seems inevitable when the rule of law and democratic society are examined by a wide variety of thoughtful individuals given the context of topics like abortion, war, terrorism, euthanasia, same-sex marriage, etc.? I hasten to add that I read quickly a number of the Beckett Fund collection that are linked to Rob’s post “More on church autonomy and same-sex marriage”.

For me, the conflict, or the coming train wreck as some describe the growing controversy, emerges from a fundamental disagreement about the nature of the human person. If I may borrow from the work of Jacques Maritain and others here, this conflict (or coming train wreck) pits one conception of human nature that is based on “the person” against another that is concerned about “the individual.” Many may argue: aren’t they the same? In a way, I suppose so, but it is important to see the vital distinctions that others, such as Maritain, have identified and that can open, I believe, not only doors for CLT but also hope for avoiding the conflict—the train wreck—that is taking its toll on society, on the law, and on us.

Put simply, the notion of “the person” looks at the human being physically, spiritually, and metaphysically. With this background in mind, one sees the essence of human existence as being defined by the self in communion with something beyond the self. On the other hand, “the individual” is the autonomous being who, when all is said and done, is alone. Yes, “the individual” wants rights, equality, autonomy, etc. But there is little beyond the self that determines what the self wants, what the self is, and what the self needs. With “the person” there is much more. When supporters of these two views are asked: what is important to the human being; what is the human being’s destiny; etc.?, very different answers will appear. These answers are powerful, and they fuel the conflict; they propel the trains on the collision course.

I, for one, conclude that it is the notion of “the person”, as briefly defined here, that is crucial to our nature as human being and our destiny. It is therefore vital to understand why “the person” rather than “the individual” is at the heart of why we have law and why we have its rule. But, I hasten to add that there is another view inexorably racing in the opposite direction on the same track. This is one instance in which I hope I am very wrong, but after having taken account of many recent important postings on this site and those external discussions that have been linked, I find that I may not be—wrong.    RJA sj

Saturday, May 27, 2006

Climb every mountain…

I have discovered that over the past several days, there have been a number of expeditions on Mount Everest in which explorers have passed by the “bodies” of other recent explorers who did not make it to the summit. A major problem that quickly arises is this: why did some recent passers-by not stop the check those who seemed dead? In fact, one of those passed by was not dead at all but very much in distress. He was left behind by his own group of “brave” explorers. Our Blessed Lord reminds us in his farewell discourse that there is no greater love than to give one’s life for one’s friends. I believe that Sir Edmund Hillary was of the school that reaching the summit was far less significant and noble than saving someone along the way. I wonder what has happened to his wisdom?    RJA sj

Why Tolerate ....?

I have read Professor Leiter’s draft essay “Why Tolerate Religion?” for which Rob gave us the link and published the abstract. I was disappointed that the Leiter essay does not refer to many thoughtful discussions going back for centuries, even millennia, about religion, religious belief, and religious faith that could offer rationales why religion needs more than simply toleration, but certainly toleration will do for the time being. I then re-examined his essay and the abstract provided and began to substitute other topics such as “abortion” and “same-sex marriage” for “religion” and wondered how these and other contemporary topics might weather a Leiter-like scrutiny?     RJA sj

Monday, May 22, 2006

They shoot horses, don’t they?

Today the on-line news services had a great deal to say about Kentucky Derby winner Barbaro’s accident at the Preakness Stakes. The photograph of Barbaro nobly pursuing the race with a broken hind leg jutting out spoke a great deal about not giving up on the goal of a lifetime—to win the triple crown. Today’s New York Times had a short article by Jane Schwartz, “We Care, But Why Do We Care So Much?”, (Here) about Barbaro. But, after reading her short story (the author wrote a book on another famous race horse, Ruffian, who was euthanized after a debilitating racetrack accident back in the mid 1970s), I came to realize she was addressing much more than a noble horse and a great jockey trying to save his horse. She was really writing about all of us in the human family and the cares and concerns that we may harbor.

Ms. Schwartz asks early on an important question about Barbaro’s racing accident: “Why do people care so much about the fate of an animal to which they have no personal connection?” Perhaps her question could be simplified by dropping the phrase “to which they have no personal connection?” She goes on, though, to answer, in a way, her question: it breaks the hearts of people when animals have to be destroyed.

Ms Schwartz is thinking beyond the Preakness Stakes incident and aftermath because she begins to introduce the real question: what if it, the horse, were a human being? She notes that good, meaning famous, horses “are treated the way every child should be treated…” The emphasis is mine. But we should pause and ask ourselves the question: how are children, how are people, in reality treated? Does it depend if they are famous or not like Barbaro? The author also notes that there seems to be a social pressure not to destroy the animal “even when that may be the most humane path.”

A few years ago I found myself on the periphery of a controversy involving the applications of several student groups that were seeking recognition by the student government so that they could qualify for campus funding and other university benefits. One group was “Law Students for Choice.” The University administration correctly stepped in and noted that it would be a problem for the institution which asserts a Catholic identity to recognize this group as a qualifying student organization. In response, some members of the university community then began to raise questions about a student pro-life group that was also seeking recognition around the same time. I don’t believe the latter group ever got by the student government board. Oddly enough, the Animal Rights group made it through to the finish line, so to speak, and on to become a recognized student group.

To go back to Ms. Schwartz’s remark that there seems to be social pressure against killing animals: it is harder to make the same claim on behalf of human beings in many contexts. Be the topic abortion, embryonic cloning, euthanasia, Darfur, or black market sale of human organs, does our society, do we, express the same caring for people as we seem to convey for animals?

And that is where we who are educators asserting the role of Catholic legal theory have a role to play. Ms. Schwartz concludes her essay by talking about miracles of famous race horses recovering from tragic accidents. Her last line is about what she identifies as the “real miracle” because so many people “are still capable of caring so much.” But, I ask, do they care about people as much as animals? If it is good to hope for animals, famous or not, is it also not a good to hope for people, be they famous or not? The answer to that question must be yes. But our culture, which is quick to display its empathy for a famous animal, does not always respond in a similar fashion when even one person, let alone thousands or millions, is forgotten by the same culture.

That is where educators concerned about Catholic legal theory have a crucial role to play—a role so crucial that it, too, could be the goal of a lifetime. There is something about educating inquiring minds (be they students, readers of articles, judges, legislators, administrators, and citizens with whom we come into contact) concerning the inestimable value of every human being whose future, both in this world and the next, should not be fraught with decisions and attitudes that many would find barbaric if they were directed toward a horse. I am sorry for Barbaro, and I am sorry for Ruffian, the famous horse that is the subject of Ms. Schwartz’s book to which I made previous reference. But I am far more sorry for those children, born and not; those mature men and women struggling with the problems and conflicts of life; those aging elders left alone to die; those disabled persons who do not seem to exist, all who are viewed by a culture and its political and legal institutions as being dispensable because they are not famous—and if they are not famous, then they are unknown. And it becomes easy to imagine that they do not exist. That is the challenge for us: to demonstrate that they do exist and merit the primary concern of a people that are “capable of caring so much.” God has expressed his love for them. Might we not do the same if we are capable of caring so much? Surely the New York Times is not the only venue in which such caring can be displayed.    RJA sj

Sunday, May 21, 2006

Immigration and the family

The questions about immigration, legal and otherwise, continue to surface. Mary Ann Glendon has just published, in her characteristic fashion, a thoughtful essay in the newest issue of First Things (Here). She takes the occasion not only to tackle the topic but to offer insight into other issues related to questions dealing with immigration that affect American and western culture. One of these issues concerns the family. There was a time when the family was a potent auxiliary resource for dealing with a multiplicity of social and economic issues. However, with its dissolution and redefinition, this fundamental unit of society seems no longer capable of serving as a safety net to the degree that it once did. Mary Ann's reflection once again serves as a catalyst for thinking about how Catholic legal theory might address some of these problems that confront us today.    RJA sj

Sunday, May 14, 2006

Choose Life

Many MOJ contributors have identified and have begun to discuss some important aspects of contemporary issues including abortion and capital punishment. I shall begin this posting with a passage from the Book of Deuteronomy (30:15, 19):

See, I have set before you today life and prosperity, death and adversity… I call heaven and earth to witness against you today that I have set before you life and death, blessings and curses. Choose life so that you and your descendents may live.

Let me begin with a few thoughts about capital punishment and another command made by God that we must not kill. Today I discuss abortion and capital punishment seasoned with a few references to euthanasia. But there remains the question of the use of lethal force in self-defense that I will put aside, for the time being.

History has certainly presented the human race with enough monstrous tyrants who have earned the harshest punishment for the torturous deaths that they have meted out to others. But does this mean that the Christian, the Catholic, when justice is to be administered to the perpetrator, must implement the eye-for-an-eye sort of punishment? I do not believe so. Several MOJ contributors have indicated that civil society and the Church, in both of which we claim membership, are moving away from the use of capital punishment for the most outrageous crimes. I have also been following another argument outside of MOJ made by advocates opposed to lethal injection execution that the chemical cocktail administered during this form of capital punishment constitutes “cruel and unusual punishment.” The recent experience of a condemned man informing the death chamber authorities that “it’s not working” reinforces their concerns. I find merit in their argument, but I wonder why advocates for euthanasia have not caught on to this problem since their chemical cocktails are geared to a “noble” purpose in their estimation—the use of a cruel and unusual means of accelerating death that is voluntarily chosen. But, I digress.

In considering the question about the permissibility of capital punishment, there remains a series of issues that must be addressed with the application of right reason as developed in the context of Catholic moral teaching. Defining these issues clearly aids in understanding the objectives that any punishment, including the death penalty, can serve in advancing the proper interests of victims and their families, the guilty who have committed serious crimes, and society as a whole. This inquiry enables us to consider suitably the important matters related to just punishment involving: the self-defense or protection of society; retribution or vengeance; the deterrent quality of the punishment; and the goals of compensation, restoration, rehabilitation, and reconciliation. When all is said, it should appear that there are other means of protecting ourselves and our society from the perpetrators of heinous acts without accelerating their death. Since God gave each person the gift of life, it is for God to call that person to respond to and account for the sins of commission or omission during one’s lifetime, and society should exercise caution, prudence, and wisdom so God’s plan of salvation for everyone can be fulfilled. To interfere with this salvific plan is not a proper human activity. Even if the condemned were to give consent, no one must interfere as directly as capital punishment would interfere with God’s justice and God’s reward or denial of His plan. Even the justly convicted must be given, notwithstanding other punishment including life imprisonment, the opportunity for redemption, and to reduce by artificial means the time in which the convicted person’s redemption might take place is to place a human judgment before God’s. As teachers of the law and as Christians, we have a variety of duties in regard to God’s plan.

And this brings me to the question of abortion. Taking the life of the innocent is even more reprehensible than taking the life of the scoundrel. It is intriguing to reflect on the position held by some that taking the life of those guilty of the most heinous criminal activity is a moral outrage but taking the life of the innocent person (I use the term intentionally) is not. And how does the Christian, the Catholic respond to this? Well, we have not far to go to acknowledge that taking the blameless life is also wrong. But we are confronted with an irony in the law, an irony that our society and we, as it members, must take responsibility. That irony is presented by the irreconcilable conflict of the “legal reasoning” of Roper v. Simmons on the one hand (which precludes the taking of the life of a thug who happens to be a minor) and that of Roe v. Wade and Stenberg v. Carhart (which permit the taking of the life of the guiltless on a massive scale) on the other.

And what are we to do as Catholic legal theorists about these situations? If it is impossible to do away with them immediately, we must not surrender hope that these actions which offend our moral senses need be permanent fixtures in our legal landscape. We have a duty to demonstrate the inextricable link between the moral natural law and the law which society should and can conceive. But our activities cannot stop here. The question has been correctly posed: what does prudence (and for that matter, the other virtues including justice, courage, and wisdom, etc.) require of us in this task? While the underlying precepts of the moral and civil law are different, the two necessarily must overlap. The civil law must guarantee the fundamental rights given to us by God through an ordered society; the state is not the author of these rights; God is their source. If each of us (be we citizen, legislator, or judge) cannot immediately change that which threatens the most fundamental right upon which all others are based—the inviolable right to life—we are still called to minimize the threat to this right. In those cases where it is impossible, for the time being, to expunge the offensive law, it is imperative to begin the process of limiting the harm that is achieved by it so that its consequences will decline. As the Church teaches, this does not represent improper cooperation with an evil, but it is the duty of the faithful individual to limit the effect of the law in its evil aspects. [Evangelium Vitae; 2002 Doctrinal Note of the CDF on Some Questions Regarding the Participation of Catholics in Political Life] And, like Thomas More, we can also pray for a miracle in the meantime.

Also in the meantime, we need to take stock of the consequences that these existing laws have or can have on other members of society—particularly those whose consciences may be imperiled if they are required to comply with an evil law. John Paul II reminded us that we are participants in democracy, but he counseled that a democracy that loses its moral compass and corresponding values easily converts into an “open or thinly disguised totalitarianism.” Thus, there remains the Christian and Catholic duty to see that such persons who object to evil in the law remain protected so that they are not forced into complicity with those laws which are evil and cannot yet be changed. John Paul also exhorted us: “To refuse to take part in committing an injustice is not only a moral duty; it is also a basic human right.” And, as Rick notes, “we are permitted by the Court to have such conversations about capital punishment.” However, can the same be said about abortion? About euthanasia? About other moral issues that lie in wait on the horizon? In the interim, our classroom teaching, our research and writing, and our debate in this MOJ forum might serve as a humble but essential beginning of the affirmative task God has given us: to choose life.      RJA sj

Monday, May 8, 2006

The Imperfect Forecast

I begin this posting by asking the indulgence of MOJ contributors and readers for talking about Catholic identity at colleges and universities once again; however, over the past day, Greg, Mark, and Rick have made some important observations about recent developments at several universities and the recent publication of Cathleen Kaveny’s essay “The Perfect Storm” in America magazine. All three MOJ contributors and Cathleend have made important and insightful observations. Frankly, there is not much to argue against and much to agree with in their respective treatments. Their commentaries have helped me understand better why we are discussing the issue of Catholic identity again and why it is an issue that cannot be dismissed from our consciousness. Cathleen’s essay emerges from the recent controversy at Notre Dame over the Eve Ensler’s Monologues. Also at play in this discussion is the situation at Boston College regarding the letter issued by Fathers Himes and Hollenbach critiquing their university’s decision to award Secretary Rice an honorary degree and to give her the commencement speaker’s podium.

I should like to make three points today.

The first is to offer a preliminary reaction to Cathleen’s comment that Ms. Ensler’s work “gives raw, eloquent voice to the experiences of actual women.” In the introduction to the 1998 (first) edition, Ensler states that the Monologues are “based on interviews with a diverse group of over two hundred women…” It is not clear from what the author says in her introduction whether any of the monologues reflects the experiences of one of the women interviewed, or are the monologues composites of interviews with different women, or are Ensler’s presentations syntheses of the interviews and the creativity of the playwright? These few questions have relevance to any discussion about the propriety of the Monologues on a Catholic campus. Based on my reading of the 1998 and 2001 editions of the Monologues, I must agree in part and disagree in part with Cathleen’s characterization of the work. It is raw, but it is not eloquent.

The second point regarding Catholic identity emerges from an important topic of concern to many Catholics and others affiliated with Catholic education that is not discussed on Catholic campuses as frequently as it should: that is the subject of sin. While keeping in mind the clever characterizations and commentaries of others about sin that many of us have heard when someone attempts to dismiss its relevance to the world of today, there is the need to acknowledge that sin exists and to discuss how it affects human existence. This discussion belongs on a Catholic campus. Strangely, discussion of this important matter today on Catholic campuses seems sparse and, sometimes, absent. Sin and the temptation to sin are parts of human existence that arise through the exercise of free will. Ultimately we, as individual human beings, make the final decision to sin or not. But is the word “sin” a part of our contemporary vocabulary; is it something that gets regularly discussed and examined on the Catholic campus; is it the sort of matter we reflect upon when we address a major issue of God and the incarnation? Do we in the Catholic intellectual world consider in our discussions, teaching, research, etc. the question: why did God become incarnate? Well, the basic response to this question, I believe, is this: to save us from our sin. I remember having a conversation with a brother Jesuit a few years ago. He had served for many years as a distinguished superior and administrator in Catholic higher education. When he and I had this conversation, he was teaching a required theology course to freshman students. It was clear what the subject was that his students had difficulty grasping. After listening to him, I said, “Oh, you were discussing ‘sin’ with them”? He said, “Oh, we can’t use that word… the students wouldn’t understand!” My final comment (question) was: “Why not?” Why is not only the discussion but its examination in an academic context off limits? Ms. Ensler would like us to add one of her favorite words to our daily vocabulary, but why do we shy away from using another word, “sin,” that should come natural to our Catholic discourse?

My third and final point for this posting relates to one other observation made by Cathleen. She mentioned that “membership in the church cannot be equated with virtue.” Perhaps there is something to her claim, but is it not also important to learn why virtue and striving to live the virtuous life is the antidote to sin—something which Cathleen does raise in her discussion of sin? When sin beckons us, is not the virtue of forbearance relevant to how we respond? When others tempt us into sinful action, is not the virtue of courage helpful to resist their Siren call? When we do not understand whether something is sinful or not, does not the virtue of wisdom provide the sagacity to make appropriate distinctions? When the cardinal sin of pride lures us deeper into temptation, is it not the virtue of humility that puts us back on the course of righteousness? In taking action or not that may have sinful consequences, does not the virtue of prudence help guide our way along a perilous path?

When the perfect storms of life threaten our progress as thinking disciples of the one who came to save us all, is it not the ability to know sin and its remedy in the form of the virtuous life the task of the Catholic university? Cathleen is correct in my opinion when she warns about the dangers of assimilation and isolation. However, the meaning of “engagement” as she posits needs to be explored more fully. If sin and the temptation to commit sin can form some of life’s perfect storms, is not a thorough knowledge of the virtues and the virtuous life the manner in which God assists us so we may deal with the tempests of the world—including its sinful temptations—that can consume us? While the Catholic educational institution may not be faultless, if it is true to its vocation, might it just be an important tool God provides us, imperfect as we might make it, that can help us forecast and weather the storm of which Cathleen speaks?    RJA sj

Friday, May 5, 2006

For Michael

I would like to offer a few thoughts for Michael P. and the rest of us who wonder if we are called to be saints.

My first point is this: I think I am called to be a good priest. For Michael, a good husband and father. For the rest of us, probably more a combination of the latter (spouse/parent) than the former (priest). For all of us: good teachers.

The second point comes from Amy Welborn's web page that could offer us all some insight about sainthood: ""She could never be a saint, but she thought she could be a martyr if they killed her quick"      RJA sj

Monday, May 1, 2006

Catholic Intellectual Tradition and the Present Age

During the past year, I have had the privilege of reading many thoughtful contributions posted on MOJ concerning the role of the Catholic intellectual tradition in general and, therefore, CLT on the law in particular. Moreover, I have had the honor to participate in several of these discussions and friendly debates. Recently, I have been reading two important works that have made me reconsider the topic of the Catholic intellectual tradition in general and its application to the law in particular. These two works are John Tracy Ellis’s essay “American Catholics and the Intellectual Life” published in the fall of 1955 in the Fordham University sponsored publication Thought. The second work is a book by Alice Hogge entitled God’s Secret Agents—Queen Elizabeth’s Forbidden Priests and the Hatching of the Gunpowder Plot, published last year by Harper Collins.

In the context of the fundamental purpose of MOJ and the development of CLT, these readings have prompted two questions that I should like to begin exploring. The first is this: is a dark history that has challenged the Church and its extraordinary contributions to public life being repeated today, in Western culture—including the U.S.? If the answer to this question is yes, what role, if any, does CLT have in offering some remedy?

Throughout its history, the Church—the People of God—has undergone critiques that have led to persecution and suppression. From martyrdom in Rome to anti-Catholicism of the present age, the Church has had to deal with those in a surrounding culture who not only disagreed with its teachings but attacked its members in a variety of ways in efforts to stop the Church’s influence on the surrounding culture. In the past, this has led to martyrdom, be it in a Roman arena or at Tyburn; today, like in the age of Elizabeth I, it might include legislative efforts that target the Church and its members by placing regulations of various sorts on institutions and individuals with such penalties and restrictions that life as a Catholic or existence as a Catholic institution may become too burdensome. In this context, we might recall efforts discussed in MOJ regarding financial reporting requirements, amending statutes of limitations, and claims about academic freedom on the campuses of institutions of higher learning that have a Catholic foundation.

The point that I am making here is that teaching about and cultivating the virtuous life that has been a part of the Catholic tradition since the Church’s beginning has often been viewed as a menace or threat to those who disagree with the Catholic perspective on many topics. Consequently, those who oppose or disagree with the Catholic voice pursue measures of various sorts to stamp it out or at least neutralize it. Often they do so by introducing countermeasures that reflect the caprice of the present age that might find favor with those not disposed to the Catholic perspective.

In the context of the Catholic academy, we have recently discussed the goings on at Notre Dame regarding the Monologues controversy and Fr. Jenkins’s response. During the past week on two other “Catholic” campuses, the majorities of their respective student governments have passed resolutions that defy the Church and its teachings. At one school, the student government passed a resolution demanding that the university student health center distribute condoms. At the other institution, the ultimatum is that the university recognize a pro-abortion advocacy group. In this latter context, the undergraduate government pointed to the university’s law school which allegedly has “an abortion rights group on campus.” One of the student legislators claimed that the American Bar Association “will not certify the law school if free speech for abortion rights activists is not allowed.” Therefore, “it’s hypocritical for undergraduate and graduate students not to be on the same page.” Araujo here: does the ABA mandate such a requirement? I question the basis of this student’s claim knowing that several law schools on Catholic campuses have recently denied recognition to local chapters of “Law Students for Choice.” But I digress.

Another illustration of the problem that affects the Catholic intellectual tradition on Catholic campuses is a betrayal of moral virtue. Last night I viewed an archived web cast of a recent presentation entitled “God and Morality in the Public Sphere.” I was looking forward to viewing this lecture and hearing the speaker; however, the introduction of the guest speaker by a student leader suggested that God and Morality do not belong in the public sphere when he said, tonight’s speaker “has spoken eloquently on separating morality and legality…” My hope that the speaker would take a different bearing was disappointed when the speaker commended the student leader and suggested that he would be elected to high public office, including Congress, “in a moment.” Araujo here once again: it strikes me that when laws are separated from morality, the positivist mind can dominate the legislative debate leading to the passage and enforcement of laws that can do terrible things to people—all quite legally, I hasten to add. But, again, I digress.

There is mounting evidence that today the Catholic perspective is being marginalized, even ridiculed on campuses that call themselves Catholic. In his 1955 essay, Ellis related a conversation he had with Arthur Schlesinger, Sr. in 1942 and how the latter informed Ellis that he regarded the “bias against [the] Church as the most persistent prejudice in the history of the American people.” Is it possible that this prejudice has found a home in, of all places, the Catholic university of the present day? When I recall the events I have described here that have taken place on Catholic campuses this spring; and when I recall the increasing number of Catholics graduating from Catholic campuses who enter public life and advocate positions contrary to Catholic teaching, I wonder what has happened to the intellectual tradition that is called Catholic?

So, my first question has been posed, and I have attempted to offer a response. But the second question brings some hope: what can the Catholic intellectual tradition of today do? Is this tradition alive? Indeed, it is on many campuses. Moreover, MOJ’s institution has provided some evidence that the remedial presence of this tradition on some campuses, both Catholic and not, is exercising a role in a wider venue as well. What is need is for the tradition to be acknowledged as the motivation and justification, the raison d’être, for the institution that claims to be Catholic. Both Fr. Ellis’s essay and recent discussions in MOJ have pointed to the importance of how the Catholic perspective can be marginalized when it is assumed, erroneously, that the success of the institution is really dependent on the number of dollars in its endowment or the academic and professional pedigrees of faculty whose sympathies for the Catholic intellectual tradition are either weak or do not exist.

In short, that is the good news. Should we be satisfied with what we have? I don’t think so, for there is much work yet to be done. It is clear that much of this labor consists of the time and energy-consuming project of present contributors to MOJ. But it is also the work of those who read MOJ; those who administer or support Catholic institutions of Catholic higher education; those who attend these schools; and those who send their children to them. With this in mind, the prejudices and persecutions of the past of which I have briefly spoken need be a part of history forever. This is the task of the Catholic intellectual tradition: to demonstrate to the world that the intellectual examination and cultivation of moral virtue, the work of discipleship, has a proper place not only in the Catholic academy but the world as well.    RJA sj