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 27, 2012

The Vatican and the Rule of Law

 

On this past Monday, Archbishop Dominque Mamberti, the Secretary for Relations with States of the Roman Curia (essentially the Vatican’s foreign minister), made an important statement at the first-ever high-level meeting on the rule of law at the national and international levels at the the General Assembly of the United Nations. The archbishop’s intervention is here.

At the outset of his intervention, Archbishop Mamberti echoed the widely held concerns about the crises which the human family presently faces. But the archbishop noted that the common good is an essential basis for meeting these crises. As he pointed out, the concern for the common good serves the human family by seeking an effective and universal rule of law which is necessary for a just, equitable, and effective response to any crisis that threatens humanity universally or regionally. While some may be tempted to rely on general human rights claims that have a positivistic inclination, the archbishop noted that more is needed as the rule of law is a tool to obtain an objective that affects everyone. In this regard, he noted that the inviolable dignity and value of everyone is vital to the rule of law project. Moreover, the rule of law must inevitably be based on this reality rather than on social consensus. In other words, truth rather than compromise is needed for the rule of law that is both durable and true to its calling.

He also noted that as legal systems of the world become more complex, there can be a tendency for a proliferation of norms and procedures that can eventually become contradictory of one another. The problem with any potential or actual conflict of norms is that it will inevitably place the rule of law in jeopardy.

On another related concern, we at the Mirror of Justice have sometimes noted that the fragmentation of the educational process is counterproductive to learning. The archbishop raised a parallel concern when he commented on the of fragmentation that infects legal reasoning today. This infection has sometimes reached the point where what the law is supposed to be about—a service to all humanity—is either lost or weakened because the inalienable dignity of each member of the human family, who bears the divine imprint, is forgotten by some of the players in the formation and administration of the rule of law. This tendency can actually generate a paradox that the rule of law, which ought to protect legitimate interests of everyone, achieves the opposite.

The archbishop also acknowledged in his intervention that the rule of law must always have the objective of achieving and sustaining justice. But what is justice? Well, the archbishop provided an answer by asking the non-negotiable question of what is right and what is wrong for each and for all. In short, justice is due all because it concerns every member of the human family. I point out that the vital modifier “universal” in the context of the declaration about human rights echoes this very sentiment made by the archbishop.

He also spoke about faith to his pluralistic audience because the Charter of the United Nations mentions it. Faith for both Catholicism and the United Nations means seeking knowledge of the transcendent rather than the immediate. In this context, the archbishop reminded everyone that the human person is not self-creating. He also pointed out that the nature of every human person is a synthesis of intellect, will, and essence that reflects both the individual and the universal elements of everyone. Moreover, understanding the authentic nature of the human person is critical for the rule of law if it is to be true to its vocation. In this regard, the natural moral law rather than positivism must be the inspiration for the human law that is critical to the success of the rule of law.

At this stage, the archbishop raised his concern about the lobbies or special interests which have a strong will to achieve and implement their goals that are contrary to the welfare of the dignity of everyone and to the common good. Perhaps in this regard, he was thinking of the statement of Blessed John Paul II that even a democracy without the proper values is nothing more than a thinly disguised totalitarianism in that the concern for “me” rather than “thee” becomes the catalyst for the making and application of norms. The rule of law can never succeed when the interests of the “will of the powerful” prevail. As the archbishop stated, the rule of law will not be successful in its vocation unless it secures the “transcendent value of the human dignity” of everyone.

Another important and concluding point offered by the archbishop, which has particular application to the rule of law in the United States today, is the protection of the first freedom: the freedom of religion. When people are not permitted to exercise this essential right needed for human dignity because of the law, the rule of law has been compromised and transformed into something that menaces the society it was designed to serve and protect. This inviolable freedom is critical to the truth which serves and sustains the rule of law for everyone. As the archbishop reminded his audience, this fundamental liberty is “an inalienable hinge of the rule of law” not only for the believer but the non-believer as well.

 

RJA sj

Wednesday, September 19, 2012

Pope Benedict in Lebanon

 

The Holy Father has returned safely home from his apostolic and diplomatic voyage to Lebanon. Deo gratias for his safe travel and ditto for the people of Lebanon. I think that this voyage, while not as widely reported by some elements of the press as other apostolic journeys, is significant on many fronts. But I think that it has particular relevance to those of us who are interested in developing and teaching Catholic legal theory and who are also interested in applying this theory to the intelligible world we encounter in our various labors.

Of the several speeches and homilies delivered during this trip, the pope’s September 15 address during the meeting with the members of government, other institutions, the diplomatic corps, religious leaders, and representatives of what was termed as “the world of culture,” has some particular challenges for us of the Mirror of Justice community. This address is here.

While many of the points Pope Benedict presented and developed merit commentary, several are of particular importance to those of us who are teachers. A remarkable point advanced by the pope—one not often heard in the halls of the academy these days—is that the goal of education is “to guide and support the development of freedom to make right decisions, which may run counter to widespread opinions, the fashions of the moment, or forms of political and religious ideology.” There are two elements of this statement upon which I focus some brief commentary.

The first is the component dealing with freedom; the second is that which deals with making right decisions or choices.

The academy of the present age often regards itself as the place where freedom is essential to the educational process. In this context, we don’t have to think too long about the cries made by some faculty and administrators for preserving academic freedom. Academic freedom is an important right, but it also bears with it responsibility. Moreover, as I have rhetorically asked earlier on these pages, does this right advanced by some of its most vocal proponents typically mean something like, “freedom for me, but not for thee!” In one sense, I am sure that the pope’s plea for freedom would be agreeable to most people who have something to do with education. But Benedict adds something to the form of academic freedom he proposes, namely: the freedom to make right decisions. His elaboration of freedom in education dealing with fads, fancies, and ideologies suggest that the Holy Father knows that there are freedom claims made that do not consider or avoid the need to take stock of not just choices willed by the individual but right choices.

And what might these be?

This is where another element of his address comes into play. Today many people dismiss the existence of evil. Oh, they will concede that people can be evil, but the notion that there is something called evil which is independent of the human person is not only alien to their way of thinking but nonsensical as well. There are even voices within the Church which dismiss the idea of evil in subtle fashion by questioning the conception of intrinsic evil. For them there are wrongs, but nothing itself is intrinsically evil. That is why Pope Benedict was clear by juxtaposing the presence of evil and the existence of the devil finds. It is this duality that ingratiates itself into the freedom of every person. Once the introduction of the duality takes place but the person sees no apparent threat to its entrance into his or her life, the doors are open for evil to complete its task. As Benedict suggests, this evil does not want to be the enemy of the human person; rather, it “seeks an ally in man.” And this is what leads any person anywhere to sin. He or she freely chooses this suspect ally as an option that becomes misguided, inauthentic freedom. This is why the pope presents an alternative way of exercising freedom: by knowing right from wrong, good from bad, evil from the moral, the human person has the potential to address evil not with more evil but with good, and he draws our attention to St. Paul’s letter to the Romans for our prayerful consideration (“do not be overcome by evil, but overcome evil with good” Romans 12:21).

One further consideration for teachers—and for anyone, for that matter—which emerges from Pope Benedict’s Lebanon exhortation is akin to the line often attributed to Edmund Burke: “all that is necessary for the triumph of evil is that good men do nothing.” In parallel fashion, Benedict said this: “The failure of upright men and women to act must not permit evil to triumph. It is worse still to do nothing.”

So, as we plan more lessons, prepare more lectures, draft more articles, and post more weblog entries, might we consider as a non-negotiable element of our task to educate for the purpose of forming a human freedom that is directed to making right decisions for all, for the common good, for God’s people? With this notion in mind, the evil that surely exists in our world might have fewer allies and more adversaries.

 

RJA sj

Saturday, September 15, 2012

What’s it all about?

 

Yesterday I had the honor of celebrating the Mass of Christian Burial for another member of my family, a maternal aunt. My cousins selected as the first reading a segment of Chapter 3 of the Book of Ecclesiastes, verses 1-15—the verses reminding us that there is a time for everything, including living and dying. As I sat in the sanctuary pondering on this passage knowing that I would be offering a homily, which would also include some commentary on Saint Matthew’s Gospel, “come to me all you who labor, and I will give you rest…”, I realized that the Ecclesiastes passage has a bearing on what most of us do outside of funeral Masses. Of course, I do not mean to suggest that other, even many passages of sacred scripture do not have application to us, our labors, and our lives—for they do. But this Ecclesiastes passage surely has a particular bearing on what the Mirror of Justice contributors in the realm of the teaching of the law and the development of Catholic legal theory.

The bearing involves this: keeping regular focus on the question of “what’s it all about”? Many issues and problems transect the work that legal academics—including the Catholic ones—tackle. Some of these issues and problems pertain to the important political issues of the day; in parallel fashion, others concern the fiscal questions that are inevitable to the study and practice of the law and its rule. Still other questions raise important psychological and sociological matters that are of concern to the law and legal theory. Others concern the relationship between the human person, human societies, and the state. But rarely does the question I pose get much attention. And by this question, I mean to raise the insufficiency of interest that deals with the essence and nature of the human person that inevitably brings up the question about human destiny. Some will argue that there is little need to address these old fashioned ideas about nature, essence, and destiny. I suppose the justification for offering and defending such a perspective is based on the fact that exaggerated human autonomy, relativism, and secularism provide strong currents in the academic world of today that has a strong influence on the making of law and the practice of the legal profession.

It may well be that the metaphysical reflection that surrounds the question I have posed is of little interest to some, perhaps many; it may also alarm and frighten others who “don’t want to go there” because it involves consideration of matters that go beyond the collection and assessment of empirical data. There are a lot of important issues that demand the time of our study and research and that have an impact on our teaching and public speaking. But I think one matter that is in need of greater attention is the question that I have posed. For the Christian, the inevitable encounter with God is fundamental, yet many often avoid consideration of the topic. I suppose one rationale used to support the avoidance is that the Christian does not want to offend the non-believing or questioning person. Yet, is it not more than fair to raise with anyone we encounter matters which deal with the destiny of the human person, which can begin with the straight-forward question: what’s it all about?

 

RJA sj

Monday, September 3, 2012

The Meaning of Reform in Things Catholic

 

Today, September 3 is Labor Day in the United States. In Milan on this same day, the church of that great city will bury its former archbishop Carlo Maria Cardinal Martini, S.J. who went home to God last week. He was a teacher and scholar of sacred scripture; in his later years he was nominated by Blessed John Paul II to serve as archbishop of Milan where he, Martini, was ordinary for twenty-two years. When he retired from that post in 2002, he spent much of his subsequent time at the Jerusalem house of the Pontifical Biblical Institute studying the word of God, which he lovingly taught for many years. During his appointment to the Milan archdiocese, he issued some nuanced views that challenged and possibly conflicted with Church teachings on several neuralgic issues.

A short while before he died, he gave his last interview in which the challenges he posed to others and the conflicts with Church teachings persisted. One theme from that interview which I find particularly intriguing, which has a bearing on all Catholics but especially those who shared the teaching profession with him, concerns the situation of the Church in the more prosperous regions of the world. Martini described the situation of the Church in Europe and in America as one of “weariness.” One of the reasons for the weariness according to him was the absence of caritas. He was not the sort of man who would identify a problem without offering a solution, and he proposed the need for conversion as one of the antidotes for this weariness. But here he pointed his finger at the Church’s leadership suggesting, amongst other things, that the understanding of human sexuality needs reconsideration; moreover, the use of the sacraments as a means of discipline rather than as acts of caritas is also in need of re-examination. While His Eminence may have offered some provocative thoughts for prayerful consideration, he limited his criticism on the source of the “weariness” to some members of the Church.

In this regard, I think he missed an important teaching opportunity. Why do I say this? He did not mention even once the existence of sin amongst all of God’s people. He did not discuss or mention sin at all in his interview nor did he raise the need to combat it by everyone. Is it not sin that permeates the human condition since no one is free from the temptations which are the source for the need for conversion? Has sin and the discussion of it gone out of fashion? Are only certain persons capable of doing the things which we used to acknowledge as sin? Even though he was a renowned Biblical scholar, had the cardinal forgotten the important lesson of the Gospel of Saint John, Chapter 8, that everyone is a sinner—not just some. That is why the need for conversion is universal and an ongoing life-long project for everyone. The cardinal used, in his interview, the Rahnerian image of the glowing embers being hidden by the ashes. By employing this image, his suggestion was that the ashes represent some in the Church (especially her leadership) who smother the embers of others who are the goodness and source of love. However, I think that he did not use this image to its best potential for each of us is a combination of ashes and embers—that is, each of us has committed, so each of us is also in need of conversion. As we are all sinners, each of us can and needs to muster the critical holy desire for conversion. We also possess the ability to recognize that the path to holiness is for us and for all others. If the cardinal had talked about this in his interview, I think he would have provided a better response to the weariness that not only affects the Church but all of human society.

So, you might ask, is there a counter-proposal to what Cardinal Martini had to say? I begin with his final comment to the interviewer which was, “What can you do for the Church.” Well, that’s a good question for anyone to address. It begins with a sound formation from which no person should escape or be permitted to escape. It is an education that is first and last premised on virtue and the life-long pursuit and cultivation of virtue. Virtue is an important and accessible counterpoint to sin and sinfulness. If sin comes from bad habits that go unattended, virtue comes from those good habits that are or should be a part of anyone’s education. Today’s education is saturated with the messages of self-esteem and empowerment. I suppose there is nothing wrong with that if education also includes other elements which primarily include the cultivation of the virtuous person. But if the essential virtue element is eliminated, where will the instruction of self-esteem and empowerment take any person? Does he or she know not sin because he or she does not know virtue? That seems to be the product of such an education which concentrates on the self, and the significance of caritas about which Cardinal Martini spoke so much will become all the more elusive.

 

RJA sj

 

Saturday, August 25, 2012

Onward Christian Professors!

 

Over the past couple of weeks since I posted my last contribution on The Examination of Conscience and the Examen, a number of my friends here at the Mirror of Justice have commented on various dimensions of the educational and other institutions with which we are associated. A common question that these comments raise emerges from the issue of what it means to be Catholic or to have a Catholic nature. I shall address a simpler matter today that has some bearing on this question which we tackle here quite often, namely, Catholic legal theory: what is it and how do we teach it? Or, what is it all about? But first I must note something about the challenges of the present age that interfere with the projects that bear the moniker “Catholic.”

As some of my friends here at the Mirror of Justice have recently noted, both the Church and law schools face great pressures today. Albeit of different origins, these pressures are nonetheless manifested in strains and tensions that interfere with the projects of Christian discipleship that include teaching law in the classroom and in submitting publications which somehow reflect this same discipleship. In the context of the academic enterprise of teaching law that is in accord with Catholic teachings and Christian principles, we also face the problems of those whom we instruct. One major problem is the increasing expenses our students face in pursuing their legal education; another concern confronting the schools with which we are associated is the declining interest amongst the eligible population of becoming a lawyer, which leads to the increased competition amongst law schools to demonstrate while the declining number of applicants should attend a particular institution rather than some other school. The forecasts about the declining student populations indicate that this downtrend is not cyclical but permanent.

But rather than focus on declining student populations and increasing costs (both of which are of vital concern to educators and their students), I would suggest that another challenge to the Catholic law professor is how to serve as a catalyst for those students whom we do encounter to be models and practitioners of virtuous persons who have a solid sense of what the law is about and what it is not about. While not as dramatic an issue as whether we will have students to teach and what we are asking them to pay, it is still a central issue that ought not to be avoided. What is the basis of my assertion?

Within the Catholic contribution to the development of legal institutions, the natural moral law and the development of the virtuous lawyer have always played a central role. Yet these topics are typically absent from legal education today and discussions or debates about what legal education should be about and include. If one doubts my contention, you need only attend a faculty meeting that addresses the crises that law schools are presently facing and take stock of the solutions that are being proposed and determine for yourself if virtue and the natural moral law are discussed by colleagues.

Again, I don’t have any profound insights to offer that are novel or innovative about this. What I do propose for consideration as these weighty matters are encountered is a rather simple set of thoughts that should intersect the daily life and prayer of any Catholic or Christian. These thoughts might be considered in the context of simple questions asked if not throughout the day then at least throughout the week. The first is: what is it all about? Well, for the Catholic and I think most Christians, it is about salvation and preparing for union with God. I realize that the Catholic and Christian law professor cannot specifically include this precise formulation in his or her work of teaching or lecturing or publishing, but on the other hand, our work does not automatically preclude the asking of this question “what is it all about” as we prepare our classes and draft our lectures, articles, essays, and books. While this is not an especially innovative thought as I have said, it is important and relevant to the work of the Christian law professor who is preparing people to enter a noble profession and to be citizens of the two cities that each person will inhabit—the cities of God and of Man.

While he was not a particularly religious individual, Dr. Ben Franklin purportedly said something that is beneficial to the point of this entry I am posting today. At the conclusion of the Constitutional Convention in 1787, Franklin was asked by a Mrs. Powel whether the Framers had given the people of the United States a republic or a monarch. As Max Farrand’s collection of the Records of the Federal Convention memorializes Franklin’s response, Farrand reported in this manner: “A republic replied the Doctor if you can keep it.” When we are asked by colleagues, prospective students, or, for that matter, anyone else who might inquire “what have we given to society and to education,” might we reply by saying that it has something to do with our discipleship and presenting the Church’s wisdom on the meaning of human existence? And quickly following this is another matter: can we keep this understanding of human nature and human enterprise alive not just for the present moment but for posterity? It will take effort, but effort is always a close companion of discipleship.

 

RJA sj

 

Friday, August 10, 2012

The Examination of Conscience and the Examen

 

As I am in the process of concluding my annual retreat, I am still confronted with a question with which I entered the retreat: does the daily examination of conscience and the examen have any application to the many elements that go into or undergird the Mirror of Justice project? The question lingers because I did pay some attention to this website during the retreat and was fascinated by Professor Greg Sisk’s impressive trilogy on Catholic Legal Theory and the role of many of us as educators. Perhaps the question is all the more in my mind as the new academic year is about to begin.

For those unfamiliar with the examination of conscience, it is a process by which a person prepares one’s self for the sacrament of reconciliation prior to making a confession. It is also related to an important daily element of Ignatian spirituality, the examen, promoted by St. Ignatius of Loyola, the founder of my religious order. Father John Hardon, S.J. made a helpful suggestion about the examen when he pointed out that dwelling on and praying about the three theological virtues of faith, hope, and charity can advance the encounter with God, something very much on my mind during the retreat.

In the examen, a person considers the daily events that have occurred and reflects upon God’s presence and absence in these events; thanks God for what has been encountered, be it good, bad, or indifferent; focuses on the personal impact of these encounters; takes one of these encounters and using it as a catalyst for prayer; and, finally, seeks God’s assistance for taking all that has been gathered in the examen and carrying it forward to the next day and beyond. I think Father Hardon’s contribution of the theological virtues (I should like to suggest that the cardinal virtues would also be useful, but will wait for another day to do this) accents the examen in a way that is useful for at least some of us who are preparing for the new academic year in which the plan is to offer, as Greg was pointing out, a Catholic approach to the law and the education associated with the institution and the profession. So, here go a few thoughts for those wondering how this year’s work might be improved by the disciple engaged in the apostolic activity of the classroom.

 I begin with faith. Specifically does it have an impact on what I am doing or trying to do in the classroom, the public lectures, and any other forum in which I serve God and my neighbor? In short, does faith, does Catholicism, have a distinct and palpable role in what I am doing? Do I fear presenting unambiguously this faith knowing that if may subject me to ridicule by colleagues? Am I concerned that the truth claims of Catholicism which conflict with the current trends of the culture the permeate the academy of the present age will be mocked or at least dismissed without a serious engagement of and discussion about their merits? The answers that I have arrived at to these questions are these: I should proceed with the gift of faith in whatever I do and wherever I live my apostolic life. As both Testaments of Sacred Scripture frequently exhort: be not afraid… particularly when disinterest or derision are the responses proffered to these initiatives.

The second theological virtue follows: hope. It is a credible hypothesis to suggest that there are too many lawyers who find there way into the general population today, although it is equally plausible that there are not enough good and virtuous people who happen to be lawyers in this same population. We find ourselves living in a country and world where there is not much hope about the future because apprehension is much easier to forecast and embrace. Notwithstanding the clarions of the candidates for public office who profess frequently these days that they are agents of hope, we live in a society and profession where hope is conspicuous by its absence. For those of us who are legal educators, we know that the economy and the cost of legal education are taking their toll on the concrete success of our students who begin to question the future and, therefore, display a frugality about hope. But is it not a part of the responsibility of the Catholic law professor to show that there may be something critical that is missing from this rather dismal view? Have we all deluded ourselves with notions of self-empowerment and being the “best” of whatever it is we claim to provide at our schools that we have neglected the promise of Jesus Christ: I am with you always even to the end of the age? When human aspirations are insufficient to show us the way to hope for the future, why not embrace Christ?

This is where the theological virtue of charity comes into play. I am sure that every person can find something for which he or she is grateful but then quickly forgets about this. The ease to forget is what can easily blind a person to the fact that there is something good in spite of the litany of difficulties which intersect human existence yet seem to be more easy to recall. Both the examination of conscience and the examen provide opportunity to recall the good that comes from God and that can be used to assist those who cannot see or elect not to see that there is reason for hope and, therefore, reason to experience the good, perhaps just in the simplest dimensions of our lives. The desire to show that there is hope to others who may be skeptical about hope and its companion the good is the task of the disciple, even the one who is called a lawyer and law professor. This desire is holy and apostolic, and it is an exercise of caritas. Quite frankly, this theological virtue is often absent from the halls of the legal academy notwithstanding self-serving proclamations that the law school is all for “tolerance,” “diversity,” “social justice,” “community,” etcetera. But where is love in its genuine and wholesome manifestation? The exercise of this desire can be present in daily challenging one’s self with this question: do I have time to talk to someone who seems to have no one else to talk to and be with? While for some the heart may be a lonely hunter, in the disciple it is the gift of God that helps find the lonely who have lost hope. Since God is with us, even to the end of the age, can I be with someone just for a few moments in their time of need?

I pray that I will be able to pursue this proposal for the new academic year. It is imperfect, but it is a meaningful beginning to something that makes faith and reason strongly united in the enterprise of the law and legal education. Perhaps others may wish to appropriate it in their new season of learning and teaching as well. May the grace of God animate us during the coming year.

 

RJA sj

Monday, July 23, 2012

“Politics and the Pulpit”

 

The July 30th issue of America Magazine will have an article entitled “Politics and the Pulpit—Are some bishops putting the church’s tax exempt status at risk?” written by Nicholas Carfardi a law professor and former dean at Duquesne University School of Law who is also an acquaintance, friend, and colleague of many of us at the Mirror of Justice. Unfortunately, one needs a subscription to read the Nick’s article online, but there is one link [HERE] that provides more information about the views expressed in his article. Today I write to convey my disagreement with Nick and to explain why I think he is wrong in criticizing two bishops who have exercised their teaching office on public policy issues with which Nick and others probably hold opinions different from the bishops.

In particular, Nick focuses on the recent activities by two American Catholic bishops which he asserts are causes of concern for the Church (perhaps just the dioceses) in preserving her tax-exempt status under Section 501(c)(3) of the Internal Revenue Code. His first anxiety is the homily given by Bishop Daniel Jenky (Peoria) in April of this year on the “extreme secularist agenda” of the Administration. Having read the bishop’s homily, to which Nick refers, several times, I disagree with Nick’s conclusion that what the bishop said in any fashion jeopardizes the Church or the diocese because it was somehow an inappropriate crossing of a line that should not be crossed by an ecclesiastical official. The second target presented in Nick’s essay is Archbishop Peter Sartain of Seattle who asked all the parishes in the archdiocese to support the Referendum 74 initiative in support of giving the people of the state of Washington the ballot box right to confirm or seek repeal of the same-sex marriage legislation that was recently approved by the Washington state legislature. Nick concludes that both of these actions by the bishops endanger the Church’s tax exempt status because they constitute electioneering or lobbying that is not permitted by Section 501(c)(3).

If that is the case and Nick is correct, then the actions taken since the mid-1950s (when the first Congressional restrictions on certain policy activities by churches and religious organizations went into effect) by individual bishops and the United States Conference of Catholic Bishops, and its predecessor the National Conference of Catholic Bishops, urging the faithful’s action on the following matters [this is not an all-inclusive list] would also have put at risk the Church’s teaching the faithful on important and, yes sometimes, conflict-ridden issues:

1963—support for the emerging civil rights legislation before the Congress

1966—the statement on peace in Vietnam; the statement on poverty

1967—the statement on the pending anti-poverty legislation

1969—the statement on state abortion law liberalization and the further statement in protest on the U.S. Government programs against the right-to-life and artificial contraception

1973—the statements (post Roe) on abortion and anti-abortion amendments; the statement on the reform of correctional institutions

1974—the statement against capital punishment; the statement on farm labor legislation

1975—the statements on U.S. domestic food policy; the statement on the crisis in housing

1977—the statement on DNA research; the statement on human sexuality

1978—the statement on the arms race

1980—the statement on the military draft

1983—the statement on reform of social security; the statement on broadening tuition tax credits

1984—the statement on arms control and (un)just war

1985—the statement against the MX missile; the statement on tax reform and the poor; the statement on immigration reform

1986—the statement against military aid to the Contras in Central America; the statement on the budget deficit; the statement “Economic Justice for All”

1987—the statement on welfare reform; the statement on fair housing amendments

1988—the statement on civil rights and new and pending legislation; the statement on immigration reform

1989—the statements on food policy and third world debt

1990—the statement on moral education in public schools

1991—the statement on euthanasia; the statement on the permanent replacement of strikers; the statement on national environmental policy

1993—the statement on comprehensive health care reform

1995—the statement on policy priorities for welfare reform; the statement on arms trade

1997—the statement on capital punishment

 

and the list goes on…

 

In addition to Catholic officials speaking out on the important public policy issues of the day, we also have to think about other churches and religious organizations which also have the benefit of Section 501(c)(3) provisions and their activities in elevating consciousness and exhorting action by the faithful. For example the Episcopal Church sponsors the Episcopal Policy Network which urges legislators and citizens to consider the church’s views on sometimes-divisive issues dealing with STDs, refugees, and environmental protection among other policy issues. In this context, Nick’s concerns cannot stop with the Roman Catholic Church. One particular advocacy matter currently pursued by the Episcopal Church is encouraging its members to thank the Senate (i.e., the Democrats) for its lead on poverty-focused assistance programs and to encourage the House (i.e., the Republicans) to do the same. By Nick’s standards this should also be problematic electioneering and lobbying. As Nick states, “…once a church’s advocacy goes beyond issues and, without a legitimizing invitation from the legislature itself, addresses a pending law—urging voters directly (called grassroots lobbying) or urging legislators to act (called direct lobbying)—a line has been crossed.”

It seems that the line which is of concern to Nick has been crossed for a long time when one looks at the long record of the Catholic bishops and our Episcopalian friends on the pressing issues of the day. I would hope that Nick’s concerns are not generated by his agreement with some views or disagreement with differing perspectives on those public policy and legislative initiatives which can and do divide public opinion. If that is the case, then his criticism is all the more weakened. The world of politics and public policy formulation has long been characterized by the division of different views. It would be not only strange but mistaken to insist that only some views on these matters may be expressed by churches and religious organizations but others may not.

 

RJA sj

 

Saturday, July 21, 2012

Evangelical Pruning in Action

 

Contributors and readers of the Mirror of Justice may recall that this site has often been the forum in which Catholic identity, especially in the academy, is robustly discussed. These discussions, moreover, have reflected different views on the matter. In the past in my contributions addressing this general topic, I have, on occasion, referred to a theme raised by Archbishop Michael Miller when he was Secretary for the Congregation for Catholic Education. In addresses that he gave in the United States about six years ago, the archbishop raised questions about the Catholic identity of colleges and universities. He essentially indicated that the institution had a choice to make: did it wish to be Catholic or not. He emphasized, though, that whatever election the institution made, competent ecclesiastical authorities had the right and responsibility to make the final determination on whether the institution could use the name Catholic, which is not a mere label but a genuine expression of the institution’s soul and reason for existing. In this context, Archbishop Miller employed the term “evangelical pruning” by which competent authorities might conclude that the moniker “Catholic” would have to be removed from the institution’s name and/or identity if it were, in fact, no longer Catholic.

A few moments ago the Holy See announced that it has, in accordance with the law of the Church, stripped the Pontifical Catholic University of Peru of the right to use the words “Pontifical” and “Catholic” in its title. [HERE] One of the reasons given for doing this was the Holy See’s conclusion that the university, after periodic requests, has failed to adapt its statutes in such a way that they would comply with the Apostolic Constitution Ex Corde Ecclesiae. After extended dialogue on the matter, the university informed the Secretary of State that the university is unable to implement the requirements of the Apostolic Constitution.

While the Holy See has clearly indicated the Church’s hope that the university will reconsider its position and thus comply with the Apostolic Constitution, the ball is now in the court of the university, and the question remains: what does it want to be. When the gardener prunes, there is hope that the living organism will respond affirmatively and eventually become strong once again and bear much fruit. The anticipated fruit of this evangelical pruning involving the ____ ____ University of Peru is that the university may realize that it has a chance to carry the message of Christ to people, to society and culture according to the mission of the Church in the world. But if the institution concludes otherwise, what remains will be a withered branch.

A question emerges from this action taken today: will this decision have a broader impact going beyond the ___ ___ University of Peru? I think so, but time will tell. Nevertheless, the question for other academic institutions who rely on the name Catholic, Jesuit, Dominican, Franciscan, Benedictine, etc. will be the same: what do you want to be? Do you wish to be Catholic or not?

 

RJA sj

 

 

Wednesday, July 18, 2012

Access to Media and the Formulation of Norms

 

Authority, political discussion and debates, and the presentation of dissenting views all have their proper role in the formulation of norms; moreover, norm making is an important project of the law. Civil society has its law, and the Church has hers. In both of these contexts, the human law maker has an important role to exercise. There was a time when the natural law was the common denominator of both legal systems, i.e., temporal and ecclesial. But in the present age, getting a message to the public often appears to be just as an important element of norm making. This is the case in the civil sector where radio, television, the conventional press, and the internet have important and influential roles in the manner in which the laws that govern temporal society are made. In some ways regarding ecclesial juridical authority, getting the message to the faithful about how norms are made and how they appropriated by the People of God also brings the media into the fray.

On this past Tuesday, July 17, National Public Radio (NPR) broadcast the first of a two-part series concerning governance in the Church. This past Tuesday’s episode was entitled “An American Nun Responds to Vatican Criticism.” [HERE] The guest on this NPR program was Sister Pat Farrell, OSF who is the current President of the Leadership Conference of Women Religious (LCWR) which is the subject of a doctrinal assessment and visitation by the Holy See. In the near future, NPR will have a second broadcast in which Bishop Leonard Blair of Toledo, who is a member of the team that is charged with working with the LCWR on the doctrinal assessment, will be the guest interviewee.

In her interview, Sister Farrell made some important points about the assessment and about religious life and its future, especially in the United States. I realize that time was probably insufficient for her to develop all her remarks as she would have liked, and I further appreciate that what she did say in a lengthy interview will have an impact on how many of the faithful and others think about the principles of Catholicism including norms designed for religious life and fidelity to the Church. While there are many elements of the content of her interview meriting discussion, I would like to comment on a few of her points that require further elaboration. These are not the only ones meriting serious discussion, but they contain, I think, mischaracterizations about the truth of the matters asserted. Consequently, elements of this interview will have an impact on how the faithful and others understand critical normative principles of the Church.

The first point I comment on is the reference made by the interviewer to an past LCWR address which the Congregation for the Doctrine of the Faith mentioned in its April 2012 report on the LCWR, namely, the keynote speech delivered by Sister Laurie Brink, OP at the 2007 LCWR annual meeting.

The CDF raised concerns about Sister Brink’s address by pointing to an observation that some women religious in the United States are sojourners who have moved beyond the Church or even beyond Jesus. In her interview, Sister Farrell acknowledged that the CDF called attention to the Brink address, and Farrell acknowledged that this Brink remark “is of serious concern to us.” But Sister Farrell also insisted that “it is a very distorted quotation” and “quoted very much out of context from the presentation that was given.” Because of Sister Farrell’s protest, the interview asked if Sister Farrell if she rejected this Brink option characterizing women’s religious life. Farrell asserted that this “would be a very serious distortion” by somehow suggesting that “the majority of women religious… are beyond Jesus and beyond the Church,” so it “is a very egregious and a very serious distortion.”

But I question if this is the case after having reread the Brink address today. Like Sister Farrell and the CDF, the Brink keynote address is a very serious matter necessitating a careful and objective reading of it in its entirety. Having just done this, I realize that there is more to the Brink address than Sister Farrell contended yesterday. In her keynote, Sister Brink suggested that there are at least four “lenses” through which a person can view women’s religious life in the United States today. Although Sister Brink indicated that there could be other lenses pertaining to “felt experience” of religious life and how it is understood by some individuals, her keynote identified and discussed four that she considered viable methods of understanding women’s religious life today. Consequently, she by no means dismissed this sojourner model that is beyond the Church and Jesus; moreover, she clearly explained that for some women religious, “[r]eligious titles, institutional limitations, ecclesiastical authorities no longer fit [some] congregation[s], which in most respects [are] Post-Christian.” Brink was clear that this “lens” “embraced the renewal in the 1970s.” Brink also indicated that one illustration of these “courageous women” who are sojourners can be found in the Benedictine Women of Madison. A few years ago two Benedictine sisters in Madison WI asked to be released from their vows, and this request was granted by the appropriate ecclesiastical authorities. These former Benedictine nuns then transferred their community’s property in piecemeal fashion back to a corporation of which they were the officers. But what became of the canonical requirements dealing with the alienation of ecclesiastical property is obscured. Then they accepted into their community a woman, who is a Presbyterian Minister, who now presides at the “sharing of the Bread of Life around a common table” at their Sunday worship in a community that purportedly follows the Rule of Saint Benedict. I wonder if this is really an acceptable model “of integrity, insight, and courage” as Sister Brink contends that it is.

While Sister Brink did indicate a personal preference for the “reconciliation” lens which she subsequently developed in her keynote, it is difficult in some respects to see how this “lens” differs in substance from prime elements of the “sojourner” lens. In the context of the “reconciliation” lens, Sister Brink contends that the “theologically educated… American laity” make the hierarchy “more edgy.” I do not think that is what makes the ecclesiastical authorities “edgy”; rather, I think the source of the particular problem here is defining the substance of this theological education and in what it believes and in what it does not. In her defense of the “reconciliation” lens Brink argues that “young Catholics see themselves as spiritual and not necessarily tied to traditional religion”; however, she avoids addressing the candid question that emerges: what makes these “young Catholics” Catholic if they aren’t tied to Catholicism? Yet this contention seems to be a part of her preferred model of Catholicism and religious life. In her “reconciliation” model, she also complains about “Catholic theologians… denied academic freedom.” Really? In fact, do not the very academicians who want “academic freedom” for themselves deny it to those who are considered “traditional” and “orthodox”? That is my “felt experience”; moreover, it is the “felt experience” of others, too.

A final remark needs to be made in Brink’s defense of the “reconciliation” model: she asserts that, “Gays and lesbians desire to participate as fully human, fully sexual Catholics within their parishes.” I don’t think the problem is with anyone participating in their parish and sacramental life regardless of their orientation. But the real question posed by the Brink address is this: what does it mean to be “fully sexual” knowing that particular manifestations of human sexuality in both heterosexual and homosexual contexts are sinful? At this point Sister Brink contends that, “The hierarchy of our Church is right to feel alarmed.” On that point, she is correct; moreover, the hierarchy are also justified in concluding, after careful thought, that alarm is warranted.

In the conclusion of her “reconciliation lens,” it is clear that Brink stated that it is the hierarchy who are to be forgiven and not the LCWR or any of its corporate or individual members. As “prophets”, women religious, in her estimation, are justified in proclaiming the “hierarchy’s abuses of power, shameful behavior and deafness to [women religious’s] cries for equality.” If this is the model of reconciliation, I wonder what is her model of confrontation?

But I must return to a couple of other points of Sister Farrell’s interview. Regarding the Church’s teaching on human sexuality, Sister Farrell contended that this needs to be reevaluated, as these teachings cannot “remain static and really need[] to be reformulated, rethought, in light of the world we live in…” This statement is a recipe not for the search for universal truth about the essence and nature of the human person but about promoting the acceptance of subjectivism, personalism, and historicism that can serve as the justification for what anyone wants to do in the venue of human sexuality.

When the interviewer brought up the issue of women’s ordination, Sister Farrell recalled and defended the fact that the LCWR favored women’s ordination in 1977. She did this earnestly and innocently by contending that this declaration was “before there was a Vatican letter saying that there is a definitive Church position against the ordination of women.” It is not clear by “Vatican letter” if she meant Pope John Paul II’s Apostolic Letter Mulieris Dignitatem (1988) or his Apostolic Letter Ordinatio Sacerdotalis (1994). If she meant either of these, she would be correct in stating that the 1977 position of the LCWR predates these letters of Blessed John Paul. However, she fails to acknowledge that the 1977 position in support of women’s ordination was in direct conflict with the Pio-Benedictine Code of Canon Law (c. 968) then in effect; with Pope Paul VI’s response to the Archbishop of Canterbury concerning the Ordination of Women to the Priesthood (1975); and with the Congregation for the Doctrine of the Faith’s Declaration Inter Insigniores (1976).

When the interview turned to the matter of whether the LCWR is “pro-life” or not, Sister Farrell quick defended the organization by stating that, “Religious have clearly given our lives to supporting life… Our works are very much pro-life.” But then she registered the LCWR’s concern that “any policy that is more pro-fetus than actually pro-life” trumps “the rights of the unborn” over “the rights of all of those who are already born.” Her statement fails Catholic teaching in two critical ways. The first is that there is a continuum of human life which includes pre-birth and post-birth phases, but these two dimensions of human existence are inextricably connected for everyone. They are not separate but related in an indivisible fashion. The second is that she failed, perhaps inadvertently, to mention that both the USCCB and the Holy See have time and again emphasized the issues of war, capital punishment, fundamental health-care, and basic education in a “pro-life” context. Furthermore, she appeared to push the abortion question aside by emphasizing that it is a divisive issue because it “is often phrased in such extreme and such polarizing terms.” She insisted that the LCWR has given voice to other issues “that are less covered, but are equally important.” If this is so, she did not take any steps to demonstrate how the extinction of over 50 million human lives in the United States since Roe was decided in 1973 can compare to these other “equal” issues—whatever they are.

While much more can be said about her interview, I will stop for now after this final remark. Much of her interview is laced with references to the Second Vatican Council and the “reforms” for which the Council called. It strikes me that Sister Farrell appears to justify the actions taken by the LCWR and some of its members as consistent with the Council’s conclusions about religious life and related matters. If that is her point, I think the LCWR needs to re-read very carefully what the Council said that pertains to the issues she addressed in her recent interview.

In the meantime, I do think that all the faithful need to pray for the LCWR and the three bishops who will participate in the meetings with the LCWR as called for in the CDF’s doctrinal assessment report.

 

RJA sj

 

Thursday, July 12, 2012

Oaths

 

Lawyers and most laity are familiar with oaths. Lawyers take them upon admittance to the bar and the practice of law. Those of us who have served in the military of the United States have sworn by them because or actions would be done in the solemn execution of the duties entrusted to us. For those who have served in certain other public offices, an oath is taken reminding the office holder of his or her duties to defend and uphold the Constitution of the United States and the laws made in accordance with it. The President of the United States takes an oath of office as do Federal judges and Members of Congress. Upon my being hired by a federal regulatory agency in 1974, I had to declare in front of a public officer an oath of similar consequence. When a citizen is called as a witness in a judicial proceeding, he or she must first declare an oath swearing the evidence given shall be the truth, the whole truth, and nothing but the truth—and in some jurisdictions complemented with the phrase “so help me God!” These oaths are a part of our lives when we consciously and mostly freely elect to do something where the oath is an integral element of the action pursued.

In virtually all of these circumstances, the objective of the oath is to serve as a reminder that the declarant has assumed a responsibility by assuming the office or activity which he or she is about to undertake in furtherance of others and often the common good. The solemnity surrounding the brief but vital moment in which the oath is taken is a powerful reminder to the declarant that he or she is doing something voluntarily in the exercise of freedom. In the religious context, those of us who are called to religious life in the men’s and women’s institutes of consecrated and religious life offer a kind of oath when we make our profession of vows—be them simple or solemn. These vows remind the vowvant of the responsibilities of the Evangelical Counsels which we embrace because we choose to accept them. Prior to a man’s ordination into the diaconate he must make two kinds of oaths—the first being the Proclamation of Faith and the second being the Oath of Fidelity, both mandated by the Church’s law. In a way, at Sunday and other certain Masses that require it, we as the faithful of the Church make an oath declaring in what we believe when we pray: “Credo in unum Deum… etc.”

Of course, oaths can be manipulated by those who may have clandestine motives. I am working on a research paper now that largely involves statutory construction of the legislation used in the indictment and trials of Sir Thomas More and John Cardinal Fisher. As one reads the underlying legislation dealing with the Act of Succession and pertinent statutes that followed, the oaths were required of everyone to compel office holders and subjects alike to comply with the will of King Henry VIII. These oaths were not exercises of free will; rather, they were mandated by the state to demand full compliance with legally questionable legislation that compromised the legitimate and natural rights of persons.

Recently, some voices in the world of matters Catholic have raised concerns about some of the faithful being required to take oaths if they are performing or are to perform some function or exercise some office in the name of the Catholic Church. For example, Fr. John Coleman, S.J. movingly presents his concerns about oaths mandated by the Oakland, CA diocese for those persons who are members of the Catholic Association for Gay and Lesbian Ministry and are or would like to be engaged in works in this diocese. [HERE] In his discussion of this oath, Fr. Coleman reminds his readers of the circumstances surrounding the work of the House Un-American Activities Committee in the early 1950s and the famous question posed to those brought before the Congress: are you now or have you ever been a member of the Communist Party? The Washington Post has also published a recent article presenting the concerns of some CCD teachers in the Arlington, VA diocese who are resigning their teaching posts rather than take the oath that they are being asked to make as teachers entrusted with the religious instruction of youth. [HERE] There is much sympathy surfacing for those who refuse to take these kinds of oaths. But should there be?

Unlike the historical circumstances mentioned in concerns registered by Fr. Coleman and the Post article, the oaths being complained about in the two dioceses (and others around the country) are being mandated for people who are pursuing or will pursue some kind of apostolic service in the name of the Church. If a person is elected to public office, he or she must expect to take an oath that makes a statement of record of one’s fidelity to the office and the sovereign. If one is serving the country in military or civil service, he or she must expect to take an oath that again demonstrates fidelity to the life of service to which one is responding. It logically follows that if one voluntarily elects to serve the Church in some public ministry or apostolic service, one might reasonably be expected to declare his or her fidelity to the teachings of the Church that he or she is about to serve or is serving. Prior to my diaconal ordination, I did. And when I was proposed as an Ordinary Professor of and Ecclesiastical Faculty, I had to do the same again. It needs to be clear that these oaths about which Catholics are now raising concerns and objections are not being imposed on the unwilling; rather, they are being required of those who have offered themselves to serve the Church and to uphold with fidelity what the Church teaches.

I agree with Fr. Coleman and those who contributed to the Post article that oaths are important matters and not to be taken lightly. But I also recognize that they are an expected part of ways of life and service that we as Catholics and as Americans are accustomed to proclaiming when we decide to serve the common good in some fashion that mandates fidelity—be it to the Constitution or to the Church. When we make this fee election to serve, we also need to recall that our commitment to serve must be done in good faith, and our offering a proclamation of this commitment in the making of an oath is not an unreasonable requirement that serves as a testament of our commitment. As Robert Bolt’s Thomas More reminds us, when a person takes an oath, he holds his own self, the essence of his being, in his hands; but if the person opens his hands “he needn’t hope to find himself again.” More concludes by stating that some people aren’t capable of this, yet he “loathes to think” that he would be such a person. Taking an oath is important and one enters the taking of the oath conscious of what it implies. But there is a preliminary matter that must be first acknowledged: does the person want to do something, does the person freely choose to pursue a path that will inevitably require an oath? If so, then this individual should not quarrel with the oath that will follow the path he or she has chosen in the exercise of liberty.

 

RJA sj