Mirror of Justice

A blog dedicated to the development of Catholic legal theory.
Affiliated with the Program on Church, State & Society at Notre Dame Law School.

Tuesday, July 29, 2008

More on Pope Paul VI—The Development of Peoples and Humanae Vitae

After my posting on Humanae Vitae this past Sunday, I received an e-mail from a Mirror of Justice reader who wanted to call to my attention to the fact that in 1967, more than a year before the he issued Humanae Vitae, the pope promulgated the encyclical letter Populorum Progressio, On the Development of Peoples. This, indeed is true, and as the reader pointed out, Paul VI stated in the 1967 encyclical,

There is no denying that the accelerated rate of population growth brings many added difficulties to the problems of development where the size of the population grows more rapidly than the quantity of available resources to such a degree that things seem to have reached an impasse. In such circumstances people are inclined to apply drastic remedies to reduce the birth rate. There is no doubt that public authorities can intervene in this matter, within the bounds of their competence. (Italics mine) They can instruct citizens on this subject and adopt appropriate measures, so long as these are in conformity with the dictates of the moral law and the rightful freedom of married couples is preserved completely intact. (Italics mine) When the inalienable right of marriage and of procreation is taken away, so is human dignity. Finally, it is for parents to take a thorough look at the matter and decide upon the number of their children. This is an obligation they take upon themselves, before their children already born, and before the community to which they belong—following the dictates of their own consciences informed by God’s law authentically interpreted, and bolstered by their trust in Him. (Italics mine) (N.37)

I was aware of this because Humanae Vitae refers to the earlier encyclical as well as other documents written by Paul VI, his predecessors in the Chair of Peter, and the Second Vatican Council. The passage from Populorum Progressio that I have quoted may prompt some to think that Paul VI changed his view when he issued Humanae Vitae over a year later. But I submit that this would be an incorrect view of the pope’s thinking. I make this observation because in October of 1965 when the pope addressed the United Nations General Assembly, he commented on and condemned artificial birth control (a matter for which he was criticized a few days later in a New York Times editorial). I contend that Paul VI consistently opposed the use of artificial birth control, be it voluntarily chosen by married couples or be it imposed by the state. In his address at the UN he had this to say,

For you deal here above all with human life, and human life is sacred; no one may dare make an attempt upon it. Respect for life, even with regard to the great problem of the birth rate, must find here in your Assembly its highest affirmation and its most rational defense. Your task is to ensure that there is enough bread on the tables of mankind, and not to encourage an artificial control of births, which would be irrational, in order to diminish the number of guests at the banquet of life. (N.6)

RJA sj

Praying for the Killer

The White House press release on the now-authorized military execution says: "The President’s thoughts and prayers are with the victims of these heinous crimes and their families and all others affected.”  If the president is going to bring in his perspective as a person of prayer -- Christian prayer, we know -- shouldn't he say clearly that his prayers are also with Gray, the convicted murderer?  "All others affected" could literally cover that but obviously doesn't suggest it (probably it's meant to suggest, among others, Gray's family).  Saying it clearly would be a crazy, Christian act by a president who often suggests that he is resolute in applying Christian faith in office.  If it's imprudent to say it clearly, then shouldn't "the President's thoughts and prayers" be left out altogether, lest he reinforce all of us in our natural tendency to pray only for the good people?  (This is all separate, of course, from whether executions should happen ever or how often.)

Human Development and Humanae Vitae

A couple of weeks ago, Eduardo posted the disturbing results on Human Development in the U.S.  The authors of the report stated:  “The report shows that although America is one of the richest nations in the world, it is woefully behind when it comes to providing opportunity and choices to all Americans to build a better life.”

There are many contributing factors, I suspect, to a person’s or a group’s lack of thriving.  One cause, predicted by Pope Paul VI forty years ago last week (Michael P., Rick, and Fr. Araujo have each posted on this anniversary), is the widespread acceptance and use of contraceptives.  Mary Eberstadt lays this out in her article, “The Vindication of Humanae Vitae, in the September 2008 First Things.

Paul VI warned that widespread acceptance of artificial contraception would result in four trends, as Eberstadt reminds us:  “a general lowering of moral standards throughout society, a rise in infidelity, a lessening of respect for women by men, and the coercive use of reproductive technologies by governments.”

Eberstadt writes:  “Four decades later, not only have the document’s signature predictions been ratified in empirical force, but they have been ratified as few predictions are:  in ways its authors could not possibly have foreseen, including by information that did not exist when the document was written, by scholars and others with no interest whatever in [the Church’s] teaching, and indeed by many proud public adversaries of the Church.”  She then lays out the evidence, which I encourage you to read here for free.

The other day, I read the obituaries of a 21 year old male with three children bearing two different last names and an unrelated 17 year old with six siblings carrying four different last names.  (May they rest in peace).  As I read, I couldn’t help but wonder if there was a connection between the lack of human development (flourishing), the predictions of Paul VI concerning the widespread acceptence of contraceptives, and the complicated family situations of so many people, including these two young people. 

Developing human capital

Our belief in the dignity of every person demands that we provide adequate resources to maximize a person's opportunity to develop their own gifts and participate fully in our shared economic, cultural, and political life.  The family environment into which a child is born matters a lot, of course, but so does early childhood education.  The GOP tends to focus more attention on the former (albeit with a tendency to offer rather simplistic answers), while the Dems focus more on the latter.  David Brooks, in a must-read column for those interested in these issues, laments that Republicans "are inept when talking about human capital policies."

BARF: In thanksgiving for friendship

I have returned relaxed from my annual BARF weekend on the Frio River in the Texas Hill Country.  I am blessed with the friendship of these ten wonderful guys, our wives (the wives congregate on the Frio in September for their own weekend), and our combined 34 children (our children now plan an annual trip to the beach).  Over the past quarter of a century plus that our lives have intertwined we have experienced marriages – at first our own and now the kids, births, baptisms and other sacraments, a divorce, physical and mental illness, sickness and death among many of our parents and some of our siblings, semi-annual camping trips when the kids were young (imagine 30 kids, many in diapers experiencing the great outdoors), multiple fights followed by multiple reconciliations… You get the picture.  We have shared the highs and lows of life during our entire adult lives.  I am never sufficiently grateful for the gift of these friendships.

Texas Monthly’s August 2008 issue hit the newsstand just as we were departing for our annual excursion.  Charlie Llewellin’s cover story scoped out the 25 Best Swimming Holes in the State Republic of Texas.  Three of us took seven hours to make the three hour trip from Austin to Leakey as we sampled five of the top twenty-five.  The group tried another two over the weekend, and we hit one more on the way back to Austin yesterday.  As expected, Austin’s Barton Springs ranks numero uno,  But, our number one is a secret spot (shown in this photo of yours truly - click on picture to enlarge) within a few miles of Texas Monthly's No. 6.

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Oh, and by the way, BARF stands for Boys Assembled for Reflection on the Frio. Thanks for indulging me with the post that is light on "legal" and "theory."

Our Pro-Life President?

Check this out, at dotCommonweal (here).

The Church and doctrinal change-reply

We have discussed this issue a bit before. One of the things that seems to characterize some discussions of this issue is a bit of proof-texting. It is easy to find an old statement on usury (or religious freedom) and compare it to a recent statement and identify what appears to be a change in Church teaching. The issues are usually more nuanced and careful studies don't jump to the conclusion that there have been changes in Church teaching. The example of usury, which was noted by Martin Marty, is typical. John Noonan wrote a lengthy tome on usury in the 1950s and he concluded (which might be a surprise to people) that the Church teaching hadn't changed. It was when the debate on contraception began in earnest in the early 1960s that John Noonan changed his position and concluded that the Church had changed its position on usury. I don't know that Noonan ever explained his change in position but it seemed to be strategic--to help support the view that it would be ok for the Church to change Her teaching on contraception.

I think the same points can be made about religious liberty. It is easy to find statements of 19th century Popes that appear to contradict Dignitatis Humanae. Yet, if one is careful to examine the problems faced by the 19th century Popes (e.g., religious indifferentism), then the teachings can be reconciled, as scholars such as Cardinal Dulles, Brian Harrison, Russ Hittinger, and Kevin Flannery have concluded. The charge of a "change" seems to be strategic--to help support the view that the Church ought to change some other contested matter.

I explored some of these points (and cite some of the relevant literature) in "A Critique of John Noonan's Approach to Development of Doctrine, 1 St. Thomas L. J. 285-306 (2003).

Richard M.

Monday, July 28, 2008

Comments on Humanae Vitae

There is an interesting set of comments on Humanae Vitae over at dotCommonweal.

Check them out, here.

A troubling, cautionary tale ...

... of a devoutly Christian lawyer--a graduate of  Regent Law School--who in her misguided religious/political zeal broke the law, and of an Attorney General who nurtured a departmental culture that encouraged such lawbreaking.

New York Times, July 29, 2008

Gonzales Aides Broke Laws in Hiring, Report Concludes, by Eric Lichtblau

Senior aides to former Attorney General Alberto Gonzales broke the law by using politics to guide their hiring decisions for a wide range of important department positions, slowing the hiring process at critical times and damaging the department’s credibility and independence, an internal report concluded Monday.

The report, prepared by the Justice Department’s inspector general and its internal ethics office, singles out for particular criticism Monica Goodling, a young lawyer from the Republican National Committee who rose quickly through the ranks of the department to become a top aide to Mr. Gonzales.

Ms. Goodling, who testified before Congress in May 2007 at the height of the scandal over the firings of nine United States attorneys, introduced politics into the hiring process in a systematic way that constituted illegal misconduct, the report found.

Last month, the inspector general, Glenn A. Fine, released a separate report that found a similar pattern of politicized hiring at the Justice Department in reviewing applications from young lawyers for the honors and intern programs. The new report released Monday goes much further, however, in documenting pervasive evidence of political hiring for some of the department’s most senior career, apolitical positions, including immigration judges and assistant United States attorneys.

The inspector general’s investigation found that Ms. Goodling and a handful of other senior aides to Mr. Gonzales developed a system of using in-person interviews and Internet searches to screen out candidates who might be too liberal and to identify candidates seen as pro-Republican and supportive of President Bush.

When interviewed by the inspector general, Mr. Gonzales said he was not aware that Ms. Goodling and other aides were using political criteria in their decisions for career positions. Mr. Gonzales resigned last summer in the face of mounting accusations from congressional Democrats that politics had corrupted the department.

His successor, Attorney General Michael Mukasey, said in a statement Monday after the report’s release that he was disturbed by their findings that improper political considerations were used in hiring decisions relating to some career employees. . . .

In forwarding a résumé in 2006 from a lawyer who was working for the Federalist Society, Ms. Goodling sent an e-mail message to the head of the Office of Legal Counsel, Steven Bradbury, saying: “Am attaching a résumé for a young, conservative female lawyer.”

Ms. Goodling interviewed the woman herself for possible positions and wrote in her notes such phrases as “pro-God in public life,” and “pro-marriage, anti-civil union.” She was eventually hired as a career prosecutor.

Ms. Goodling also conducted extensive searches on the Internet to glean the political or ideological leanings of candidates for career positions, the report found. She and other Justice Department supervisors would look for key phrases like “abortion,” “homosexual,” “guns,” or “Florida re-count” to get information on a candidate’s political leanings.

[Read the rest, and download the report, here.]

The Church and Doctrinal Change, Revisited

Sightings  7/28/08

On Women's Ordination

-- Martin E. Marty

Robert J. Egan, S. J., of Gonzaga University, started it all (this round) with an article in the April 11 Commonweal, in which he asked whether official Roman Catholics ought to consider reconsidering the Vatican declarations against the ordination of women to the priesthood.  In best "fair and balanced" style the editors later gave space (July 18) to Sr. Sara Butler, MSBT, of St. Joseph's Seminary in Yonkers.  She draws on her book The Catholic Priesthood and Women (2007), which had helped prompt Egan's response.  And, also in the July 18 issue, Father Egan was given another chance. So today's Sightings is a response to a response to a response to a response – almost ad infinitum?

Whether Catholics should change and begin ordination of women is their business, not mine, at least not here and today, though outcomes of Catholic debates do have huge "public religion" consequences.  I can only testify to the manifest blessings so many churches, like my own (ELCA), have received during the past half-century from the ministry of women-ordained.  My business instead picks up on Egan's closing paragraph, where he argues against Sr. Butler's reversion to and repetition of the claim that Rome does not change.  He orthodoxly celebrates the constancy of teachings from Rome.  But: "New questions arise, and new horizons open, cultures themselves are transformed, and the fund of human knowledge changes."  His article has no room to provide chapter and verse when he lists understandings and teachings in which Rome "has changed dramatically, in ways that could not have been foreseen."
   
He offers a short list. You could look 'em up:  "on slavery, women's inferiority, the divine right of kings, the uses of torture, the status and dignity of the Jewish people, the execution of heretics, the idea of religious liberty, the moral legitimacy of democratic governments, the indispensability of Thomism, the structure of the universe itself."  In all these cases, after Catholic change has been virtually total and quickly taken for granted, one is hard put to think back to when it supported slavery, women's inferiority, torture, et cetera, or opposed the items just listed which it now affirms.
   
Several years ago Maureen Fiedler and Linda Rabbin, editors, corralled eighteen scholars who tracked papal statements which suggest significant revisions and reversals in "understanding and teaching," in Rome Has Spoken.  Their authors, for example, tell of "Usury: Once a Sin, Now Good Stewardship."  Evolution.  Positive views of sexual expression within marriage, changes in scriptural interpretation, ecumenism, and more.  Admittedly, the nature and extent of changes on some of these subjects are open to debate and should be debated.  But change there certainly has been.
   
"Religious Freedom" is the change most recognized and experienced by modern publics. Rome Has Spoken quotes a dozen papal prohibitions against religious freedom from 1184 to 1906.  Change came suddenly, beginning with Pius XII in 1946, more explicitly with John XXIII in 1963 and then, conciliarly, at the Second Vatican Council in 1965.  Just 102 years ago, Pius X was still teaching the following in a papal encyclical:  "that the state must be separated from the church is a thesis absolutely false, a most pernicious error…an obvious negation of the supernatural order."  "Rome" changed, and admitted it did so – and survived.  Globally, it flourishes now most where it had persecuted least.

References:

Maureen Fielder and Linda Rabbin, eds.  Rome Has Spoken…: A Guide to Forgotten Papal Statements, and How They Have Changed Through the Centuries.  NY:  Crossroad Publishing, 1998.

Sr. Butler's Cardinal Cooke Lecture on the subject of women's priesthood is available at http://www.archny.org/seminary/st-josephs-seminary-dunwoodie/administration/sister-sara-butler/

Sightings comes from the Martin Marty Center at the University of Chicago Divinity School.