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, April 21, 2005

The Church, Condoms, and AIDS

The New York Times
April 22, 2005

New Debate Is Sought on Use of Condoms to Fight AIDS

By ELISABETH ROSENTHAL
International Herald Tribune

 

ROME, April 21 - Pope Benedict XVI is known to be conservative on social issues, and no one expects his Roman Catholic Church to soften its opposition to birth control. Still, a rising number of Catholics, in the Vatican and outside, are urging the new pope to revisit what was probably his predecessor's most divisive position - his opposition to condom use in the fight against AIDS.

As Pope John Paul II fell ill and his influence waned, a number of high church officials and theologians began tentatively - but publicly - to suggest that the church should accept condoms in certain circumstances to stem the spread of AIDS, as a pro-life medical intervention.

"I believe condoms need to be debated, and I believe theologically their use can be justified, to prevent the transmission of a death-dealing virus," said Bishop Kevin Dowling of Rustenburg, South Africa, an impoverished diocese of miners and poor women who sell their bodies to feed their children, where H.I.V. rates in prenatal clinics approach 50 percent.

"I see these young women and their babies, and the desperation and the suffering, and I think, 'What would Jesus want?' " he said in an interview. "There's no way he could condemn someone like this."

The new pope has said nothing about the issue. But, the bishop said, "At the very least, I think it would be healthy for the church to discuss this openly, to be humble and to be seen struggling in the face of this very serious disease."

[To read the whole piece, click here.]

MOJ's Amy Uelmen on the "Church in Tension"

Here is a link to Amy's piece, Church in Tension, which will later appear in the print edition of Commonweal:  Click here.

 

Wednesday, April 20, 2005

Reactions to the Election of Cardinal Ratzinger to the Papacy

I picked this up from today's Arts & Letters Daily, published by the Chronicle of Higher Education.  Just click on any of the nineteen items below to read:

From “Thank God!” to “Oh my God!” reactions to Pope Benedict XVI are rolling in from all over... Hans Küng ... Andrew Sullivan ... Michael Novak ... E.J. Dionne   ... Jack Miles ... Charles Moore ... Daniel Johnson ... Andrew Brown ... Julian Baggini    ... Charlotte Hays   ... Paul Vallely  ... Anne Applebaum        ... Derrick Jackson   ... Catherine Pepinster   ... Ruth Gledhill    ... Kenneth Woodward    ... Roger Kimball         ... German roundup    ... Ratzinger in WWII

Tuesday, April 19, 2005

Who is Benedict XVI?

From the April 22d Commonweal:

Who is Benedict XVI?

What kind of pope do we have now?  Selections from the Commonweal archive on the subject of Joseph Ratzinger.

Who is Benedict XVI?
Joseph Komonchak reviews a recent biography of Cardinal Joseph Ratzinger.

Ratzinger for Pope?
Late last year, the editors speculated on the possibility of a Ratzinger papacy.

What are Ratzinger’s views on conscience?
By Sidney Callahan

What are Ratzinger’s views on women?
By Sidney Callahan

Monday, April 18, 2005

Another Reflection on JPII and the Future of the Church He Left Behind

This is from the May 6th Commonweal:  Robert P. Imbelli, Shepherding the Church.  Imbelli is a priest of the Archdiocese of New York and associate professor of theology at Boston College.  (By the way, the next reflection in Commonweal will be that of MOJ's own Amy Uelman!)  To read Imbelli's entire reflection, click here.  Excerpts follow:

In 1996, John Paul II issued the apostolic letter Universi dominici gregis, which laid down detailed procedures to govern the election of a new pope. Among the responsibilities of the cardinals, prior to the recent conclave, was to appoint two preachers “known for their sound doctrine, wisdom, and moral authority” who were to offer “meditations on the problems facing the church at the present time and on the need for careful discernment in choosing the new pope.” This requirement of prayerful discernment of spirits carries beyond the conclave and the election of the next pope and constitutes a continuing responsibility of the church gathered in the Spirit of Jesus Christ.

Had I been asked to offer recommendations on texts to guide the preachers’ presentations (and now, more importantly, the Catholic community’s ongoing reflections), I would have suggested two: the twenty-first chapter of the Gospel according to St. John, and the wonderful pastoral vision sketched by John Paul II in his Novo millennio ineunte.
. . .

Another theme developed in Novo millennio ineunte may prove particularly important in focusing the vision and energies of the church, his call “to make the church the home and the school of communion.” Achieving this will require the development of “a spirituality of communion” that can undergird and sustain a commitment to consultation, dialogue, and collaboration. Vatican II’s recovery of the constitutive role of collegiality in Catholic ecclesiology was a catalyst for the postconciliar development of such participatory structures as the Synod of Bishops and diocesan presbyeteral and pastoral councils. The challenge confronting the next pope and the whole church is to reanimate these, to employ them more effectively, and, when necessary, to create new vehicles for expressing and furthering the active and mature collaboration of all the baptized.

In this regard, one must mention two crucial claims on the prayerful discernment of the church. The first is how the manifold gifts that women bring to the whole church may find fuller institutional recognition. The second is whether, in view of the aging and diminishing numbers of clergy, especially in the West, the tradition of celibacy can continue to be the normal practice for the Latin church.

In the years since Novo millennio ineunte, other challenges of “these rapidly changing times” have emerged, perhaps none more difficult, and urgent than the dialogue with Islam. Clearly our new pope cannot be the sole responsible dialogue partner; but his leadership will set the tone and help orient its course.

The daunting challenges presented to the next pope and to the whole church can seem overwhelming. Like Peter and the disciples in the storm-driven boat we are tempted to lose heart. But the two-fold passion, for Christ and for communion, is the beacon that guides disciples, not away from suffering and the cross, but toward meeting them with faith, in the hope of resurrection. Together with St. John of the Cross the church of the new millennium chants the song of “The Dark Night”: “Sin otra luz y guia/ Sino la que en el corazon ardia”--“With no other light and guide/Save that which burned in my heart.”

Martin Marty on Bill Frist

Sightings  4/18/05

Furious with Frist
-- Martin E. Marty

Consult the Sightings archive and you will find few columns that display a preoccupation with the Christian right.  Many do discuss the evangelical cohort -- fundamentalist, evangelical, Pentecostal, Southern Baptist, conservative Protestant -- because more than one fourth of Americans are adherents thereto.  However, our mission, to help frame issues rather than to spew ideology, has us keeping doors open, lines fluid, witnesses on all sides heard, poles depolarized, etc.  Predictability is an enemy of good journalism, and we don't want to be about the business of knee jerking.  Something has to be really egregious, outrageous, and dangerous to the republic before we venture forth.  This week something is.

I was moved to write this column because I received an email this week asking why progressives, liberals, and moderates in religion don't fire back when something offensive gets lobbed from the right, and had to confess, "I don't know."  Yes, there is Jim Wallis, an evangelical himself, best-selling as a counter-attacker.  Yes, there is the Interfaith Alliance, steadfast and steady.  The budget of all such individuals and groups, however, is exceeded by two minutes of fundraising yield on, say, one Pat Robertson TV program.  Why not counterattack?  While the politically far right minority in the camp mis-dubbed "evangelical" is mobilizable because their churches and movements make a virtual creed out of certain political commitments, "mainline" Catholics, Protestants, and Jews include people from a spectrum of political commitments, and don't want to march lockstep.

So to the point: The outrageous, egregious, and dangerous affront was an attack by Senator Bill Frist, the Family Research Council, advocates of "Justice Sunday," and some evangelical and Southern Baptist notables who know better and usually do better.  Tom DeLay is in this camp, having pioneered this kind of blunderbuss attack on fellow believers with whom they disagree politically.  They have assaulted and are mobilizing slanderers against millions upon tens of millions of Catholics, Protestants, and Jews (and fellow evangelicals?) who politically support efforts not to "go nuclear" and hence kill the filibuster potential in the Senate.  In Frist's language, "Democrats" is the term that covers all these enemies of people of faith, but many Republicans also firmly oppose his efforts and name calling.  An advertisement running in newspapers poses their political viewpoint alone as being on the side of the Bible.

Fortunately, Senator McCain and other Republicans and numbers of responsible and civil evangelicals are speaking up, trying to cool the fury and quench the fires.  They worry about the increasing triumphalist and theocratic expressions from the Fristian and DeLayan right.  They point out that one can disagree with many court decisions, even on some basic issues, without relegating all political opponents to the "against-faith" camp.

Most of the international religion stories these days have to do with theocratic suppressors of freedom, would-be monopolizers of religious expressions.  We've been spared such holy wars here.  But Frist and company, in the name of their interpretation of American freedom, sound more like jihadists than winsome believers.  It would be healing to see them on their knees apologizing to the larger public of believers.
----------
Sightings comes from the Martin Marty Center at the University of Chicago Divinity School.

Sunday, April 17, 2005

More Reflections on the Papacy of John Paul II

It is not often that a pope--especially a pope of the stature of John Paul II--dies.  So it seems to me altogether fitting--unarguably fitting--to share with readers of this blog various reflections on the papacy of John Paul II--a papacy of unusually long duration--and on the future of the Church.  Perhaps the most respected English-language Catholic weekly--certainly one of the most respected--is The Tablet, published in London.  Not all of The Tablet's articles are published online, but some are.  For reflections from the April 9th edition, click here; for reflections from the April 16th edition, click here.

Michael P.

The Moral Theology of John Paul II

This new book (2005) has just come to my attention, and I thought that some MOJ readers would be interested in it:  Charles E. Curran, The Moral Theology of Pope John Paul II (Moral Traditions Series).  Lisa Sowle Cahill of Boston College's Theology Department says:  "For all who want a serious, critical analysis in relation to Catholic social tradition and the development of moral theology, this book is unsurpassed."  John Pawlikowski of the Catholic Theological Union concurs:  "No one serious about understanding Catholic social teaching can ignore this work."  The publisher of the book--Georgetown University Press--offers this description of Father Curran's book:

Pope John Paul II is the second longest serving pope in history and the longest serving pope of the last century. His presence has thrown a long shadow across our time, and his influence on Catholics and non-Catholics throughout the world cannot be denied. Much has been written about this pope, but until now, no one has provided a systematic and thorough analysis of the moral theology that underlies his moral teachings and its astonishing influence. And no one is better positioned to do this than Charles E. Curran, widely recognized as the leading American Catholic moral theologian.

Curran focuses on the authoritative statements, specifically the fourteen papal encyclicals the pope has written over the past twenty-five years, to examine how well the pope has addressed the broad issues and problems in the Church today. Curran begins with a discussion of the theological presuppositions of John Paul II's moral teaching and moral theology. Subsequent chapters address his theological methodology, his ethical methodology, and his fundamental moral theology together with his understanding of human life. Finally, Curran deals with the specific issues of globalization, marriage, conscience, human acts, and the many issues involved in social and sexual ethics.

While finding much to admire, Curran is nonetheless fiercely precise in his analysis and rigorously thoughtful in his criticism of much of the methodological aspects of the pope's moral theology—in his use of scripture, tradition, and previous hierarchical teaching; in theological aspects including Christology, eschatology, and the validity of human sources of moral wisdom and knowledge; and in anthropology, the ethical model and natural law. Brilliantly constructed and fearlessly argued, this will be the definitive measure of Pope John Paul II's moral theology for years to come.

Saturday, April 16, 2005

William Shea on "The Imperial Papacy"

William M. Shea is the director of the Center for Religion, Ethics, and Culture at the College of the Holy Cross.  Shea's reflections, titled The Imperial Papacy, will appear in the May 6th Commonweal.  To read the whole piece now, click here.  Two excerpts:

Many other things must be said about the last papacy, but I have the awful sense that over the past twenty-five years one voice has filled the ecclesial airwaves, leaving little room for any other. Pardon me a hyperbolic metaphor, but in this regard I would say the Catholic Church has been undergoing asphyxiation. I see two large problems in this. I hope the next pope can begin to resolve them, but I have serious doubts that he will be able to do either. Both have to do with governance of the church.

First, the last papacy revealed in acute form what everyone knew already: the Catholic Church is a monarchy. That fact grounds both the achievements and failures of John Paul II. Though the intensity of the monarchical rule depends on factors ranging from political context to the psychological character of the monarch, historical inertia has lead to the centralization of power in the pope and his curial servants and advisors. Though many regard this centralization as having a supernatural root, I do not. To me it has been and remains an unfortunate natural development resting on the myth of Peter and the gradual and willful accretion of political and ecclesial power to the bishops of Rome. This power has been hardened in Catholic doctrines of the papacy and has displayed itself in the popular revival of ultramontanism in the last papacy.
. . .

The second problem the next pope will face is reversing the quality of the episcopate created by his predecessor. That Catholic bishops, like Catholic popes, are and should be men of orthodox catholic faith, well-versed in the classical creeds, conciliar teaching, and the doctrines of the churches of Christ, seems evident. But there is no need for Catholic bishops to be hermeneutical parrots. Bishops, archbishops, and cardinals seem devoted to repeating, without nuance, the never ending stream of papal and curial pronouncements under John Paul. We need bishops with brains and the courage to use them, bishops who believe that their job is to witness to the gospel in their own circumstances without wary and pious eyes cast over their shoulders to “the holy father,” waiting on him for enlightenment. They are appointed to witness to Christ’s resurrection and to serve their churches, not to witness to the papacy and serve it. They should be men capable of telling the pope he is wrong. I am not sanguine about this possibility, although under as powerful men as Pius XII and John XXIII such men were raised to the episcopacy and revealed themselves at the council. The full flown imperial papacy has been in place now for a quarter of a century and one must ask whether reversal is any longer possible and whether the bishops, most of them appointed by the deceased pope, are capable of honest and decent rule of their churches. Surely they are not up to a council and John Paul II could not have abided one.

Thursday, April 14, 2005

President Bush and the Poor

Which side should we who affirm Catholic Social Thought be on:  President Bush's side?  The side of the 44 Republicans who signed the letter?  Or is Catholic Social Thought indeterminate on this issue--and if it is, what's CST good for?

WASHINGTON (AP), April 14, 2005 -- President Bush's budget centerpiece to squeeze billions of dollars from spending on health care for the poor ran into jeopardy Thursday as 44 House Republicans signed a letter protesting the cuts.

The lawmakers said reducing Medicaid spending over the next five years by up to $20 billion as approved last month by the House ''will negatively impact people who depend on the program and the providers who deliver health care to them.''

[To read the whole article, click here.]

Michael P.