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.

Monday, August 7, 2006

Catholic Theologians on the Faithful and Women Priests

In regard to my question on whether faithful Catholics must assent to the judgment that the Church lacks authority to ordain women, in 1997 the Catholic Theological Society of America overwhelmingly endorsed the conclusions of this paper expressing skepticism that the reasons "given by the Congregation [for the Doctrine of the Faith] justify the assertion that the definitive assent of the faithful must be given to the teaching that the Church has no authority whatsoever to confer priestly ordination on women."

Rob

Teens, Sex and Music

Sexually explicit music is just reflective of teenage social reality, right?  Wrong.

Rob

Sunday, August 6, 2006

Shoot First

The culture of life property has been given a boost by the trend (15 states in the last year) of expanding the right to kill home or vehicle intruders, as states eliminate the duty to retreat and the requirement of proving that the shooter feared for her own safety. 

Rob

Thursday, August 3, 2006

God Speaking Through Gender

On the subject of women priests, Bill Castle passes along this essay in which C.S. Lewis writes:

Christians think that God Himself has taught us how to speak of Him. To say that it does not matter is to say either that all the masculine imagery is not inspired, is merely human in origin, or else that, though inspired, it is quite arbitrary and unessential. And this is surely intolerable: or, if tolerable, it is an argument not in favour of Christian priestesses but against Christianity….

The innovators are really implying that sex is something superficial, irrelevant to the spiritual life. To say that men and women are equally eligible for a certain profession is to say that for the purposes of that profession their sex is irrelevant. We are, within that context, treating both as neuters.

Bill comments that this issue "boils down to the idea that God created men and women, and that He revealed Himself in the male gender (both as God the Father and Son and a human person of the male sex), and that He did both with purpose deeper and more essential than the legal fictions involved in the classification of all persons as neuters."

Rob

What Lies "Beyond Gay Marriage?"

A few days ago I commented on the statement, "Beyond Same-Sex Marriage" (and Martha Fineman responded).  Now Robert George praises the statement's signers for their intellectual honesty in admitting that "what lies 'beyond gay marriage' are multiple sex partners."  Jonathan Rauch replies to George here. (HT: Dale Carpenter)

Rob

Wednesday, August 2, 2006

Solum on State Forgiveness

Larry Solum answers John McCullough's question, "Can the secular state forgive people?," here.

Rob

Women Priests and Sin

I may be opening up a hornet's nest here, but perhaps the summer doldrums need a bit of a shake-up.  A reader emailed me John Paul II's apostolic letter on the ordination of women, in which he concludes that "in order that all doubt may be removed regarding a matter of great importance, a matter which pertains to the Church's divine constitution itself, in virtue of my ministry of confirming the brethren (cf. Lk 22:32) I declare that the Church has no authority whatsoever to confer priestly ordination on women and that this judgment is to be definitively held by all the Church's faithful."

John Paul II's statement appears, at least to my non-expert reading, to suggest that I am in a state of sin if I do not subjectively agree with the position that the Church has no authority to ordain women.  This seems to go beyond a call for deference to Church authority, equating a contrary internal conviction on women priests with sin.  (In which case, according to the Salon article, 60% of American Catholics are in a state of sin on this issue.)  I'm new to this debate, and I still tend to carry a Protestant sensibility on matters of individual conscience, but is this what John Paul II is asserting, or am I misreading him?  If I believe that women should be ordained -- or even the less confrontational claim that we should work toward the day when it is possible for women to be ordained -- does that belief itself constitute a sin?

Rob

Women Priests

Salon has a profile of the Catholic women priests movement:

By their visibility and accessibility, a small band of women are forcing a confrontation. They are asking, Is sexism a sin? How does the church reconcile its teaching that women and men are created in God's image, that once baptized, there is "no male or female" and "all are one in Christ Jesus," with its contention that women cannot represent the ultimate sacred or hold ultimate power through ordination because they are, literally, the wrong "substance"? The statement from the Diocese of Pittsburgh condemning the ordinations asserted this argument against women's ordination: that priests must resemble Jesus physically. That belief is based, in part, on the notion of the substance of a sacrament: in the case of the Eucharist, bread and wine; and of holy orders, a man. Comparing people to food, the press release said: "Just as a priest cannot consecrate the Eucharist if he uses something other than unleavened white bread and wine from grapes, so too a bishop cannot confer Holy Orders on anyone other than a baptized man."

This reminds me: I'm still hoping that someone can answer Eduardo's challenging question from several months ago.

Rob

Tuesday, August 1, 2006

Lee on John Paul II and Benedict XVI

Ave Maria law prof Kevin Lee offers the following reflections in response to Lisa's question and Tom's comments on Pope John Paul II, Pope Benedict XVI, and Augustinianism:

I thought I would weigh in on this discussion of the continuity of Pope Benedict XVI’s thought with John Paul the Great. (I am looking forward to the conference on this topic at Villanova this fall!) Both Lisa and Tom raised some excellent questions and brought up some interesting points. I spent a bit of time this summer with both Fides et Ratio and the City of God as I try to wrap up my dissertation, so the questions hit me with a bit of force.

First, I want to recommend the final section of Fides et Ratio, which explains why Mary represents the ideal of wisdom. John Paul teaches, “As Mary, consenting to the message of Gabriel, lost nothing of her humanity and freedom, so too the discipline of philosophy in accepting the superabundant truth of the Gospel loses nothing of its autonomy, but discovers that all its researches are propelled towards the highest perfection.” (Fides et Ratio para. 108) John Paul believed that Mary Seat of Wisdom is a parable that illuminates the message of the entire encyclical. Lisa’s question about the need to be Marian in our work should be viewed in this light, I think. The Church can never be viewed as a “technological device” if it is viewed as the diakonia (minister) of the superabundant truth of the Gospel. And, like Mary, when we submit to the demands of our faith, we do not lose our freedom or autonomy, but the fullness of meaning of our lives becomes available to us.

Next, turning to the Augustinianism of Pope Benedict XVI, Tom brings up an interesting question: To what extent is his thought influenced by other German theologians? While I’m not sure that he has been greatly influenced by Martin Luther, there are clearly some German Protestants who have at least indirectly had an influence on his thought as with all theological discourse. Exploring this question raises issues about the Holy Father’s view of the relationship between faith and reason.

In particular, the work of Karl Barth, which influenced many Catholic theologians, touches on a controversy regarding faith and reason that still shapes theology today. Barth, like many German theologians of the time, was reacting to the near absorption of the Lutheran Church by the Nazi state, but for a few hold-outs like Dietrich Bonhoefer. Catholic theologians such as Henri de Lubac, Hans Urs von Balthasar, the young Karol Wojtyla, and an equally young Joseph Ratzinger were all influenced in different degrees and ways by Barth. His thought stands at the center of controversial beliefs about the relationship between Christian faith and modern culture, which took the form in the early twentieth century as debates on the relationship between nature and grace. In these debates, some argued for a hierarchical separation of nature and grace, which resulted in a dualistic understanding in which the natural world came to be seen as autonomous of grace. Since they viewed the State as a natural (and therefore graceless) secular community, they separated political and social theory from theology. In assuming a putatively neutral “natural” reason, they were led to theological strategies that sought to accommodate modern philosophy or to correlate Christian doctrine with modern ideas.

Karl Barth argued that a Christian account of the world and of the moral life must be rooted in theology that resists the attempt to translate or correlate the contents of faith in terms of natural reason because he argued there is no possibility of a neutral contact point between the Gospel and public rationality. Instead Barth believed that the Revealed Gospel subverts cultural givens, even such basic assumptions as norms of rationality, standards of argumentation, and the very conception of Truth. In a critical point in his argument, Barth argues:

The Gospel is not a truth among other truths. Rather it sets a question mark against all truths . . . So new, so unheard of, so unexpected in this world is the power of God unto Salvation, that it can appear among us, be received and understood by us, only as a contradiction. The Gospel does not expound or recommend itself. It does not negotiate or plead, threaten, or make promises. (Epistle to the Romans 38-39).

Barth's project was furthered in the developments of the so-called Yale School of post-liberal theology associated with Hans Frei and George Lindbeck.  Among Catholic thinkers, the most similar insights can be found among the writings of Henri de Lubac, Yves Congar, and Hans Urs von Balthasar (collectively these thinkers were pejoratively called the nouvelle theologie by their opponents). These theologians emphasized the strategy of resourcement, which seeks to recover insights from the early fathers and patristic theology. In particular, de Lubac sought to gain better purchase on the nature/grace dialectic that had emerged in some forms of scholastic thought (what Balthasar called a “juridical-naturalistic pattern of thinking” that he believed had developed, first with Cajetan, then Suarez).

An important observation is made by Alasdair MacIntyre in his Gifford Lectures, published under the title, Three Rival Versions of Moral Enquiry. According to MacIntyre, after Leo XIII’s encyclical, Aeterni Patris in 1870, some Neo-scholastics wrongly read St. Thomas as a counter to modern Cartesian concerns with epistemology. MacIntyre argues first that the epistemological concerns of Descartes were already present but un-thematized in later medieval Thomism, particularly in Suarez. According to MacIntyre, Henri de Lubac argued that the Suarezian interpreters of St. Thomas, partly because of Stoic influences, wrongly believe that St. Thomas sought to separate philosophy from theology by positing a pure natural reason independent and autonomous of grace. De Lubac was influential on the founders of the so-called “Radical Orthodoxy” movement (John Milbank, Catherine Pickstock, Graham Ward).

MacIntyre’s position is similar to de Lubac’s who also witnessed this dualism and argued that it rests on the presumption of an autonomous nature which is independent of grace. This thesis, however, misstates the theological interpretation of creation, since the only goal that God has set for human nature, the beatific vision, is rendered pointless and meaningless if there could possibly be a purely natural goal for human life. What is symbolized in the supernatural mystery of Christ is essential to the meaning of Christian life and thought. As a dependent creation, nature is always already a divine gift, and therefore cannot be autonomous (lit. self-legislating). Reason itself participates in grace, so any dualistic opposition of faith and reason is for de Lubac purely a product of modernity. On his account, the Christian position holds faith to be a species of reason.

These issues were not taken up explicitly by John Paul II, but in his encyclical Fides et Ratio he gives some guidance about the limits that one can hope to achieve in the translation or correlation of Catholic thought. John Paul suggests that the Catholic mode of signification contains certain features that are irreducible in the sense that the meanings of these doctrines elude other modes of signification. That is to say, faith allows us to use symbols to explore reality in ways that cannot be fully grasped by reason unassisted by faith. The essence of Christian faith, he contends, requires understanding the meaning of human beings as creatures created in God’s image, yet fallen and redeemed in Christ.

Although Benedict XVI was influenced by de Lubac, he was more influenced by his friend, Hans Urs von Balthasar. Aidan Nichols, in his biography of Joseph Ratzinger, notes this in writing about his approach to the concept of a purely natural philosophy. Following Balthasar, “Ratzinger believes that the sharp distinction between philosophy and theology, as respectively the reflexive tasks of natural reason and supernatural understanding, presses the classic Thomist texts beyond what they can, or should, bear. And once, as in some circles of the Neo-Thomist revival, philosophy is assigned to the sphere of pure reason, and theology to that of revelation, the methodological relation of the two becomes exceedingly problematic.” Against Barth, however, he argues that theology needs philosophy too. As Nichols puts it, “where ontology, in particular, is abandoned, as it was in nineteenth century German Protestantism, the idea of God itself collapses.” Healing the wounds caused by the distortion of St. Thomas Aquinas in the hands of late medieval Thomists like Cajetan and Suarez is, I submit, a goal of this pontificate as it has been for the Holy Father throughout his life.

In order to accomplish this goal Ratzinger has written of a three-tiered understanding of the relation of faith to reason: First, they share a common orientation to the question of the meaning of death. This is the existential "thorn in the side" that calls for a meaningful explanation not only of death, but of life itself. Second, the claim to rationality is shared by both, such that it is not irrational to have faith. And, third, the conviction that the power of the logos, duly received, will satisfy the deepest longing in the human heart. "By means of Christians, the Logos becomes an answer to human questioning."

Discourse on law draws on conceptions of justice and human dignity that take on unique significance and meaning from within the Catholic faith. Some, like Tracey Rowland, argue that in fact words like “rights” are inseparable from secular rights theories and moral anthropologies. For this reason, she argues (controversially) that the Church ought to drop the term all together. I think both John Paul and Benedict would be more open to rights than Rowland. Both would seem to endorse the idea of rights (particularly useful when speaking to a secular audience). I think Rowland’s work is exceptionally useful for Catholic legal thought precisely because it highlights the difficulties of using a term that we take so automatically as the (only) legitimate goal of legal systems. Rowland’s work reminds that we should use the concept carefully and realize that in the fallen world, rights can actually retard human freedom.

This is particularly true in the realm of economic rights. John Paul was always somewhat grudging in his endorsement of them. A “free economy” surely offers advantages over planned economies (as of his native Poland under Soviet occupation). But, as the endorsement of economic libertarianism is far from his position: the combination of human sinfulness, private ownership of capital assests, and a free market will inevitably produce market failures and injustice. (Centesimus Annus para 35). Sollicitudo Rei Socialis, para 16). I see nothing in Benedict XVI’s thought to date that would substantially alter this position.

The Holy Father’s Augustinian studies will undoubted shape his approach to social thought. St. Augustine argued that the very fabric of social existence, the glue if you will, that binds people together into communities is best understood, not as shared economic interests or a shared rights, but as an agreement to share in the objects of love. (City of God, Book 19) He wrote of the transformative power of love to change the way a person values life and all things in it. Dante captured this so well in the opening sentences of his meditation on his beloved Beatrice. He writes: “In my book of Memory, in the early part where there is little written, there comes a chapter with the title, “Here a new life begins.” Dante is referring to the transformation that Beatrice made in his life, giving it meaning and purpose. Similarly, in his first encyclical, Deus Caritas Est, the Holy Father writes of the transformative power of God’s love which is the foundation of Christian life. He writes, “Being Christian is not the result of an ethical choice or a lofty idea, but the encounter with an event, a person, which gives life a new horizon and a decisive direction.” Later he writes, “Love promises infinity, eternity—a reality far greater and totally other than our everyday existence.” What classical metaphysics refers to as a telos or end for the human person is experienced by the person as a longing or a desire. The existential human problem is how to desire well for a fulfilled life.  Purification and growth to maturity are necessary to achieve the best end for the person. The sort of erotic love of the young Dante for his Beatrice must be brought to maturity and healed so that the person can achieve the true splendor that is possible only with a real discovery of the other. When erotic love deepens into agape, concern and care for the other, it is no longer self-seeking, but ready and even willing for sacrifice. This giving of oneself for another is the fulfillment of human life, made possible through community and in community.

Monday, July 31, 2006

Family Diversity

Last week a group of activists and scholars (e.g. Cornel West, Gloria Steinem, Barbara Ehrenreich, Chai Feldblum, Martha Fineman, Kenji Yoshino) released a statement, "Beyond Same-Sex Marriage: A New Strategic Vision for All Our Families and Relationships."  The opening paragraph:

We, the undersigned – lesbian, gay, bisexual, and transgender (LGBT) and allied activists, scholars, educators, writers, artists, lawyers, journalists, and community organizers – seek to offer friends and colleagues everywhere a new vision for securing governmental and private institutional recognition of diverse kinds of partnerships, households, kinship relationships and families.  In so doing, we hope to move beyond the narrow confines of marriage politics as they exist in the United States today.

The statement calls the government to support households as they are constituted today, which is an admirable thing to do.  But the statement avoids the heavy lifting that would be required to make this a meaningful contribution to the conversation on family law.  In particular, it does not address whether certain categories of relationship are more or less valuable for the long-term health of society.  One or more of the following premises seems to be operative: 1) individuals' structuring of their househould relationships is unaffected by the law's content; 2) all categories of household relationships are of equal value to the long-term health of communities; or 3) regardless of the comparative social value of relationships, the government overreaches if it tries to reflect that comparative value in public policy.  Whichever premise is doing the work here, the statement would benefit considerably from bringing it to the surface where it can be unpacked and engaged. 

Rob