Tag Archives: Catholicism

Jensen, “Knowing the Natural Law”

Last month, the Catholic University of America Press released Knowing the NaturalJensen final sketch.indd Law: From Precepts and Inclinations to Deriving Oughts, by Steven Jensen (University of St. Thomas, Houston). The publisher’s description follows:

Recent discussions of Thomas Aquinas’s treatment of natural law have focused upon the “self-evident” character of the first principles, but few attempts have been made to determine in what manner they are self-evident. On some accounts, a self-evident precept must have, at most, a tenuous connection with speculative reason, especially our knowledge of God, and it must be untainted by the stain of “deriving” an ought from an is. Yet Aquinas himself had a robust account of the good, rooted in human nature. He saw no fundamental dierence between is-statements and ought-statements, both of which he considered to be descriptive

Knowing the Natural Law traces the thought of Aquinas from an understanding of human nature to a knowledge of the human good, from there to an account of ought-statements, and finally to choice, which issues in human actions. The much discussed article on the precepts of the natural law (I-II, 94, 2) provides the framework for a natural law rooted in human nature and in speculative knowledge. Practical knowledge is itself threefold: potentially practical knowledge, virtually practical knowledge, and fully practical knowledge.

This distinction within practical knowledge, typically overlooked or underutilized, reveals the steps by which the mind moves from speculative knowledge all the way to fully practical knowledge. The most significant sections of Knowing the Natural Law examine the nature of ought-statements, the imperative force of moral precepts, the special character of per se nota propositions as found within the natural law, and the final movement from knowledge to action.

Schindler & Healy, “Freedom, Truth and Human Dignity”

The concept of human dignity features prominently in international human ResizeImageHandlerrights law, including the law on religious freedom. The word bears many different meanings, though, which is one reason why human rights law is so complicated and varied.

One famous attempt to justify religious freedom in terms of human dignity is contained in the Vatican II document, Dignitatis Humane. In July, Eerdman’s will release a new book on the subject, Freedom, Truth, and Human Dignity: The Second Vatican Council’s Declaration on Religious Freedom, by David L. Schindler (Gonzaga) and Nicholas J. Healy (Catholic University of America). The publisher’s description follows:

Pope Paul VI characterized the Second Vatican Council’s Declaration on Religious Freedom —Dignitatis Humanae — as one of the greatest documents of Vatican II. It is also perhaps the most intensely debated document of the Council; both the drafting of the Declaration of Religious Freedom and its reception have been marked by deep disagreements about what this teaching means for the Church.

In this book David Schindler and Nicholas Healy promote a deeper understanding of this important document. In addition to presenting a new translation of the approved text of the Declaration,Freedom, Truth, and Human Dignity makes available for the first time in English the five drafts of the document that were presented to the Council bishops leading up to the final version. The book also includes an original interpretive essay on Dignitatis Humanae by Schindler and an essay on the genesis and redaction history of the text by Healy.

Raponi, “Religion and Politics in the Risorgimento”

I’m a bit late in noting this book, but the subject is so interesting that an Raponiexception was needed. Danilo Raponi’s (Goethe Universität Frankfurt am Main) still new Religion and Politics in the Risorgimento: Britain and the New Italy, 1861-1875, was published by Palgrave Mamillan last fall and looks to be a wonderful resource on an insufficiently studied topic. The publisher’s description follows.

This book examines Anglo-Italian political and cultural relations in the years of the ‘Roman Question’, and it analyses the impact and importance of religion in the construction of a British ‘Orientalist’ perception of Italy. It focuses on the British and Foreign Bible Society’s attempts to turn Italy into a Protestant nation, showing how perceived shortcomings in the national character of the Italians convinced the British that such ‘Protestantisation’ was necessary if Italy was ever to achieve nationhood. Their efforts encountered, however, strong popular and intellectual resistance from both the Italian people and the Catholic clergy, who called on Catholic Ireland to intervene in their defence. By looking at the interplay between religion and foreign policy, this book breaks through the boundaries between high politics and culture in a way that has not been attempted so far in the study of modern Italy, and puts religion at the centre of a harsh political and cultural war, one that was fought primarily on a transnational level.

Capizzi, “Politics, Justice, and War”

In July, Oxford University Press will release Politics, Justice, and War: Christianczpi Governance and the Ethics of Wartime, by Joseph E. Capizzi (Catholic University of America). The publisher’s description follows:

The just war ethic emerges from an affirmative response to the basic question of whether people may sometimes permissibly intend to kill other people.

In Politics, Justice, and War, Joseph E. Capizzi clarifies the meaning and coherence of the “just war” approach, to the use of force in the context of Christian ethics. By reconnecting the just war ethic to an Augustinian political approach, Capizzi illustrates that the just war ethic requires emphasis on the “right intention,” or goal, of peace as ordered justice. With peace set as the goal of war, the various criteria of the just war ethic gain their intelligibility and help provide practical guidance to all levels of society regarding when to go to war and how to strive to contain it.

So conceived, the ethic places stringent limits on noncombatant or “innocent” killing in war, helps make sense of contemporary technological and strategic challenges, and opens up space for a critical and constructive dialogue with international law.

Rios Oyola, “Religion, Social Memory and Conflict”

In June, Palgrave Macmillan will release “Religion, Social Memory and Conflict: The Massacre of Bojayá in Colombia” by Sandra Milena Rios Oyola (Utrecht University, Netherlands). The publisher’s description follows:

The field of transitional justice and reconciliation considers social memory 9781137461834
to be an important mechanism for acknowledging the violation of victims’ rights and a step toward building peace. Societies in conflict, such as Colombia, challenge our current understanding of using memory in the construction of social peace processes, which in turn question the impossibility of forgiving violence that is still to come. Drawing on original ethnographical research, Rios analyses strategies of memorialization after the massacre of Bojayá, Colombia, as an arena of political contention but also of grassroots resistance to persistent and diverse forms of violence. The book focuses on the work of the local grassroots Catholic Church and of the victims’ association ten years after the massacre of Bojayá. It explores the role of religion in the management of victims’ emotions and in supporting claims of transitional justice from a grassroots perspective in a context of thin political transition.

The Merchants of Venice

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Photo Courtesy of Gianmario Guidarelli

I’ve enjoyed Nate’s posts this month on the importance and benevolence of the market as a human institution. The market can indeed promote tolerance, cooperation, and peace, to say nothing of wealth. And its importance in our culture only increases. The market continues to expand its reach, governing many aspects of life we once thought beyond it. A few decades ago, prenuptial agreements were void as against public policy. Courts would not enforce agreements in contemplation of divorce. Now, prenups are routine. There are many other examples.

As the market expands, it seems inevitable that competing commitments will shrink, at least as a matter of public life. Religion may be among these commitments. In fact, as Nate explains, reducing religion’s hold on people may have been the point all along. Voltaire, for example, anticipated that the expansion of commerce would cause religious commitment to atrophy. People would come to see the market, not the church, as important, and identify as buyers and sellers rather than believers. After all, in the marketplace, it doesn’t matter whether one is a good Christian, Jew, Muslim or pagan. All that matters is whether one can pay.

In the passage Nate quotes, Voltaire offers eighteenth-century London as the model of a benevolent, religiously indifferent, commercial society. (Voltaire overstated things. In 1780, two years after he died, London was convulsed by the vicious, anti-Catholic Gordon Riots, in which mobs terrorized the city for days while Londoners huddled inside their homes, afraid to face them. “Such,” Johnson observed, “is the cowardice of a commercial place.”) When one thinks of the prototype of a mercantile society, though, one usually thinks of another city a thousand miles away. It’s Venice, more than any other place, which conventionally epitomizes the commercial society.

I’ve been thinking a great deal about Venice, lately, ever since I visited last month to participate in an international law and religion moot court competition. In its glory, Venice was a city devoted to commerce. Just as in today’s New York, you could find anything for sale. The city pioneered credit-financed capitalism and grew fabulously wealthy on trade with Byzantium and the Levant. And, as Voltaire’s theory would suggest, the Venetian Republic was quite tolerant of religious difference, especially for the time. The city had significant colonies of Eastern Christians like Greeks and Armenians; Lutheran Germans; Muslim Turks; and of course Jews. All made fortunes trading peaceably in Venice.

And yet, as I learned, Venice had a compensating commitment to tradition. The city balanced devotion to the fluid world of commerce with an equal devotion to the static world of custom. As Peter Ackroyd explains in his marvelous book, Venice, Pure City (2009), Venice was “the most conservative of societies.” In law and government, ancient usage had preeminent authority, more than positive legislation. Social interactions followed patterns that did not change. For example, strict rules limited what different classes could wear. Patricians wore stiff black gowns, which highlighted gravity and authority, not flexibility and cosmopolitanism. In architecture, generation after generation followed old models. When buildings collapsed, Venetians would reconstruct them exactly as they had been, often using the same materials. Come era, dove era.

And Venice was exceptionally religious. The city’s enthusiastic participation in the Crusades is well known, and was always a matter of great pride. One could dismiss Crusading as a search for more loot, but for Venetians it was more than that. Venetians were genuinely devout, perhaps excessively so. Hundreds of churches shared a very small space; religious processions were numerous and frequent.  Reports of miracles were common; only Rome had more. This is not to say that Venetians were saints. They never lost sight of the main chance. But Catholicism was a centerpiece of their identity. Ackroyd sums it up best: “Machiavelli wrote that ‘we Italians are corrupt and irreligious beyond all others.’ That was not true of the Venetians. They were corrupt and religious.”

The commitment to tradition was brought home to me when I was visited the famous basilica of Santa Maria della Salute on the Grand Canal. The basilica was built in the seventeenth century to commemorate the Virgin’s help in ending one of the periodic plagues that struck Venice. As architectural historian Gianmario Guidarelli explained to me, at the very center of this church, there is an inscription (above) that captures the Venetian understanding of life: Unde Origo Inde Salus, “Where is the Origin, There is Salvation.” The inscription refers to the legendary founding of Venice on March 25, the Feast of the Annunciation to the Virgin in the Western calendar. But I think the inscription must allude more generally to the saving power of the past. Salvation doesn’t come from novelty or change. To preserve the city, one must return to history, to ancient customs, to the origins. You can’t get more traditional than that.

With their dual commitment to markets and tradition, the merchants of Venice held the gorgeous East in fee. The state they created, the Venetian Republic, lasted for more than a thousand years. In the West today, we have kept and expanded markets, but seem ever more eager to jettison tradition. I wonder how long we’ll last.

Panel: “Pope Francis and the Vocation of the Lawyer” (April 29)

On Wednesday, April 29, 2015, from 6:30–8:30 p.m., Fordham Law School’s Institute on Religion, Law, and Lawyer’s Work will host a panel discussion on “Pope Francis and the Vocation of the Lawyer.” CLR Advisory Board member Judge Richard Sullivan will be among the panelists:

Pope Francis has spoken about the obligation of those whose work involves the law, administration of justice, and the setting of public policy.

He recently mentioned, at a meeting with Filipino authorities, “…the challenge of building on solid foundations a modern society—a society respectful of authentic human values, protective of our God-given human dignity and rights, and ready to confront new and complex political and ethical questions.”

And on a letter to the participants of the 19th International Conference of the International Association of Penal Law, he wrote: “… the Church recommends a justice that is humanizing, genuinely reconciling,… that leads the offenders, though an educational way and through inspiring penance, to complete their rehabilitation and reintegration into the community.”

This panel will explore how Pope Francis and the Catholic Social Teachings of the Church impact the practice of law and the lives of lawyers.

Register here.

Pope Francis on the Armenian Genocide

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Pope Francis Greets Armenian Apostolic Patriarch Karekin II on Sunday (NYT)

Last Sunday in Rome, Pope Francis celebrated a Mass in St. Peter’s Basilica to commemorate the 100th anniversary of the Armenian Genocide, an ethnic cleansing campaign that took place at the end of the Ottoman Empire. In the course of a two-hour liturgy in the Armenian rite, and in the presence of the Armenian Catholic patriarch, patriarchs of the Armenian Apostolic Church, the president of the Republic of Armenia, and many Armenian pilgrims from around the world, Pope Francis made what should have been an entirely uncontroversial statement. The Armenian Genocide, he said, quoting his predecessor Pope St. John Paul II, “‘is generally referred to as the first genocide of the twentieth century.’”

The essential facts are well known. Armenian Christians made up a significant percentage of the population in the Ottoman Empire’s eastern provinces. For a few decades, there had been unrest. In religious and political reforms known as the Tanzimat, the Ottomans had formally granted equal status to Christians and Muslims. Equality for Christians caused a backlash among Turkish Muslims, though, and oppression of Armenians and other Christians continued, particularly in the countryside. Armenian paramilitary groups began to resist. When World War I began, the Young Turk government worried that these groups would side with Christian Russians. So it decided to solve the “Armenian Question” once and for all by deporting the entire Armenian population from Anatolia to Syria, through the Syrian desert. Deportation through a desert, without adequate protection or supplies, is obviously a recipe for mass extermination. And that is what happened. Historians estimate that 1.5 million Armenian Christians perished, under horrible conditions, in the death marches and slaughters. The enormities are well documented.

Nonetheless, the Turkish side refuses to acknowledge what happened as genocide, denying that there was any plan to eliminate Armenians from Anatolia, while also arguing, inconsistently, that the Armenians were a potentially disloyal population and that the Ottomans had a right to do what they did. Besides, they say, many Turkish Muslims also suffered and died in World War I—surely true, but a non-sequitur. Because of Turkey’s sensitivities on the subject, and because of geopolitical realities, many Western governments, including our own, dance around the issue. When running for office, President Obama promised that he would officially recognize the Genocide, a promise he immediately broke as president. So Pope Francis’s forthright statement—even if he was, in fact, only quoting a predecessor, who was in turn referring to a general consensus—was remarkable, and praiseworthy. (The words on paper don’t capture the tone of the pope’s remarks. Watch this video of the event from Rome Reports. Francis is not simply reading from a text. He obviously means every word of it).

In response, Turkey has condemned the pope’s remarks as religious hatemongering and recalled its ambassador from the Vatican. The repercussions will no doubt continue. Yesterday, Turkey’s minister for European affairs suggested the pope had been brainwashed by the Armenian community in Argentina. Today, Turkish President Recip Erdogan reacted in rather personal terms. According to the English-language Turkish Daily News, Erdogan–who actually has gone farther than many Turkish leaders in acknowledging the suffering of the Armenians in 1915–said the pope’s remarks were characteristic of a “politician” rather than a religious leader. “I want to warn the pope to not repeat this mistake and condemn him,” Erdogan said.

In his remarks, Francis correctly linked the Armenian Genocide to the persecution of Mideast Christians generally—100 years ago, and today. Religion was not the only factor in the Genocide, of course, but it had a major role. Armenians who converted to Islam were often spared; some of their descendants still live in Turkey today. Many Armenians died as Christian martyrs; indeed, the Armenian Apostolic Church will canonize these victims of the Genocide at a ceremony in Armenia this month. Moreover, as the pope told the crowd at St. Peter’s, the Genocide struck not only  the “Armenian people, the first Christian nation”—here the pope is referring to the fact that Armenia was the first state to adopt Christianity as its religion, in 301 A.D.—but also “Catholic and Orthodox Syrians, Assyrians, Chaldeans and Greeks.”  In all these communions, “bishops and priests, religious, women and men, the elderly and even defenseless children and the infirm were murdered.”

In addition, as everyone knows, the persecution of Christians in the Middle East continues today. The pope referred to these new martyrs as well: “Sadly, today too we hear the muffled and forgotten cry of so many of our defenseless brothers and sisters who, on account of their faith in Christ or their ethnic origin, are publicly and ruthlessly put to death – decapitated, crucified, burned alive – or forced to leave their homeland.” Many Christian communities in Syria and Lebanon took in the refugees of 1915, saving their lives, giving them a place to raise their children and preserve their faith. Now those communities themselves are the victims of ethnic and religious cleansing. To whom shall they go?

In an insightful column, Walter Russell Mead argues that Pope Francis’s remarks show that he has decided to raise the rhetorical stakes in the crisis facing Christians in the Mideast. Up till now, the Vatican has taken a “‘softly, softly’” approach to the conflict, so as not to endanger the lives of vulnerable Christians still there. Outside intervention often makes things worse for Mideast Christians, after all. But how much worse can things get? Mideast Christians face extinction.

Today’s Turks are not responsible for what their ancestors did 100 years ago. God willing, Turks and Armenians will one day be able to reconcile in a way that honors justice. Acknowledging the truth about what happened to the Armenians is a start. Meanwhile, drawing attention to the Armenian Genocide may be a way to mobilize the world to save suffering Christians now—before it is too late.

St. John’s Professor to Speak on Collective Bargaining at Catholic Universities

The National Center for Collective Bargaining in Higher Education and the Professions will host its Annual National Conference on “Thinking about Tomorrow: Collective Bargaining and Labor Relations in Higher Education” at the CUNY Graduate Center from April 19-21. St. John’s Law’s Professor David Gregory will moderate one of the conference’s panels, “Catholic Colleges and Universities: Collective Bargaining and NLRB Jurisdiction.” Get more information and register here.

“Secularism, Catholicism, and the Future of Public Life” (Adler, ed.)

This June, Oxford University Press will release “Secularism, Catholicism, and the Future of Public Life: A Dialogue with Ambassador Douglas W. Kmiec” edited by Gary J. Adler, Jr. (University of Southern California).  The publisher’s description follows:

Secularism, Catholicism and the Future of Public LIfeHow can religion contribute to democracy in a secular age? And what can the millennia-old Catholic tradition say to church-state controversies in the United States and around the world? Secularism, Catholicism, and the Future of Public Life, organized through the work of the Institute for Advanced Catholic Studies (www.ifacs.com), responds to these questions by presenting a dialogue between Douglas W. Kmiec, a leading scholar of American constitutional law and Catholic legal thought, and an international cast of experts from a range of fields, including legal theory, international relations, journalism, religion, and social science.