Sunday, November 29, 2020

Lex Anteinternet: Pope Francis in the New York Times and the Fatigue...

Lex Anteinternet: Pope Francis in the New York Times and the Fatigue...

Pope Francis in the New York Times and the Fatigued Audience.

In the past here, up until this past year, when a Pope made a major statement I usually commented on it.  I've pretty much given up doing that with Pope Francis.  Indeed, I've come to the point where I dread his new proclamations as all too often they're followed by clarifications and explanations, and the like, and generate confusion.

Indeed, I find the Catholic Answers responses to this interesting.  I tend to find that the apologist who comments there that I like the most, Jimmy Akin, simply doesn't comment on them as they come up in general, an overall wise approach in my view.  Others take to trying to explain them which can be difficult not because they aren't explainable, but because the Holy Father simply isn't a good writer, at least in so far as the English translations of his works would have it, and he tends to speak without really internally vetting what he's saying.  Tim Staples, whom I normally don't listen to, was simply gushing in his praise of the Pope's most recent encyclical declaring it absolutely brilliant, for example, which probably was really only persuasive to those who were already convinced, and pretty much turned off by those who were.

The entire recent "Pope approves of civil unions" matter was such an example.  Put in context the Pope was in fact not declaring that the Church now approves of civil unions nor was it modifying its positions on marriage in general. But his remarks frankly were hard to explain and caused at least one really orthodox but not rad trad apologist, Matt Fradd, to react with despair.  Indeed, the Pope allowing his comments to end up in a public medium being misconstrued yet again, even if they predate his Papacy (which they seem to have) was pretty much the tipping point for a lot of orthodox Catholics who are not rad trads.  If he couldn't have prevented his comments from being used, which he very well might not have been able to do, and if they predated his Papacy, there should have been some quicker response than there ultimately was so that there wasn't a widespread press declaration confusing the rank and file in the pews and causing figures like Fr. James Martin to declare them to be "first steps", which they were not.  I.e., I think orthodox Catholics have sort of turned Pope Francis off, and "liberal" or "progressive" Catholics are an aging declining demographic whose views, frankly, really don't matter.  The support, therefore, by Fr. James Martin, SJ, really matters only to the Press, not so much the people in the pews.

Compounding this, while the Pope isn't a good writer, he's a proficient one, and its gotten so a person can hardly turn around without a new Papal writing appearing.  Just in the last couple of months he issued a new encyclical that was an extremely lengthy text which appeared to a be a summation of all of his prior encyclicals.  Indeed, this was so much the case I wondered if it was some sort of final compilation prior to a resignation.  It doesn't appear to be, but its hard to figure out why he issued an encyclical which is a lengthy summation of his prior encyclicals.

That wasn't his only writing, however, this year.  Just a few weeks ago the Pope issued Let Us Dream: The Path to a Better Future, which I have not read and which I'm very unlikely to.  This book was apparently written during a Coronavirus lockdown and comments on a lot of contemporary social matters, including protests in the United States.  And now, over the past few days, he has an op ed in The New York Times.

I'll note here that I don't expect the Pope to really be familiar with the Times, and I'll give the Times credit for running it.  The Times does have one highly orthodox Catholic columnist on its staff who writers very Catholic themed articles.  Having said that, the Times isn't what it once was, so to a degree choosing the Times is an interesting choice by whomever made it.

Additionally, the Times has a "pay wall" and that means people who regularly read it will probably not be able to unless they're a subscriber, which there's no point in being.  Be that as it may, I did read it.

I was frankly prepared to dislike it as I'm frankly very tired of the Pope saying things that have to be explained as they creep up on falling outside of orthodoxy.  I'm like Matt Fradd and a lot of other loyal orthodox Catholics that way in which there's been so much, I'm just tired of it and probably have the volume on pretty low at this point.  A lot of us, rightly or wrongly, are at this point just marking time until the Boomer generation ages out of high Church offices and a new age of orthodoxy resumes, which it will.  It's not that we're not respectful or loyal to the Pope, but we're probably resuming the mental attitude of Catholics of the 18th Century or 19th Century who didn't really expect to hear from the Pope much and are accordingly sort of tuning out now.  Or maybe more accurately we may have the view of Eastern Rite Catholics who are fully Catholic in every sense but are more insular and traditional in ways that don't allow the outside world to impact them to the same degree.  Indeed, quite a few orthodox Catholics were headed in that direction anyhow. 

Well, at any rate, the Pope has published in the Times with an op ed entitled:

A Crisis Reveals What Is in Our Hearts

To come out of this pandemic better than we went in, we must let ourselves be touched by others’ pain.

We should note that headline writers, and not the authors, write headlines for papers like the times.  If that seems sort of an un Francis like headline and subheading, it probably is.  It was no doubt written by the Times.

Anyhow, I read the entire op ed and didn't find anything unorthodox or shocking, although it may be signaling an intended effort, which I'll address below. So as is frequently the case, I was a bit pleasantly surprised.  So far on Francis' encyclicals, I've found them that way.  I also find their views often uniquely foreign in a way, but then he isn't an American, after all.

A lot of the Pope's article is personal about the events leading up to his lung removal many years ago, and the experience of pain and illness.  A lot of it is, in fact, deeply personal and an homage to two sisters who were nurses when he was ill, noting as he ties it back in:

Whether or not they were conscious of it, their choice testified to a belief: that it is better to live a shorter life serving others than a longer one resisting that call. That’s why, in many countries, people stood at their windows or on their doorsteps to applaud them in gratitude and awe. They are the saints next door, who have awakened something important in our hearts, making credible once more what we desire to instill by our preaching.

My conservative friends, I'm afraid, aren't going to like it. There's pretty clearly a swipe at Americans, and perhaps the Trump Administration, and a common view in the United States, where he states:

With some exceptions, governments have made great efforts to put the well-being of their people first, acting decisively to protect health and to save lives. The exceptions have been some governments that shrugged off the painful evidence of mounting deaths, with inevitable, grievous consequences. But most governments acted responsibly, imposing strict measures to contain the outbreak.

Yet some groups protested, refusing to keep their distance, marching against travel restrictions — as if measures that governments must impose for the good of their people constitute some kind of political assault on autonomy or personal freedom! Looking to the common good is much more than the sum of what is good for individuals. It means having a regard for all citizens and seeking to respond effectively to the needs of the least fortunate.

It is all too easy for some to take an idea — in this case, for example, personal freedom — and turn it into an ideology, creating a prism through which they judge everything.

This gets into an interesting Catholic belief which is that governments, all governments, derive their authority from God and therefore are charged, accordingly, with responsibilities.  That belief is the one that causes people to misconstrue the old "Devine right" of kings, which isn't what it means, so much as it means that all authority is ultimately God's and any legitimate exercise of authority, whatever it is, is only to the extent that God permits it, and therefore must be used accordingly.

Of course, this is also a lecture aimed at individualist who value personal freedom or collective safety in this context, which is something that has been seen all over the globe.  The Pope clearly disapproves.

And that's where the op ed then takes a big turn, returning to common Francis themes.

God asks us to dare to create something new. We cannot return to the false securities of the political and economic systems we had before the crisis. We need economies that give to all access to the fruits of creation, to the basic needs of life: to land, lodging and labor. We need a politics that can integrate and dialogue with the poor, the excluded and the vulnerable, that gives people a say in the decisions that affect their lives. We need to slow down, take stock and design better ways of living together on this earth.

The pandemic has exposed the paradox that while we are more connected, we are also more divided. Feverish consumerism breaks the bonds of belonging. It causes us to focus on our self-preservation and makes us anxious. Our fears are exacerbated and exploited by a certain kind of populist politics that seeks power over society. It is hard to build a culture of encounter, in which we meet as people with a shared dignity, within a throwaway culture that regards the well-being of the elderly, the unemployed, the disabled and the unborn as peripheral to our own well-being.

To come out of this crisis better, we have to recover the knowledge that as a people we have a shared destination. The pandemic has reminded us that no one is saved alone. What ties us to one another is what we commonly call solidarity. Solidarity is more than acts of generosity, important as they are; it is the call to embrace the reality that we are bound by bonds of reciprocity. On this solid foundation we can build a better, different, human future.

In doing this its interesting to see the references to the Catholic Social Teaching of Solidarity.  Solidarity and Subsidiarity are old Catholic themes, prominent in the writings of Pope Leo XVIII and best recalled from Rarem Novarum.  A really well schooled Catholic will recognize the references to Solidarity right away, but Protestants, and frankly most Catholics for that matter, won't.

The editorial also recalls themes that Pope Francis has had throughout his papacy in regard to economics, and which seemingly have evolved towards a certain type of internationalism in a way more recently, but it's not specific on them.  Criticism of capitalism, however are nothing new in Catholic circles and indeed Rarem Novarum criticized both capitalism and socialism, giving rise to the development of distributism.  Interestingly, that latter fact is hardly noticed anywhere, and hasn't been by Pope Francis himself, perhaps because capitalism has come to so dominate free market economies that the free market concept of distributism is hardly known to even exist outside of the small population of (somewhat gadfly) distributists.

At any rate, it's not a bad editorial.  I doubt it'll be very impactful, however.  Pope Francis has spoken too much, and too vaguely, and written too much, and too vaguely, to really be noticed very much now outside of Catholic circles, and the orthodox, who would be most likely to normally listen and try to heed what he says, have assumed a sort of fatigued state of indifference.  There's some sort of lesson in all of that. 

And part of that lesson has to deal with his intent.  If you read all of his works that touch upon the economy, and there's a bunch, what you are left with is a pretty clear impression that Pope Francis is arguing for a overhauling of the entire global economy in a way that reflects his writings.  This would emphasize a certain sort of international Solidarity (in Catholic social teaching terms) acknowledging everyone as our brothers and sisters, with a certain sort of regionalism reflecting, vaguely, Subsidiarity, while also stress the need to aid the poor and not fall into the vices of consumerism.  Here too, however, the problem is that those themes have been intertwined with numerous other ones and never clarified, so they're lost, irrespective of whether we agree with them or not.

Popes, contrary to what some Rad Trads tend to believe, have never decreed anyone system of anything, including economics, to be "the" Catholic ideal.  And they're not going to.  So Pope Francis isn't straying off the well paved road in that respect.  But Pope's have been a lot more direct and succinct.  As Pope Francis hasn't been, it'd take a clear, limited and precise encyclical or writing to do that.  If that's coming, it's coming late in the day and after so much has already been written that getting everyone to turn the volume back up to listen will be difficult.

Lex Anteinternet: More on Societal Scurvy

Lex Anteinternet: More on Societal Scurvy

More on Societal Scurvy

We linked this in earlier this week, but perhaps we should have saved it for today:

Lex Anteinternet: SOCIETAL SCURVY:   SOCIETAL SCURVY

A series of related items appeared in the news today, and we'd pondered linking this in here.

The them of this entry from Catholic Stuff You Should Know has to deal with the impact of Sunday services in unknown and unseen ways.  It's excellently done, and deals with community, or lack of it, in this Pandemic Era.

We run a series here every Sunday, as the few folks who routinely stop in know, called Sunday Morning Scenes. These are, of course, just pictures from our companion blogs in which we've photographed churches, for the most part, although occasionally they include commentary.

There's no doubt that the pandemic has been hard on community, and that very much includes churches.  In my own region the Bishop of Cheyenne has suspended the obligation to attend Mass that Catholics normally have.  That is, church attendance isn't optional for Catholics, normally.  Right now it is here.

For a time the churches opened back up and when they did, I resumed going to Mass.  I missed it in more ways than one and felt an obligation to do so.  Indeed, I also was critical of the Bishops in the US stopping public Masses in general and felt they should not have.

Now, however, that we are in the thick of the pandemic I've not gone the last few weeks.  I may be in a category that's distinctly different from some others around here, but having watched Coronavirus rip through the legal community, killing at least one local lawyer and disabling, at least temporarily, some others, I'm taking this seriously.  Indeed, I'm in the "avoidance" category of people who isn't going to stores, and isn't going to restaurants, and the like right now.  I'm stilling going into my office as I have to, but for the next few weeks I'm riding this out by minimalizing my contact with people as much as I can.

There's no doubt, however, that this has crossed  over to a point that's having a negative personal impact on the psyche of a lot of people.  In today's news there are reports that alcohol and marihuana abuse are at an all time high.  Pornography use is as well. Both of these are addressed in the Societal Scurvy episode mentioned above.  In Japan suicide deaths for last month exceeded the the number of COVID deaths in that country and are back up at rates last scene in 2015, which of course is not all that long ago.

At some point, something has to be done, but what?  Will we break through this and be back out in January?  

On being cautious, while I rarely mention it I had a childhood asthma condition and after having talked to several people who have had it, and survived it, I'm pretty sure that the common views in some quarters that its not as bad as people claim don't hold up, at least for some people.  So, yes, I'm now worried.  Not panicked, but worried.

And I'm worried about society too.  People holed up and not getting out at all, some people naively fleeting to rural areas in the belief that it can't get to them there.  Things are not good right now.

I wonder if people dealt with this better in 1917-18?  I'm not convinced we are dealing with this well right now.  Indeed, in a lot of ways, I think we're less well situated to deal with it now, than we were then.

Wednesday, November 18, 2020

November 18, 1966. The Latin Rite of the Catholic Church relaxes the Abstention Rule.

Smelt being eaten by members of Congress and their guests.

On this day the Latin Rite Catholic Bishops of the United States relaxed the rule on abstaining from meat on Fridays throughout the year.  This followed a Papal direction in 1962 that the Friday penitential requirement be adopted to local conditions, reflecting  a move by the Church focused on that goal. The same move resulted in the vernacular replacing Latin in the Mass at about the same time.

In the case of the Catholic Bishops of the United States the removal has created some confusion.  Fridays retain their penitential character and Catholics are urged to substitute something for abstaining from meat but few do.  Indeed, there's debate on whether there's any requirement to do and the fine, orthodox, Catholic apologist maintains there is not.  Some others maintain there very much is, with those holding that view tending towards the Catholic Trad community.

To the surprise of American "Roman" Catholics, the rule was not done away with globally and it remains a matter of Church law in many other localities in the world.  It also remains one, of course, during Lent.

There are a lot of rumors in the Protestant world about this practice, a lot of which are frankly absurd.  Old anti Catholic myths regarding fish on Fridays were one of the things that I still heard in school when I was a teen, usually centered around some completely bogus economic theory.  The actual basic reason for the practice is that it was a remaining Latin Rite penitential practice of which there had once been many, but which had dwindled down to just a few in the Latin Rite over time.  In the Eastern Rite and the Orthodox Churches, however, they remain numerous and occur throughout the year.

Indeed, the practice in the Eastern Rite and Orthodox Churches is instructive in that their fasts often extend beyond abstaining from meat and to other things.  During Great Lent, for example, they ultimately extend to oils, dairy and alcohol.  

The reason for abstention from meat (there was never any requirement that people actually eat fish) reflected the logistical economy of an earlier time.  Today fish is readily available on the table no matter where you are, but in earlier times this wasn't so.  Abstention from meat limited diets and protein sources other than fish were regarded, and frankly usually still are, as more celebratory.  People like fish, of course, but not too many people are going to sit down to a big Thanksgiving dinner of flounder.  The goal wasn't to starve people, but to focus on penance while still sustaining their needs.  Limiting food to the plain, and fish for most people, if available, was plain, emphasized that.

As with a lot of things, over time in Protestant countries this practice tended to mark Catholics and also became subject to silly myths.  Even now, over fifty years after the practice was relaxed in the United States, you'll occasionally find somebody who will insult Catholics with a derogatory nickname from the era related to fish.  Likewise, like a lot of dietary practices that have long ceased, people born far too late to really experience "fish on Fridays" will claim they did.

Ironically, of course, fish has gone from a less favored food even fifty years ago to a dietary and culturally prized one.  It's one of the odd ways in which the religious practices of Catholics, to include fasting, has come back around as a secular health practice.  And as Catholic orthodoxy has returned as the Baby Boomers wane, fish on Fridays has been reintroduced voluntarily among some orthodox or simply observant Catholics, even where they are not required to do it.

Saturday, October 10, 2020

Lex Anteinternet: October 10, 1920. The passing of Hudson Stuck

Lex Anteinternet: October 10, 1920. An Historic World Series Game, ...

Also on this day, early Alaskan figure Hudson Stuck passed away from pneumonia at Fort Yukon.  He was 57 years old.


Stuck was the co-leader of the first expedition to climb Denali.

Stuck was an Englishman born in London who immigrated to the United States in 1885 after graduating from London's King's College.  In the US he worked as a cowboy and a teacher in Texas before enrolling in the Episcopal University of the South.  Following graduation he was ordained as an Episcopal Priest and served at first in Texas, where he was active in trying to provide relief to the poor and in opposing child labor.  He also preached against lynching at a time when it was at a Southern high.

In 1904 he went to Alaska where he was an Episcopal Archdeacon, a position in that church equivalent to a senior ordained clergyman.  Stuck exemplified muscular Christianity and was well suited for Alaska.  He was an Episcopal missionary priest there.  In 1913 he co-led, with Harry Karstens, the first ascent of Denali. He authored an excellent book on the topic, which I have read.  Two of his four books on his time in Alaska remain in print.

While the Episcopal Church has no means or process for canonizations, Stuck has a day on the Episcopal Church's calendar and is celebrated as a saint.

Monday, October 5, 2020

Comments on Fratelli tutti.

I don't know how many encyclicals on average any one Pope typically issues, and frankly it probably wouldn't be a fair question to start with, given the 2,000 year existence of the office.  It seems like Pope Francis has issued a lot of them, but maybe he hasn't.  At any rate, he just issued a new one, that being Fratelli tutti.

Or is it a new one really?

Well, of course it is. But in some ways, to the extent I've scanned it, it's a summation of his prior views.

Conservative Catholics, by which to at least some extent we mean simply orthodox Catholics, have britled to varying degrees on Pope Francis' writings and indeed on his Papacy.  They have, by and large, gone from cautious, or even not so cautious, optimism to horror or even disdain for a variety of reasons, although not all to the same degree.  Even middle of the road American orthodox Catholics tend to have at least some reservations towards the current Pope, while trying always to keep in mind a Catholic's duty to honor the office and occupant of Peter's chair.  Others, of more radical bent, don't seem to try that.

The first writing that started to get conservatives in at least the United States rolling was the Pope's Laudato si'.  Like a lot of Pope Francis' other writings it was unfortunately muti topic and long.  Doing this tend to cause the documents to take on a certain manifesto quality and it also tends to lead to some confusion.  Laudato si' not only addressed economics, but it also took on the environment and other topics.  In contrast, Pope Leo XVIII's Rerum Novarum, which was short, took on one topic. . . economics.  

I note Rerum Novarum as that May 15, 1891 encyclical took on capitalism and socialism.  People seem to forget that the Papacy has been on record about its concerns on capitalism back that far.  FWIW, Pope Pius VIII issued a writing expressing his concerns all the way back in the early 1840s, prior to Karl Marx writing The Communist Manifesto.

Anyhow, when I read Laudato si' I didn't take it to be terribly radical in that regard, but some people I new surely did and that was when murmurs of "the Pope is a Socialist" began to be heard.

Real concern amped up enormously, and very understandable, with Amoris laetitia, which raised all sorts of questions about at the sacraments and the people in irregular unions. The imprecision of the discussion opened all sort of doors in that area that have been left partially opened and partially shut.  Orthodox Catholics were, in my view, justified in their disconcertion over the document and orthodox Bishops who issued dubias regarding it were acting properly.  The storm started by Amoris laetitia has never abated and it seems clear that Pope Francis doesn't intend to try to quiet it down.  It's issuance began a frightening open rift in the Church between conservatives and liberals that has not only not closed, it continues to open.

Following this the Pope, in 2018, caused a change in the Catechism which brought the death penalty off of the list of things the Church could sanction in terms of criminal penalties.  A singular Catechism is actually something the Church has not had for a long time, actually, and dates back only to St. Pope John Paul the Great.  Prior to that, to discern Catholic doctrine, you have to mine the various Magisterial documents to figure out what the Church's precise position, if it had one, was.

Pope Francis' position on the death penalty didn't strike me as revolutionary as St. Pope John Paul II had almost gone that far himself.  The basic position he held is that he didn't see a situation in which the death penalty could be justified in modern times, not that it wasn't justified at any point in human history.  That doesn't seem really radical but it cemented conservative opposition to the Pople in some quarters with some maintaining that the change is not Magisterial.  I don't have an opinion on this but I was opposed to the death penalty in the first place, so its' not big deal to me.

After that came the Amazonian synod and an encyclical that followed it, much like Amoris laetitia being associated with the Synod on the Family.  Going into that synod there were real fears that Pope Francis was going to open the door to some things, just as there was real fear that he was going to do so with the Family Synod.  In neither case did that prove to be the case.  The fear in the latter examples was that he was going to open the door to married priests, although I frankly think, even though I'm an orthodox Catholic, that this is merited.  We didn't always have unmarried Latin Rite priest and priests in the Eastern Rites are married right now.  Anyhow, that didn't happen.

Goings on at that synod, however, were sufficient to shock even some Catholics who almost never make negative comments about a Pope.  The following document that was issued mostly was met with s shrug by most and has gone on to not really receive much attention.  It seemed to call for close attention to local cultures, but in a very long format.  Most people would support that, but the very long format was problematic for the message.

Now comes Fratelli tutti.

My prediction is that this will not be well received.

For one thing, it's way too overlong and it addresses way too many questions.  There will be debate on the extent to which any of these are regarded as having moral imperative nature to Catholics, which means that many will be regarded as probably not having them.  And, as an encyclical that touches upon a bunch of the prior ones, at least to some extent a person has to ask why this was issued.  Indeed, without taking the point to far, it has a bit of an appearance of being a summary theological testament, which tends to be something that people might issue when they don't expect to issue any more.

Which causes me to pose this hypothetical.  Is Pope Francis preparing to step down?

I seriously wonder.

If not, does he expected to pass on soon?

To take this further, I really think this is a final theological testament from this Pope.  He might issue more writings, but this will be the last significant one.

It'll also be controversial, and as one covering too many topics, I suspect in the future, to at least some extent, it'll be regarded as personal to this People, rather than as a ground breakign document.

In some ways its a long lament and condemnation of the way societies are acting in general.  A lot of hte document deals with human relations and local cultures.  I'm not going to try to go into any of that here, and it seems to me that it explores a topic Pope Francis has already explored.  As has been noted by commentators, it decries globalization and capitalism to a degree, noting in regard to the former:

With the Grand Imam Ahmad Al-Tayyeb, we do not ignore the positive advances made in the areas of science, technology, medicine, industry and welfare, above all in developed countries. Nonetheless, “we wish to emphasize that, together with these historical advances, great and valued as they are, there exists a moral deterioration that influences international action and a weakening of spiritual values and responsibility. This contributes to a general feeling of frustration, isolation and desperation”. We see “outbreaks of tension and a buildup of arms and ammunition in a global context dominated by uncertainty, disillusionment, fear of the future, and controlled by narrow economic interests”. We can also point to “major political crises, situations of injustice and the lack of an equitable distribution of natural resources… In the face of such crises that result in the deaths of millions of children – emaciated from poverty and hunger – there is an unacceptable silence on the international level”.  This panorama, for all its undeniable advances, does not appear to lead to a more humane future.

In today’s world, the sense of belonging to a single human family is fading, and the dream of working together for justice and peace seems an outdated utopia. What reigns instead is a cool, comfortable and globalized indifference, born of deep disillusionment concealed behind a deceptive illusion: thinking that we are all-powerful, while failing to realize that we are all in the same boat. This illusion, unmindful of the great fraternal values, leads to “a sort of cynicism. For that is the temptation we face if we go down the road of disenchantment and disappointment… Isolation and withdrawal into one’s own interests are never the way to restore hope and bring about renewal. Rather, it is closeness; it is the culture of encounter. Isolation, no; closeness, yes. Culture clash, no; culture of encounter, yes”.

In this world that races ahead, yet lacks a shared roadmap, we increasingly sense that “the gap between concern for one’s personal well-being and the prosperity of the larger human family seems to be stretching to the point of complete division between individuals and human community… It is one thing to feel forced to live together, but something entirely different to value the richness and beauty of those seeds of common life that need to be sought out and cultivated”. Technology is constantly advancing, yet “how wonderful it would be if the growth of scientific and technological innovation could come with more equality and social inclusion. How wonderful would it be, even as we discover faraway planets, to rediscover the needs of the brothers and sisters who orbit around us

As an aside, quoting a Grand Imam will not win Pope Francis any fans among those who have noted that Islam continues on it its 1600 year war against Catholics and Orthodox in the Middle East.  More on something related to that in a moment.

On capitalism, it does address the failures of capitalism, which isn't something new for the Popes.  It doesn't really do that in a radical way, however.  It does discuss property in a semi radical way, and its my prediction that, while nothing he says is shocking in this regard, that it will bring a firestorm of criticism from American conservative Catholics. What the documents states in this regard is:

RE-ENVISAGING THE SOCIAL ROLE OF PROPERTY

118. The world exists for everyone, because all of us were born with the same dignity. Differences of colour, religion, talent, place of birth or residence, and so many others, cannot be used to justify the privileges of some over the rights of all. As a community, we have an obligation to ensure that every person lives with dignity and has sufficient opportunities for his or her integral development.

119. In the first Christian centuries, a number of thinkers developed a universal vision in their reflections on the common destination of created goods. This led them to realize that if one person lacks what is necessary to live with dignity, it is because another person is detaining it. Saint John Chrysostom summarizes it in this way: “Not to share our wealth with the poor is to rob them and take away their livelihood. The riches we possess are not our own, but theirs as well”. In the words of Saint Gregory the Great, “When we provide the needy with their basic needs, we are giving them what belongs to them, not to us”.

120. Once more, I would like to echo a statement of Saint John Paul II whose forcefulness has perhaps been insufficiently recognized: “God gave the earth to the whole human race for the sustenance of all its members, without excluding or favouring anyone”. For my part, I would observe that “the Christian tradition has never recognized the right to private property as absolute or inviolable, and has stressed the social purpose of all forms of private property”. The principle of the common use of created goods is the “first principle of the whole ethical and social order”;it is a natural and inherent right that takes priority over others. All other rights having to do with the goods necessary for the integral fulfilment of persons, including that of private property or any other type of property, should – in the words of Saint Paul VI – “in no way hinder [this right], but should actively facilitate its implementation”. The right to private property can only be considered a secondary natural right, derived from the principle of the universal destination of created goods. This has concrete consequences that ought to be reflected in the workings of society. Yet it often happens that secondary rights displace primary and overriding rights, in practice making them irrelevant.

Rights without borders

121. No one, then, can remain excluded because of his or her place of birth, much less because of privileges enjoyed by others who were born in lands of greater opportunity. The limits and borders of individual states cannot stand in the way of this. As it is unacceptable that some have fewer rights by virtue of being women, it is likewise unacceptable that the mere place of one’s birth or residence should result in his or her possessing fewer opportunities for a developed and dignified life.

122. Development must not aim at the amassing of wealth by a few, but must ensure “human rights – personal and social, economic and political, including the rights of nations and of peoples”. The right of some to free enterprise or market freedom cannot supersede the rights of peoples and the dignity of the poor, or, for that matter, respect for the natural environment, for “if we make something our own, it is only to administer it for the good of all”.

123. Business activity is essentially “a noble vocation, directed to producing wealth and improving our world”. God encourages us to develop the talents he gave us, and he has made our universe one of immense potential. In God’s plan, each individual is called to promote his or her own development, and this includes finding the best economic and technological means of multiplying goods and increasing wealth. Business abilities, which are a gift from God, should always be clearly directed to the development of others and to eliminating poverty, especially through the creation of diversified work opportunities. The right to private property is always accompanied by the primary and prior principle of the subordination of all private property to the universal destination of the earth’s goods, and thus the right of all to their use.

Anything really shocking?

Well, no.  But the statement "that “the Christian tradition has never recognized the right to private property as absolute or inviolable, and has stressed the social purpose of all forms of private property”." has come to be contrary to the right wing American civil religion, and that's going to result in all sorts of criticism.

Going on, in the same section, the document states:

The rights of peoples

124. Nowadays, a firm belief in the common destination of the earth’s goods requires that this principle also be applied to nations, their territories and their resources. Seen from the standpoint not only of the legitimacy of private property and the rights of its citizens, but also of the first principle of the common destination of goods, we can then say that each country also belongs to the foreigner, inasmuch as a territory’s goods must not be denied to a needy person coming from elsewhere. As the Bishops of the United States have taught, there are fundamental rights that “precede any society because they flow from the dignity granted to each person as created by God”.

125. This presupposes a different way of understanding relations and exchanges between countries. If every human being possesses an inalienable dignity, if all people are my brothers and sisters, and if the world truly belongs to everyone, then it matters little whether my neighbour was born in my country or elsewhere. My own country also shares responsibility for his or her development, although it can fulfil that responsibility in a variety of ways. It can offer a generous welcome to those in urgent need, or work to improve living conditions in their native lands by refusing to exploit those countries or to drain them of natural resources, backing corrupt systems that hinder the dignified development of their peoples. What applies to nations is true also for different regions within each country, since there too great inequalities often exist. At times, the inability to recognize equal human dignity leads the more developed regions in some countries to think that they can jettison the “dead weight” of poorer regions and so increase their level of consumption.

126. We are really speaking about a new network of international relations, since there is no way to resolve the serious problems of our world if we continue to think only in terms of mutual assistance between individuals or small groups. Nor should we forget that “inequity affects not only individuals but entire countries; it compels us to consider an ethics of international relations”. Indeed, justice requires recognizing and respecting not only the rights of individuals, but also social rights and the rights of peoples. This means finding a way to ensure “the fundamental right of peoples to subsistence and progress”, a right which is at times severely restricted by the pressure created by foreign debt. In many instances, debt repayment not only fails to promote development but gravely limits and conditions it. While respecting the principle that all legitimately acquired debt must be repaid, the way in which many poor countries fulfil this obligation should not end up compromising their very existence and growth.

127. Certainly, all this calls for an alternative way of thinking. Without an attempt to enter into that way of thinking, what I am saying here will sound wildly unrealistic. On the other hand, if we accept the great principle that there are rights born of our inalienable human dignity, we can rise to the challenge of envisaging a new humanity. We can aspire to a world that provides land, housing and work for all. This is the true path of peace, not the senseless and myopic strategy of sowing fear and mistrust in the face of outside threats. For a real and lasting peace will only be possible “on the basis of a global ethic of solidarity and cooperation in the service of a future shaped by interdependence and shared responsibility in the whole human family”.

The Pope's comment that "what I am saying here will sound wildly unrealistic" shows that he is cognizant of the criticism he frequently takes.  Really, the comments in this section aren't "wildly unrealistic", but in some quarters they surely will not be well received.

He makes an interesting comment about modern communications, something many have widely observed to be an odd modern problem.

THE ILLUSION OF COMMUNICATION

42. Oddly enough, while closed and intolerant attitudes towards others are on the rise, distances are otherwise shrinking or disappearing to the point that the right to privacy scarcely exists. Everything has become a kind of spectacle to be examined and inspected, and people’s lives are now under constant surveillance. Digital communication wants to bring everything out into the open; people’s lives are combed over, laid bare and bandied about, often anonymously. Respect for others disintegrates, and even as we dismiss, ignore or keep others distant, we can shamelessly peer into every detail of their lives.

42. Digital campaigns of hatred and destruction, for their part, are not – as some would have us believe – a positive form of mutual support, but simply an association of individuals united against a perceived common enemy. “Digital media can also expose people to the risk of addiction, isolation and a gradual loss of contact with concrete reality, blocking the development of authentic interpersonal relationships”.  They lack the physical gestures, facial expressions, moments of silence, body language and even the smells, the trembling of hands, the blushes and perspiration that speak to us and are a part of human communication. Digital relationships, which do not demand the slow and gradual cultivation of friendships, stable interaction or the building of a consensus that matures over time, have the appearance of sociability. Yet they do not really build community; instead, they tend to disguise and expand the very individualism that finds expression in xenophobia and in contempt for the vulnerable. Digital connectivity is not enough to build bridges. It is not capable of uniting humanity.

Shameless aggression

44. Even as individuals maintain their comfortable consumerist isolation, they can choose a form of constant and febrile bonding that encourages remarkable hostility, insults, abuse, defamation and verbal violence destructive of others, and this with a lack of restraint that could not exist in physical contact without tearing us all apart. Social aggression has found unparalleled room for expansion through computers and mobile devices.

45. This has now given free rein to ideologies. Things that until a few years ago could not be said by anyone without risking the loss of universal respect can now be said with impunity, and in the crudest of terms, even by some political figures. Nor should we forget that “there are huge economic interests operating in the digital world, capable of exercising forms of control as subtle as they are invasive, creating mechanisms for the manipulation of consciences and of the democratic process. The way many platforms work often ends up favouring encounter between persons who think alike, shielding them from debate. These closed circuits facilitate the spread of fake news and false information, fomenting prejudice and hate”.

46. We should also recognize that destructive forms of fanaticism are at times found among religious believers, including Christians; they too “can be caught up in networks of verbal violence through the internet and the various forums of digital communication. Even in Catholic media, limits can be overstepped, defamation and slander can become commonplace, and all ethical standards and respect for the good name of others can be abandoned”. How can this contribute to the fraternity that our common Father asks of us?

Information without wisdom

47. True wisdom demands an encounter with reality. Today, however, everything can be created, disguised and altered. A direct encounter even with the fringes of reality can thus prove intolerable. A mechanism of selection then comes into play, whereby I can immediately separate likes from dislikes, what I consider attractive from what I deem distasteful. In the same way, we can choose the people with whom we wish to share our world. Persons or situations we find unpleasant or disagreeable are simply deleted in today’s virtual networks; a virtual circle is then created, isolating us from the real world in which we are living.

48. The ability to sit down and listen to others, typical of interpersonal encounters, is paradigmatic of the welcoming attitude shown by those who transcend narcissism and accept others, caring for them and welcoming them into their lives. Yet “today’s world is largely a deaf world… At times, the frantic pace of the modern world prevents us from listening attentively to what another person is saying. Halfway through, we interrupt him and want to contradict what he has not even finished saying. We must not lose our ability to listen”. Saint Francis “heard the voice of God, he heard the voice of the poor, he heard the voice of the infirm and he heard the voice of nature. He made of them a way of life. My desire is that the seed that Saint Francis planted may grow in the hearts of many”.

49. As silence and careful listening disappear, replaced by a frenzy of texting, this basic structure of sage human communication is at risk. A new lifestyle is emerging, where we create only what we want and exclude all that we cannot control or know instantly and superficially. This process, by its intrinsic logic, blocks the kind of serene reflection that could lead us to a shared wisdom.

50. Together, we can seek the truth in dialogue, in relaxed conversation or in passionate debate. To do so calls for perseverance; it entails moments of silence and suffering, yet it can patiently embrace the broader experience of individuals and peoples. The flood of information at our fingertips does not make for greater wisdom. Wisdom is not born of quick searches on the internet nor is it a mass of unverified data. That is not the way to mature in the encounter with truth. Conversations revolve only around the latest data; they become merely horizontal and cumulative. We fail to keep our attention focused, to penetrate to the heart of matters, and to recognize what is essential to give meaning to our lives. Freedom thus becomes an illusion that we are peddled, easily confused with the ability to navigate the internet. The process of building fraternity, be it local or universal, can only be undertaken by spirits that are free and open to authentic encounters.

Going on, a section already being misinterpreted is his section on war and the death penalty, which he oddly links.  That section starts off:

WAR AND THE DEATH PENALTY

255. There are two extreme situations that may come to be seen as solutions in especially dramatic circumstances, without realizing that they are false answers that do not resolve the problems they are meant to solve and ultimately do no more than introduce new elements of destruction in the fabric of national and global society. These are war and the death penalty.

Most people aren't keen on war.  The Pope comments on it, as numerous Popes have before.  This is already, in my view, being misinterpreted.  In that section he states:

The injustice of war

256. “Deceit is in the mind of those who plan evil, but those who counsel peace have joy” (Prov 12:20). Yet there are those who seek solutions in war, frequently fueled by a breakdown in relations, hegemonic ambitions, abuses of power, fear of others and a tendency to see diversity as an obstacle. War is not a ghost from the past but a constant threat. Our world is encountering growing difficulties on the slow path to peace upon which it had embarked and which had already begun to bear good fruit.

257. Since conditions that favour the outbreak of wars are once again increasing, I can only reiterate that “war is the negation of all rights and a dramatic assault on the environment. If we want true integral human development for all, we must work tirelessly to avoid war between nations and peoples. To this end, there is a need to ensure the uncontested rule of law and tireless recourse to negotiation, mediation and arbitration, as proposed by the Charter of the United Nations, which constitutes truly a fundamental juridical norm”.The seventy-five years since the establishment of the United Nations and the experience of the first twenty years of this millennium have shown that the full application of international norms proves truly effective, and that failure to comply with them is detrimental. The Charter of the United Nations, when observed and applied with transparency and sincerity, is an obligatory reference point of justice and a channel of peace. Here there can be no room for disguising false intentions or placing the partisan interests of one country or group above the global common good. If rules are considered simply as means to be used whenever it proves advantageous, and to be ignored when it is not, uncontrollable forces are unleashed that cause grave harm to societies, to the poor and vulnerable, to fraternal relations, to the environment and to cultural treasures, with irretrievable losses for the global community.

258. War can easily be chosen by invoking all sorts of allegedly humanitarian, defensive or precautionary excuses, and even resorting to the manipulation of information. In recent decades, every single war has been ostensibly “justified”. The Catechism of the Catholic Church speaks of the possibility of legitimate defence by means of military force, which involves demonstrating that certain “rigorous conditions of moral legitimacy” have been met. Yet it is easy to fall into an overly broad interpretation of this potential right. In this way, some would also wrongly justify even “preventive” attacks or acts of war that can hardly avoid entailing “evils and disorders graver than the evil to be eliminated”. At issue is whether the development of nuclear, chemical and biological weapons, and the enormous and growing possibilities offered by new technologies, have granted war an uncontrollable destructive power over great numbers of innocent civilians. The truth is that “never has humanity had such power over itself, yet nothing ensures that it will be used wisely”.We can no longer think of war as a solution, because its risks will probably always be greater than its supposed benefits. In view of this, it is very difficult nowadays to invoke the rational criteria elaborated in earlier centuries to speak of the possibility of a “just war”. Never again war!

259. It should be added that, with increased globalization, what might appear as an immediate or practical solution for one part of the world initiates a chain of violent and often latent effects that end up harming the entire planet and opening the way to new and worse wars in the future. In today’s world, there are no longer just isolated outbreaks of war in one country or another; instead, we are experiencing a “world war fought piecemeal”, since the destinies of countries are so closely interconnected on the global scene.

260. In the words of Saint John XXIII, “it no longer makes sense to maintain that war is a fit instrument with which to repair the violation of justice”.  In making this point amid great international tension, he voiced the growing desire for peace emerging in the Cold War period. He supported the conviction that the arguments for peace are stronger than any calculation of particular interests and confidence in the use of weaponry. The opportunities offered by the end of the Cold War were not, however, adequately seized due to a lack of a vision for the future and a shared consciousness of our common destiny. Instead, it proved easier to pursue partisan interests without upholding the universal common good. The dread spectre of war thus began to gain new ground.

261. Every war leaves our world worse than it was before. War is a failure of politics and of humanity, a shameful capitulation, a stinging defeat before the forces of evil. Let us not remain mired in theoretical discussions, but touch the wounded flesh of the victims. Let us look once more at all those civilians whose killing was considered “collateral damage”. Let us ask the victims themselves. Let us think of the refugees and displaced, those who suffered the effects of atomic radiation or chemical attacks, the mothers who lost their children, and the boys and girls maimed or deprived of their childhood. Let us hear the true stories of these victims of violence, look at reality through their eyes, and listen with an open heart to the stories they tell. In this way, we will be able to grasp the abyss of evil at the heart of war. Nor will it trouble us to be deemed naive for choosing peace.

262. Rules by themselves will not suffice if we continue to think that the solution to current problems is deterrence through fear or the threat of nuclear, chemical or biological weapons. Indeed, “if we take into consideration the principal threats to peace and security with their many dimensions in this multipolar world of the twenty-first century as, for example, terrorism, asymmetrical conflicts, cybersecurity, environmental problems, poverty, not a few doubts arise regarding the inadequacy of nuclear deterrence as an effective response to such challenges. These concerns are even greater when we consider the catastrophic humanitarian and environmental consequences that would follow from any use of nuclear weapons, with devastating, indiscriminate and uncontainable effects, over time and space… We need also to ask ourselves how sustainable is a stability based on fear, when it actually increases fear and undermines relationships of trust between peoples. International peace and stability cannot be based on a false sense of security, on the threat of mutual destruction or total annihilation, or on simply maintaining a balance of power… In this context, the ultimate goal of the total elimination of nuclear weapons becomes both a challenge and a moral and humanitarian imperative… Growing interdependence and globalization mean that any response to the threat of nuclear weapons should be collective and concerted, based on mutual trust. This trust can be built only through dialogue that is truly directed to the common good and not to the protection of veiled or particular interests”. With the money spent on weapons and other military expenditures, let us establish a global fund that can finally put an end to hunger and favour development in the most impoverished countries, so that their citizens will not resort to violent or illusory solutions, or have to leave their countries in order to seek a more dignified life.

I've seen commentary already that the Pope has abrogated the "Catholic doctrine of just war".  That doesn't appear to be the case to me, and it wasn't a "Catholic doctrine" to start with.  Rather, it's a very well respected Theological view. 

Going on, this statement is being noted:

In view of this, it is very difficult nowadays to invoke the rational criteria elaborated in earlier centuries to speak of the possibility of a “just war”. Never again war!

Statements like "Never again war" must read better in other languages than in English, or at least in the Romance languages, as in English this is ineffectual and seems oddly stated.  That aside, we'll have to wait for clarification on this, but frankly the rational criteria for just war is just as possible to imagine as it ever was when we're considering defensive war.

Indeed, in my view, this statement suffers from the modern assumption that war now is more horrific than ever before, when in fact war is getting less lethal, at least when conducted between modern nations.  Moreover, we live in the most peaceful era in human history.  If just wars of some sort were justified mid 20th Century, when war was at its destructive apex, they certainly must be now, when they are at their destructive basement, and going lower.  And the reference, as is so often made, to chemical, biological and nuclear war imagines a world that really pinacled in the 1960s.  Modern armies may have these weapons, but they don't use them as there's no point.  We oddly live in an era when technology has rendered our most destructive weapons obsolete by their precision, and accordingly their reduced lethality.

Offensive war is something that the Popes have decried for a long time.  I can't say that its been completely ruled out due to nuances in what constitutes an offensive war, but it seems clear that by and large this isn't really much of a change.  The Pope isn't endorsing, it seems to me, pacifism, but rather resort to war to settle international disputes.  If I'm correct, this isn't a change.  In other words, if Poland is invaded by Russia, Poland, a Catholic country, is still entitled to resist, it seems to me.

I really question, however, whether Pope Francis should have gone into this at all.  While wars are increasingly rare, in recent years where they have existed they've often pitted Islam in aggressive violence against Christians in general and the Catholic and Orthodox in particular.  It's easy to be against war of any kind for Europeans or those living in the New World.  It might not be if you are facing the Islamic State on the Lavant.

I also don't' think the new writing changes Catholic doctrine on the death penalty, as some seem to be stating, where it states: 

The death penalty

263. There is yet another way to eliminate others, one aimed not at countries but at individuals. It is the death penalty. Saint John Paul II stated clearly and firmly that the death penalty is inadequate from a moral standpoint and no longer necessary from that of penal justice. There can be no stepping back from this position. Today we state clearly that “the death penalty is inadmissible” and the Church is firmly committed to calling for its abolition worldwide.

264. In the New Testament, while individuals are asked not to take justice into their own hands (cf. Rom 12:17.19), there is also a recognition of the need for authorities to impose penalties on evildoers (cf. Rom 13:4; 1 Pet 2:14). Indeed, “civic life, structured around an organized community, needs rules of coexistence, the wilful violation of which demands appropriate redress”.[249] This means that legitimate public authority can and must “inflict punishments according to the seriousness of the crimes” and that judicial power be guaranteed a “necessary independence in the realm of law”. 

265. From the earliest centuries of the Church, some were clearly opposed to capital punishment. Lactantius, for example, held that “there ought to be no exception at all; that it is always unlawful to put a man to death”. Pope Nicholas I urged that efforts be made “to free from the punishment of death not only each of the innocent, but all the guilty as well”.During the trial of the murderers of two priests, Saint Augustine asked the judge not to take the life of the assassins with this argument: “We do not object to your depriving these wicked men of the freedom to commit further crimes. Our desire is rather that justice be satisfied without the taking of their lives or the maiming of their bodies in any part. And, at the same time, that by the coercive measures provided by the law, they be turned from their irrational fury to the calmness of men of sound mind, and from their evil deeds to some useful employment. This too is considered a condemnation, but who does not see that, when savage violence is restrained and remedies meant to produce repentance are provided, it should be considered a benefit rather than a mere punitive measure… Do not let the atrocity of their sins feed a desire for vengeance, but desire instead to heal the wounds which those deeds have inflicted on their souls”.

266. Fear and resentment can easily lead to viewing punishment in a vindictive and even cruel way, rather than as part of a process of healing and reintegration into society. Nowadays, “in some political sectors and certain media, public and private violence and revenge are incited, not only against those responsible for committing crimes, but also against those suspected, whether proven or not, of breaking the law… There is at times a tendency to deliberately fabricate enemies: stereotyped figures who represent all the characteristics that society perceives or interprets as threatening. The mechanisms that form these images are the same that allowed the spread of racist ideas in their time”.[This has made all the more dangerous the growing practice in some countries of resorting to preventive custody, imprisonment without trial and especially the death penalty.

267. Here I would stress that “it is impossible to imagine that states today have no other means than capital punishment to protect the lives of other people from the unjust aggressor”. Particularly serious in this regard are so-called extrajudicial or extralegal executions, which are “homicides deliberately committed by certain states and by their agents, often passed off as clashes with criminals or presented as the unintended consequences of the reasonable, necessary and proportionate use of force in applying the law”.

268. “The arguments against the death penalty are numerous and well-known. The Church has rightly called attention to several of these, such as the possibility of judicial error and the use made of such punishment by totalitarian and dictatorial regimes as a means of suppressing political dissidence or persecuting religious and cultural minorities, all victims whom the legislation of those regimes consider ‘delinquents’. All Christians and people of good will are today called to work not only for the abolition of the death penalty, legal or illegal, in all its forms, but also to work for the improvement of prison conditions, out of respect for the human dignity of persons deprived of their freedom. I would link this to life imprisonment… A life sentence is a secret death penalty”.

269. Let us keep in mind that “not even a murderer loses his personal dignity, and God himself pledges to guarantee this”. The firm rejection of the death penalty shows to what extent it is possible to recognize the inalienable dignity of every human being and to accept that he or she has a place in this universe. If I do not deny that dignity to the worst of criminals, I will not deny it to anyone. I will give everyone the possibility of sharing this planet with me, despite all our differences.

270. I ask Christians who remain hesitant on this point, and those tempted to yield to violence in any form, to keep in mind the words of the book of Isaiah: “They shall beat their swords into plowshares” (2:4). For us, this prophecy took flesh in Christ Jesus who, seeing a disciple tempted to violence, said firmly: “Put your sword back into its place; for all who take the sword will perish by the sword” (Mt 26:52). These words echoed the ancient warning: “I will require a reckoning for human life. Whoever sheds the blood of a man, by man shall his blood be shed” (Gen 9:5-6). Jesus’ reaction, which sprang from his heart, bridges the gap of the centuries and reaches the present as an enduring appeal.

The Church already was taking the point that it was hard to find an area, in modern times, when the death penalty was morally justified.

The encyclical touches on much more than this, indeed on darned near everything, but will it hit the mark?  I doubt it.

By this point I think that conservative Catholics in many places are pretty much ignoring the Pope directly and are more likely to listen to Catholic pundits who share their own views or who ratify their own suspicions. And part of that is due to Pope Francis' failure to address their concerns.  In parishes where the seminary failures of the 50s, 60s and 70s produced unorthodox clergy and, worse yet, priests with disordered inclinations who preyed on some parishioners, that failure looms larger.  With a young Church that's much more orthodox than the Church of their parents, older Boomer clergy that keeps on keeping on is something that draws more attention.  Wars and economics are real problems, to be sure, but so is the legacy of the Boomer influx.  Actions speak the loudest of all and action seems to have been lacking that can be appreciated.  Dealing with the spectre of war, which doesn't touch most Catholics today, is one thing, but dealing with a rebellious German church, which touches all Catholics to some degree, is another matter.

Sunday, September 27, 2020

Lex Anteinternet: Confessional Supreme Court Firsts

Lex Anteinternet: Confessional Supreme Court Firsts:

Confessional Supreme Court Firsts

For most of its history, the majority of the Supreme Court has been made up, predictably, of the founding demographic of the country and reflected that.  Most Supreme Court Justices have been Protestant and the most frequently represented Protestant denomination has been the Episcopal Church.  Today, however, only one member of the court is Episcopalian and one member, Justice Thomas, is a former Episcopalian.  Indeed, oddly, Justice Gorsuch was raised a Catholic and became an Episcopalian and Justice Thomas was raised Catholic, became an Episcopalian and then reverted to his Catholicism.  There is, in fact, some speculation that Gorsuch may in fact regard himself as a Catholic, which some highly traditional Episcopalians do.

No other Protestant denominations are represented on the Court today at all.

The majority of those on the bench today are Catholics or a near majority, depending upon the degree of affiliation with the Church they actually have. Some are known to be quite observant, such as Justice Thomas.  Others, like Justice Sotomayor, appear to be nominal Catholics.

The first Catholic justice was Roger B. Taney, who was appointed in 1837 at a time with anti Catholicism was rampant in the country, making his appointment accordingly quite surprising.  That he was Chief Justice is all the more surprising.  His wife was an Episcopalian and his children raised in that faith, making him, at least to that extent, a non observant Catholic to some degree.

Fifteen member of the court have been Protestants without declared confessions.

Louis Brandeis was the first Supreme Court Justice who was Jewish.  He was appointed to the bench in 1916. Interestingly, however, Judah P. Benjamin would have had that honor in 1853 but declined it.  He want on to be the Secretary of State for the Confederacy, a much less honorable role.  There have been a total of eight Jewish justices to date.

The religious makeup of the Court is a significant matter as the Court tends to be weighted heavily towards intellectuals who are often deeply informed by their faiths.  The significant number of Catholic members and Jewish members in recent years says something about the demographics of the Court and it reflects back on the world view, albeit not perfectly, of those on the bench.  It tends to also show the degree to which the law reflects itself as a profession toward enduringly immigrant populations.  Law is often imagined as a career of the wealthy, but in reality it tends to be a profession of minorities, who always have need of it.

Thursday, September 24, 2020

And let the rampaging Anti-Catholicism begin. . .

From, Klansman, Guardian of Liberty, by Alma Birdwell White.

It was only a matter of time.

Trump’s likely RBG replacement, Amy Coney Barrett, is a Catholic extremist with 7 children who does not believe employers should be required to provide healthcare coverage for birth control. She wants the rest of American women to be stuck with her extreme lifestyle.

Documentarian Arlen Parsa.* **

Anti Catholicism has been termed the last acceptable prejudice in the United States and there's a great deal of merit to that claim.  In certain quarters, anymore, there's a subtle to not so subtle anti Christian prejudice in general that people express more or less openly, however, so to at least some degree that statement isn't fully true.  And its certainly the case that people will openly express disdain to some religions in some regions.  The LDS faith, for example, is often a topic of some disdain on the margins of its territories.  Islam is definitely subject to widespread public disdain in the United States.***

The thing that's really different about anti Catholicism, however, is the degree to which its visceral and blisteringly open.****  Additionally, it's rooted in falsehoods of the Reformation even as its advanced by those who reject all strong tenants of Christianity in general, even if it's in their ancestral background.  Descendants of Puritans and near Puritans, whose ancestors hated Catholic based on lies that were told by the founders of their faiths in order to justify separation from the only body of Christianity that had existed continually since the First Century, still hate Catholics or disdain them in spite of the fact that they've often completely shed the religions that gave rise to their beliefs.

The United States is really a Protestant country in culture, although that culture has weakened massively in urban areas.  The retained belief, however, is that Catholics are a dangerous "other" to be feared, believing in strange dangerous beliefs.  That's about to come out in public in spades.

Observant Apostolic Christians continue to believe in a religion that's Christ centric in the way that Christianity was from its onset.  A significant aspect of that is a belief that God's laws are immutable and his Church hierarchical in aid of that.  All Apostolic Christians, including the Orthodox of every branch and all types of Catholics, if they are observant, hold that.  The essence of the Reformation rejected that, although even the first rebels against the Church in the Reformation actually didn't, or didn't at first.  Even today, five centuries after the Reformation, some Protestant churches worry about Apostolic succession, still viewing it as necessary to their authority.

Because Catholics, as Apostolic Christians, hold that, it has always been used against them in those European cultural regions where the churches of the Reformation were strong.  In English speaking countries, even though the Church of England and the Anglican Communion claim Apostolic succession, it's always been a way to vilify Catholics.  In part this was because of the English Established Church's strong animosity towards Catholicism and in part it was because dissenting Protestant English churches took an even more extreme position than the Church of England did. Those latter churches were also heavily invested in concepts of individuality and, moreover, they were very strong in early American history.  Some have claimed, although the claim suffers on analysis, that the individualism of those churches helped give rise to American democracy.

While that claim is strained at best, it has become the American Civil Religion that there's no inconsistency in holding your religion close to your heart but not acting upon it in public.  American Catholic politicians, always held back by prejudice against their faith at the ballot box (but interestingly not so much at the Supreme Court, where they'd been a presence since the middle of the 19th Century), adopted that view with John F. Kennedy's declaration that:

I am not the Catholic candidate for President [but a candidate] who happens also to be a Catholic. I do not speak for my church on public matters — and the church does not speak for me.

In retrospect, Kennedy was a pretty bad Catholic in general, but his position was embraced by American Catholics in a way that brought about sweeping changes.Catholic politicians, rapidly followed in Kenney's wake and adopted his formula, rejecting prior Presidential nominee Al Smith's position that:

I do not want any Catholic to vote for me . . . because I am a Catholic. . . . But, on the other hand, I have the right to say that any citizen of this country . . . [who] votes against me because of my religion, he is not a real, pure, genuine American.

Smith didn't walk away from his faith the way that Kennedy did, but thousands of Catholic politicians did to be followed by thousands of rank and file Catholics.  In essence, Kennedy advanced the position that a person's religion only really mattered as to what he did on Sundays.  Smith didn't state that.

A similar view was incorporated into the American Civil Religion after a time which at first came to hold that there general Judeo Christian values that we all agreed on, and what a person did beyond that was their own business, with everything else being co-equal.  This position is of course absurd on its faith.  Religious convictions are an individual's deepest convictions and should inform everything they do.

It's that knowledge that, in some ways, forms the basis for the societal hatred of Catholicism and the spreading disdain for Christianity in general.  It isn't that Christians in general or Catholics in particular "want[] the rest of American women to be stuck with [an] extreme lifestyle".  Rather its that they acknowledge that there's something greater than the individual and that Christians have to pick up their cross and carry it.

Moreover, the real fear isn't that a single Catholic judge is going to somehow impose her values on American society.  Liberals of all stripes, including non observant liberal Catholics, know, or at least should know if they stop to think about it, that not a single conservative judge on the Supreme Court proposed to impose any religious belief on society.  What liberals really fear, and won't acknowledge, is that for jurisprudential reasons, not religious ones, those justices will hold that there's a lot of things the United States Constitution doesn't address and therefore its up to the states to address them.

Nearly all of the recent and old hot button issues in front of the Supreme Court fit into this category.  Indeed, as we've stated elsewhere, there really aren't any jurisprudentially conservative justices on the bench or proposed for it.  That really shows in their approach to these issues.  Abortion is one such issue that is cited all the time, although most typically with the term "a woman's right to choose", by which is meant a person's individual right to choose on a matter of life or death for another person.  A jurisprudentially conservative jurist would hold that life was a matter of natural law, and that no person had the right to decide on matters of life or death for a third person except for individual self defense, a natural law paramount.  That would truly make abortion illegal, irrespective of the Constitution. That's not what a conservative justice of the type who will be on the bench, or who already is, will hold.

That sort of conservative, of which Barrett is part, would instead hold that its just not in the text, and therefore its up to the states.  In terms of supposed deep philosophical statements, that's really weak tea.  Its just being politically and textually conservative. That's it.  Likewise, on the issue of same sex marriage, the conservative justices simply dissented that it wasn't in the text.  They didn't opine on the nature of marriage in an existential or metaphysical or even biological sense.

Given that, the real fear on the part of liberals like Parsa and the thousands like him is that his fellow Americans of all stripes might hold the same conservative views.  It isn't that the court is going to make something illegal, it's that the American people will.  That's democracy.  That doesn't fit into a secular world view, however, of radical self definition and a "progressive" world, which most of the world actually rejects, which is even more radical than the anarchist "No Gods, No Master" ideology, as it takes the view of "I'm my own god and own master and nothing else matters".

The knowledge that something else does matter, and we know it, is inside of all of us however.  And that makes most people feel that they have a right to voice an opinion on really important matters rather than have nine elderly men and women of high but limited legal education and liberal values decide those matters for us.^  It isn't really the Catholic hierarchy or dogma that's feared here. The language of the Reformation remains, but it's the spirit of radical individualism in the tone.  What Parsa really meant was he wants American men and women to be stuck with no ability to put their beliefs into practice, both in their own lives and at the ballot.  If Americans, or even American women, the latter of which is the majority of the population, share his views, this presents no threats to those views at all.


One thing we can be assured of, as this matter progresses, is that Senators who previously were openly hostile to Catholicism at the time that Barrett was nominated to assume her current role on the Seventh Circuit Court of Appeals will struggle not to come across so openly that way again.  Diane Feinstein's blisteringly hostile comment will not be repeated by her, and she's even stated that at least to her, Barrett's religion is off limits.  Kamala Harris, who likewise felt free to make anti Catholic comments during Barrett's prior hearing, will have to be careful lest she damage the campaign she's currently in.  Durbin's petty comments, perhaps inspired by the fact that his Bishop has denied him Communion rights due to his stated positions, may well come back. But the hostility is going to be there just under the surface.  Out in the public and through pundits, it'll be on the surface.

*Parsa is a documentary film maker, but I can't say that he's a well known one, at least to me.  I picked up his quote from an article by C. E. Cupp.

**An interesting aspect of Parsa's bigotry is that he associates large families with conservatism and by extension small or no families with progressivism, although I'll be that in the case of families born out of the United States but which have immigrated into the US, his view is the reverse. At any rate, the question of whether or not an employer can be mandated to pay for health care raises moral questions for Catholics, to be sure, but beyond that it raises other philosophical and fiscal considerations that are completely outside of religion.  Whether or not society at large, for example, through mandated health care, should be required to subsidize individual acts and when they should  is the larger issue.  When a society has strongly divergent beliefs regarding this, it raises further questions pertaining to participatory democracy and such choices.

***Islam presents a challenge to liberals in that the religion can demand strict adherence to its tenants and always demand public observation of them by the faithful.  Indeed it shares that characteristic with the Apostolic Churches and conservative Judaism, in that some of those tenants cannot be ignored by their members.  Muslims may not ignore the daily calls and periods to prayer nor the season of fasting, at a bare minimum, must as members of the Apostolic Churches may not ignore periods of fasting or the obligation to attend Sunday Mass.  Mormons, mentioned in this paragraph, likewise have a series of tenants that they can't ignore or shouldn't ignore.

****In fairness, this is also true of Islam.

Antipathy towards Islam to date has been strongly concentrated in conservative circles, but as the Muslim population increases this is almost certain to present very strong challenges to liberals. Already strongly observant Muslim women are relatively frequent callers into Catholic radio on the topic of abortion, where they'll routinely note that Muslims are opposed to abortion and they seem befuddled that people don't realize that.

In Europe distinct Muslim dietary practices that are shared with Judaism have made Muslims and conservative Jews unlikely allies against laws pertaining to slaughter in some countries.  Moreover, while so far Americans are mostly familiar with Muslim women who have taken the opposite view, conservative Muslims have a strict dichotomy of roles and behavior as to men and women. This has also presented itself in Europe where various nations have attempted to ban Muslim female veiling and headdress.  The challenge in the United States will be to see if American society can accommodate to itself to conservative Islamic practices which fall outside the American norm.

^One of the refreshing things about a Barrett confirmation would be that she's not a graduate of Harvard or Yale, which have had a lock on the Supreme Court for some time.