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A Moral-Theological Analysis of the Catholic Sexual

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A Moral-Theological Analysis of the Catholic Sexual PRECEPT, RIGHTS AND ECCLESIAL GOVERNANCE: A MORAL-THEOLOGICAL ANALYSIS OF THE CATHOLIC SEXUAL ABUSE CRISIS IN THE U.S. A Dissertation Submitted to the Graduate School of the University of Notre Dame in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy by Anselma T. Dolcich-Ashley Jean Porter, Director Graduate Program in Theology Notre Dame, Indiana July 2011 © Copyright 2011 Anselma T. Dolcich-Ashley PRECEPT, RIGHTS AND ECCLESIAL GOVERNANCE: A MORAL-THEOLOGICAL ANALYSIS OF THE CATHOLIC SEXUAL ABUSE CRISIS IN THE U.S. ABSTRACT by Anselma T. Dolcich-Ashley An analysis of US Catholic bishops‟ responses to ongoing developments in the sexual abuse crisis from 2002-2007 reveals a narrow institutional definition of the problem as a violation of determinate laws governing priestly celibacy. Perceiving sexual abuse as a breach of the Sixth Commandment codified as Canon Law overlooks other salient moral concerns such as culpably-cooperating church leaders, uncritical cultures of clericalism, governance structures closed to accountability, and abuses of human rights. However, reappropriating the Sixth Commandment by means of a Thomistic interpretation of the natural law addresses the crisis from within the Christian moral tradition, because it enables meaningful and legitimate analogical application from the foundational principle into broad areas of human interrelationships in the church (including governing relationships between clergy and the community). With this moral method, the Sixth shows greater theoretical cast and practical application in the sexual abuse crisis because its scope is not restricted to vow-violation. The crisis can be redefined as the failure of the entire Catholic community to observe the wisdom of this fundamental moral concept. The Sixth Commandment demands well-functioning communal sexual boundaries, which in turn require protection of the community‟s members, a key task of church governing authority. In performing this task, church Anselma T. Dolcich-Ashley governance must pass the test of plausibility in practical application and of consistency with Catholic moral principles and doctrinal commitment in order to be effective and authentic. As a community of human disciples, the church like all societies requires preemptive authority in governance in order to protect its members; as a relationship with the governed, church authority relies upon their assent and consent contributing in real (if limited) ways to ongoing communal discernment of the direction of governance in the church, including just demands for accountability. Claims of human rights by the victim- survivors themselves hold their own unique moral and juridical authority to block status quo practices of governance (such as secrecy and material cooperation), and place duties upon “pastors and the other faithful” to find restoration in justice and peaceful and fruitful interaction for the sake of mission. To Matt, John, Hannah and Rose, with all my love. To the victim-survivors, living and deceased, of sexual abuse in the Catholic Church: “The creation waits with eager longing for the revealing of the children of God.” (Romans 8: 19) ii CONTENTS Acknowledgments.............................................................................................................. vi Chapter 1: Introduction ........................................................................................................1 1.1 The Catholic Sexual Abuse Crisis and “the Sin of the World.” (John 1:29) .....1 1.2 A Moral-Theological Analysis: Precept and Rights in Ecclesial Governance ................................................................................................12 Chapter 2: Hierarchy and Hier – archē ..............................................................................18 2.1 Introduction. .....................................................................................................18 2.2 “Delictum contra Sextum.” ..............................................................................20 2.2.1 A Narrowly-Defined Precept: Examples. .........................................27 2.2.2 Framing the Larger Moral Picture. ...................................................31 2.3 The Sixth Commandment as Moral Wisdom...................................................33 2.4 Episcopal Culpability. ......................................................................................43 2.4.1 Culpable Material Cooperation. ........................................................46 2.4.2 The Bishops Apologize. ....................................................................53 2.5 Conclusion: The Sexual Abuse Crisis, Redefined. ..........................................64 Chapter 3: Church Governing Authority and the Sixth Commandment............................70 3.1 The Application of Practical Reason ...............................................................70 3.1.1 The Fundamental Moral Concept .....................................................70 3.1.2 The Purpose of Governance ..............................................................71 3.1.3 General Principles and Moral Judgment ...........................................73 3.1.4 Moral Method ...................................................................................76 3.1.5 Applying the Sixth Commandment to Church Governance .............80 3.2 Traditional Justifications for Governing Authority: Divine Authorization, Superiority, Expertise. ...............................................................................83 3.2.1 Divine Authorization ........................................................................85 3.2.2 Superiority of the Hierarchy .............................................................89 3.2.3 Episcopal Holiness and Personal Virtue: John Paul II‟s Pastores gregis..............................................................................................94 3.3 Alternative Justifications for Authority: Expertise (Reworked), Equality ...103 3.3.1 The Virtuous Servant ......................................................................104 3.3.2 Professional Competence ................................................................107 3.3.3 Justifications Based on Equality .....................................................110 3.4 A Normative Justification for Church Authority ...........................................126 3.4.1 Normative Justification from Morality ...........................................126 3.4.2 Normative Justification from Rational Coherence .........................130 iii 3.4.3 Normative Justification from Plausibility .......................................133 3.5 Governing Authorities in a Community of Equal Disciples. .........................136 3.5.1 “The Other Faithful” .......................................................................137 3.5.2 Episcopacy As Relation ..................................................................139 3.5.3 Justice in Interrelationships.............................................................141 Chapter 4: “Pastors and the Other Faithful”: Toward a Governing Convention in the Catholic Church ......................................................................................................143 4.1 Introduction: Salient Features of Governance ...............................................143 4.2 Preliminary Consideration: Distinctions in Ecclesiology ..............................147 4.3 Consent and the „Invention‟ of Church Authority .........................................156 4.3.1 „Invention‟ of Authority ..................................................................158 4.3.2 The „Invention‟ of Authority and an Agency Relationship ............162 4.3.3 Well- and Poorly-Performing Governing Conventions ..................165 4.4 Catholic Church Governance: Convention or Mastery? ................................166 4.4.1 The Case for a Relationship of Mastery in Catholic Church Governance ..................................................................................167 4.5 A Poorly-Performing Relationship of Agency in the Catholic Church .........172 4.6 Ecclesial Authority and a Governing Convention in the Catholic Church ....182 4.6.1 The Paradox of Authority and an Agential Relationship ................182 4.6.2 Distinction of Levels in Governance ..............................................185 4.6.3 Structures of Participation in Catholic Church Governance, and the Problem of Accountability ..............................................187 4.6.4 The Tertiary Level: Revising the Governing Convention in the Catholic Church ...........................................................................190 4.7 Conclusion: The Sixth Commandment and a Governing Convention ...........200 Chapter 5: Human Rights and the Sexual Abuse Crisis in the Catholic Church .............207 5.1 Introduction ....................................................................................................207 5.1.1 Rights and the Sexual Abuse Crisis: Preliminary Considerations..............................................................................209 5.1.2 What Are Rights? ............................................................................219 5.2 Objections and Challenges to Rights .............................................................224 5.2.1 Rights in the Church: A Bishop‟s Critique .....................................224 5.2.2 Conceptual Objectios ......................................................................226
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