Working Paper Series Villanova University Charles Widger School of Law Year 2013 THE LIBERTY OF THE CHURCH: Source, Scope and Scandal Patrick McKinley Brennan 1567,
[email protected] This paper is posted at Villanova University Charles Widger School of Law Digital Repository. http://digitalcommons.law.villanova.edu/wps/art188 Forthcoming in Journal of Contemporary Legal Issues (2013) THE LIBERTY OF THE CHURCH: Source, Scope, and Scandal Patrick McKinley Brennan1 I. Libertas Ecclesiae, Not Something Else II. The Church, Not Just One More Group III. The Problematics and Hermeneutics of Vatican II IV. Traditional Catholic Doctrine on Church and State V. The Church’s Powers, Direct and Indirect VI. In a Catholic Society VII. Novelty, at Vatican II? VIII. “Deliramentum” IX. In Public? X. Liberty Not the Fundamental Principle XI. Tolerance and Intolerance I. Libertas Ecclesiae, Not Something Else Once upon a time I took a tour of the Supreme Court of the United States. When the guileless intern conducting the tour reached the point at which she was charged to disclose the function of judicial opinions, this is what she said: “Dissents are opinions where the minority explains how the majority’s opinion is in bad taste” (emphasis added). Bad taste is exactly what mention of the liberty of the Church, libertas Ecclesiae, is widely thought to exemplify in the polite company of contemporary academic and popular celebration of “religious freedom.”2 Mention of “the Church” -- especially of her freedom and what that freedom is for -- imports unwelcome images of essence, organic growth, tradition, final causes, and authority, not to mention the Inquisition and perhaps even Christ the King of the universe.