Universities: Catholic and American, Responsible and Free

DOCUMENT RESUME ED 284 485 HE 020 562 AUTHOR Gallin, Alice, Ed. TITLE Universities: Catholic and American, Responsible and Free. INSTITUTION Association of Catholic Colleges and Universities, Washington, D.C. PUB DATE 87 NOTE 66p. AVAILABLE FROMAssociation of Catholic Colleges and Universities, One Dupont Circle, Suite 650, Washington, DC 20036 ($5.00 each, 1-9 copies; $4.50 each, 10 or more copies). PUB TYPE Collected Works - Serials (022) -- Viewpoints (120) JOURNAL CIT Current Issues in Catholic Higher Education; v8 nl Sum 1987 EDRS PRICE MF01/PC03 Plus Postage. DESCRIPTORS *Academic Freedom; Beliefs; *Catholic Schools; *Church Related Colleges; Church Role; *College Role; *Dissent; Educational History; Higher Education; *Institutional Autonomy; Institutional Mission; Values ABSTRACT The role of the theologian in Catholic colleges and universities is among several topics addressed in 11 articles. Some authors describe how they carry out the Catholic mission in higher education, while others focus on the historical background for the attempt by the Congregation for Catholic Education to describe and mandate a universal and "ideal" Catholic university. Issues of academic freedom and institutional autonomy are addressed. In addition to an introduction by the executive director of the Association of Catholic Colleges and Universities, Alice Gallin, titles and authors are as follows: "The Catholic Church and Her Universities: A View from History" (John Tracy Ellis); "Some Aspects of Catholic Higher Education since Vatican II" (Ann Ida Gannon); "How Bishops and Theologians Relate" (James W. Malone); "A Catholic University: Some Clarifications" (Rembert G. Weakland); "Academic Freedom and the Catholic College/University" (A. Gallin); "The Usages ef Freedom" (Timothy S. Healy); "The Mission of the College of Saint Benedict: Its Catholic Character" (Colman O'Connell); "Saint Michael's College: Its Catholic Character and Academic Fr-ledom" (Paul J. Reiss); "Dissent in Catholic Universities" (William J. Rewak); "Beyond 'Dissent' and 'Academic Freedom'" (David B. Burrell); and "The Response Catholics Owe to Non-Infallible Teachings" (James L. Heft). (SW)

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U.S. DEPARTMENT Ofhce ofEducational OF EDUCATION Research' "PERMISSION TO REPRODUCE EDU and Improvement THIS TIONAL RESOURCES MATERIAL HAS BEEN GRANTEDBY CENTER (ERIC)INFORMATION his Occument received fromhas been the personreprOduCed onginatinv or organizationas 0 Minor reproductionchanges have quality.been madeto Improve Points of view or opinions ment do not staled in this OERI positionnecessarily docir TO THE EDUCATIONAL or policy. represent official RESOURCES INFORMATION CENTER (ERIC)." Associai.ion of Catholic Colleges and Universities BOARD OF DIRECTORS Chair: Francis J. Kerins Carroll College. MT Vice Chair: Kathleen Feeley, SSND College of Notre Dame of Maryland Immediate Past Chair: Patrick Ellis. FSC LaSalle University. PA

Terms to 1988 Dorothy Brown Rosemont College. PA Theodore Drahmann. FSC Christian Brothers College, TN Jean Patrice Harrington. SC College of Mt. St. Josephon-theOhio. OH Donald S. Nesti. CSSP Duquesne University. PA Joseph A. O'Hare, SJ Fordham University, NY

Terms to 1989 Julia Lane Loyola University of Chicago. IL Bartley MacPhaidin. CSC Stonehill College. MA Jeanne O'Laughlin. OP Barry University. FL Timothy O'Meara University of Notre Dame. IN William Sullivan, SJ Seattle University, WA Terms to 1990 David Delahanty, FSC Lewis University, IL Brigid Driscoll, RSHM Marymount College. NY Author Hughes University of San Diego Janice Ryan. RSM Trinity College, VT Paul Tipton, SJ Spring Hill College, AL Ex Officio Catherine McNamee, CSJ President, NCEA ACCU Executive Staff Alice Gatlin, OSU Executive Director David M. Johnson Associate Executive Director

3 TABLE OF CONTENTS

Introduction Alice Gatlin, 0.5 U 2 The Catholic Church and Her Universities: A View From History Monsignor John Tracy Ellis 3 Some Aspects of Catholic Higher Education Since Vatican II Ann Ida Gannon, B.V.M 10 How Bishops and Theologians Relate Most Reverend lames W. Malone 25 A Catholic University: Some Clarifications Most Reverend Rembert G. Weakland, 0.5 B 30 Academic Freedom and the Catholic College/University Alice Gatlin, 0.5 U 31 The Usages of Freedom Timothy S. Healy, 5.1. 35 The Mission of the College of Saint Benedict: Its Catholic Character Colman O'Connell, O. S. B 39 Saint Michael's College: Its Catholic Character and Academic Freedom Paul I. Reiss 42 Dissent in Cathohc Universities William I. Rewak, 5.1. 46 Beyond "Dissent" and "Academic Freedom" David B. Burrell, C.S.C. 51 The Response Catholics Owe To Non-Infallible Teachings lames L. Heft. S.M. 54 Introduction

Catholic colleges and universities have, by definition, community. The presence of such a "critical mass" of per- two distinct elements in their identity. The noun-element sons committed to Christian values and to the Catholic is that of an academic institution, known alternatively as tradition of learning as a means to (and not an obstacle to) college or university; the adjectival element is Catholic. the love of God may well be the most significant require- Exploration of the way in which the elements interact has ment for our colleges today. limitless possibilities, and is currently a topic of great in- Such a desire to create a very special environment for terest on our campuses and in the media. In this issue of the promotion of genuine Catholic intellectual develop- our journal, we present several relevant paperssome ment does not at all suggest the imposition of Catholic are talks given to audiences on campuses; others were doctrinal tenets on the persons who constitute the faculty prepared for delivery to national groups. It is clear that and administration, nor on the students. Respect for free- some were provoked by the draft of the Schema on Cath- dom of conscience will prevent such misinterpretation of olic higher education sent to us for consultation by the the true meaning of "Catholic" and will foster sincere ecu- Congregation for Catholic Education in 1985. When we menical and inter-faith debates on the campus. But the reflected on that draft and responded to it, we gave evi- quest for harmony must not lead to a lessened commit- dence of our conviction that we are both true universities ment to one's own tradition; indeed the strength of ecu- and truly Catholic. Many persons in their responses menism comes from the willingness of individuals to speak described the ways in which they see themselves carrying from differing points of view toward a common discovery out the Catholic mission in higher education. Others fo- of truth. cused on the historical background for the congregation's The role of the theologian in our Catholic institutions of attempt to describe and mandate a universal and "ideal" higher learning is addressed in several of the articles. This Catholic universityone which did not seem to resonate is a necessary point of discussion because it is the presence very well with the American experience. of faculties of theologians within our universities (rather Simultaneously, we are celebrating the 200th anniver- than in separate institutes or attached to State universities) sary of the United States Constitution and the 200th anni- that distinguishes American Catholic higher education versary of the establishment of the hierarchy in the from that of our Catholic universities in other parts of the United States. Both of these events call attention to the world. Yet it is the fact that they are hired, evaluated, pro- freedom which has enabled us to build and develop our moted, and trained by the same criteria as other faculty own Catholic colleges within the pluralistic system of members that has led to recent admonitions from Roman American higher education. Founded for the most part Church authorities. It is to be hoped that the ongoing dis- by religious communities of women and men, in coopera- cussions arnong our American Catholic universities and in tion with local bishops, our colleges and universities have joint meetirs of bishops, theologians, and presidents will become places where lay and religious collaborate on be able to arrive at satisfactory ways of dealing with ten- every level of governance and participation: trustees, sions that are bound to arise when academic freedom administrators, faculty, staff, students. They are places and/or institutional autonomy are threatened. It makes lit- where we can truly unite in support of a common mission. tle difference whether the threat is from the State, the In the report recently issued by Dr. Ernest Boyer and the Vatican, corporations and donors, or pressure groups Carnegie Commission for the Advancement of Teaching from Right or Left. Our colleges and universities are a entitledCollege:TheUndergraduateExperiencein valuable asset for the Catholic community, but they will America there appears to conviction that education is only remain so if they are both "free" and "Catholic" in an greatly assisted by the presence of "community." To medi- "American" context. Our authors help to forward the ate our culture to a new generation of learners we need a nececqnry dialogue on these matters and we are grateful to living community, a place formed by the tradition and them for their contributions. Our next issue will contain engaged in lively dialogue about its meaning. Without more articles on this topic. consciously averting to this fact, many of those who Alice Ga llin, O.S.U. founded our colleges did so out of the strength of such a Executive Director

5 2 The Catholic Church and Her Universities: A View From History

Monsignor John Tracy Ellis

You will be doing the greatest possible benefit to the That the reconciliation of these lofty goals in thecon- Catholic cause all over the world, if you succeed in text of the Catholic universityand here I mean to in- making the University a middle station at which clergy and laity can meet, so as to learn to understand and to clude Catholic colleges and seminaries as well as institu- yield to each otherand from which, as from a com- tions that bear the name of universitieshas been, is, mon ground, they may ad in union upon an age, and will continue to be at times extraordinarily difficult, which is running headlong into infidelity.' giving rise to occasional anguished confrontations, must, I believe, be taken for granted. True, itis a somber In the 113 years since Newman wrote those words to thought, but onethatfinds documentation inthe George Fottrell, an alumnus of the Catholic University of Church's history in an unmistakable way. Never has Ireland, the Catholic Church as witnessed considerable there been an extended period during those nearly 2,000 progress in, so to speak, closing the gap between the years that has failed to furnish examples of what is clergy and ,laity in the academic communities that oper- meant, that is, a clash of minds between persons of vary- ate under the Church's auspices, a progress that has been ing views, each in his and her own way acting in what clearly manifest in the 235 Catholic coileges and univer- they believe to be the Church's best interests, even when sities of the United States. It remains, however, a prime they were diametrically opposed on a given question. requisite in 1986 if these institutions are to prosper and to The New Testament affords any number of examples fulfill their dual responsibility to maintain the highest that illustrate the fact, such as that in the synagogue of academic standards and at the same time preserve their Caparnaum when Jesus taught the doctrine that his fol- distinctly Catholic character and tradition. Failure to sus- lowers must eat his flesh and drink his blood. In describ- tain the former renders them suspect in the eyes of their ing that scene Saint John remarked, "After hearing it, American secular counterparts, a suspicion they can ill many of his followers said, 'This is intolerable language. afford; failure to sustain the latter calls in question their How could anyone accept it?'...After this, many of his fidelity to the truths that nurtured their origins and that disciples left him and stopped going with him."' To cite have given warrant for their espousal as valid representa- an even more striking instance, when Peter and Paul met tives of the Church's conmiitment to the world of learn- at Antioch and had their dispute over the observance of ing. Parenthetically, it is to be hoped that the synod to be Jewish practices of the old law, Paul declared, "I opposed held in Rome a year from now on'the role of the laity will him to his face, since he was manifestly in the wrong."3 lend strength to this clerical-lay partnership in a way that Without intending to lend to this exchange at Antioch an will enhance the laity's meaningful participation. For if the unwarranted contemporary application, the account sug- synod should fail to provide for the laity to be heard, that gests that the conservative stance of Peter was overruled is, for the clergy to listen and take seriously the respon- by the more open and progressive attitude of Paul. sible lay voice, it may, indeed, do more harm than good in Thus has it been from the apostolic age to our own futher alienating laymen and laywomen, and thus deprive day, and thus will it continue in one form or another to the world's Catholic community of their special talents the end of time. The situation partakes of the mystery and skills. foreshadowed by Simeon when he told the Mother of the Babe in his arms, "You see this child: he is destined for the Monsignor John Tracy Ellis is Professorial Lecturer in fall and for the rise of many in Israel, destined to be a sign Church History at The Catholic University of America. that is rejected Nor did the adult Christ foretell The present paper was first delivered as an address at otherwise. "Do you suppose that I am here to bring peace Immaculate Conception Seminary in South Orange, New on earth?" he asked. "No, I tell you, but rather division. Jersey (November 3, 1986), and later at Holy Trinity For from now on a household of five will be divided three Parish, Washington, D.C. (January 21, 1987). 'Newman to Fottrell, The Oratory, December 10, 1873, in Charles Stephen Dessain and Thomas GomaS.J. (Eds.), The Letters and 2John, 5:59-66. Diaries of John Henry Newman (Oxford: Clarendon Press, 1974), 3Galatians, 2:11-12. XXVI, 394. 4Luke, 2:34-35.

3 against two and two against three ...."5 For those who of several months.' Similar happenings could be cited for are believers these words of the aged prophet and of the other Catholic universities of the medieval and modern Master himself have an enduring value that helps to ex- periods, but this brief sketch of events at Paris in the mid- plain the periodic conflicts that arise in Catholic univer- thirteenth century will, I hope, be sufficient to indicate sity communities over the interpretation of the Church's the nature and lengthy history of the problem. teaching on doctrinal and moral issues. . It is a truism that each succeeding age has its predomi- If these words pose a genuine mystery they yet assist in nant ideology or ideologies, and that men and women are the sense that they make more understandable that a final influenced for or against the contemporary currents of solution will not always be found in such controversial thought that swirl around them. For example, Catholics areas. Each case must be judged on its own merits with in an academic context inevitably think quite differently the opposing sides given open and fair hearing and inves- if their society accepts the supernatural as a prime ele- tigation to enable the conflicting parties, if possible, to ment in their livesas was the case in the time of Thomas arrive at a settlement that will both respect the Church's Aquinasor if they find themselves members of a society teaching and at the same time give recognition to the that expressly excludes religion from the public domain, individual's rights of expression. No one in his or her sane leaving that aspect of life entirely to the private domain mind will maintain that this procedure will be other than with each individual free to settle matters according to his difficult, indeed, on occasion difficult to the point of or her conscience. Thus when Catholics in the early days anguish; nor will a realist anticipate that the final result of the American Republic took the first feeble steps to in- will fully satisfy all the contending parties. A procedure augurate a system of education on their own, their ap- of this kind, however, is about the best that can be ex- proach was conspicuously at variance with that to which pected when one allows for the inevitable limitations that Aquinas would have been accustomed in that so-called attend every endeavor, due to humankind's all too fallible age of faith. judgment. This fundamental fact can be exemplified by noting the The Catholic Church's association with universities is a emphasis in an early prospectus published by what was centuries-old phenomenon, marked by repeated sharp destined to become Georgetown University, the first conflicts that often entailed prolonged and impassioned Catholic college of the United States. Here is the way in controversies between faculties and the local bishop, as which the founders of that school in 1798 envisioned its well as occasioning disputes that involved the pope when leading motivation and purpose: the contending parties appealed to his jursidiction. This is not the place to attempt a summary of those conflicts that Persuaded that irreligion and immorality in a youth, beset not only the Catholic universities of the Middle portend the most fatal evils to subsequent periods of life, and threaten even to disturb the peace, and cor- Ages but those of the modern era as well. Let the Univer- rupt the manners of society at large; the directors of sity of Paris in the lifetime of Saint Thomas Aquinas this Institution openly profess that they have nothing illustrate the point. When, for example, in the 1250's the so much at heart as to implant virtue and destroy in newly founded mendicant friars appeared on the scene their pupils the seeds of viceHappy in the attain- they met immediate and fierce opposition from such dio- ment of this sublime object, they would consider their success in this alone, as an ample reward for their cesan priest-professors such as William of Saint-Amour, incessant endeavours.7 Gerard d'Abbeville et al., who were determined to keep the friars out of teaching posts in the university. It was One need not remark that today Father Timothy Healy, only through an appeal to the pope that the friars over- his Jesuit confreres, and their lay associates would hard- came the opposition of the diocesan clergy and the ly express Georgetown's goals inthose terms. Yet, Bishop of Paris. mutatis mutandis, that was the prevailing ideology that Nor were the academic feuds at Paris in those years brought into being Mount Saint Mary's College in confined to rivalry between the diocesan clergy and the Emmitsburg (1808), Notre Dame (1842), and other Cath- religious orders. A decade later trouble arose because of olic institutions of higher learning throughout the nine- ideological differences pertaining to the espousal by teenth and early twentieth centuries. Aquinas and his followers of certain teachings of Aver- In this regard, however, the Catholic institutions were roes who, in turn, had leaned heavily on Aristotle. To not especially unique, for up to and beyond the Civil the traditionalists this was a betrayal of Saint Augustine's War most of their non-Catholic counterparts operated scholasticism which had been their principal source of under much the same auspices. Student conduct was inspiration. Here Thomas Aquinas paid the penalty of closely supervised in all American colleges where the having introduced a new approach and occasioned a dis- principle in lora parentis was enforced. Thus among the pute that ultimately led to a condemnation of thirteen Averroist theses. Thereupon the university was thrown into such turmoil that in 1272 there ensued a suspension of all lectures and other academic activities for a period 6For a detailed account see James A. Weisheipl, 0.P., Friar Thomas Aquinas. His Life, Thought, and Work. (Garden City: Doubleday & Company, Inc., 1974), pp. 263-292. 7Archives of Georgetown University, #62-9, College of Georgetown 5Luke, 32:51-52. (Potomack) in the State of Maryland, United States of America, p. 1. regulations governing student life at Notre Dame there who then dominated these institutions,it was by no was a rule in 1868 that read: means confined to the Holy Cross community at Notre No book, periodical or newspaper shall be introduced Dame. into the College, without being previously examined It is not that Catholics of that time hadno source from and approved by the Director of Studies. Objection- which to learn the true character ofa university, for nigh able books found in the possession of Students, will be to a half century before these happenings involving withheld from them until their departure fromthe University.' Mivart and Zahm a description of what constituteda university worthy of the name had been published when In an atmosphere of paternalism and an authoritarian Newman's article entitled, "What Is A University?"ap- spirit of this kind it was not surprising that the issue of pearned in 1854. His answer to the question posed inhis academic freedom as we know it today scarcely existed title is as valid today as it was nearly 140years ago. He either in Catholic circles or in most academic communi- answered the question in these words: ties outside the Church. Among the latter it first appeared in the guise of religious freedom for professors whoin the It is a place...in which the intellect may safelyrange generation after the Civil War espoused Charles Darwin's and speculate, sure to find its equal insome antagonist activity, and its judge in the tribunal of truth. It isa highly controversial theories of evolution. place where inquiry is pushed forward, the discoveries Evolution was a subject that remained all buta terra verified and perfected, and rashness rendered innoc- incognita among Catholics until the nineteenthcentury uous, and error exposed, by the collision of mind with was drawing to a close. It then came to the surf2,ce when mind, and knowledge with knowledge... a proposal was made by Bishop John J. Keane, fin: Rec- In my judgment, it would be difficult for the most sophis- tor of The Catholic University of America, backed by ticated educational theorist of the 1980'sto improve on Archbishop John Ireland of Saint Paul,to engage the that definition. English biologist and evolutionist, Saint George Mivart, In all that pertains to the tangled skein of relations be- a convert to Catholicism, for the new university sched- tween ecclesiastical authority and the Church's academic uled to open in Washington in November, 1889. Opposi- communities, the historical record clearly reveals periods tion to Mivart was raised by Archbishop Michael A. of relative quiet which are, in turn, succeeded by the Corrigan of New York, who had the support of Arch- renewal of high tension and sharp conflict. The latter bishop Patrick J. Ryan of Philadelphia, andas a conse- have normally been induced by the rise ofnew concepts, quence Mivart's appointment was set aside. A few years such as those represented by Americanism and Modern- later when Father John A. Zahm, C.S.C., of NotreDame ism at the turn of the present century, by theological published his book, Evolution and Dogma in 1896, he in- developments that begot Pius XII's warning encyclical, curred censure for his Darwinian sympathies by the Con- Humani generis in August, 1950, and by Vatican Council gregation of the Index, whereupon Zahm quietlyac- II from the interpretation of which emergedcontrary cepted Rome's decision, and asone biographer stated, schools of thought, the effects of whichare still with us. "Thereafter he published nothing moreon science or on In other words, this relationship displaysan ebb and flow the relations of science and religion."' And John Zahm strongly influenced by new currents of thought cham- was only one in a series of losses to Catholic scholarship pioned or opposed by strong personalitieson both sides, that was to characterize the years immediately ahead,a most of whom have been motivated by what they period bedeviled by the so-called heresy of Americanism thought were the best interests of the Church. and the graver crisis known as Modernism. While Zahm If the result has been strainedtempers, occasional took his departure from academic pursuits ina humble angry encounters, and at times almost exhaustive combat and submissive way, it was not withouta somewhat sig- that must be expected and patiently borne. It isa situa- nificant observation in a private letter to his brother, tion that has been exemplified in the ecumenical councils Albert, also a scientist, in which he said: of the Church where the statement of the distinguished With possibly one or two exceptionsamong the historian of the councils, the late Monsignor Hubert younger priests, not one at N.D. has the faintest con- Jedin, can be equally applied to the Catholic universities. ception of the wants of a university, and the demands The assistance of the Holy Spirit, said Jedin,guarantees of the age in which we live.' the decisions of a council to be free fromerror, but, he Unfortunately, that state of mind persisted in Catholic added, it academic ranks long thereafter, and among the clergy, does not dispense with the most strenuous effortsto arrive at the truth; on the contrary, it presupposes and demands such efforts. Truth is reached inany com- 8Twenty-Fourth Annual Catalogue of the Officers and Studentsof the munity by means of an exchange of opinions, byargu- University of Notre Dame, Indiana, for the Academic Year 1867-68 ments for and against, that is, by means of an intellec- (Notre Dame: Ave Maria Power Press Print, 1868),p. 17. tual struggle....The toll paid by humannature in the councils is the price which the visible Church has 9Thomas F. O'Connor, "john A. Zahm, C.S.C.,Scientist and to Americanist," The Amerkas 7 (April, 1951), 445. pay for being in the midst of the human race.' 19Zahm to Zahm, n.p., December 12, 1897, in RalphE. Weber, Notre Dame's John Zahm: American Catholic Apologist and Educator (Notre 11Hubert Jedin, Ecumenical Councils of the Catholic Church. Dame: University of Notre Dame Press, 1961), p. 105. An His- torical Outline (New York: Herder and Herder, 1960),pp. 234-235. In certain instances the conflict will have touched only out impediment, to fix his mind intently, nay, exclu- a very few and will have ere long died away, as was the sively, on his special object, without the risk of being distracted every other minute in the process and prog- case with Americanism. At other times the strong and ress of his inquiry, by charges of temerariousness, or decisiveactionofecclesiasticalauthoritywill have by warnings against extravagance or scandal.' broken the opposition and brought about its demise, as A half century later John Lancaster Spalding, Bishop of was true of Modernism. Still other cases have resulted in Peoria, spoke in a similar vein in the Church of the Gesii temporary losses to scholarship when progressive and creative minds such as those of Yves Congar, Jean at Rome on the topic, "Education and the Future of Relig- Daniélou, and John Courtney Murrayto name only ion," when he declared: three of several dozen who suffered punishment in the To forbid men to think along whatever line, is to place wake of Humani generiswere fully vindicated some oneself in opposition to the deepest and most invin- years later by Vatican Council II in which they, and cible tendency of the civilized world. Were it possible to compel obedience from Catholics in matters of this others of their mind, played influential and honorable kind, the result would be a hardening and sinking of roles. It is, then, a mixed picture that admits of no fixed our whole religious life. We should more and more formula or pattern of development, no more than it sug- drift away from the vital movements of the age, and gests the possibility of a ready-made solution. On the find ourselves at last immured in a spiritual ghetto, contrary, history's testimony supports the thesis that where no man can breathe pure air, or be joyful or there is no precise line of action that will always apply or strong or free." succeed. In one form or another the problem will be with These were strong words, to be sure, yet uttered by two us until the end of time, and that because of the built-in churchmen who, though perhaps in advance of their con- tension that has ever, and will ever, obtain between the temporaries, were men whose subsequent careers proved teaching of the Church and that of the world. beyond doubt their fundamental loyalty to the Church. Allowing for these facts, and keeping in mind the Does that infer that there is then no limit to dissent magisterium's right and duty to safeguard the depositum within the Church? It does not. To be valid, dissent must fidei, the situation calls for the highest degree of pru- bear with it a strong measure of modesty, humility, and dence, balance, and caution. Yet it does not follow that basic loyalty, as well as an implicit recognition that the the Church is best served by an immediate stop to all dis- dissenter in the end may be proven to have been wrong. I cussion with each statement from ecclesiastical authority. have never found the point better expressed than by To adopt that attitude would be equivalent to stifling all Henri de Lubac in his volume of a generation ago, The research and thus render Catholic universities devoid of Splendour of the Church. Thinking in terms of what he their life blood. In that connection I would call attention called 'the man of the Church,' he put it this way: to the article of Gerald Fogarty in America of October 11, Certainly, as long as the order is not final he will not 1986, where an account of the case of Henry Poe ls, who abandon the responsibilities with which he has been taught Old Testament at The Catholic University of invested by his office or circumstances. He will, if it America from 1904 to 1910, is highly instructive. In that should be necessary, do all that he can to enlighten instance a grave injustice was done to a devoted priest- authority; that is something which is not merely a right but also a duty, the discharge of which will some- professor, an instance which at the same time illustrates times oblige him to heroism. But the last word does the enormously complicated character of these theological not rest with him. The Church, who is his home, is a disputes. 'house of obedience.'14 Admittedly, no recourse to past events can resolve It was in that sense that Pierre Teilhard de Chardin ad- contemporary problems; but they can offer signals, so to dressed the General of the Jesuits when charges had been speak, of what to avoid lest one repeat the mistakes of lodged against his orthodoxy. "It is on this important those who have gone before us. And here, it seems to me, point of formal loyalty and obedience," he wrote: we can all learn from certain respected and tested voices from the past concerning the spirit in which these delicate that I am particularly anxiousit is in fact my real questions involving the policy of Catholic universities reason for writing this letterto assure you that, in spite of any apparent evidence to the contrary, I am should be conducted. Permit me to quote two such wit- resolved to remain a 'child of obedience.'" nesses whose names, I believe, bear witness to their fundamental loyalty to the Church's authority, even if on I confess that testimony of a similar kind from Thomas occasion they may have been in advance of their time Merton to Abbot James Fox of Gethsemani, of Newman and thus incurred censure by opponents of their views. In the course of his famous Dublin lectures of 1852 which njohn Henry Newman, The Idea of A University (New York: the learned world knows as The Idea of A University, Longmans, Green and Company, 1923). Newman stated: 13John Lancaster Spalding.Religion,Agnosticism and Education (Chicago: A. G. McClure Company, 1902), p. 175. I say, then, that it is a matter of primary importance in 14Henri de Lubac, S.J., The Splendour of the Church (New York: Sheed the cultivation of those sciences, in which truth is dis- and Ward, 1956), pp. 194-195. coverable by the human intellect, that the investigator 15Tei1hard de Chardin to Johannes Janssens, S.J., Cape Town, October should be free, independent, unshackled in his move- 12, 1951, in Letters from a Traveller (New York: Harper & Row, 1962), ments; that he should be allowed and enabled, with- p. 43.

6 to his ordinary, William B. Ullathorne, 0.S.B., Bishop of common-law tradition, 'due process'. The demand for Birmingham, of John Courtney Murrayto his superiors due process of law is an exigence of Christian dignity in the 1950's, and more recently of Leonardo Boff, and freedom. It is to be satisfied as exactly in the 0.F.M., tip:: Brazilian theologian, have impressed Church as in civil society (one might indeed say,more on me exactly).'9 the importance of this principle. It isan impression that has taken on a deeper and abiding meaning when I reflect Whether in explicit terms or by implication theconcept on the sad cases of Felicité de Larnennais, of Johann of due process has found a place in the mounting liter- Ignaz Dollinger, of Alfred Loisy et cll. Thesewere all ature on the Catholic universities in our time. It is inher- men of singular intellectual gifts, scholars whose Iife ent in the defense of academic freedom propounded by stories have enlivened and enriched the Church's history. the Land-of-Lakes statement of July, 1967,as it has been In that regard, most of those mentioned here measured in the more recent documents issued by the International upif a few did notto the Master's caution when Federation of Catholic Universities. One might wish that speaking of the final judgment that awaits eachone of us. it would have found expression in statements emanating He told his disciples: from the Congregation for Catholic Education, suchas When a man has had a great deal given him, a great the proposed Schema for the world's Catholic universities deal will be demanded of him; when aman has a great that the Congregation circulated in April, 1985. That deal 01;ven him on trust, even more will be expected of document, as is well known, has met with strong criti- him.' cism from 100 or more presidents of the Church's colleges In all that pertains to the relationship of ecclesiastical and universities in this country, while at thesame time authority vs. academic freedom, and this is especially winning support from other Catholics in the academic true in the American context, there inevitably arises the community. question of admittance or denial of due process. If it is Given present circumstances, it is difficult tosee how given great emphasis in American institutions of higher recurring clashes between these two schools of thought learning, they by no means invented the concept. The can be avoided if the idea of due process and kindred central idea behind due process has an ancient lineage, matters do not win some consideration in the thinking of aspects of which appear in the New Testament. During Roman curial officials. True, it will not be easy to work the course of the trial of Jesus, Nicodemus interposed and out a compromise, but to employ a cliché, where there is askPd his fellow Pharisees, "But surely the Law doesnot a will there is a way. Any genuine compromise normally alio., us to pass judgment on a man without giving hima means that each side has yielded something of its ideal to hearing and discovering what he is about?"' Andyears its opposite. Considering what is at stake, certainlyno later when Saint Paul was held prisoner at Caesarea, right-minded Catholic will maintain that the effort isnot Festus, the governor, explaining the background of Paul's cnninently worthwhile. Perhaps a quiet acceptance ofa case to the visiting King Agrippa, remarked concerning status questionis that is less than ideal in the view of both Paul's opponents: sides may be the ultimate outcome. If so, they would have a precedent in the situation that obtained for nighto I told them that Romans are not in the habit ofsurren- two centuries during which Rome was not happy with dering any man unffi the accused confronts his ac- cusers and is given an opportunity to defend himself the American constitutional principle of separationof against the charge.18 church and state. Yet they forbore from insisting that American Catholics should work for a change in that Infringement of that principle has at times cost the regard, until finally in December, 1965, the Declaration Church dearly and injured her reputation for fair dealing. on Religious Freedom of Vatican Council II put an end to The nearly twenty centuries of Christian history have the awkward and often embarrassing situation for, it isto witnessed no diminishment in this regard; indeed, it has be hoped, all time to come. gained in strength and ftarce as the concept of human Let me now turn to an aspect of Catholic higher educa- rights has moved to center stage in the aftermath of tion that, in my opinion, should remain a paramount World War II, during which these rightswere so outra- concern of every one of the 235 Catholic colleges and uni- geously violated. In the light of this fact, tosay nothing versities of this country with their more than h-lf million of her own teaching on the dignity of the humanperson students, as well as of the 319 seminaries with their in Vatican Council II, the Church hasreason to be espe- enrollment of about 10,000 candidates for the priesthood. cially vigilant on this score. Thatwas uppermost in the I refer to the perennial need to emphasize a determined mind of John Courtney Murray when he maintained the effort to achieve excellence as a prime goal ofevery insti- year after the council: tution of higher learning worthy of the name. More than What comes to the fore today is the need that the cor- thirty years ago I raised this issue and encounteredcon- rective or punitive function of authority should be siderable opposition, although the responsewas in the performed under regard for what is called in the main distinctly positive. I raise it here again, for allowing that in this regard there has been marked improvement 16Luke, 12:48. 17John, 7:51-52. 19John Courtney Murray, "Freedom, Authority, Community," 18Acts, 25:16-17. America, 115 (December 3. 1966), 740.

7 1 0 since the 1950's, I still believe that we American Catholics ing Catholic church historian of that day, John Gilmary are far from where we ought to be on the scale of superior Shea, who by current terminology would be described as achievement in the humanities and liberal arts, areas triumphalistic and defensive, went so far as to declare, wherein it may rightly be expected that we should make a "In literature, science and the arts, we have made little conspicuous showing in view of the tradition which is mark and are behind even the modest position of the our alleged heritage and to which we so often give rhe- country e large."In the same centennial year John torical expression without the accompaniment of solid Lancaster Spalding maintained that external develop- scholarly production to prove we take seriously what we ments had "crowded out things of the mind" among affirm. Catholics, and with a forward glance toward the coming Obviously, the attainment of academic excellence is century he remarked: often dependent on material resources as well as on gifted We must prepare ourselves to enter more fully into the minds professionally trained in their respective disci- public life of the country; to throw the light of plines. Up to a generation or two ago we could plead our Catholic thought upon each new phase of opinion or lack of financial strength, but that is long since gone. As I belief as it rises....All this and much else we have to have frequently phrased it, the United States is teeming do, if our God-given mission is to be fu1filled.24 with Catholic millionaires, a fact borne out a decade ago No single Catholic did more to promote that high ideal; in the findings of Andrew Greeley on average family in- yet at his death forty years later he would have been the come of non-Spanish speaking white Catholics, who first to admit the meager results of his lifetime campaign in were second only to the Jews and ahead of the Episco- behalf of intellectual excellence among his coreligionists. palians and Presbyterians.4 Today it is a truism to state It is not that Catholic Americans have not been period- that Catholics have become a prominent element in the ically reminded of this leading deficiency in their religious mainstream of the national society. The fact has,I community, and here no one has been more insistent and presume, something to do with the presence of five Cath- more eloquent than Professor David J. O'Brien of the olic universities among the 100 with the highest endow- College of the Holy Cross, whose stirring essay in Com- ments in the country, the five led by Notre Dame (No. 22) monweal of June 6, 1986, is one of the most persuasive in with over $300,000,000, with Loyola of Chicago, George- furthering that cause.What evidence, you may well town, Saint Louis, and Santa Clara following in that ask, have you for your lament in this regard? I would order.21 answer, first let due recognition be given to the not The situation, however, is related to a far more basic inconsiderable number of Catholic men and women matter thanthepresenceor absenceoffinancial whose scholarly endeavors have brought honor to them resources, important as that aspect surely is. Parenthe- and to their universities of the 1980's that far exceeds that tically, my own alma mater, The Catholic University of of their predecessors of a generation ago. I believe, how- America, has suffered grievously in that regard with an ever, that these same men and women might well agree endowment of about $25 million, far excelled by a that when the 272 winners of Guggenheim fellowships in number of select secondary schools in New England and 1986 numbered only two from Catholic institutions, elsewhere. Were I to be asked what has been the principal namely, The Catholic University of America and Seton deterrent to Catholic institutions achieving distinction on Hall University;26 that among the 123 Mellon Fellows in a scale commensurate with their number and with the the humanities granted this year by the Woodrow Wilson more than 52,000,000 Catholics who constitute roughly National Fellowship Foundation only three went to Cath- twenty-two percent of the population of the Republic, I olic institutions;' and that only thirteen out of 262 fel- would unhesitatingly say it has been due to a pervasive lowships granted by the National Endowment for the lack of love of learning for learning's sake. To be sure, it Humanities2sto name only three of the principal bene- is a national characteristic regardless of people's religious factors of those majoring in the humanities and the liberal affiliation. Were that not so the late Richard Hofstadter artsCatholics can hardly maintain that we have come could not have published his large volume entitled Anti- anywhere near to attaining the kind of rank so notably Intellectualism in American Life.' In that regard, alas, achieved by our coreligionists in politics, the professions, Catholics have been 110% American! Catholics have, in- and the business community. I readily concede that these deed, made their mark in politics, the professions, and in data do not offer complete and final proof of Catholic the world of business and finance; but when one turns to deficiency in this respect, but they do, it seems to me, the things of the mind the picture is much less impressive. supply sufficient evidence to prompt a serious probing as It is no recent phenomenon since it has characterized American Catholic life almost from the beginning. Thus =John Gilmary Shea, 'The Catholic Church in American History," in the year of the nation's first centennial, 1876, the lead- American Catholic Quarterly Review, I (January, 1876), 163-164. 24John Lancaster Spalding, 'The Catholic Church in the United States, 1776-1876, "Catholic World, XXIII (July, 1876), 451. =Andrew M. Greeley, Ethnicity, Denomination, and Inequality (Bever- ly Hills: Sage Publications, Inc., 1976), pp. 27, 71. z5David J. O'Brien, -The Summons to Responsibility," Commonweal, CXIII (June 6, 1986), 332-337. 21-The Chronicle of Higher Education, XXXIII (September 17, 1986), 34. The endowment figures published here were as of June 30, 1985. 26The Chronicle of Higher Education, XXXII (April 23, 1986), 8, 10. =Richard Hofstacher, Anti-Intellectualism in American Life (New York: 271bid., XXXII (April 2, 1986), 12. Alfred A. Knopf, 1963). 28Ibid., XXXII (March 19, 1986), 8-9.

8 11 to why 235 Catholic institutions of higher learning have tarnish the entire cause of objective investigation and made so relatively slight an impact in the nation'saca- undermine the credibility of research .."29 demic community. For the foreseeable future the task of the Catholicuni- Closely related to the achievement of academic excel- versities of the United States and of the world will bean lence and distinction is the imperative of scholarly integ- exacting and trying experience. Granted the obstacles rity. No exercise or activity in the academic world that that lie ahead, they are not insuperable andcan be over- makes unreal pretensions on the part of institutionsor in- come by a dedication to the ideals that brought these dividuals can add any abiding honorto reputation or universities into existence in the first instance. Those good name. The recent rash of colleges calling themselves ideals were spelled out by Pope Paul VI in November, universities, without the qualification for such, sails dan- 1972, when he received the delegates of the International gerously close to that defect. Fortunately, with theexcep- Federation of Catholic Universities and spoke in words tion of several Catholic institutions involved in serious that have lost none of their value in the interveningyears. athletic scandals, the Church's universities in thiscountry On that occasion the pontiff declare& have in good measure been free of the mountinginstances of fraud that have tainted the goodname of some Amer- The specific testimony expected of a Catholic univer- ican universities. sity...is to show concretely that intelligence isnever It was a point forcefully made by diminished, but is on the contrary stimulated and Jaroslav Pelikan in his splendid essay of 1983. He there strengthened by that inner source of deep under- spoke of the confidence that scholars must have inone standing which is the Word of cod, and by the hier- another, and of the confidence that othersare entitled to archy of values derived from it...In its uniqueway, repose in them and in the integrity of their work. "There- the Catholic university contributes to manifesting the superiority of the spirit, which can never, under pain fore it is almost impossible," he said, "toexaggerate the of being lost, agree to put itself at the service ofany- damage that can result from a breach of trust...itcan thing other than the search for truth.3°

29Jaroslav Pelikan, Scholarship and Its Survival. Questionson the Idea of Graduate Education (Princeton: The Carnegie Foundation forthe Advancement of Teaching, 1953), pp. 60-61. 30Pope Paul VI. 'New Tasks for Catholic Universities,"The Pope Speaks, 17 (1973), 356.

9 12 Some Aspects of Catholic Higher Education Since Vatican II

Ann Ida Gannon, B.V.M.

Last June, on receiving the invitation to address the In 1953, the Proceedings of the fiftieth annual meeting Catholic Commission on Intellectual and Cultural Affairs of the National Catholic Educational Association includ- I was immediately attracted by two of the questions pro- ed interesting reflections on past achievements of the col- posed for consideration: "How has the situation in Arner- leges and universities as well as some forecasts of the ican Catholic Higher Education changed since Monsignor future. The closing resolutions reflect a sense of prowess Ellis sparked the debate on Catholic intellectual life in the and security: mid-fifties?" and "How has the situafion changed since Graduate schools have realized and achieved distinc- the academic freedom and Catholic identity issues first tion. Universities have strengthened their faculties and emerged in the 1960's?" curricula. Colleges have expanded in number, capa- Since I had been active in Catholic higher education as city and excellence...Accreditation has become a professor or administrator during the periods involved matter of course. Membership in professional and learned societies, sustained research, scholarly publi- and had followed both topics with personal and profes- cations mark thequality of Catholic education sional interest, I decided to address those two questions. mothered by this Association. Representation on na- My file is full of correspondence and articles, my book- tional and international boards and committees indi- shelves witness to the abundance of material which has cate the Americanism of its members.' been published on those subjects, and my experience with many of the current generation of faculty and students Among the challenges listed were: "the fight against god- indicates that often much of the history which throws lessness and secularism...the challenge to find a leading light on discussions of the 1980's is either not known or place for the laity in our growing educational pattern, the not valued. It is strange for those who lived through the challenge for national and regional planning to make the heady period of the Second Vatican Council to realize best use of our resources and to avoid unnecessary and that such documents as Lumen Gentium and the Declara- selfish duplication ..."2 tion on Religious Freedom are little more than footnotes The Bulletin also included a report on a study spon- to many Catholics today. sored by the Association of American Colleges on the This paper, then, is a retracing of a journey through a nature of the Christian college, a topic which continued period of extraordinary changes in the church and cul- to be of major concern throughout the following decades. ture. For the most part, I have let the details speak for Existing attitudes toward change among these colleges themselves with the hope that something of the spirit were expressed in one quotation from a report of a meet- which brought us to this point in history may be recap- ing at Berea: "The crust of custom is so thick on the cur- tured by those who read them. The pioneer will know ricular pie and the slavery to ti Le accustomed pattern of how much has been omitted; perhaps those who come life is so unquestioned that it seems impossible to think in upon the details for the first time will seek out some of fresh terms and to prepare for leadership as a Christian in the lengthier treatments referred to in the notes. My own the modern world."' That curst was to be broken, in fact experience in traveling this road once again has been to crumbled, before the end of a decade. reawaken in me an awareness of the leadership exerted Two years later, in 1955, John Tracy Ellis challenged by Catholic administrators and scholars who, inspired by Catholic educators in his address to this organization. the spirit of Vatican II, blazed the trail. I am also aware The text, published in Thought, provoked discussion that the journey has only begun. INCEA Bulletin, Vol. L (August, 1953), p. 29. There is a "quaint" aspect to this identification of Americanism. For many contemporary faculty and students the problem of the Americanism of Catholics is andent Ann Ida Gannon is Professor of Philosophy and Archiv- historya history they know little about. James Hennesey, S.J. ist at Mundelein College. Her paper was presented at the (American Catholics, Oxford U. Press, 1981) provides an excellent Annual Meeting of the Catholic Commission on Intellec- study of the question. tual and Cultural Affairs, held at Fordham University, 2Ibid., p. 31. October 25, 1986. 3Ibid., p. 243.

10 1 3 across the country. Ellis documented the failure of Cath- his announcement of a second Vatican Councilan idea olics to 7:chieve prestige in American intellectual life,to which came to him like "the sudden flowering ofan unex- establish a strong Catholic intellectual traditionor to pected spring"seemed to promise an "opportune" time. even appreciate the vocation of the intellectual. Catholi': Murray had continued some of his writing and in the institutions betrayed each other, he said, in the establish- spring of 1960 Sheed and Ward published his book We ment of competing graduate schools, senseless duplica- Hold These Truths which defended the natural affinity tion of effort, perpetuation of mediocrity anda ghetto between religious liberty aunderstood in the United mentality." His talk ended, however,on a hopeful note: States and traditional Catholic doctrine. Timed toappear There has, indeed, been consideri4ble improvement before the presidential election, the book is credited with among American Catholics in the rvahn of intellectual furthering the success of John F. Kennedy. Murray's pic- affairs in the last half century, but the need formore ture was on the cover of Time in a December issue and energetic strides is urgent if the receptive attitude of Newsweek wrote: "Murray demonstrated in theory what more contemporary thought is to be capitalized upon as it should be. It is therefore a unique opportunity John F. Kennedy demonstrated in practice: that Amer- that lies before the Catholic scholars of the United icans and Roman Catholicism need no longer fear each States.' other." Fenton's review critically observed that Murray's Even while this challenge was being read in Thought, thesis was contrary to Papal teaching.' Ellis' friend John Courtney Murray, S.J.,was being ad- For our purposes, one insight into the impact of the Council may be gained by reflecting that Fenton hoped vised by his Jesuit superiors to end publicstatements on church-state relations because of the opposition which his that the Council would "present a clear and exactstate- writings had incurred from Cardinal Ottaviani and the ment of God's supernatural revealed message" and thus Holy Office (furthered by the attacks of Joseph C. Fen- check the onslaught of Modernism and Liberal Catholi- ton, editor of the American Ecclesiastical Review). Com- cism represented by such theologians as Murray. Hewas menting on the intellectual climate of the time, Pelotte one of the ten American periti at the first session of the wrote in his work on MItrray: Council(as personal adviser to Cardinal Ottaviani) whereas Murray was "disinvited".1° In the spring of 1963, By the end of 1954 the move to silence Murray and Murray was one of four "progressive" theologians who anyone else showing any kind of creativity was well were barred from student-sponsored lectures at The underway. Such an attitude only helped to reinforce the ghetto mentality so abhorrent to Catholic liberals Catholic University of America. However, about the here in the U.S....It was not that Pius XII disregarded same time he was invited by the Cardinal Secretary of completely the necessity to open up the Church to State (urged on by Cardinal Spellman) to bea peritus. modern day developments, as was the case with Pius His decisive influence in the drafting of the Declaration X...rather he was fearful that things would get out of on Religious Freedom is a matter of history. Fenton re- hand if he supported new trends.6 signed as editor of the Ecclesiastical Review the following The attitude of Murray's superiorcan be judged by an ex- Januarythe long feud was at an end." cerpt from his Provincial's letter: "I supposeyou may It would be difficult to include all of the ways in which write poetry. Between harmless poetry and the Church- the Council influenced Catholic higher education. The State problems what fields are taboo I don't know. We'll Declarations on Religious Freedom and on Christian Edu- try to keep out of controversy for the present."' A few cation, the Decrees on Ecumenism and on the Apostolate years later he wrote again: "I really think you must of the Laity, had a strong impact. The Pastoral Constitu- wait...and not expose yourself by trying to hasten it. In tion on the Church in the Modern World, which pro- the end what is correct in your stand will be justified. vided a challenging blueprint for the future, ismost fre- Meanwhile be content to stay on the sidelines unless the quently quoted in studies of the changes in che colleges hierarchy force you to play; deepenyour own position and universities. However, for this occasion,I have and be ready with your solution approved when theop- chosen to concentrate on Lumen Gentiura, the Dogmatic portune time comes...That is not coming in the present Constitution on the Church, because in this document is Roman atmosphere."' The election of Pope John XXIII in 1959, followed by 9Ibid., pp. 76-77. See also footnote 124, p. 73;pp. 172-3, nbid., pp. 108-9. Footnote 28 cleals at length with this topic. 4Pp. 374-5, Thought, Vol. 30, pp. 351-88. Reprinted in CatholicismIn America,ed.P. Gleason (New York: Harper and Row, 1970), 11Ib1d., p. 173. In his introduction to the Declarationon Religious pp. 115-132. Freedom, Murray wrote: "It was of course, the most controversial document of the whole Council, largely because it raised, with sharp em- 5Ibid., p. 388. phasis, the issue that lay continually below the surface of all conciliar 6Donald E. Pelotte, S.S.S., John Courtney Murray, Theologian InCon- debatesthe issue of the development of doctrine. The notion of flict (New York: Pau list Press, 1975),P. 51. development, not the notion of religious freedom, was the real sticking- p. 53. point for many of those who opposed the Declaration even at the end. The course of the development between the Syllabus of Errors (1864) 5Ibid., p. 59. Pelotte writes later: "In retrospect, McCormick'sinsistence and the Dignitatis Humane Personae (1965) still remains to be explained in his 1958 letter to Murray that he wait quietly until the "opportune by theologians. But the council formally sanctioned the validity of the time" would arrive and the "present Roman atmosphere" had changed development itself; and this was a doctrinal event of highest importance seems almost prophetic. The opportune time had come and Murray was for theological thought in many other areas." The Documents Of ready with a more clarified and refined position to renew the debatein a Vatican II, Walter M. Abbott, S.J., General Editor (New York: Herder climate more acceptable to what he was saying." (p. 174.) and Herder, 1966), p. 673.

11 14 found the profound change in describing the nature of the On this base is built the second chapter, the People of church which affected the whole thrust of the Council.' God which further highlights the communal aspect of the Up to this time in modern history the Church had Church. The heritage of the Church is the dignity and stressed her nature as Rockstrong, stable, unchanging, freedom of the sons of God in whose hearts the Holy enduring attacks, a pyramid with control based on juri- Spirit dwells; its law, the new commandment of love as dical powerand the average Catholic, with little inter- Christ loved us; its goal, the kingdom of God which will est in ecclesiology, was comfortable with certitudebased be brought to perfection at the end of time. All the faithupon this concept. The change expressed inLumen Gen- ful share in a common priesthood: tium did not immediately strike home; many of the faith- Though they differ from one another in essence and ful saw only the visible changes and not the new :heology not only in degree, the common priesthood of the of the Church (or, more accurately, tlie return to an faithful and the ministerial or hierarchical priesthood earlier ecclesiology). For others, however, E.e open, are noneth:--less interrelated. Each of them in its own often heated debate at the council, the strong dependence special way is a participation in the one priesthood of Christ. The ministerial priest by the sacred power he on scripture in the document and thedetermined efforts enjoys, molds and rules the priestly people. For their to arrive at consensus in the course of its development part, the faithful join the offering of the Eucharist by clearly showed the work of the Holy Spirit.' virtue of their royal priesthood. They likewise exercise The Constitution moved from a first version which that priesthood by receiving the sacraments, by prayer emphasized the Church's hierarchical organization to a and thanksgiving, by the witness of a holy life and by final text which began with the Church as mystery, sign, self-denial and active charity.15 community, manifesting her inner life through many im- The faithful also share in Christ's prophetic office: "The ages. The final version began not with the church's insti- body of the faithful as a whole, anointed by the Holy One tutional organization and hierarchical structure but with cannot err in matters of belief. ...when from the bishops the primary reality of her relation to Christ and the unity down to the last members of the laity it shows universal of mankind through Christ. The Church was identified as agreement in matters of faith and morals"." sacrament or sign of intimate union with God and of the Clarifying the concept of the People of God in his comunity of all mankind; she is the instrument for the achieve- mentary on this Constitution, Congar states that "a peo- ment of such unity; she is a People made one with ple is more than a collection of individuals without any the unity of the Father, the Son and the Holy Spirit. Fur- organic link with one another...it is a stable and struc- ther, she is not yet the perfected kingdom but the "initial tured group unqed for the purpos%2 of attaining Eie same budding forth of the Kingdom", a church which "slowly good."17 The notion of mission is a strong consequence of grows", strains toward the consummation of the king- being the People of God, consecrated to know him and dom with all her strength. She "shows forth in the world be his witness. It is this sense of community and mission, the mystery of the Lord in a faithful though shadowed stressed in the first two chapters of this Constitution, that way". With an enriched understanding of the traditional Gaudium et Spes developed more concretely: the Church doctrine of the Mystical Body, Lumen Gentium stressed is called to not only preach the word and celebrate the the role of Christ as Headit is He who brings all people sacraments but also to serve human needs in society and together so that they constitute his Body in a mystical culture; social, political, economic, scientific areas are way.14 also proper areas for her influence. Furthermore, this service is not merely a preparation for the teaching of the 12This is stated very well by Albert C. Out ler in his "Response" to Gospel but is itself directed to a transformation of the Lumen Gentium: "There are at least two decisive reasons why the world." Dogmatic Constitution on the Church may rightly be regarded as the masterpiece of Vatican II. In the first placeand strange as it may 13Abbott, Lumen Gentium #10, p. 27. seemthis is the first full-orbed Conciliar exposition of the doctrine of the Church in Christian history...Thus the Constitution on the Church lbAbbott, Lumen Gentium #12, p. 29. is important both in its own right and also as the Fundamentum of the 17Yves M.J. Congar, 'The People of God," in Vatican II, An Interfaith other fifteen documents of the Second Vatican Councilall of these rest Appraisal (Ntore Dame: University of Notre Dame Press, 1966), p. 199. back cn the Constitution on the Church as their foundation and each of 18Richard P. McBrien stated this idea in more detail in art address to the them in one degree or another, provides significant development for one and her ACCU (2/3/81): "A third major theological development at t1,2 Second or another of its major motifs. This emphasis on the church Vatican Council is the principle that the mision of the Church includes renewal for mission in the world is what gave Vatican II its most distinc- service (diakonia) to human needs in the social, political af.d economic tive character as a Council." Abbott, op.cit., p. 102. orders, as well as the preaching of the Word and the celebration of the J. Bryan Hehir (-The Unfinished Agenda", America, 11/30/85) sacraments. This principle is especially set forth in Gaudium et spes and writes: "For the issue of freedom within the church the key resources lio is reiterated in more abbreviated form in other documents of the Coun- in Vatican II's Dogmatic Constitution on the Church. The presentation IInotion of "pre- of the Church as the People of God, a charismatic community directed cil. The principle supplants the pre-Vatican evangelization," wherein such serviceis,or may be, a necessary toward service of the larger human community set a different tenor for preparation for the preaching of the 6ospel (evangelization), but is not the freedom/authority relationship..." (p. 392.) itself essential to the Church's mission in the same way as the preaching 13The ent of this Constitution was discussed at length at the itself or the celebration of the sacraments. This may have been the most post-conciliar conference at Notre Dame. Sessions IV, V, VI, and VII important ecclesiological change noted by the Council; namely, the considered various aspects: its history (Moeller), its relation to the move away from the idea that the mission of the Church is composed Fathers (deLubac), the Church as mystery and sacrament (Philips), as entirely of word and sacrament to the idea that the pursuit of justice and People of God (Congar), its hierarchical structure (Colombo) and the transform; ion of the world are a constitutive dimension of the others... preaching of the gospel." (-The Idea of a Catholic Universly", printed 14Abbott, Lumen Gentium #8, pp. 20-2; #5, p. 18. in National Catholic Reporter, March 27, 1981). 1 5 This approach to the Church's image of herself influ- lege and the pressing need to improve scholarship in the enced many aspects of Catholic life; higher education church, it concludes: was one of them. The call to dialogue with others of good will, the challenge to cooperate in developing and under- The scattered efforts of Catholic scholars have relatively little impact on the dominant tone .Df the main standing modem culture, the move from a juridical view secular universities. The character of the college is of the church to that of People of God with an emphasis largely set by institutional characteristics...Individual on the importance of the role of the laity in the mission of Catholic eff ,rts are more or less absorbed by the pre- the churchthese and many other ideas flowing from the vailing spirit of a secular institution. If the need for Council documents had a strong impact on Catholic col- Catholic influence on secular education is to be met, the means taken must achieve the concentration of ef- leges and universities.Being Catholic took on new fort and benefits of collaboration. They must wear the dimensions and could not be easily measured by certain armor of an institution. "p;_icticce. The relation of the Catholic colleges and uni- In 1964, the College and University department of the versities to the Church was placed, not in a juridical context but in one of a community bound together by a rela- NCEA, recognizing the challenge of the Council, estab- tionship of trust, collegial exchange and dialogue.'9. lished an advisory committee under the chairmanship of It would be an oversimplification of the forces influ- Paul Reinert, S.J., to supervise a study of the nation's encing development in the following years to ascribe Catholic colleges and universities with the help of a grant them only :.o the Council. Many other influences were from the Ford Foundation's Fund for the Advancement of Education. shaping culture and Catholic higher education during this The conclusions of the study (published in period; among these were the impact of Federal funding, 1968) identified needs which were to be of continuing the Horace Mann and the Tilton v. Richardson cases, the concern in the coming decades: adequate financing, the civil rights movement, the woman's movement, the role of religious orders, the nature of the Board of Trus- emergence of the laity and the dwindling in the number tees,lay/religious and institution/hierarchyrelation- of clerics and religious.' However, most important for ships, more formalized planning.' this review is the influence exerted by the spirit and docu- Many of the administrators who were interviewed in men's of Vatican II, and some responses to it. the course of the study stated that the emphasis of Those msponses appeared in many quarters. In 1963, Vatican II on the unity of the people of God and the basic Professor Marston Morse of the Princeton Institute of responsibility of all to work in a common effort had generated interest in dialogue and renewal: "The Second AdvancedStudiesjoinedwithMaritain,Day:son, Carleton Hayes, Murray and others to prepare a study of Vatican Council has impelled Catholic educators to the role of Citholic higher education for submission to undertake an intensive re-examination of its implications some archbishops.' The report stated that the "reaction for both the future form and function of Catholic institu- in Catholic academic circles to Monsignor Ellis' blunt actions of higher learning." They expressed the opinion that cusation was overwhelmingly in agreement". The overall problems of academic freedom, of strained relations be- purpose of the document was "to provide an institutional tween faculty and students or faculty and administration basis for the Catholic participants in the great dialogue were often caused by inaccurate or uncommunicated with other men of good will to which Pope John has sum- concepts of the nature of a Catholic institution and the moned the Catholic world, a dialogue only beginning rightsanddutiesofvariousgroupswithinthe which will need institutional structures to give it shape institution .24 and form." Aftcr listing five purposes of a Catholic col- A major issue recommended for continuing study was the necessity of developing a precise and operative definition of each institution in the light of documents from Vatican °Yves M.J. Conger, op.ct., pp. 199-200. Congar states: "Vatican II has The press found the ferment on Catholic campuses eliminated juriclicism in more than one way. In particular the Council gave a sacramental, ontological foundation to the powers of the hierarchy (the episcopate) and to the apostolic mission itself (priesthood apostolate of the laity). One of its most decisive steps in this direction was the chapter on the People of God..." 2zCharles E. Ford, and Edgar L. Ford, The Renewal of Catholic Higher Education (National Catholic Educational Association, Washington, 20In an interesting article on the history of the principle of academic D.C., 1968) p. vii-viii. freedom, Philip Gleason wrote: "It is true of course, that Vatican II and the spirit of aggiomamento have had a powerful impact on all American 23Ibid., pp. 1-27. One comment might be especially appropriate for this Catholics who are intellectually alert, and one may hope that includes paper: "An area of considerable mystery to those unfamiliar with the academic men and women as a group. Nonetheless, I think that the Catholic Church and of even more mystery to Catholics themselves, Council is the catalyst rather than the cause of the intellectual ferment so according to interviewees, is that of the relationship between a Catholic characteristic of the Catholic academic scene today. That might be bishop and the Catholic colleges and universities in his diocese, partic- debated. What is certain isthat intellectual changes independently ularly those controlled by exempt orders... There is no question that underway in Catholic higher education prepared.fertile soil in which the considerable attention needs to be given by Catholic higher education to new ideas and spirit of post-Johannine Catholicism could flourish." the establishment of better communication and understanding between (Notre Dame Alumnus, May, 1967, p. 19). the hierarchy and the institutions." (p. 14). 21The quotations are taken from a mimeographed text sent tome by 24Ibid., p. 21. Professor Morse. I have not seen references to this in print but I think 25Ibid., p. 20-27. "The first reason for the need of definition within that it is important in that a group of scholars took this private initiative Catholic Higher Education comes, therefore, from the Catholic Church and stressed the importance of institutional commitment. itself through the documents of the Vatican Council..." (p. 24).

13 16 worthy of headlines. One article from Look (April, 1966) tional setting. Wise administrators and mature teachers is a good example. Entitled "The Time Bomb in Catholic know how to avoid this pitfall."' Education" it stated: Speaking to the National Catholic Educational Associ- ation in April, 1966, Manning Patillo delivered the same In the end, the crisis at St. John's, like other clashes with authority which are becoming commonplace in rricsage: the American Catholic Church, is best understood as Catholic institutions need to develop better guidelines one of the less happy consequences of Vatican II and for the maintenance of freedom In my judgment, its aggiornamento, or updating. The Council has this is the most urgent problem facing Catholic higher called for change in almost every area of Catholic life. education today...I see no way in which Catholic It has offered thrilling new ideas of freedom and lay institntions will be able to avoid the challenge of theo- participation and new understandings of the concepts logical questioning in the next few years.29 of authority and obedience. But the Council wrought its revolutionary changes on the level of idea and theory. The forms and structures of the Church re- The problem was addressed in various ways in the fol- main essentially the same. lowing months. At Notre Dame the executive committee The working out of new forms and relationships is the of the local chapter of AAUP planned a symposium on Church's major task today and from the evidence academic freedom; the resulting papers were issued in a coming in the task will be accomplished only with volume Academic Freedom and the Catholic University great effort and, it seems, pain.26 in 1967 and the Notre Dame Alumnus magazine pub- In 1966, also, the report of a study initiated by the lished versions of some of the articles with an introduc- Danforth Foundation in 1962 was published. It examined tion which stated: "Academic freedom in all its forms has the status of all church-related institutions.' Among come under extensive fire in recent years...Today, most other facts it pointed out that from the faculty point of alumni accept the fact that the universitymore than view "the central problem of Christian higher education ever beforeshould be a community of free scholarly in- is: How can a college do justice to its avowed purpose as quiry. But more than that, alumni must know the prob- a Christian institution, a purpose which carries with it a lems inherent in the issue of academic freedom and commitment to a set of beliefs, and at the same time understand their ramifications maintain the freedom of inquiry which most academic people think is nececsary for good education? This is a 28Ibid., pp. 204-5. The history of the acceptance of academic freedom in dilemma that every college, whether religiously oriented Catholic institutions is relatively short: "Before the 1960's there was a widespread feeling among college and university educators in general or not, ultimately faces." It continues: "The chief obstacle and among Catholic leaders in these fields that the Catholic institution to accomplishing this reconciliation is the tendency of of higher education was incompatible with the full or absolute academic many people to treat commitment or freedom as abso- freedom existing in American institutions of higher education. Some non-Catholic educators accepted the Shavian dictum that a Catholic lute, thus making them mutually exclusive in an educa- university is a contradiction in terms. Sidney Hook affirmed that academic freedom does not exist in Catholic institutions... From the 26Richard Horchler, 'The Time Bomb in Catholic Education", Look, Catholic side before 1960 there was also general agreement that full Vol. 30, #7, April 5, 1966, p. 24. academic freedom could not exis:in Catholic institutions... The The article quotes Rosemary Lauer's view that churches and univer- incompatibility between Catholic colleges and full academic freedom sities don't mix, that the trouble lies with the "organization". He sug- was accepted as a matter of course... In the 1960's great changes oc- gests that the incompatibility lies not between freedom and the Church, curred. Catholic scholarly organizations began to endorse the 1940 but between freedom and a church identified essentially with its hier- Statement..." (Charles Curran, "Academic Freedom: The Catholic archy... Later in the article he comments: 'The final paradox of this University and Catholic Theology," Academe, April, 1980, pp. 127-8). situation is that in the judgment of Catholic educators who have moved For a survey of attitudes toward autonomy in Catholic institutions farthest in response to [the changes] it, the real crisis for Catholic educa- see, J.T. Ellis, "A Tradition of Autonomy?", in The Catholic University, tion lies far beyond clericalism, lay control, freedom or even academic A Modern Appraisal, Neil G. McCluskey, Ed. (Notre Dame: University excellence. What haunts them is the thought that even if Catholic of Notre Dame Press, 1970), pp. 206-270. schools are able to solve their problems in these areas, they will have on- 29Patillo,-The Danforth Report and Catholic Higher Education," ly brought themselves face-to-face with another which is: Why should mimeographed copy of the address delivered at the 63rd Annual Con- Catholic colleges exist at all?" (p. ZS). vention of the NCEA, April 13, 1966. On October 11, 1966, the Federation of Regional Accrediting Com- He also noted: -The Second Vatican Council has encouraged a new missions of Higher Education (later to become a part of the Council on spirit of freedom and constructive criticism. This is reflected in Audent Postsecondary Accreditation) unanimously adopted a statement on and faculty attitudes. The place of the lay faculty member is a particu- institutional integrity which included the statement: 'The maintenance larly vexing problem that is coming more and more to the fore in many and exercise of such institutional integrity postulates And requires institutions.., the composition of the Board of T.-ustees in Catholic insti- appropriate autonomy and freedom... put negatively, this is a freedom tutions is another question receiving new attention... The common from unwarranted harassment which hinders or prevents a college or practice in institutions conducted by religious communities of having university from getting on withits essential work...Intellectual boards composed of religious superiors and senior members of the staffs freedom does not rule out commitment; rather it makes it possible and of the institutions is being widely questioned..." personal. Freedom does not require neutrality on the part of the indi- 3°The Notre Dame Alumnus, May/June, 1967, p. 15. The introductory vidual nor the educational institution... All concerned with the good of article asked: colleges and universities will seek for ways to support their institutional Can there be academic freedom in a church-related college or integrityandtheexerciseoftheirappropriate autonomy and university? Our answer is "yes." The further realization of freedom..." (Bulletin of the American Council on Education, Vol. XV, this possibility depends on a careful understanding of relig- #38, pp. 6-7). ious commitment as demandingnot the continual reformu- 27Manning M. Patillo, Jr. and Donald M. Mackenzie, Church Spon- lation of a predetermined "truth' butfree and open inquiry sored Higher Education In The United States, Report of the Danforth in all areas of scholarship..." Foundation, American Council on Education (Washington, D.C., See also, Academic Freedom And The Catholic University, Edward 1966). Manier, John W. Houcq, Ms. (Notre Dame: Fides Press, 1967).

14 Murray began the last article published before his similar dynamic at work on the question of ecclesial death, ("Freedom, Authority, Community", America, freedom. Vatican II developed the content of the Cath- 12/3/66) with the words: "Some people today speak of a olic perspective on freedom and authority by shifting 'crisis of authority' in the Church; others speak of a 'crisis the context of the theological argument. For the issue of freedom within the church, the key resources lie in of community' ...Vatican II did not create the crisis; its Vatican II's Dogmatic Constitution on the Church. roots are deep in the past. But the Council brought the The presentation of the Church as the peoplr of God, crisis into the open." Considering freedom within the a charismatic community directed toward service of Church, he continued: the larger community, set a different tenor for the freedom/authority relationship. To use Murray's sum- Even the essential Christian experience of obedience to mary of the shift from Leo XIII to Vatican II: "In con- the authority of the Churchis it not somehow io be trast, Vatican II comes to the notion of the church as an experience of Christian freedom in the evangelical society through the notion of church as community. sense? This is the question not directly touched by the Authority therefore, stands, as it were, within the Council which now commands serious theological community, as a ministry to be performed in the serv- consideration in the light of the doctrine of the Council ice of the community...the functions of Christian free- and of its spiritinderd in the light of the Council dom emerge into new clarity, in themselves and in their itself as a splendid "event freedom" iv the a:going relationship to the corresponding functions of authority. life of the Church.' The new clarity radiates from the notion of the church as community, now made newly luminous."33 He spoke in a similar vein at the post-conciliar conference held at Notre Dame: If these and other discussions and publicationson academic freedom provide evidence of the interest which I believe that the problem of freedom within the the topic aroused in the United States, the extended dia- church is onc of the theological implications of the Declaration on Religious Liberty...Having declared logue between the International Federation of Catholic religious freedom in the civil and religiow order, we've Universities and the Sacred Congregation for Catholic got simply to face up to the problem of freedom within Education is an excellent example of the spirit with which the church. I see no reason why, mutatis mutandis the the discussion was can-ied out world-wide. Rereading the principles of the Declaration itself, notably the dignity various documents which were issued by Cardinal Gar- of man and that there be as much freedom as possible and only as much restriction as necessary, should not rone, the Prefect of the Congregation, the statements also be valid within the church as well as within civil which emerged from various meetings and the history of and social society.' the dialogue asitis described in various ways by Writing in the issue commemorating the twentieth McCluskey, Henle and Hesburgh,one captures some- anniversary of the Declaration on Religious Freedom, J. thing of the new spirit in the Churcha spirit which Bryan Hehir analyzed the reasons why Murray had not reflects the openness and the patient search for consensus tried to extend the Declaration itself to the inner life of the so visible at the Counciland a new awareness of the church: diversity which characterizes the church universal. In 1949, Pius XII had established the Federation of He maintained this position for reasons of both prin- Catholic Universities with a juridical relation to the Con- ciple and tactics. Tactically, Murray was convinced gregation of Seminaries and Universities. World-wide, that the crucial objective for the council was to clear the air in a definitive manner about Catholic convic- seventy-one universities were members (since the role of tions on the right of religious freedom for everyone... colleges in the United States was not recognized, they To enter the question of freedom within the church were not eligible for membership). An early attempt was would have meant expanding the agenda and, per- made to require all Catholic universities to be canonically haps, losing the possibility of clarifying in principle the basic question that the world had put to the Catholic Church. In addition, Murray argued as a matter of principle that the questions of freedom in civil society 3J. Bryan Hehir, 'The Unfinished Agenda", America, November 30, and freedom in the Church were quite distinct issues. 1985, pp. 387, 392. Also in that issue is an article by Charles M. There was undoubtedly a relationship between them, Whelan, 'The Enduring Problems of Religious Liberty", which analyzes Murray's development of ideas in We Hold These Truths. Considering but the mode of argumentation had to be analogical. the development of Murray's thought he writes: "Murray recognized a One could not simply apply the same concepts to the perennial polarity between freedom and authority in the church but he two issues without further clarification. believed that the tension could be made healthy and creative... At the heart of Murray's views on religious freedom lay his extraordinary Commenting further on Murray's article,"a tightly grasp of the meaning of the freedom of the act of faith.., respect for designed dissection of Catholic teaching on freedom from this freedom animated his dealings with others." (p. 372). Pope Leo XIII through Vatican II", Hehir continued: 341 have used many sources for details in the development of this dialogue: my own files which include documents from the Congrega- It took from Leo XIII to Vatican II to recast the Cath- tion, NCEA materials, various articles from the period. Neil G. olic argument on religious liberty, and Murray saw a McCluskey's The Catholic University, A Modern Appraisal, published in 1970, covers the period from 1965 to the first congress of elected delegates and includes the texts (with participants) of the 1967 Land O'Lakes statement, the Kinshasa document of 1968 and the Rome state- 31America, December 3, 1966, p. 734. ment of the 1969 Congre. The articles written by two others who also participated in the discussion were most helpful: "Catholic Universities 32John Courtney Murray,S.J.,"The Declaration on Religious and the Vatican" (America, 4/9/77) by R.J. Henle, S.J. and 'The Freedom," in Vatican II, An Interfaith Appraisal (Notre Dame: Univer- Vatican and American Catholic Higher Education," (America 11/1/86) sity of Notre Dame Press, 1966), p. 581. by Theodore M. Hesburgh, C.S.C.

1518 erectedinthe manner common to most countries. Simple and straightforward the document might have Hesburgh describes the situation: been, but at the Kinshasa meeting in 1968 when it was We had a constitution that put us entirely under the discussed together with documents prepared by three control of what was then called the Congregation of other regions, it was faced with strong opposition from Seminaries and Universities (in that order!). We were those who considered the statement on autonomy and constantly being told that only Catholic universities freedom to be "outlandish" and "dangerous". Some with a pontifical charter were true Catholic univer- granted that perhaps in the American milieu such atti- sities. Everything was seen from a strictly juridical tudes might be necessary but questioned if such institu- point of view. De facto was a victim of de jure.35 tions could be truly "Catholic"; "the apologetics of Trent Hesburgh was elected President of the Federation in often seemed to clash with the ecumenism of Vatican II.' 1963; for .various reasons, the Congregation invalidated The group was so divided that a committee was estab- the election and announced a plan to establish a special lished to discuss the problems. They discovered that the commission to rule the Federation for the next three understanding of many terms, especially autonomy, dif- years. Appealing directly to Pope Paul VI, Hesburgh was fered widely from country to country. They submitted a able to have the election of officers confirmed and also draft to the assembly which was amended again to omit obtained approval of a new constitution which estab- the statements on autonomy and freedom and on the op- lished the Federation as a voluntary self-governing asso- tional ways of manifesting institutional commitment.' ciation independent of the Congregation. Meeting in Many left the meeting discouraged; one happy out- Tokyo in 1965, the Federation adopted as its theme for come, however, was the effort undertaken by Cardinal the next triennial meeting the exploration of the nature Garrone, Prefect of the Congregation, who, on January and role of the Catholic university.' 10, 1969, sent a questionnaire to all Catholic universities The first preparatory discussion in the United States concerning their aggiornamento in the light of the Sec- occurred in July of 1967 at Land O'Lakes, Wisconsin. ond Vatican Council". The questions included some that Here a group which included administrators, bishops, had surfaced at the IFCU Kinshasa conference: What is some Roman authorities and some laymen (no women) the place of non-Catholic professors and students in a produced a formal summary of their discussion, the first Catholic university? What should be the role of the laity Land O'Lakes Statement. The College Newsletter of the in the direction of the Catholic university? What can or National Catholic Educational Association published it should be the relation of the Catholic university to the under the heading: "Statement on Autonomy and Aca- local bishop, the episcopal conference or to the Holy See demic Freedom," identifying it as a preliminary discus- relative to its establishment, approval or governance?' sion paper limited to the treatment of universities (not With the questionnaire was sent an invitation for the colleges) in preparation for the 1968 IFCU meeting. universities to elect delegates for a meeting in Rome (the The statement on autonomy was clear and forthright: first of its kind) with representatives from the Congega- tion. In April, 1969, thirty-nine delegates from 22 coun- The Catholic university today must be a university in the full modern sense of the word with a strong com- tries assembled in Rome. McCluskey wrote: mitment to and concern for academic excellence. To As at Kinshasa, here began a mutual education which perform its teaching and research functions effectively bared the same astonishing differences in educational the Catholic university must have a true autonomy philosophy. It likewise became increasingly clear why and academic freedom in the face of authority of what- serious misunderstandings between Vatican bureauc- ever kind, lay or clerical, external to the academic racy and certain American Catholic universities in the community itself. To say this is simply to assert that area of academic freedom were simply inevitable.' institutional autonomy and academic freedom are essential conditions of life and growth and indeed of Three commissions worked on the final paper. The survival for Catholic universities as for all universities.' report of Commission I opened with an introduction that The statement also listed the distinctive characteristics 38McCluskey, p. 9. 'True autonomy and academic freedom in the face of a Catholic university: it "must be an institution, a of authority of whatever kind, lay or clerical, external to the academic community of learners or a community of scholars in community itself" was a huge morsel to swallow for a number of the assembled brethren whose philosophy of education was shaped in a which Catholicism is perceptibly present and effectively more traditional context. Speaker followed speaker to warn (frequently operative." The operative presence is to be achieved by a in Latin) against the "false" autonomy or "absolute" autonomy and to group of scholars in all branches of theological disciplines defend the need of the Catholic university to depend on the magisterium "essential to the integrity of the university." Interdisci- of the Church." 39McCluskey, pp. 10-12. A doctoral dissertation at Catholic University plinary dialogue is encouraged and the university is seen in 1936 (Sister M. Angelica Guinan, Freedom And Authority In Educa- as the "critical reflective intelligence" of ihe churchcar- tion) provides an interesting insight into the roots of misunderstanding rying on a continual examination of all aspects of the of autonomy. Tracing the principle of Liberalism as embodied in the Declaration of the Rights of Man which championed liberation from church and objectively evaluating them. church and all other forces which hampered man's freedom, she shows its influence on early higher education in the United States. 35Hesburgh, op.cit., p. 247. 4eMcCluskey, p. 14. See also, Document De Travail, Position Pater, 36Ibid. p. 248. (Typis Polyglottis, Vaticanis, 1969). The preliminary observations con- 37NCEA College Newsletter, Vol. XXX, #1 (9/67) p. 3. (Also reproduced cerning the nature of the document provide a brief history of the process in McCluskey, op.cit., pp. 336-41. McCluskey and John Walsh, CSC to date. (pp. 6-7). coordinated the plans for the meeting. 41McCluskey, p. 15.

16 1 9 indicated the world-wide need for re-examination: "The perform its teaching and research functions effectively university world of today is characterized by a general the Catholic university must have a true autonomy and profound dissatisfaction with its professed functions and academic freedom. Nor is this to iirmly that the university is beyond the law: the univetsity has its and goals: the pursuit of truth." Among the reasons iden- own laws which flow from its proper nature and tified was: "Everywhere, but especially in developing finality:* countries there is a feeling that a new age has begun. The age of unquestioning subservience, of colonial depen- The delegates accepted the final document without dis- dence has passed. The times demand the assertion of indi- sent and left the Congress with a sense of achievement. The following October, the plenary session of the Con- viduality, the development of the personality, theexercise of an inalienable right to equality of opportunity and gregation considered the Rome document, added their status...".42 observations and submitted them to the Pope forap- Commission III dealt with three points which had been proval. Cardinal Garrone circulated this 1969 Rome State- of major concern in earlier discussions: the essential char- ment to all colleges and universities, inviting comments: acteristics of a Catholic university, the different kinds of The present document which ensued as a result of this Catholic universities, autonomy and ecclesiastical rela- work by the delegates constitutes the first part of a dia- tionships. le-gue bz.tween the Congregation and Catholic Univer- shies. Tht Coro7egation intends to submit this docu- Since the objective of the Catholic university, precise- ment to the next Plenary Assembly of its members (43 ly as Catholic is to assure in an institutional manner a Cardinals and Bishops) for intensive study; in the light Christian presence in the university world confronting of the recent ecclesiastical documents: The Dogmatic the great problems of contemporary society,the Constitution Lumen Gentium, the Decree Christus following are the essential characteristics: Dominus; the Pastoral Constitution Gaudium et Spes; the Declaration Gravissimum educationis; the Allocu- 1. A Christian inspiration not only of individuals but tion of H.H. Paul VI to the International Congress on of the community as well. the theology of Vatican II, October 1, 1966; the docu- 2. A continuing reflection in the light of Christian ment elaborated by the Synod of Bishops on the faithupon the growingtreasureof human Magisterium, 1967. The conclusions of the Assembly knowledge. will subsequently be communicated to the Universities 3. Fidelity to the Christian message as it comes to us witl: a view to continuing the dialogue under the most through the Church. favorable conditions of frankness and reciprocalcon- 4. An institutional commitment to the service of fidence.' Christian thought and education. Something of the time-consuming nature of the dia- In the light of earlier discussions, a most important state- logue which followed is evidenced in the letter from Car- ment followed: dinal Garrone (May 10, 1972) which submitteda new Alluniversitiesthatrealizethese conditions are text for discussion. The letter listed the many steps that Catholic universities whether canonically erected or had been taken in collaboration with the presidents in the not. The purposes of the Catho ::1-.. university can be preparation of this 1972 "Grottaferrata" document. In pursued by different means and modalities according to diverse situations of time and place, and taking seri- referring to the 1969 text from the first Congress he ously into account the different natures of the disci- writes: plines taught in the university.* The document that resulted from this meeting was In recognizing that there are different kinds of univer- placed under study by the Cardinals and Bishops, sities the text stated that: "It would be futile to attempta members of the Plenary Assembly of the Sacred Con- univocal approach to the contemporary challenges and gregation for Catholic Education, who praised various problems of our institutions of higher learning...two aspects of the work done by the delegates and who en- basic categories can immediately be discerned: those institutions which have a juridical bond to Church authority in one form or another and those which do 45This long section covers pp. 13-16 in the English translationand not."' discusses A) The autonomy of the university with two subheadings: I. Philosophical and theological principles relating to the Autonomy of the The section c, ',utonomy and Ecclesiastical Relation- University, and II. Pradical Considerations; B) Pastoral Concerns ships" included ; tof the statement from the Land which refer to the special kind of community which Catholic institutions form within a diocese. Olakes documen-id carefully described the philosophical and theological p, nciples which bear 46Position Paper, p. 6. McCluskey (op.cit) discussed this Assemblyat upon the mean- great length (pp. 15-23). He described the end of the meeting: "therewas ing of autonomy it exF:essed: a certain nervousness among congregation officials about the publicity the document might gain but objection disappeared after itwas agreed The Catholic university today must be a university in that its nonofficial nature would be stressed. Therewas a sense of the full, modern sense of the word, with a strongcom- achievement among the delegates as they prepared toreturn to their mitment to and concern for academic excellence. To own countries, but any elation they might have had was tempered by the almost certain surmise that sections of their work which treated of relationships to church authority would be unacceptable to most of the forty-three cardinals and eight bishops who were to meet in October for 42Position Paper, p. 17. the plenary session of the congregation. The important advance, 43Ibid., p. 12. however, was that Vatican officials had begun to listen... Moreover, the new leadership of the Congregation for Catholic Education had 44Ibid, pp. 12-3. demonstrated a genuine desire for dialogue..." (p. 22).

17 20 couraged a continuation of the joint work between the Five pages of observations from the Congregation were Congregation and the Catholic universities with a submitted with the February Grottaferratatext.In view to improving the text of the document in a subse- general the Congregation praised the effort: "The out- quent meeting.47 come, namely a reformed and enriched text, indicates a Then the Cardinal lists the cooperative activities that had desire, on the part of all concerned, to promote the taken place in considering the text: his meeting with the Catholic University in the historical and cultural situa- executive Council of IFCU in January, 1971 which recom- tic,n of today, difficult and complex under so many mended a symposium to set out the points to be discussed aspects." It refers to one of the chief problems: at the general meeting; the symposium in May, 1971 con- The Project also attempts to take more fully into con- firming the need to have another meeting of delegates as sideration the problem of the relationship between the a continuation of the 1969 Congress; the planning of Catholic University and theEcclesiasticalMagis- regional meetings in the fall of 1971 to discuss the 1969 terium. It should not be surprising, however, if in a document. matter so delicate and difficult, the Sacred Congrega- Each of three regional meetings sent a document (iden- tion, on its part, thinks that some deeper consideration tified by the place of the meeting: Land O'Lakes, is still needed.5° Caracas, Grottaferrata) to the Congregation, which con- The "consideration" dealing with this section ('The Rela- sidered all three but directed its chief comments to the tionship with the Hierarchy of the Catholic Church") in- Grottaferrata document. In February, 1972, the Council volved a revised text of two and a half pages.' and the Committee of IFCU met again at Grottaferrata to These and other comments were discussed by the Sec- discuss these comments of the Congregation and to revise ond Congress which met in Rome in November, 1972. the document to reflect some of those views and return Henle describes the spirit of the meeting: the statement to the Congregation: The second congress was remarkable for its candor This text the Congregation has again subjected to a and frankness, for the sincerity and determination of careful study making use of the opinions of various ex- its discussants and for its complete openness and free- perts and proposing certain observations, especially dom. There were even some violent moments in the about the serious and delicate problem of the relation- arguments. Much of this frankness was made possible ship of freedom of teaching and research on the one by the cordial communications of Cardinal Garrone, hand and of the responsible role of the magisterium of prefect of the Sacred Congregation for Catholic the Church on the other.' Education, and the delegates and the expert chairmanship of Herve Carrier, S.J., then the president of the This text was circulated with the announcement of a federation. No one could possibly say that he or she second Congress of elected delegates for November, 1972 was denied full freedom of expression or that any rele- to discuss the revised Grottaferrata document. The Car- vant topic was summarily suppressed.52 dinal describes the spirit of the work: A major outcome of this meeting was the establishing of The fine definition of a Catholic University set out in a joint committee of representatives of the National Con- the text constitutes not only a fundamental and per- ference of Catholic Bishops and of presidents of Catholic manent reference for a resolution of the particular universities to continue the spirit of collaboration in the problems which are present in the context of the docu- United States. ment; it expresses above all the goal to be pursued, the common and final object of the labor and the will of At the conclusion of the Congress, the delegates asked all, that is, the progress of the truth of the faith and the that the text be publicized without any censorship or reign of Christ ...The position and the mission of revision. The document, The Catholic University in the members of the universities and those of ecclesiastical Modern World, was mailed to all Catholic institutions authorities are different but serve the same end. There- from Cardinal Garrone's office before it was reviewed by fore, naturally the accent will not be placed on the same point by both sides: a university can be legiti- the Congregation; a special issue of the NCEA College matel} jealous of its freedom, needed in research for Newsletter (March, 1973) published the complete text instance, and authority, on its side can be legitimately (with a brief historical background). concerned not to be impeded in the exercises of its seri- On April 25, 1973 the Cardinal wrote once more to the ous responsibilities in matters of faith. Each must heads of the Catholic institutions notifying them that the understand and accept the point of view of the other and not be amazed or irritated at certain matters. A Plenary Assembly of 37 Cardinals and Bishops had met compromise is not what is treated of here, but a col- and approved the document and that on April 6, 1973 the laboration that is trusting and generous from which Holy Father had approved their actions. will come a complementary relationship.49 The Congregation made three major observations: 1) 47Sacra Congregatio Pro Institutione Catholica,Prot. N. 1511/68, The Fathers praised the delegates for the improvement in Rome, 5/10/72, p. 1. McCluskey comments: 'The responses given in the document but noted two lacunae: the necessity for the Results of the plenary session are friendly and sincere, tactful and each institution to set out formally its character and com- intelligent, pastoral and paternal. Happily gone is the old tone of condemnation, reproof, and threat. Unhappily, on the critical issues of wObseruations of the Sacred Congretation for Catholic Education on autonomy and academic freedom, the responses are in direct opposition the Project of the Document prepared by the Council and the Commit- to the position paper unanimously adopted by the delegates to the Rome tee of the Interntional Federation of Catholic Universities during the Congress." (p. 23). meeting held at Grottaferrata-Rome (February 3-5, 1972) (#3). 48Ibid., p. 2. 51Id. 491d. 52Henle, op.cit, p. 317.

18 21 mitment as "Catholic" and "the necessity forevery The section on "Relations with the Catholic Catholic university to create within itself Hierarchy" appropriate and highlights the service to the Church provided byCatholic efficacious instruments so as to be able to put into effect institutions, a hope for encouragement andsupport from proper self-regulation in the sectors of faith, morality and the hierarchy and the need to maintaina "delicate discipline". 2) The document should be considered as "a balance" between the autonomy of the universityand the whole" espedally in theareas dealing with autonomy of responsibilities of the hierarchy. It takesnote of the teaching and research. Institutions withno statutory Church's rights vis-a-vis the university and looks bonds to ecclesiastical authority espe- are not removed from cially at the dialogue between the theologian,the hierar- "those relationships withtheecclesiasticalauthority chy and the magisterium: which must characterize all Catholicinstitutions." 3) The Fathers offered their "cordial gratitudeto the Catholic They must be free to question, to develop their universities for the enlightened dedication with which hypotheses, to search for more adequate interpreta- tions and formulations, to publish and defend their they give so much to the Church andto society as a views on a scholarly level, and to study theological whole..."53 sources, including pronouncements of the teaching Hesburgh later wrote that the documentwas reason- Church, with the full freedom of scholarly research. ably effective: "because while it didnot fully satisfy (#56) either the university worldor the Congregation, we came Recognizing that it has not always beeneasy to recon- to a reasonable agreement regarding whata Catholic uni- cile the rights of Catholic scholars to academicfreedom versity is, both de jure and de facto, and managedto spell and the responsibilities of the hierarchy inmatters of doc- out a relationship between universities and Catholic hier- trine, the document makes specific recommendationsin archy that assured academic freedom andinstitutional regard to interventions by hierarchical authority: autonomy on our part and due consideration for the preservation of Catholic orthodoxy on their part."' There is a deiicate balance to be maintained between the autonomy of a Catholic university and the This 1972 Document settled some importantpoints responsibilities of the Hierarchy.. ...This new dimension, which had been under discussion throughoutearlier namely the doctrinal authority with the right and duty meetings: the diverse types of Catholic institutionswere to safeguard orthodoxy, creates a complicated and recognized (#14); the long disputed question ofjuridical delicate situation by reason of the convergence oftwo relation to the Vatican was settled in favor ofrecognizing soiztes of knowledge: revelation, a divine gift to be existing varieties: carefully protected, and science, the fruit of human reflection and research ...(52) While every Catholic university's fidelity to the Chris- This dialogue between theologians and the Hier- tian message as it comes to us through the Church in- archy demands truth and sincerity from both parties, volves a recognition of the teaching authority of the in a mutual love of Christ and acommon desire to Church in doctrinal matters, nevertheless different hand on His saving message. (54) institutions have different relations to ecclesiastical History shows us that it has not always beeneasy to authority, since these have been determined andcon- reconcile the rights of Catholic scholars to academic ditioned by many different historical and national freedom with the rights and responsibilities of the situations. (They] ...are no less Catholic, whether by Hierarchy in matters of doctrine. Without inany way a formal, explicit commitment on the part of their pretending to offer a complete solution to this compli- founders, trustees or faculty, or by their implicit tradi- cated problem, we make the followingstatements in tion of fidelity to Catholicism and their corresponding the conviction that it is of vital importanceto the uni- social and cultural influence. (#15) versities and to the whole Church that the respective limits of these equally undeniable rights be clearly For the first time, the role of undergaduate colleges delineated. (57)% and other special types of institutionswas recognized In his thoughtful reflection on the document, Henleex- (#18). Most important, from the viewpoint ofthe ques- pressed hope that "the 1972 Roman document should tions posed at the beginning of this be paper, was the recog- regarded as a finalization of basic positionsat least for nition of the proper role of autonomy and freedomin the the foreseeable future" and that continued exploration university, the type of autonomy recommended in the of theory would be carriedon through collaboration of the Tokyo Conference in 1965; the text listed theareas in- hierarchy and educators in each country (rather volved: Juridical, Academic, Administrative, and than Finan- with the Vatican). He sketcheda strategy for future coop- cial, and closed with the statement: 'Theexercise of eration which included a suggestion that 'The Sacred autonomy entails special obligations, andpresupposes a high degree of responsibility Congregation should frankly accept the principle that on the part of all university truly Catholic universities need not be juridically personnel..." (#20-21).55 cr obe-

53Sacra Congregatio Pro Institutione Catholica,Prot. N. 1511/68, 56This whole section is an important part of theongoing dialogue. It Rome, 4/25/73, pp. 1-2. states that hierarchical authority should intervene only when "thetruth 54Hesburgh, op.cit., p. 248. of the Christian message is at stake" and that thestatutes of the university and accepted academic procedures should be respected (#58).The 55The Catholic University In The Modern World,Congress of Delegates form of intervention should vary according of the Catholic Universities of the World, Rome, November to the type of Catholic insti- 20-29, 1972. tution involved and self-regulation by peers is recommendedas a first English, xeroxed, translation from the Congregation. Also printedin Col- step with no juridical intervention by the hierarchy unless statutory rela lege Newsletter, Vol. 35, N. 3, 3/73. Referencesare to the numbered sections of the document. tionships permit it. (#59) It closes with a hope for fruitful dialogueand collaboration between university personnel and the bishops.

19 22 diently dependent on ecclesiastical authority", and that who represent the Church's magisterium, chiefly the the Sacred Congregation should not publish any docu- bishops, arid those who speak in behalf of university autonomy, mainly faculties and administrators. Here, ment, any "normae" that appear to be official directives parenthetically, is where the document drawn up in to the universities. He also expressed the opinion that the Rome in November, 1972 may prove helpful...59 congregation"should maintain aclose and cordial relationship with the universities through informed con- Ellis was troubled by the "schizophrenia" in Catholic university communities "by reason of the claims made by tact with educational leaders and joint committees" and their dual allegiance to religious faith and to academic makes further suggestions for mutual cooperation.' autonomy" and ascribes it in part to "a reluctance to face The final version of the document had not yet been circulated when Commonweal published an article by John frankly and openly the institution's religious commitment." Lacy Ellis: ''/Inerican Catholicism in an 'uncertain, anx- The...universities must, it seems to me, move with ious time" (Ap,i1 27, 1973). After discussing the confu- dispatch toward a clarification of their position as sion and uncertainty that "now bedevils the Catholic institutions that will reflect, respect, and if need be, defend that minimum of essentialtruths without community" he suggested a partial explanation: which they can scarcely in honestly call themselves While the genuinely informed Catholic teacher never Catholic universities...In conclusion, may I suggest explicitly taught that the Church had an answer to for those Catholics who still care, and their number is every question, often the atmosphere that prevailed in legion, that they recapture the vision of their religious Catholic schools from kindergarten to university was belief by reading again Newman's "The Second conducive to that assumption on the part of most stu- Spring" where a renewal of hope and courage awaits dents...Lacking an emphasis on the mystery that is them in the timelessness and universality of that involved in much that pertains to one's religious unique churchman's perception of the faith in sorrow beliefs,students and mature Catholics alike were and in joy, in prosperity and in adversity.60 prone to rest content with the teacher's or the cate- The concern for "identity" continued to be a topic for dis- chism's ready answers as quick and comfortable solu- cussion in the various articles and discussions which took tions to their religious problems. When ...there broke on Catholic consciousness the unsettling fact that the place in these years.° Church did not have answers to all questions, that The dialogue on freedom and autonomy also con- there are questions to which no human source can sup- tinued. In June of 1975, Cardinal Garrone once more apply an answer, confidence in the Church's reliability proached the colleges and universities to request them to began to crumble ...55 comment on a new document which was to be addressed Returning to the theme of his 1955 essay he noted that to canonically erected institutions. In response to the although there has been some progress, many of the troubled query about the impact of the proposed state- problems he had identified still persisted. In addition, he ment on colleges and universities in general he assured now had further concerns: the decline in the number of those institutions, in January, 1976, that this new docu-. colleges, of seminaries, and of students enrolled in them ment did not apply to "the generality of Catholic univer- posed a threat to the continued existence of many institu- sities as such nor those seminaries which have not been tions. Of even greater concern were the need for greater canonically erected into Faculties". The Association of understanding oftherelationbetweeninstitutional Catholic Colleges and Universities prepared a national autonomy and the role of the magisterium, and the de- response addressed to the Congregation and published it mand for renewal of fidelity to Catholic commitments on in April, 1976. the part of many universities: This position paper, "The Relations of American Cath- I am not concerned, however, with the "agonizing olic Colleges and Universities with the Church", ad- reappraisal" that these constant and rapidly changing dressed itself to the specific nature of American Catholic circumstances are forcing on schools of every level, institutions. The tone of the document was set in the Catholic and non-Catholic alike. It is rather with the Foreword: relationship of the former to the Church under whose auspices they first came into existence and with which It is not intended to be a final description but only a their history has identified them, a problem of at least current assessment of a dynamic relationship.Itis equal seriousness to that of the uncertainty of univer- therefore the latest effort to enrich the on-going discus- sity enrollment and finance...Allowing for the haunt- sion of the role filled by Catholic institutions in the ing problems connected with finance and declining community of faith which is the Church. Although student enrollments, however, the sequence of events this document is not final, it is neither timid nor tenta- has seen a shift in these institutions' emphasis in the 1970's to a more precise focus on their character as 69Ibid., p. 181-2. educational enterprises that have traditionally been affiliated with the Catholic Church...Thus since the p. 184. close of Vatican II a series of happenings in American 61The 11 erature abounds in examples of the search for definition and identity. A few examples can be cited: NCEA College Newsletter, Catholic university circles has pointed more and more Vol. 35, 6/73: Herve Carrier, S.J., "Does the Church Really Need toward the necessity for working out an understand- Catholic Universities7"; Origins, Vol. 4, #33, 2/6/75, Archbishop Ber- ing or accommodation of some kind between those nardin, "What Can the Church Expect from Catholic Universities7"; Momentum, 75th Anniversary issue of NCEA, October 1979, John F. Murphy, "Catholic Higher Education in the U.S., the Janus View". Issues 67Henle, op.dt., p. 319. of the Newsletter of the NCEA during this period carried many articles 58Commonweal, p. 179. on this topic.

20 23 tive. It strongly affirms the commitment American 1980, therefore, ACCU arranged for a meeting to discuss Catholic educators have to their Church and to their independent colleges and universities. two major topics: the relevance of Sapientia Christiana (issued by Pope John Paul in May of 1979) to universities The paper summarized the variety and number of in general and the proposals for the revision of carton law. Catholic institutions, gave a clear description of the legal Theapostolicconstitution,SapientiaChristiana, structures and accreditation procedures which affect which established norms for ecclesiastical universities them and described Catholic identity in terms of service and faculties, ranged over such areas as academic free- to society and the Church, theological studies, leadership dom, ecumenical programs, and details for the treatment in ecumenism and similar activities. It listed majorcon- of the rights and duties of faculty and students. Itre- cerns (survival, public support, constitutional law issues, quired that the statutes of each institution be submitted to Catholicity). The section on "Relationship with the the Congregation for approval, that those teaching disci- Church" addressed the role of the bishops (and acknutql- plines concerning faith and morals must receive a edged the support of American bishops), the types of "canonical mission" from the chancellor of the tmiver- relationshipswith adverse comments on the notion of a sky, and that to achieve the highest tenured rank a candi- juridical relationship in the American contextand the date must have a nihil obstat from the Holy See (#27).64 loyal and supportive attitudes of the institutions: Some of its provisions raised concern among members We hope that itis evident that itis precisely our of the IFCU. Cardinal Baum, Cardinal Garrone'ssuc- loyalty to the Church and our dedication to its doc- cessor, was represented by the Subsecretary, Monsignor trine that leads us to prefer a relationship of service to Marcisano at the session presided over by the Chair of a juridical relationship with the official Church as the the ACCU Board of Directors, Monsisnor Frederick recommended way to relate Church to university and college in the United States at this point in our McManus, who presented the report of his Board. Later, history . . . Inappropriatecon trolandsupervision in October, 1980, Marcisano sent a letter restating the procedures could weaken if not destroy the very insti- fact that Sapientia Christiana did not apply to "Catholic tutions which are seeking to strengthen their unique Universities" and that: service to the Church and American society. Our Congregation is well aware of the special situation The position paper closed with an appeal to the Congre- regarding the Catholic university in the United States gation to recognize "our knowledge of how to administer of America. We are certain that none of our interven- Catholic institutions in the context of the Americansys- tions would ever prejudice its activity since it is the tem of higher education and in close collaboration with wish of this Congregation to help and sustain those the American Bishops."' whose work is not easy but most important in education at the level of the College or University.65 In the meantime, canon law was undergoing revision for the first time since 1917. In 1977-8 the first draft of However, on the issue of canon law, the Congregation the revision (the portion affecting Catholic higher educa- stated that this was not their concern but was that of the tion) was circulated to Catholic colleges and universities Commission on Canon Law. for comment. Once more, the Association of Catholic The ACCU report to IFCU on the canons relevant to Colleges and Universitiesestablished a process for Catholic colleges and universities,noting thatthese research and dialogue. A special sub-committee of canon canons are distinct from those on ecclesiastical faculties, and civil lawyers met with the Executive Committee to questioned the need for the new canons since ACCU "has assist them in analyzing the relevant canons, a new sec- already taken the position that the ministry of higher tion of the Code entitled: "Concerning Catholic universi- education in the Church can best be achieved as a part of ties and other institutions of higher studies." Thesum- the Church's mission without the development of juridi- mary of their discussion was sent to Cardinal Garrone, to cal or canonical bonds." It objected especially to twopro- all United States Catholic colleges and universities and to posed canons in the 1977 version: the General Secretary of the United States Catholic Con- #59: No university may bear the name "Catholic ferenceiNational Conference of Catholic Bishops. The university," unless it has been erected by the Apostolic Bishops and Presidents Committee reviewed anden- See or by the conference of bishops or has been dorsed ACCU's position. The office of the USCC/NCCB granted this name by the Apostolic See or by the Conference of Bishops. sent a copy to Rome with other comments of the #64: Those who, in any kind of institute of higher edu- American bishops on the proposed Code.' cation, give courses in theology or courses related to When IFCU met for its regular meeting in August of theology require a canonical mission.66 After explicitly developing reasons for objecting to these 620ccasional Papers on Catholic Higher Education,"Relationof American Catholic Colleges and Universities with the Church", Position two, the report continues: "The Board of our Association Paper of the College and University Department, NCEA, Vol. II, sees this external inter7ention in the appointment of 1, April, 1976. teachers as perilous to the academic integrity and the civil 63-5tate of the Question... Revision of Canon Law," Memorandum, AliceCollin,O.S.U.ExecutiveDirector, ACCU, 2/27/81.This memorandum provides a resume of activities from 1977 to 1981, in- 64The text of Sapienta Christiana is printed in Origins,Vol. 9, #3, cludes in Appendix A, a report of the consultation with canonists in 6/7/79, pp. 33, 35-45. 1978 and, in Appendix B, the Report submitted to IFCL1 in 1980, with a 65Quoted in ACCU Memorandum, pp. 1-2. copy of the 1980 revision of the relevant canons. 66Memorandum, Appendix B. pp. 1-2.

21 24 and academic recognition of our institutions...In point Progress toward dialogue, mutual relationships and of fact the Catholic purposes of our institutions have understanding seemed assured after the publication of the been substantially strengthened in recent years...pre- bishops' pastoral. The Bishops and Presidents Commit- cisely because we have avoided the development of for- tee, established after the Second Congress, continued to mal juridical bonds with church authorities."' serve as a helpful liaison for furthering the kind of mutual Discussion continued in the United States. In the fall of support suggested in the pastoral. But the proposed 1980, a new schema of Canon Law was circulated; the canons continued to raise issues which had seemed to be Bishops and Presidents Committee, with the help of settled by the long dialogue which had culminated in the canon lawyers and the Executive Committee of ACCU 1972 document: juridical relations to the Church, proper agreed upon a position paper which recommended cer- autonomy, academic freedom. tain amendments and deletions to the proposed code. However, some of the influence of that dialogue in the This report was sent to Cardinal Baum and in January of United States was evident in the new Code of Canon 1981, the Executive Director of ACCU, Alice Ga llin, Law, a Text and Commentary commissioned by the O.S.U. and the Chair of the Board, Monsignor McManus Canon Law Society of America which was published in met with Cardinal Baum in Rome to discuss the serious 1985. Chapter II of Section III on the "Teaching Office of impact of the proposed canons on American Catholic the Church" (cc807-814) included a long introduction higher education. The Bishops and Presidents Committee the text of a memorandum drawn up by McManus in and the ACCU Board reviewed the matter in February.' August, 1983 and circulated by ACCU to all Catholic In November, 1980, the American bishops issued their college presidents. The article restates the distinctive pastoral, Catholic Higher Education and the Pastoral nature of American Catholic institutions and their collab- Mission of the Church, which opened with an expression orative relations with church authorities. It continues: of gratitude and esteem for those in this ministry and recognized the enormous importance of Catholic institu- The question of the applicability of the canons to the Catholic colleges and universities in the United States tions. The bishops acknowledged thatthepastoral has other important facets: dimension is only one aspect of Catholic colleges and uni- First, it is evident chat the canons are designed for versities and referred with approval to the 1972 statement systems of higher education in situations considerably of the Congress of Delegates as well as the 1976 ACCU different from those in North America...The Cath- response to the proposed text for Sapientia Christiana, olic institutions in the United States in order to satisfy noting that the response: "describes how Catholic col- the nature and purpose of higher education, follow the leges and universities function in the American context. distinctive American pattern...This pattern differs so greatly in style of academic governance and in cultural This pastoral message need not restate all that in detail and social dimensions from the European system of but it does reaffirm the intellectual importance of Cath- higher education thatitisseriously questionable olic colleges and universities in the modern world".e9 whether the canons are indeed applicable in the United The Bishops dealt in great detail with the identity and States. A second and related element is the purpose of mission of the institutions, the importance of the liberal Canons 810 (#2) and 812 which seek to assure the in- arts and theology in the curriculum, and the relation of tegrity of Catholic teaching. The historical back- theologians and bishops: ground of such legislation, and specifically the back- Bishops and the theological community share a mutual ground of "canonical mission"...is found in nine- but not identical responsibility to the Church...Con- teenth century efforts to protect the Church's teaching scious of our different roles in the Church, and also of office and the freedom of teachers of theology from the hostile interference of civil states and secular polit- our mutual responsibilities, we seek a fruitful cooperation with theologians...We encourage the universities ical control. To the extent that this is the purpose of to develop ways which will bring bishops and theolo- the law, it has no application at all in the United gians together with other members of the Church and States... the academy to examine theological issues with wis- Still another, and third, consideration has already dom and learning, with faith and with mutual charity been suggested by the absence of formal juridical and esteem. We shall all need to recall and to work for tiesin most instancesbetween the American post- that "delicate balance...between the autonomy of a secondary institutions and church authorities. The Catholic university and the responsibilities of the hier- revised Code of Canon Law has refined the definition of institutions which are considered as having juridical archy." There need be no conflict between the two.'° personality at canon law, namely, as subjects of The pastoral closed with an appeal for support of Cath- canonical rights and obligations (see c.113 #2)...None olic higher education and commended "all who are of the Catholic colleges and universities would be con- undertaking the renewal of Catholic higher education as sidered a public juridical person .In other matters, also, even apart from the canons on Catholic higher part of the renewal to which the Holy Spirit through the education, the institutions are not touched directly by Vatican Council has called the whole Church." canon law...The aforementioned considerations are 67Ibid . sound and have led some to the conclusion that the canons are inapplicable to most American institutions 68Memorandum, p. 2. of higher education?' ° Ca tholic Higher Education and the Pastoral Mission of the Church (Washington, D.C.: United States Catholic Conference, 1981), p. 3. 7IThe Code of Canon Law, A Text and Comnwntary, Commissioned pp. 7-8. The quotation from the 1972 Document was appreciated by the Canon Law Society of America, J.A. Coriden, T.J. Green, D.E. by those who had worked so hard to draft it! Heintschel, Ed. (New York: Paulist Press, 1985), pp. 571-577.

22 25 McManus is careful to point out that such a position does Ellis' challenge of 1955 had been a prelude toa far greater not "diminish either the need to examine the canons care- development than even he, great historian that he is, fully or the significance of the ministry of higher educa- could have foreseen. In the dialogue with educational tion within the Church... this does not contravene in any leaders from other countries, they hadcome to recognize way the right to academic freedom which the canons ex- that there were other patterns, other ideals that influ- pressly uphold in accord with the explicit teaching of enced the patterns of Catholic education. Within the Vatican II (cc809, 218)72 United States there were also strong differences about the Some of the commentaries on the canons in this section relation of the universities to the Church, about academic reflect the continuing concern of American institutions: freedom and autonomy. Twenty years isa very short (On #808) It is difficult to imagine very many Catholic period in which to change habits of thought rootedin colleges or universities in the United States requesting centuries, and the literature of the period reflects the the permission suggested in this canon. Most such nostalgia for the past and the impatience with thepace of institutions are already confident in their Catholic change which characterize any period of rapid change. identity. And the canons do not have retroactive effect; an institution which used "Catholic" in its title On April 15, 1985, a proposed Schema fora Pontifical before November 27, 1983 is not subject to the new Document on Catholic Universities was distributed by provision!' the Congregation for Catholic Educationas a "pure (On #810) In treating of the appointment and removal working instrument, to be assessed with impartiality of teachers in Catholic colleges and universities in from every point of view." It stated: "With the apostolic paragraph one the revised code canonizes the statutes constitution Sapientia Christiana on April 15,1979, of the institution. It respects the legitimate autonomy norms for ecclesiastical universities and faculties were of each academic setting. _Earlier drafts of the second issued... The time is now opportune for the provision of paragraph provided that bishops could remove teachers for reasons of faith or morals. The deletion of that a new pontifical document for issuing analogous norms provision is most worthy of note. It was removed as for Catholic universities and faculties."' both unnecessary and inappropriate, an improper Reaction to the Schema ranged from astonishment that external intervention in the internal affairs of an insti- the work of the past 20 years seemed to have been tution of higher education.' ignored, alarm on the part of those who becameaware of (on #812-requirement of a mandate) This tersenew the dialogue for the first time, to support from the canon caused more apprehension and provoked more Fellowship of Catholic Scholars. Once more, the ACCU opposition during the drafting stages of the revised Code than probably any other provision of the law. took leadership in organizing the dialogue. A question- The requirement of an ecclesiastical mandate to teach naire was distributed to college and university presidents theology is found nowhere in the 1917 Code nor in the and a synthesis of the responses prepared by Sister teaching of the Second Vatican Council. It originated Gallin, the Executive Director, was sent to the Congrega- in Gennany in 1848 when the hierarchy was struggling tion, and appeared in Origins (Vol.15,#43) for April 10, to retain some control over the teaching of religion in the newly secularized schools. When the canon was 1986. Since another paper at this session is dealing in proposed in the 1977 draft of the revised code it raised detail with this discussion (which is still in progress),I a storm of opposition in North America. The ACCU, will only note that the ACCUsummary is an outstanding the Catholic Theological Society of America and the example of the growing stature of Catholic higher educa- "Bishops and Presidents Committee" all made strong tion in the United States. representations for its deletion...This concern was carried by prelates from Canada and the United States Theologian Richard McBrien, in an addressto ACCU, to the Code Commission, and in person to Pope John summarized the task of Catholic higher education in the Paul II by delegates of the Association of Catholic Col- Church of Vatican II: leges and Universities (audience of March 2, 1982). Concern remains at such a level in North America that As we continueto move theologically,ifnot the United States and Canadian bishops are being canonically, away from an exceedingr.y clericalized, urged to request an indult dispensing the territories hierarchically-oriented concept of ar.: Church, Cath- from the obligation of #812. (Note: the long discussion olic higher education will increasingly recognize that of this canon deserves fuller treatment; basically, it matters of orthodoxy and ecclesiastical discipline have argues to the ambisuity of the meaning and applica- to be resolved in the context of wider, more complex tion of the canon).7b processes of reflection, argument and consensus- building. This is not at all to suggest that the Church December 7, 1985 marked the twentieth anniversary of of the 1980's and beyond will be a Church without theDeclarationonReligious Freedomyears of papal and episcopal supervision, but only that the dialogue, debate, growth, change. Catholic institutions Petrine and episcopal ministries will be perceived of higher education had been forced to reexamine their increasingly and more profoundly as ministries to and for th:: community rather than ministriesover the nature, their changing roles, their failures and successes. community. Furthermore, that communitythanks in no small part to the work of our several institutions is, and will be, an increasingly well-educatedcom- 72Ibid., p. 572. munityof reasonablysophisticated andcritical 731bid., P. 573. adults... A Catholic college or university which 74Ibid., p. 574. 751131c1., pp. 575-6. 761145, p. 708. Origins, Vol. 15, 1143, 4/10/86.

23 2 6 yields too quickly to ecclesiastical pressures sins not stitutions in the United States and to appreciate the only against good ecclesiology but against the integrity historicalfoundationsofdifferingviewsinother and maturity of faith of its own people.' countriesit has blasted the ghetto mentality. In seeking Rereading the inspiring words of Lumen Gentium and to obtain understanding from the Congregation on the Declaration on Religious Freedom we understand Catholic Education, American Catholic educators have with new clarity that the ideal is hard to realize and slow reached a better self-understanding, insights into both to reach fulfillment. A building can be quickly razed by a achievements and failures. The challenges of the Second blast or a demolition crew and be rebuilt accordingly to Vatican Council forced us to forego easy answers and the the plans of a single architect by placing brick on iden- security of simple solutions. They have forced us to face tical brick. A People, however, is very different; united honestly the complexities and ambiguities, the pain, of by a common love, even by a hope for the same end, its our times. members may differ inculture,outlook,abilityto As we continue the dialogue on autonomy, freedom change, pace of change. They will be radical, liberal, pro- and the role of our institutions we might be sustained by gressive, moderate, conservative, ultra-conservative and the final written words of John Courtney Murray: each will want to be heard. Often they will use the same The skeleton remains; the classical conception of the words but with different meanings; they long for dia- vertical relationship of authority and freedom. But it logue but are upset when differing views emerge and are needs to assume a more Christian and therefore more loyally defended; they espouse community but some- human form by standing forth in the living flesh and times are really seeking uniformity. A People will never blood that is the Christian community. More ab- stractly,theverticalrelationshipof command- be tidy, neat, submissive but if it is truly a People the dif- obedience needs to be completed by the horizontal ferences will not divide but will enrich the whole. relationships of dialogue between authority and the These and many other insights have come to the sur- free Christian community. The two relationships do face in the Church emerging from Vatican II. If we are to not cancel but reciprocally support, each other. This more adequate understanding of the ecc1esial be effective in truly forming a People of God, in uniting relationship does not indeed dissolve the inevitable the whole world in peace and love, we must continue the tension between freedom and authority. But by setting dialogue with patience and trust. The dialogue on this perennial polarity within the living context of Catholic higher education is only a small part of the comunity, it can serve to make the tension healthy and whole. It has taken much time and energy and has fos- creative, releasing the energies radiant from both poles for their one common task which is to build the be- tered good will and understanding among many diverse loved community.' groups. It has forced Catholic educators to come to a deeper understanding of the unique nature of Catholic in-

'Richard P. Mc Brien, op cit. ThAmerica, 12/3/66, p. 741.

24 2 7 How Bishops and Theologians Relate

Most Reverend James W. Malone

I am grateful for the opportunity of being part ofyour the Pastoral Constitution on the Church in the Modern celebration and eager to share in a continuingconvena- World reflect the centrality of the theme of freedomin tion which I believe is essential for the church todaythe the council. Correlatively, the Dogmatic Constitutionon dialogue of bishops and theologians. To contributeto the Church manifests both a reaffirmation of the central- this dialogue. I propose to examine the period from ity of authority in Catholic ecclesiology andan effort to Vatican II through the synod of 1985 by focusingon the root authority in its biblical basis of a form of serviceto theme of freedom and authority in the church withspe- the wider ecclesial community. cific reference to its meaning for bishops and theologians. During the council, the freedom-authority relationship Accordingly, I will address three questions: 1) freedom was analyzed, discussed and debated throughout the and authority in the Catholic Church, the conciliar church. Authors of different persuasions would empha- legacy; 2) freedom, authority and theology, thepost- size one side of the equation or the other, but thescope of conciliar experience; and 3) bishops, theologians and the the debate was a wide-ranging ecclesial reflectionon two church, the future agenda. central ideas of Christian faith. In his 1964 Mc Geary lec- The Conciliar Legacy ture, "Reflections on Conscience and Authority," the then-Bishop John Wright of Pittsburghwent to some In 1985 the whole church had an opportunityto recall lengths to stress the positive function of authority in the and reflect upon the event of Vatican II. The preparation church. Taking as his guide Father Yves Congar's dictum for the 1985 synod in Rome stimulated a significant body that for bishops "power is responsibility and authority of analysis and commentary on the council and its teach- service," Bishop Wright wrote: ing. The conciliar experience is defined in terms ofsome key themes. Externallythe church ad extrathe central 'This means that authority is not only establishedto ideas involved an opening to the world, a broader dia- regulate, to order, to control and, on occasion, to forbid...it also means what is usually muchmore impor- logue with the Christian churches anda new dialogue tant and urgent, namely, that authority is given to in- with the great world religions. Internallythe church ad spire and to encourage the initiatives of others, as does intrakey ideas were the concept of the people of God, God by his grace."2 the collegiality of the episcopacy and the role of the laity To complement such reflections on authority, other in the church. authors pressed an expanded role for freedom within the Running through both the process of engagement with church. In his inaugural lecture in the United States in the world and the project of renewal within the church 1963, Father Hans Kung attracted large audiencesacross was the theme of freedom and authority in the church. the country with his analysis of "the church and The phrase "freedom and authority" became symbolic of freedom." In themes which reflected both the splendid the conciliar experience and of the post-conciliar efforts event of freedom occurring in Rome and the cultural tra- to implement the teaching of Vatican II. The symbolic dition on freedom in America, Kung said: significanceofthefreedom-authorityquestion was rooted in the substance of the teaching of Vatican II. In "Freedom in the church always has to bewon over and the last article of his life, Father John Courtney Murray, over again....The realization of freedom inthe church s a task of decisive importance: How is the SJ,described the council as "a splendid event of church with her message of freedom to be regardedas freedom."' Both the Declarationon Religious Liberty and credible by men if she does not show herselfas a dwelling place of freedom'?"3 Most Reverend James W. Malone is the Bishop of Youngs- town, Ohio, and President of the National Conference of The quotes from Bishop Wright and Father Kung catch Catholic Bishops. The present textwas delivered at a some of the spirit of conciliar debate on fraedom and June, 1986 symposium marking the 25th anniversary of authority, a debate which spilled out from the council the graduate theology program at Marquette University and into lecture halls, classrooms and journals through- and was originally published in Origins, Volume 16: 2Bishop John J. Wright, "Reflectionson Conscience and Authority: the Number 9 (July 31, 1986). Mc Geary Lecture," The Critic, 1964. 'John Courtney Murray, "Freedom, Authority and Community," 3Hans Kung, "Freedom and the Church" in Freedom Today (Sheedand America, December 1966. Ward, 1964).

25 2 8 out the Catholic world. The pertinent documents of the The Post-Conciliar Experience council provided the ideas and issues for the post- To assess the bishop-theologian relationship in the conciliar engagement with freedom and authority. Every light of freedom and authority, it is necessary to say a level of the church from the papacy to the parish has been word about the role of theologians in the conciliar era. part of the freedom-authority debate and drama. The council was the work first of the Holy Spirit, second Twenty years later, I find in two articles a guide for the of the bishops who participated in it and third of the conciliar and post-conciliar attempt to state a contempo- theologians who prepared the way for the teaching of rary Catholic understanding of the value and roleof Vatican II and who helped shape the specific content of freedom and authority in Catholic life. The first is John that teaching. The role played by theologians was strik- Courtney Murray's 1966 article in America, "Freedom, ingly symbolized by the Mass Pope Paul VI concele- Authority and Community"; the second is Avery Dulles' brated with the leading theologians at the close of Vati- 1985 article in Commonweal, "Authority: the Divided can II. Around the altar were Yves Congar, OP, Henri de Legacy." The significance of these articles is not that they Lubac, John Courtney Murray, SJ, and many others definitively answer the question of how freedom and most of whom had been silenced for part of their theolog- authority are to be balanced, but they do analyze what is ical careers and had lived to see their work vindicated by at stake for the church and Christian life in finding the the council. In human terms, it is difficult to think of right relationship of freedom and authority. Vatican II's achievement without the patient, meticulous Dulles illustrates precisely how the council reaffirmed scholarshin of these theologians throughout the first half and strengthened key elements of authority in Catholic of this century. polity. The episcopal and papal offices have, if anything, The central role of theologians continued into the post- been affirmed with new vigor by the Dogmatic Constitu- conciliar period. Biblical scholars helped bishops and lai- tion on the Church. While the conciliar teaching on col- ty, preists and religious understand how the historical- legIality has broadened the scope of episcopal participa- critical method would illuminate the mysteries of the tion in decision making, Dulles shows how both Paul VI Scriptures, not erode their majesty. Moral theologians and John Paul II have acted in highly personal ways, grappled with a range of questions from marriage to exercising papal prerogative in teaching and governance. nuclear war, all foreshadowed in the Pastoral Cor stitu- The value of Dulles' analysis is that it shows both how tion on the Church in the Modem World. No area of the Vatican II opened new perspectives on decentralizing church's life, from liturgy to ecumenism to social minis- authority and yet left in place patterns of leadership try, was untouched by the theological renewal which had which guarantee strong centers of authority within both contributed to Vatican II and was enhanced by it. Catholic polity. Precisely because of the vitality of theology in these Murray recognizes the essential role of authority in years and because of the speed of the theological renewal Catholic teaching and life, but argues that the freedom- some strains inevitably developed between the academic authority equation exhibits an imbalance, which is the requirements of freedom and the pastoral necessities of rroduct of the post-Reformation period. He finds in the order in the church. The post-conciliar period has been theology of Vatican H the potential to emphasize per- marked by an extraordinary degree of collaboration be- sonal and institutional freedom without eroding the tween bishops and theologians. It has also known its Catholic understanding of authority. His article,to share of conflict. From contraception to Christology, which I shall return later in this lecture. constitates a from ecclesiology to ethics, the episcopal magisterium blueprint for recasting the freedom-authority themes. and the theological community have experienced the Such an effort, he argues, must be seen in ecclesiological, clash of mind on mind in the search for what the Lord not political, terms. As Murray describes the task: calls us to be in the wake of Vatican II. Inevitably, in an "This more adequate understanding of the ecclesial age when religion, and particularly Catholicism, has relationship does not indeed dissolve the inevitable become a prime interest in the media, the conflict has tension between freedom and authority. But by situat- received more attention than the collaboration. ing this perennial polarity within the living context of As a bishop, I have benefited from the collaboration, community, it can serve to make the tension healthy and I have known some of the pain of conflict. Trying to and creative, releasing energies mdiant from both poles for their one common task, which is to build the learn from both, allow me to sketch my view of the con- beloved community." tent of the theological enterprise and the context needed if theological work isa proceed fruitfully. Both Murray and Dulles view the working out of this By the content of the theological task, I refer to those perennial polarity of freedom and authority as a task characteristics which I hear theologians saying shape involving the whole church and touching every relation- their work and which I find most significant as a bishop ship within the church. No relationship is more complex in need of solid, creative theological assistance. My short in this context than correlating the rights and responsibil- list of what should characterize Catholic theology today ities of bishops and theologians as they seek to build the is that it should be ecclesial, experiential and scientific. beloved community. Theology is an ecclesial discipline. It serves a community of faith. The dynamism of faith moves inexorably 4Murray, "Freedom, Authority and Community." from issent to the word of God to a continuing quest for

26 29 deeper understanding of what my assent means and how Gospel in the sanctuary. The council, I believe, provided it relates to the wider world of human knowledge and a spirit and substance for theology which is both ecclesial human affairs. Theologians serve theecclesial com- and experiential in character. The post-conciliarengage- munity by providing it with systematic reflection about ment of the church in the worlda process which has questions of the meaning and relevance of faith which had reverberations around the globeis grounded in the every believer must answer for himself or herself. We all ecclesial-experiential theology of Vatican II. ask ourselves or others what it means to believe and what As a bishop in an episcopal conference which has difference "the Christian fact" makes in the world; but devoted substantial time and energy to the place of the theologians not only ask these questions, they are parti- church in the world, I can testify to the irreplaceable role cularly prepared to help the whole community of faith of the theological enterprise. The pastoral letterson peace answer them. and the economy drew extensively on the work of theolo- Theologians, to use a commercial analogy, are not self- gians. The public dialogue which surrounded the drafting employed; they live in the ecclesial community and their process and the task of interpreting the letters to a multi- work is a public function for the community. A church plicity of audiences would have been impossible without devoid of theologians or a church which fails to respect the resources and personal engagement of the theological the theological enterprise forfeits itssense of identity and community. its potential for witness in the wider society. The scientific character of theology becomes important To say that theology is ecclesial does notmean that it is precisely because of the need the church hasto make its properly done only in seminariesor church-related insti- beliefs intelligible to an increasingly educated community tutions. Theology today cart be ecclesial and still bepur- in this country and to the wider public. Iuse science here sued in a multiplicity of settings. But wherever the work as St. Thomas described theology "as a science." I choose is done there should be, in Catholic theology,an ecclesial the term to highlight the need for Catholic theologynot foundation for it and an ecclesial significance to it. The only to provide meaning for those in the community of wider community of the church needs theologians if faith faith, but also to provide an interpretation of faithin the is to be intelligible and relevant. The theologian needs the intellectual and cultural world ofour day. community as a point of reference for his or her work,as A scientific theology will be at home in the university. a source of questions and commentary, and as a constit- It is clearly not the case that faithcan be reduced to one uency which manifests the meaning of the word of God more academic discipline, but it is the case that a Catholic by the quality of its witness in the world. vision of faith deeply respects the role of reason. A scif.-- The relationship of the theologian and the community tific theology will refleci: the pattern which Father Walter highlights the experiential character of theology. The- Burghardt has described as Origen's theological style: 1) ology is rooted in the word of God, but the word took recognizing the rights of reason; 2) acquiring a sweeping shape in history and it must be continually relatedto the range of knowledge; 3) relating the new with the old, the specific character of the history of eachage and culture. secular and sacred; and 4) incorporating both rational The experiential character of theologywas classically knowledge and the wisdom of faith in intelligent love. stated in the phrase from Vatican H whichsays, 'The In sum, I believe theology must be ecclesially at home church has always had the duty of scrutinizing the signs in the church, experientially at home in the world and of the times and of interpreting them in the light of the scientifically at home in the academy. To develop the- Gospel" (Pastoral Constitution on the Church in the ology with this content, theologians requirea specific Modern World, 4). context for their work. It is that context I now wish to "Scrutinizing the signs of the times" means being sensi- describe. tive to the experience of the Christian communityas it The context for fruitful theolocal reflection, Isug- seeks to live the Gospel. From the conciliar documents, gest, is summarized in the title of Father Murray's article: through the theology of liberation to the consultation of "Freedom,AuthorityandCommunity." Theology the U.S. episcopacy on peace and theeconomy, the effort should have a relationship to all three terms. of post-conciliar Catholicism has been to begin with Freedom is a necessary condition for scholarly work. experience as a first step toward understanding the call of This is art accepted principle in other disciplines, and it is God in history. The effort means probing the personal true for theology as well. The freedom needed is the quest for meaning and the public questions of justice, space to follow the logic of a scholar's research, to state peace and freedom. The experiential emphasis in theol- the case for one's findings, to have unhinderedaccess to ogy is one illustration of how the theologian serves the the comments of others and to benefit from their criti- wider community. The theologian listens to the experience cisms. Freedom is not a luxury in an academic setting; it of the church, reflects upon it in light of the Catholic tradi- is !!.o.: presumption upon which the style of academic life tion and offers the community the fruit of this reflection isfounded. Obviously therearespecialconditions to guide its future actions. governing the pursuit of theology as an ecclesial disci- The ecclesial and experiential dimensions of theology pline; the demands of public order in the churchare real are related; theology serves the church in order that the and legitimate. But there is no reason in principle why church may serve the world. An ecclesial theology which the accepted standards of academic freedom shouldnot lacks an experiential edge risks isolating thepower of the be observed in the study of Catholic theology.

27 30 Because it is an ecclesial discipline, theology should be church, which is both a community of believers and a joined to the concept of authority in the church. Interest- social institution called to contribute responsibiy to the ingly, Father Murray argued that "the first function of welfare of the world. Precisely because the church as Cath- authority is to foster the freedom of theological inquiry."' olic cannot exist without bishops or without theologians, But authority also has other functions in the church; the quality of our relationship influences the life of the Murray described them as unitive, directive and punitive. church as a whole. We both bear public responsibilities. The first two, the unitive and directive roles, are designed How should we conceive the nature of our relation- to coordinate the various charisms in the church and to ship? What criteria and procedures should structure our order them toward effective public witness. The punitive working style? The questions are easier to ask than to function serves the Christian community by protecting it answer; both the International Theological Commission "against the egoismswhether of thought or of action in 1976 and a joint committee of the Catholic Theological that would destory its unity or damage its work."' Society of America and the Canon Law Society of Theology should be a guide for the exercise of authority America in 1984 have provided useful reflections on these in the church, even as theologians recognize that they too large questions. I urge those interested to consult these are bound by the unitive and directive role of those in resources, and I will confine myself to two brief comments authority, andin the extreme casesubject to punitive on: 1) the content of our mutual responsibilities;and 2) action. A theologically informed exercise of authority, the context in which we fulfill them. however, is one of the best safeguards against capricious The content of our vocational responsibilities can be use of the punitive role. highlighted by two quotations. The International Theo- Theology, precisely as an ecclesial discipline, should logical Commission study describes the role of bishops in inform both the use of freedom and the use of authority the following manner: in the church. In this way it will serve the community in "It is the magisterium's task authoritatively to de- which both freedom and authority are necessary means fend the Catholic integrity and unity of faith and to the fulfillment of its vocation. A theologically grounded morals. From this follow specific functions; and although at first glance they seem particularly to be of exercise of freedom and authority can be produced only a rather negative character, they are, rather, a positive through a collaborative effort of bishops and theolo- ministry for the life of the chuich. These are: 'the task gians. The prospect for such collaboration is my final of authoritatively intepreting the word of God, writ- topic. ten and handed down,' the censuring of opinions which endanger the faith and morals proper to the church, the proposing of truths which are of particular The Future Agenda contemporary relevance."' I have already noted that the post-conciliar period has The emphasis of the text falls upon words like "defend- witnessed both extensive collaboration of bishops and ing,""authoritativelyinterpreting"and"censuring"; theologians, and some conflict. Since the church is a liv- implicit in the description is the responsibility of the ing body, key relationships within the church have from magisterium to conserve the truth of the Gospel and to its beginnings manifested both harmony and tension. protect the public order of the community. Looking at the immediate future of the bishop-theologian I will now let a theologian speak for theologians, relationship, it is only fair to observe that there is some describing the content of the theological enterprise from apprehension presently being expressed in several quar- the inside, as it were. My choice is again Father John ters about a series of issues facing the universal church Courtney Murray, who once described the theologian's and the church in the United States. After a period when task in these words: the conciliar winds of freedom moved through all our 'We do indeed stand for the tradition. But the tradi- institutions, there are some signs that a certain strength- tion is not simply a thing of the past. It is a tradition ening of episcopal control is being called for in the draft growth, and the true theologian stands on the growing document from the Holy See on Catholic universities. edge of the tradition ....The theologian stands for The document, as you know, has been subjected to some growth in understanding, knowledge and wisdom. rigorous criticism in the United States. Precisely because This growth mu: t be of such dimension and of such intensity as to pervade the entire church. It is the spe- it is a draft, it is my hope that the kind of honest, forth- cial task of the theologian to further this growth. He right exchange which has occurred will move us toward a must so present the faith that that which was formerly document which will be to the benefit of the episcopal believed, but obscurely understood, is now believed magisterium, the theological community and, most of and understood more clearly, so that posterity may all, the church which we both are called to serve. understand and venerate what antiquity had vener- This remark brings me to the heart of my theme: as ated but not understood."' bishops and theologians we are fated and called to live With elegance and clarity, Murray puts the accent of and work together for the wider community of the church. his remarks on "development," "growth," "understand- Our ministries are of the church, and they exist for the 7International Theological Commission. "Theses on the Relationship Be- tween the Ecclesiastical Magisterium and Theology," (II, Thesis 5, 2). 5Murray, "A Will to Community" in Stephen Bayne, ed., Theological U.S. Catholic Conference, 1976. Freedom and Social Responsibility. 5Murray, "Theologian: Witness to Growth," interview with Francis 6Murray, "Freedom, Authority and Community." Fiorenza in The Advocate.

28 31 ing"; the emphasis here is less on conservation thanon either pole of the tension. Living the dynamic of "Cath- creativity, less on the truth already in possession and olic and free" is simply one specification of maintaining more on sharing and enlarging the range of understand- thetraditionalCatholic commitment to honor the ing we possess. My purpose is not to counterpoint these demands of both faith and reason. texts in an imagery of absolute opposition. Nothing A thirdcharacteristic touching both bishops and would be further from the substance of Murmy's viewor theologians is a cultural onea democracy lives byopen, the spirit of my commentary. Preservativii andcom- public debate where all parties are both free to speak and munication, protection and development are comple- accountable for the implications of their positions. mentary obligations of the teaching role of the church. Bishops and theologians are ultimately accountable to the All who share in that role must accept responsibility for truth of the tradition we serve and to the community of both dimensions of the ministry. the church of which we are members. Catholicism isnot But we share the common responsibility differently: a democracy; but that truism does not touch the question Theologians without an appetite for creativity and devel- of how Catholicism lives in a democratic culture. We opment will not serve us well in an age where knowledge should neither be simply absorbed within itnor isolated grows by quantum leaps; bishops without a courageous from it. We are called to be leaven, salt and light, but all sense of responsibility to protect the deposit of faith will three require entering into something to transform it. leave a gift we all need vulnerable to erosionor attack. Bishops and theologians must preserve the faith and The content of our responsibilities is complementary; the share the faith in a culture which values thecourage of dynamic orientation of our responsibilities is different. convictions openly stated, openly criticized and openly Bishops and theologians need a sensitivity to each other's defended. In the end, the central truths of Catholic faith ministry in order that together we can share the treasure and morals are n( t to be decided by vote. But that does of the Catholic tradition and shape it for the future. not mean we can or should ignore the demands of due The context in which we function is both challenging process in our ecclesial institutions. Nor does it preclude and stressful. In the setting of the United States three a teaching style which fosters within the church and with characteristics of our culture influence how bishops and the wider society what Father Murray called "civilized theologians relate. The first is a social forcetheperva- conversation." The cultivation of such civil discourse be- sive influence of the mass media. The episcopacy- tween bishops and theologians should be a model for theologian n'Aionship has been a part of the church's life extending the same dialogue into church and society. for centuries. But Aquinas, Bellarrnineor Newman never At the risk of overexposure of one source in this lec- had to contend with Time, Newsweekor Dan Rather. ture, allow me to close it with the last words published The old procedural guideline about publishing only in under John Courtney Murray's name. They describe the technical theological journals lest one disturb the faithful spirit of intellectual courage and Christian hope which has been swept away in the post-conciliar period, when should characterize both bishops and theologians today: the churchespecially conflict in the churchis "hot media." There is no time to lament the loss ofa classical "Today there are abroad all sorts of tendencies, cur- sense of leisure. Bishops and theologians must manage rents of thought, climates of opinion. And many our collaboration and our conflicts on center stage; we uncertaintiesattendthe necessary business of a should face this fact. Most of what we say in private will renewal of the personal structures of conscience and become public. the further business of a reform of the objectiveex- pressions of the Christian faith. We all live in an unbe- A second characteristic is an intellectual traditionthe lieving world. And a 'credibility gap' has opened be- American commitment to academic freedom. In 1.1is Chan- tween the doctrines and structures of the church and cellor Dunning lectures of 1956, Freedom in Contempo- the sheer experience of the world as it is. The truths of rary Society, Professor Samuel Eliot Morison defined the church and the forms of her life are supposed to interpret the experience of human life and to give it academic freedom as "the newest arrival in the freedom some saving structure. But is this happening? Many ranks" and "second only to political freedomas a protec- say no, and not without reason. This answer seems to tion for society as a whole." Morison noted withcare and have lain behind John XXIII's distinction between the respect that the contemporary notion of academic free- 'substance of Christian faith and the 'forms' of its ex- dom was unknown in the medieval university and that in pression. The distinction could be given a too sim- plistic meaning, as if only words were at stake. But it a college or university committed to "propagating a par- points in the right direction, toward a task we must ticular religion" there would always be some stresson the take firmly in hand. We shall do the task badly, of outer edge of the principle of academic freedom. Some course. There will be lots of 'mistakes,' but they are stress perhaps, 'out Catholic colleges and universities, as I readily dealt with, since they involve no will to error. see them today, are committed to being both authertical- This latter thing is the danger. How to avoid it? I think the corrective is a wilt, to communityof thought and ly Catholic and authentically academic. We will feel love. The Christian community is not in error, what- Morison's prediction of stress, but we should not giveup ever mistakes it may make."9

9Murray, ''A Will to Community."

29 32 A Catholic University: Some Clarifications

Most Reverend Rembert G. Weak land, O.S.B.

It saddens me to see the campaign here in the arch- of ideals to secular reality, but as a way to make those diocese to ruin the reputation of Marquette University institutions more effective in service to the church. They because of one of its professors. Marquette is one of the would be more effective because they could attract to Catholic institutions that we all can be rightly proud of their work a more competent faculty and staff, and because of its contribution through many years to the thereby enhance the cultural impact of their Catholic city, to the church in this region, and to the nation. witness. All of us, including a Catholic university, must have a Academic freedom must not be interpreted to mean concern for accuracy and clarity of Catholic doctrine. In that truth and falsehood are the same, nor does it mean this context, I repeat what I wrote once before: The that one dees not have a grave obligation to search for teaching of Dr. Daniel Maguire of Marvette's theologi- and teach the truth. Academic freedom in our Catholic cal faculty on the question of abortion is not consonant universities has made them stronger and is a heritage that with the official teaching of the Catholic church, a teach- must not be jeopardized. ing clearly repeated by the Congregation for the Doctrine The risks of this are also clear. As Marquette stated in of the Faith and again reiterated by the bishops of the a 1969 foundation document, for example: "...precisely U.S.A. in their statement in November at their annual because of the free condition in which the university's meeting. essential activities take place, a university calling itself The doctrine committee of the U.S. bishops, after Catholicfreelyentertainsthe possibilityof having citing the opinion that suggests that abortion can some- develop within itself points of view which may seem con- times be a legitimate moral choice, wrote: 'We want to tradictory to one or another teaching of the church." But affirm that such an opinion, however sincerely moti- the risks were taken for the greater good that could ac- vated, contradicts the clear and constant teaching of the crue to the church in America. Seeing, as I do, the im- church that deliberately chosen abortion is objectively mense contributions of Marquette and the assembly of immoral. It is not a legitimate moral choice." The bishops American Ca t!lolic universities, and seeing around the adopted that resolution as their Liwn. It is in agreement world no collection of Catholic universities to compare with the Declaration on Abortion of the Congregation with the American, I believe it was a risk well taken and I for the Doctrine of Faith, Nov. 18, 1974. am pleased to have that fine university in this archdiocese. It Pnms clear that Dr. Maguire does dissent from such If that gives some parents concern, namely, that a son teaching. or daughter of theirs might be taught by one not teaching I would also have to state that his teaching on homo- in every detail Catholic doctrine (and this can happen just sexuality,as found in the article, "The Morality of Homo- as easily in non-theological areas), they must remember sexual Marriage" (A Challenge to Love, edited by Robert that also trying to preserve a young person from hearing Nugent, New York, 1983, pp. 118-134), cannot be recon- or reading material contrary to Catholic belief is not the ciled with the teaching of the church as outlined in the best form of education. "Declaration on Certain Questions Concerning Sexual We all must learn in a free society to discern right from Ethics" of that same Congregation for the Doctrine of the wrong, truth from falsehood. Gaining such maturity is Faith, Dec. 29, 1975. demanded of all of us and should result from the whole An important distinction needs to be made here. My education received in a Catholic university, especially one criticism of a Marquette theologian is not meant as a as concerned for its religious obligations as is Marquette. criticism of the university providing for his work. Major Of course, there are risks, but there are just as many American Catholic universities,including Marquette, risks in denying to teachers the freedom that has been a long ago adopted the standard American guarantees of part of our academic heritage for centuries. I, too, h-pe academic freedom. This was done not as a compromise that teachers always clearly distinguish what is official church teaching from their own views. But to apply to a Most Reverend Rembert Weak land, O.S.B. is the Arch- Catholic university any tactics that would resemble those bishop of Milwaukee. This text originally appeared in of a totalitarian state and that would deprive it of its aca- The Catholic Herald, the Archdiocesan newspaper, on demic freedom would be indeed an even more dangerous March 21, 1985. process in the long run. 33 30 Academic Freedom and the Catholic College/University

Alice Gal lin, O.S.U.

During the past few years, American Catholic higher so far as to suggest that because "teaching summons and education has received a disproportionate amount of supports authentic freedom for ourselves and our students media attention. There are several reasons for this: the it can fairly be called sacramental." proposed Schema on Catholic universities; the revised In the Roosevelt era, we spoke of the "four freedoms" code of Canon Law; the case of Father Glades Curran; two were freedoms "from" (want, fear) and two were free- Dan Maguire's interaction with several institutions and, on doms "of" (speech, worship)...but the further question the sidelines, such non-university issues as Archbishop was "freedom for what?" As Americans, we take for Hunthausen, Michael Bucldey,S.J.'s appointment to granted a freedom which we know is not enjoyed in many USCC/NCCB, various questions about the process of other places around the world. Whether speaking of na- granting an imprimatur. All of these issues reflect a funda- tional or international affairs, we often assume that free- mental difference in people's understanding of the °lurch, dom is worth fighting for. Our battle hymns and our civil and none of them are settled by easy recourse to laws and rights sones insist that in the end, freedom will be our great penalties. gift. It has not always been so clear what we intended to We are, by definition, both Catholic and university. use our freedom for. Our task is to explore the meaning of each term and to I think that the same may be true of our universities, have conversations about the points of tension between both secular and denominationaland the many kinds in the two. A recent speaker summed it up by saying the between. We defend academic freedom as the necessary °lurch to which we belong is infallible while the univer- prereryisite to scholarly achievement and we often sound sity necessarily isfallible.' That is somewhat over- as if it is something that exists apart from any political simplified but it does contain a grain of truth. Although we realities. But all freedom exists within a community and have entitled this talk "Academic Freedom", it might simp- we need only read Ellen Schrecker's No Ivory Tower' to ly be better to speak of the freedom needed for our task of discover how little academic freedom was protected in the being a university and the freedom needed for us to be 1950's when McCarthyism was the political and social Catholicand where the freedoms may intersect. context and even the AAU and AAUP failed to defend Universities, from their beginning, have had to define those who dissented from mainstream American philos- their freedom against both State and Clurch. Such institu- ophy. As American Catholics, we have suffered our share tional freedom was seen as necessary if the individual of bigotry in the universities of an earlier period, treatment scholar-teacher and the individual student were to be free that was not seen by those in power there as a denial of to carry out their vocation to learn and to teach. Such a their academic freedom. So, this is a very fragile gift of concept of freedom clearly antedates the AAUP "red which we speak. book" and yet is at the root of it. In an address last year, Unfortunately, religious :xtstitutions have also not been Father Timothy Healy of Georgetown University dwelt on exempt from the temptaiicn to impose their views on the fact that teaching, of itself, required freedom. For both others and, in thc process, have violated the freedoms teacher and learner, the process leads to self-actualization which they uphed theoretically. At times a false choice and that is a process that can only be carried on in free- has ken suggested: truth or freedom. I think thatwe must dom. He quoted Rahner in this context: "...freedom is refuse to accept this choice. Freedom is precisely for the not the ability to do this or to do that, but the power to sake of truth. Bernard Haring wrote that the renewal of decide about and actualize ourselves."' Father Healy went the °lurch after Vatican II was marked by a freedom of dialogue which included the capacity to learn and to unlearn while guaranteeing a genuine continuity ci life in Alice Gal lin, 0.S.U., is Executwe Director of Associa- Christ Jesus.' That is the authentic meaning of tradition, tion of Catholic Colleges and Universities. Her text was and learning and unlearning is unquestionably what goes presented in an address at Siena College, March 5, 1987. on in education at all levels. There is an obligation to hand 1Denis O'Brien, address to ACCU, February 1, 1987. 2Timothy Healy, S.J., "The Centrality of Teaching" an address given to the Association of Catholic Colleges and Universities, February 4, 1986, 3Ellen W. Schrecker, No Ivory Tower (Oxford Press: New York, 1986). pp. 4-5. Available from ACCU. 4Bernard Haring, Free and Faithful (Seabury Press, 1978), Vol I, p. 331. 3134 on what we have learnedin history, physics, literature, and research. Freedom in research is fundamental to the theology, political science, etc.but to do so critically. advancement of truth. Academic freedom in its teaching The tools of scholarly analysis have such criticism as aspect is fundamental for the protection of the rights of the their precise purpose; were I to continue teaching that teacher in teaching and of the student to freedom in learn- George Washington cut down the cherry tree when there ing. It carries with it duties correlative with rights."' was evidence to suggest he did not, I would be deemed an The limitations on this freedom, suggested in the AAUP irresponsible and incompetent teacher. So, the freedom of statement, are not surprising: the teacher "should be care- the teacher is predicated not only on the knowledge he or ful not to introduce into his teaching controversial matter she has acquired through study and experience but also on which has no relation to his subject"; while his right to the ability to use the tools of critical analysis, careful speak as a citizen is to be safeguarded, yet "his special posi- reflection, logical thought, and clarity of expression. The tion in the community imposes special obligations." In sacred "freedom" being defended by academia must ac- such instances he "should at all times be accurate, should knowledge the responsibility of the scholar-teacher. The exercise appropriate restraint, should show respect for the student's right to be empowered to learn and to be opinions of others, and should make every effort to indi- respected in his/her search for truth likewise must be pro- cate that he is not an institutional spokesman." tected. Pedagogy always takes into account the nature of These are limitations on our freedom that strike us as the receiver since all that is received is received according quite reasonable. But there was a further limitation men- to the mode of the receiver. tioned in the 1940 statement that is relevant to our discus- When we assume the necessity for this kind of funda- sion here today: "Limitations of academic freedom because mental freedom for both teacher and student we can then of religious or other aims of the institution should be clear- ask: what kinds of actions interfere with it? No responsible ly stated in writing at the time of the appointment." It is citizen would claim that people should be free to do what- important to note that in 1969 the AAUP issued interpre- ever they want torecall the old example from the courts: tive comments on the 1940 statement and, with regard to "no one can claim to be free to shout "Firel" in a crowded the last point, stated "Most church-related institutions no theatre." Freedom is not unlimited nor can it be defined ex- longer need or desire the departure from the principle of clusively in terms of law. It is a gift to each human person academic freedom implied in the 1940 statement, and we because the essence of the Creator is the perfect freedom do not now endorse such a departure."6 by which He did what He did, and this kind of freedom Much had happened in American Catholic higher edu- precedes all human law. Yet, common sense tells us that it cation between 1940 and 1969, Lnd I suspect that this inter- has parameters set by the very nature of society as com- pretive comment did not meet -with any overt resistance munal. My freedom is limited by yours and vice versa. But from our colleges and universities. We had moved into the concept of freedom with regard to the human mind "mainstream" higher education; we had survived the witch goes beyond that. Its only limit is the limit of truth. We are hunts of the McCarthy era; we had new perspectives from not free to hold to something when we know that it is not Vatican II on individual freedom and responsibility. We true. Such interior freedom manifests itself in the way that had been told by Gaudium et Spes that we were to be the we respect one another's search for truth and in the humil- presence of the Church in the world of the academics and ity of all great scholars who always remain ready to admit not to fear the exploration of sciences and letters for ulti- to error. mately, faith and reason are not contradictory. The inter- The legal concept of academic freedom is a bit different pretive comment of AAUP was heard in that context, and but it is not unrelated. Universities early in their history our colleges and universities may have concluded that found it necessary to defend their Masters against attack there was no difference at all between our institutions and from state and/or Church officials. Politics often played a other universities. When you add to that the need to large part in appointments and charges of heresy could demonstrate our eligibility for federal and state funding in cost a professor his position. The German universities, the 1960's and 70's, which required that we not be "nar- which became models of our own, in the 19th century in- rowly sectarian", it is easy to understand why today we sisted that the State change its earlier perception of the are suddenly reexamining our Catholicity. As you know, university as a training ground for civil and church offi- the Congregation for Catholic Educationat the request cials and refrain from interfering with the prerogatives of of the Poperecently drew up a draft document on the the faculty with regard to both teaching and research. The role of the Catholic university and sent it around the world AAUP came on to the American scene in 1915 to protect for comment. This in itself was probably a first: previous academia against political attacks against socialist or anti- documents have generally been developed with only the war professors, but was often overcome by its own patri- input of experts, but this time it was sent to all of our col- otism. At the same time, the new organization carefully lege and university presidents. A respon, based on the linked the protection of academic freedom with the will- comments from our presidents, was submitted to the Con- ingness of the professors to monitor their own behavior. wegation in February 1986. In this Schema, another free- The classic statement of its position is the 1940 Statement of Principles: "The common good depends upon the free 5AAUP, Policy Documents and Reports, 1984 ed., AAUP, Washington, search for truth and ii.s iree exposition. Academic freedom D.C., p. 3. is essential to these purposes and applies to both teaching 6Ibid, p. 5. 35 32 dom is being asserted: the freedom of the Churchto have task we undertake. We want our institutionsto be places universities, and to have Catholic theologians teaching in of freedom because we knowand believethatulti- them who teach in the name of the Church. In the light of mately only what is done in freedom is valuable. Thisfree- the nationalization of Catholic universities in Africaand dom that we claim brings with itan enormous trust and the continued harrassrnent of Catholic universities in significant responsibility. It can be explored within thesec- many countries around the world, such a defensive ond question above: what is the reality of the faithdimen- posture is understandable. But, in the United Statesour sion on our campuses? situation is quite different. Fortunately,our professors are If we am to be committed to promoting the not appointed by the State nor is cuniculurn dictated by development of each person who comes to teach or learn here,we political forces. From the beginning,our history has been need to think through together the mission whichunites different; our institutions were not founded by the official us. Given the wealth of the diverse backgrounds of most Church hierarchy but in mostcases by religious commun- faculties, one of the most important functions of ities of women or men. Consequently, those who a univer- govern sity is to provide a forum where their ideascan be articu- our universities are clearly in sympathy with the mission lated and debated. HomogeneZy is not to be sought and purpose of the institution, and what they struggle since with it results in a certain stagnation, but clarity, humility,and is not the question of whether to be Catholic colleges, but civilityall essentials of good dialogueare the qualities how to be. We are gifted with the needed freedom to we need. Catholic higher education continues to insiston choose our identity and to figure out howto enhance it. the goal of educating the whole There is a wide range of mission among person and to assist stu- our 235 Catholic dents in the ultimate synthesis of what they learnin their colleges and universities in the United States, but they all classes with what they imbibe from the atmosphereon the express their mission in terms of three words: research, campus. Faculty members must be more than competent teaching and service and they all insiston their distinctive- scholars and first rate lecturers in a particular discipline; ness among institutions of higher learning in the United they must be teachers who assist their students in thequest States. Otherwise, why support Catholic colleges? Thedis- for truth and goodness. As educators, they collaborate tinctiveness has something to do with an added dimension, with administrators and student personnel officials "faith." to provide the atmosphere that will further the growth infree- Two questions follow from this: does theacceptance of dom of all on the campus. faith as a dimension to education inhibit academic free- A iundamental way in which dom? And, apart from catalogue statements, what our colleges and univer- is the sities are Catholic is that they provide the opportunity reality of this dimension in our operational values? for theology or religious studies to interact with other disci- Faith and Freedom plines. This will not happen accidentallynor because the Dean structures the curriculum in sucha way that the rela- In the beginning of this paper I spentsome time on the tionship is promoted. It can only happen if all facultyhave nature of freedom. Catholic tradition has always beenon an openness to discussion of the significant questions of the side of seeing reason and faithas complementary. The meaning wherever they arise. The psychology teacher who God whom Jesus proclaimed was atone and the same time avoids religious motivation asa factor in human behavior perfectly free and utterly reasonable,even if we could not or the economics teacher who never raises questions of always understand his ways. The need for us to use our ethical critiques of the doctrines being presentedis not real- intellects in the search for truth has been underscored by ly committed to the mission of the college. Onthe other most of our philosophers and theologians. The tradition of hand, the teacher of religion who doesnot respond with joining the love of learning to the desire for God isone of respect and interest to questions basedon new scientific our best insights. Yet, there have been times when we have data is stifling the inquiring mind of the student andis no misunderstood our own tradition and have given faitha less deficient in carrying out the mission of thecollege. role that it did not have. We imposed the truths known by Professors who become entrapped ina special discipline so faith on the data to be examine.d and came up with erron- that dialogue with colleagues isseen as a waste of time are eous judgmentsas in the case of Galileo. Historywas dis- no asset to a university. Our vision of Catholic higher torted in order to serve an apologeticpurpose after the education requires public debate about things that really Reformation, and anthropological discoverieswere sub- matter.' merged under missionary zeal. Yet, we see these now as This conviction about the value of public debateis, of mistakes and, as with all experience, we shouldtry to learn course, one of the reasons the American Church gets from them. itself into so much trouble with Rome. Particularlywhere The dimension of faith means something quite different. theologians are concerned, the dissent which mightbe It means that in our institutions there isan assumption that toleratedis a private dissent.But, as Bishop James religious experience is as valid as other types of human ex- Malone pointed out in a talk last Juneat Marquette Uni- perience. It means that we are open to truth whereverwe versity, because we live in a democractic culturemost of find it, and that we believe that truth is attainable by the what we say in private will become public."Aquinas, human mind. We approach the task of teaching andlearn- ing with a basic belief in the value of each humanperson 7William M. Shea, "Beyond Tolerance",an address to ACCU, February and with a sensitivity to the importance of theeducational 4, 1987.

33 36 Bellarmine or Newman never had to contend with Time, can agree withnamely, the strengthening and promo- Newsweek or Dan Rather."' Rather than bemoaning this tion of Catholic universitiesbut the means proposed by 20th Century reality, we must learn how best to express the document and the means proposed by our own col- our dissent so that it will be a positive contribution to the leges and universities are different. It is now our task to development of the faith of the Church community. demonstrate that our institutions are not less Catholic Bishop Malone spoke of the role of theology in "provid- because they are independent of ecclesiastical control. ing an interpretation of faith in the intellectual and cul- We are not choosing between our Catholiay a:id State tural world of our day," and suggested that it is an eccle- funding. Utilizing the academic freedom that we enjoy, sial discipline in that it serves the community of faith by we must work as intelligently and forcefully as we can to scrutinizing the signs of the times as evidence in the ex- achieve the goal we set forth; and, whatever the particu- perience of men and women as they seek to live the lar statement of Sienna College as to its mission, I suspect Gospel. "The theologian listens to the experience of the we can all subscribe to that of John Hen.ry Newman in Church, reflects on it in the light of the Catholic tradition The Idea of a University: and offers the community the fruit of this reflection to guide its future actions." To carry out this task it is clear It is a great point then to enlame the range of studies which a university professes, even for the sake of that the theologian must be in constant dialogue with students; and, though they cannot pursue every sub- those in the other fields of research and teaching. Cath- ject which is open to them, they will be the gainers by olic universities furnish this opportunity. living among those and under those who represent the Finally, our freedom is used to promote the growth of whole circle. This I conceive to be the advantage of a ourselves and our students in wisdom, age, and grace. seat of universal learning, considered as a place of education. An assemblage of !earned men, zealous for Faith is nurtured by the search for truth when mentors their own sciences, and rivals of each other, are and role models are present. Vital programs of campus brought, by familiar intercourse and for the sake of ministry can assist students in the process of integration intellectual peace, to adjust together the claims and of scientific facts and values based on faith. Residence relations of their respective subjects of investigation. hall personnel will help students develop prudence and They learn to respect, to consult, to aid each other. temperance as they cope with personal conflicts and will Thus is created a pure and clear atmosphere of thought, which the student also breathes, though in his own urge them to service of others in the campus community case he only pursues a few sciences out of the multi- and those outside the ivy-covered gates. Peace and justice tude. He profits by an intellectual tradition, which is education crosses all these boundaries and is one arez independent of particular teachers, which guides him where many of our campuses have been able to com- in his choice of subjects, and duly interprets for him municate Church teaching by combining curriculum, ex- those which he chooses. He apprehends the great out- lines of knowledge, the principles on which it rests, the perience, and Gospel reflection. scale of its parts, its lights and its shades, its great Our task then is one not only of handing on the Cath- points and its little, as he otherwise cannot apprehend olic tradition but of examining it critically and transform- them. Hence it is that his education is called "liberal." ing it through our own dialogue as members of an aca- A habit of mind is formed which lasts through life, of which the attributes are freedom, equitableness, calm- demic community. We have an obligation to fight for the ness, moderation, and wisdom; or what in a former freedom that will allow us to do that. We have also an discourse I have ventured to call a philusophical habit. obligation to understand the ecclesial responsibility that This then I would assign as the special fruit of the edu- goes along with such freedom. We are not, and do not cation furnished at a univerdty...10 want to be, places where one idea is as good as another, where there are no criteria for judgment of truth and er- This is the answer to our first question: what do we want ror, where debate is pointless because every individual is to be free for7 The academic freedom we claim is for the his or hcr own criterion. We have a rich tradition from sake of the task described by Newman and, as such, it is which we draw criteria; we have a community of faith well worth defending. Finally, as Catholic colleges and from whose experience to learn. Our heritage is not one universities in the United States we can be heartened by of indifference to the meaning of human existence.' the statement of the American bishops: "...Academic All that I have said of our Catholic mission can be ac- freedom and institutional independence in pursuit of the complished without violating the principles of separation mission of the institution are essential components of of State and Church and without the imposition of some education quality and integrity; commitment to the ecclesiastical juridical structures which would link us Gospel and the teachings and heritage of the Catholic directly to episcopal control. As we responded to the Church provide the inspiration and enrichment that draft Schema: The goal of the Congregation is one we make a college fully Catholic."'

10John Henry Cardinal Newman, The Idea of a University, (New York: 8Bishop James Malone, "How Bishops and Theologians Relate", an ad- Doubleday, 1959), pp. 128-129. dress given at Marquette University, June 26-30 Symposium, in Origins, liCatholic Higher Education and the Pastoral Mission of the Church, July 31, 1986. Vol. 16, No. 9. Washington, D.C.: United States Catholic Conference, November 13, 9William M. Shea, Op Cit. 1980.

34 3 7 The Usages of Freedom

Timothy S.Healy, S.J.

In November 1786, at Whitemarsh in Maryland, six of wrong. By the 1950s, when I wastheological student, the twenty-four Catholic priests at work in the United our faculty presented this thesis classica with reservation States met to discuss the governance of the Church in and indeed apologies, but presented it nonetheless. their new republic as well as the establishment of Behind the Church's intransigent misreading of Amer- Georgetown. In the memorandum they prepared for the. ica's freedoms lay the fear of Deism, which stressed the distant Holy See, John Carroll wrote: rationality of reality and denied not only the mystery of creation but both the transcendence and infinity of God. In 1776, the American independence was declared, and a revolution effected, not only in political affairs This fear led the Church to distrust the natural rights but also in those relating to Religion. For while the theory on which the Declaration and the Constitution thirteen provinces of North America rejected the yoke rested. of England, they proclaimed at the same time, free- Thanks to the work of Father John Courtney Murray, dom of conscience, and the right of worshiping the among others, the Second Vatican Council quite simply Almighty, according to the spirit of the religion to which each one should belong....After the war... repealed the thesis classica, faced squarely the implica- the good effects of freedom of conscience began to tions of the great American documents and the growth of develop themselves. democracy that resulted from them and remade the Church's thinking on freedom. In doing so it alsocom- Carroll and his companions shared with a small body of pleted the work of the American documents, and brought about eighteen thousand Catholics their grasp that the them back into contact with the deepest reaches of novus ordo saeclorum the new Republic so proudly pro- theological reflection in the West. The right to religious as claimed was to have a profound and good effect on the well as political freedom has its foundation not in the Church in America. Church, not in the state, but in the dignity of the human As Georgetown approaches its two hundredth anni- person. Human dignity is indeed known by reason as versary it would do well to remember Carroll's words Deism claims, but Christians also know it through the and the implications they were to have for the future of revealed word of God. The first part of the Council docu- his "little academy." In celebrating its double century, ment sounds extraordinarily American when it claims Georgetown also celebrates two hundred years of "the that human dignity demands that any man or woman be good effects of freedom of conscience" the American able to pursue religious matters, unimpeded by the state. public gave and protected. That freedom has meantso A corollary of this is, of course, that the Church itself many things to so many people that any full description cannot be coerced by the state. of it is impossible. For Georgetown it has meant prin- The Council, however, goes further and talks about cipally the freedom to be Catholic. freedom as rooted in Christian faith. Religious freedom The American understanding of democratic freedom implies that "God calls men to serve him in spirit and in was inspired by the philosophers of the Enlightenment truth. Hence men are bound in conscience but they stand and found its fullest expression in The Declaration of under no compulsion." The love of God is not coercive, Independence, the Constitution and the Bill of Rights. but calls for a free and loving human response and thus When these documents were shaped,theCatholic makes the exercise of human freedom necessary for Church's theology of freedom was sharply limited. As far religion. In Catholic terms our human life,ifitis to as religion in a republic was concerned, the Church reflect the dignity with which God endowed us at the taught then and taught up until the Second Vatican Creation, must be a free witness to Christ. The classical Council that as soon as Catholics were 51 percent of the American and Deist position negatively defined religious population, it was their duty to suppress the publicac- freedom as freedom from state or societal coercion. The tivity of all other religions. While kindness and individ- Vatican document adds to that its positive side, stating ual respect were urged, the blunt thesis was that "error that our human dignity, while assuring freedom from has no rights"; everyone other than Catholicswas coercion, also demands that we freely respond to God's call and freely witness to his Truth. Father Healy is the President of Georgetown University. As fascinating as the great world of religious freedom His text appeared in Georgetown's Annual Report 1986. is, and as profoundly influential 3s the American docu-

35 38 ments have been in shaping the dreams of men in every becomes rarer and rarer in the twentieth century. It is corner of the world, our immediate concern within the worth noting that one of the first indications of the university is a subset of political freedom. In God's wide Church's possible influence upon the university is to urge world each human person is called, by reason of his dig- it "to preserve a view of the whole human person, a view nity, to pursue the truth in the fulfillment of his vocation. in which the values of intellect, will, conscience and In the narrower context of the university, teachers and fraternity are preeminent." students are called to pursue this same truth, through The ideal is of course that the Church and society work disciplined and serious ways, in teaching and in learning. together "to animate the cultural expressions and group The call of freedom, indeed the call of human dignity, is activities characteristic of our times with a human and the same for all human beings. In the context of the Christian spirit," always acknowledging that "the usages classroom, freedom from coercion is seen as a positive of society are to be the usages of freedom in their full good, and one with enormous social implications. By range." The Council nonetheless lays upon those respon- guaranteeing and defending the freedom of its teachers sible for catholic universities and colleges the heavy duty and its learners, the university accepts its vocation as an to "form men who will be lovers of true freedommen institution within society formally charged to keep, pass and women, in other words, who will come to decisions on and make new the truth. on their own judgment and in the light of truth, govern Among the many declarations of the Second Vatican their activities with a sense of responsibility and strive Council, none is more important for universities than after what is true and right, willing always to join with the pastoral constitution on The Church in the Modem others in cooperative effort." World. The Council addresses itself first to the phenom- No summary as brief as this can transmit all the rich- ena of human culture, and then passes almost directly ness and openness of these great documents. Taken to- into the world of teaching and learning. Beginning with gether they form a kind of theology of catholic higher the premise that there are indeed two orders of knowl- education. In that theology the Church accepts the edgefaith and reasonand that they are distinct, the autonomy and secular reality of this century's major in- Council affirms in ringing terms "the legitimate auton- struments of culture, among which the university must omy of human culture and especially of the sciences." take a principal place. In full acceptance of the univer- Most fascinating to a modern Catholic in this dense and sity's rhythms, norms and procedures, the Church then rich series of documents is the sublime confidence with seeks to make her own moral and doctrinal presence felt which the Council assumes there can ultimately be no by persuasion and understanding and is confident that serious conflict between the world of human learning and properlyunderstoodherinfluencewillbeindeed the world of faith. The Church does not give up her right enormous. to influence the course of human culture and indeed in- A given, however, of the entire process is that the sists on that right clearly and unequivocally. Nowhere, Church must not substitute herself for the institutions of however, does the Church claim so to dominate that modern culture, any more than she must regard them culture as to make it merely a handmaiden of theological from outside as enemies, or as by nature and instinct hos- or ideological persuasion. tile. Her understanding that they are not enables her to When the Council turns formally to the Church's uni- proceed with confidence in opening herself and her faith- versities, this confidence is even stronger. The words in ful to the "usages of freedom." The haunting words that which it is stated are deeply moving: "wherever the truth be spoken, there speaks the spirit of The Church is preoccupied too with schools of higher God" underlie all of these great documents. They extend learning, especially colleges and universities and their to the university world all the rich revelation of which Me faculties...she seeks in a systematic way to have indi- Church is keeper. vidual branches of knowledge studied according to their own proper principles and methods, and with At the moment in the United States there is some ten- due freedom of scientific investigation. She intends sion between the teaching authority of the Church, called thereby...to have it seen more profoundly how faith its magisterium and exercised by its bishops, and the and reason give harmonious witness to the unity of all autonomy of American catholic universities. That ten- truth. sion is unfortunate, because itis unnecessary, indeed, If we put these two great insights together, the autonomy founded on confusion. The catholic university poses no of human culture and its explicit expression in uni- challenge to the magisterium of the Church, or indeed to versities that depend on the Church, we find the exact the authority of its bishops. dimensions and directions in which Catholic higher edu- It might be good were we to clear away some mis- cation in the United States has grown. Fully respecting understandings and get our premises straight. First of all, the secular reality of the university as culture's principal I cannot talk here of seminaries or of The Catholic Uni- instrument, the Church acknowledges that her task is to versity of America, established as it is by the Holy See shape and influence the development of that culture. The and offering degrees that only the Holy See can give. Council admits the difficulty of synthesizing the various America's other catholic universities are differentin branches of the arts and sciences, precisely because of the structure and in their people. Among their faculties and proliferation of human knowledge. With sadness the students are many who are not Catholic. This needs say- Council acknowledges that the ideal of the universal man ing, obvious though it is, because of the constant Roman

36 39 habit of referring to "lay members" as though they were universities (even in countries and times where th e. uni- all Roman Catholic. In the American context this refer- versity was catholic because the entire society was) to ence is misleading and distorts reality. Finally, under realize that orthodoxy and above all probity of lifecan- American law and in reality a catholic university is nota not be guaranteed on any piece of ground simply because form of the Church's life, but a secular entity (likea city) it is devoted to intellection, no matter how theological. in which the Church lives, functions and exercises her in- The blue-nosed and humorous sixteenth centurycom- fluence on the lives of its members and evenupon the ment, "Scholaris quando loquiter r.,-m puella non prae- processes of teaching and learning. sumitur dicere pater noster" [When a student speaks toa On the other hand, a catholic university is different young woman, we should not take for granted that they from American secular universities, even thoughmany of are reciting the "Our Father."), is not a bad summary of the latter were once religious foundations. In the catholic centuries of distrust. university, by tradition and option, faith is part of the The kind of controversy that defines our problem atmosphere. The Church enjoys within the catholic uni- today occurs when a professor, claiming to teach Catho- versity the fullness of her sacramental life and the pres- lic theology, teaches it in a way that either a local bishop, ence of the ministers of that life. All catholic universities or the conference of bishops, or even the Holy See, finds teach Catholic theology as a serious intellectual dis- doctrinally inappropriate. Here the Church has available cipline. One third element may be added. In catholic uni- to it many possibilities. The bishop can first directly or versities, as both symbol of welcome to Catholic thought indirectly counsel the individual concerned. The issue and indeed one of the principal instruments of its teach- here is not a professor's academic freedom, but the ing, there is present a body of religious menor women, validity of his claim to be teaching the authentic )sositions usually from the order responsible for the foundation of of the Church. The bishop can, moreover, vi,Ithgreat the university. ease call upon others within and without the university to The second element, the teaching of Catholic theology, join him in the scholarly refutation of the ideas of which is at the moment an area of friction. The university's he disapproves. The Church has also at its disposal its autonomous and free teaching of theology may seem to own public forum where the bishop can speak a disap- deny the Church's teaching authority. On the other proval or indeed disavowal that would clearly reach the hand, in the exercise of that teaching authority the minds and consciences of the faithful and others. Finally, Church can seem to deny the necessary autonomy of if all of these methods do not achieve the result the structure and freedom of instruction within the university. bishop desires, he has at his disposal a formidablearray Departures from the Church's teaching can arise in two of temporary or permanent ecclesiastical penalties. ways. The first is a kind of "false pretense" where a fac- Conflict arises between the Church and the university ulty member teaches as authentic Catholic doctrine ideas when the two jurisdictions, episcopal and academic, are and conclusions that the Church clearly rejects. We know confused. The university has neither the dutynor the that many Church positions, like all human things,are right to determine authoritatively the teaching of the time bound. In the fourteenth century no catholic univer- Church, but must instead use its skill and freedom to sity could have taught a course on banking, since bank- influence respectfully the growth of the Church's under- ing involved usury, and the Church was oppcmed to it. In standing. In like manner the Church cannot claim to con- the eighteenth and for much of the nineteenth century the trol the structure and penalties of the university, question Church disapproved of democracy and stronglycon- its civil contracts, or call upon it to impose civil punish- demned the deviation known as "liberalism." Anypres- ment or exclusion on any of its faculty members. entation of Catholic thought as though it were absolute There should be no surprise at the existence of this par- and independent of time would be false. Even under that ticular tension, because both Church and universityare correction, however, a professor's job is to deal with his perennially caught in the wrestle between authority and subject as objectively as he can. That objectivityconcerns freedom that marks any complex society. We are filiar the university, if only because it must insiston some veri- with that tension in civil society where, for a hard and fiable relationship between its catalog titles and thecon- overriding purpose like a war, citizens can giveup some tent of its courses. of their freedoms, at least temporarily. The Church isa A complicating element in any difference betweena human institution and suffers the same tugs. It too has professor and the Church is one of scandal. The faithful times of exploration and times of consolidation. Like the may be seduced or misled on the invalid premise that university itself, with its debate about the relative impor- because something is taught or done in a catholic univer- tance of teaching and resear-h, the Church has moments sity, it always and in all details follows authentic Catholic when it opens itself to an influx of new ideas and teaching. This problem is really based on a misunder- moments when it withdraws to absorb, to structure and standing of the word "catholic" in a university's title. A to formulate them. Both the Church and the university university claims to be catholic generally and not dis- could well follow Hamlet's hint to "observe the modesty tributively; its catholic status does not and indeed cannot of nature," a decent respect for each other's internal guarantee the orthodoxy or probity of its individual autonomy. members, either faculty or students. One need onlycon- There are solid reasons for that modest approach. sider the uneasy history of the Church's relations with Much is at stake for catholic universities in their relation

37 4 0 to the Church. Their catholic status is part of their iden- Within the huge variety of American universities of tity, and increasingly an acknowledged and cherished which Georgetown makes a part, our freedom, for all its part. It preserves for them the best of their own past and distant theological base, comes to us through the clear tradition. It provides for them a rich millenarian center dictates of American law, and through the history of the for their learning and teaching. And finally, Catholic university as an institution in the western world. Nothing theology is one of the few remaining possibilities open to that Georgetown says it does can be meant or should be modem man, particularly modem university man, in his read as denying the reality of that freedom. Our two hun- reach towards the almost unimaginable "unity of knowl- dred years of belief do not challenge freedom but make it edge," the pervasive dream of the university since the more truly itself. Out of our own tradition we draw a monastic schools first begot Paris. graced understanding that knows that the necessary con- The stakes are equally high for the Church, particu- dition which opens us and the university we serve to the larly in democratic America. Universities that define mystery of God's love is freedom. themselves as catholic are, in the clear terms of the In the give and take of an undergraduate classroom, in Second Vatican Council, the Church's fullest and most long probings of Georgetown's health with faculty mem- immediate reach into the high culture of this nation. bers, in watching students and faculty together move They are, in addition, her best source of leadership in the across this good uound, I am always aware of how complex world her message must reach and strive by deeply that graced understanding separates us from other divine irnperafive to influence. Finally these same univer- American universities. It is also the wellspring of our sities provide for the pilgrim Church the lay leadership of stubborn two centuries' claim to the title "Catholic." We her own intemal dialog, her own growing self-under- earn that title by knowing well the difference it makes for standing, her own changes of structure, her own ceaseless us not just as believers and hopers, but more precisely as creation of the Church of tomorrow. men and women whose love chooses to teach. Karl The "good effects of freedom of conscience" are as Rahner talks of that love, aT.,d spells out richly the sacra- great a challenge to the genius of the Church today as mental nature of our work as teachers of the young: was the web of power and communication in the Roman Wherever the human being as a totality experiences Empire she so wisely used. It is too much to hope that the himself in freedom and choice, wherever in hope he tensions of which I speak will ever go away. The tug takes on an obligation which really demands more within the Church between authority and freedom is as than he can give and which cannot be justified from a old as she is herself, and there is no reason to suspect that worldly point of view, wherever he hopes against all hope, wherever he dares to love in a way that is too the tension between her teaching and the civil autonomy costly, wherever he believes grt the light although of the catholic university will be any less real. On the everything is dark and iv meaning although evt:ry- other hand, the catholic universities of America are a thing seems to be losing its meaning, he...experiences jewel of rich price in the Church's crown, and every in- the radicalized transcendentality of man into the stinct of her being should be to protect them. Hot rhetoric incomprehensible mystery of God. with cries of "tyranny" and "thought police" from the university, and of "heresy" and "scandal" from the Church are not much help to either.

4 1

38 The Mission of the College of Saint Benedict:Its Catholic Character

Colman O'Connell, O.S.B.

I accept the Preside.it's Medal, symbol of the office of listening, hospitality, and the celebration of life in liturgi- the President and of the authority and responsibility cal worship. The Benedictine presence continuesamong which the Board of Trustees has conferred uponme. I feel the faculty and administration and the stability of Bene- privileged to serve the College of Saint Benedictas its dictine tradition creates an appreciation of these values 11th President. among the faculty and staff who are lay women and The mission of any college is the guiding principle men. These women and men bring the values of their against which each decision must be measured; therefore, own lives to enrich the environment; this adds to the during this past summer, I have reflected on the Mission complexity of the College which can continue to be of the College of Saint Benedict. Simply stated, the Mis- described accurately as Benedictine, supported by both sion of the College is to educate women in the liberal arts lay and religious. within a framework of the Catholic, Benedictine tradi- Each of these three essential dimensions of the Mission tion. I have considered each of the four dimensions of the of the College of Saint Benedictliberal arts,women, Mission and, although I am going to address each dimen- Benedictinehave a reality which is both true to the sion briefly, I shall concentrate on the meaning of the founder's vision and is more varied and complex than the Catholic character of education at Saint Benedict's. Mission Statement might seem to suggest. This diversity The first dimension of the Mission, the liberal arts and complexity provides a challenging environment de- aspect of the College, is the College's principal purpose. signed to promote the growth of today's student. Yet it is also true that Saint Benedict's offersa strong em- For this occasion, it was tempting to exploreany num- phasis on the fine arts and takes pride in the quality of its ber of issues which are embedded in the consideration of professional education. The reality of education at Saint the Mission which has guided the College since its found- Benedict's is more diverse than simply liberal arts. ing. Topics might have included the balancing of profes- The College was founded to serve women; it is the sional and liberal arts goals; the examination of gender vezond dimension of the Mission. We have servedwomen issues surrounding co-education; the preserving ofa con- fiom the region for over seven decades andour alumnae tinuity of vision and Benedictine values amidst growth number over 10,000. Currently, over 60 percent of Saint and change; or, a topic of perennial interest to faculty, Benedict's faculty are women. Now our commitment to the discussing of whether Plato, Newman, Whitehead,or women's education is enriched by our commitment to the we ourselves can best describe a vision of the liberal arts education of both women and men as a result of three which is meaningful to today's students. I prefer today decades of cooperation with Saint John's University,our to examine the fourth dimension of the Missionthe brother-Benedictine institution. The academic environ- Catholic character of the College. ment is more diverse and, the young men and women tell All of higher education derives from ancient Catholic us, more interesting than it was when it was purely tradition which began in Medieval Europe. Each histori- single sex. cal period and each country has defined for itself what A third dimension of the Mission is the Benedictine Catholic higher education means. Ten centuries havenot tradition which shapes the College environment. One proved long enough for Catholic educators to settleupon hundred years ago next March, the Benedictine sisters a mutually acceptable meaning. were granted a charter by the State to establish schools, In the United States, for example, church-related insti- one of which was the College's predecessor institution, tutions, like Catholic colleges, understand their relation- Saint Benedict's Academy. Throughout theyears, the ship to their churches in a variety of ways. Colleges place values which have continued to distinguish Benedictine themselves along the whole spectrum of church-related- education have included: the love of learning and the ness. To illustrate, on one end of the spectrum, some col- desire for God, the appreciation of community, the art of leges barely distinguish themselves from the churches that sponsor them; they are arms or agents of their Sister Colman O'Connell is the President of the College churches. Their principal task is to pursue religiously in- of Saint Benedict. The text is her inaugural address, de- spired studies. On the other end of the spectrum, incon- livered on September 13, 1986 and originally published in trast, are those colleges whose roots were religious, but the College's President's Report, 1985-86. which no longer associate themselves in any meaningful

39 4 2 way with the churches which founded them. In the Even as faculty struggle to design such courses, many do center, where the College of Saint Benedict and many understand that, in the end, synthesis will never be a other Catholic institutions stand, colleges in partnership purely curricular achievement. Instead, it will be a deeply with their church witness to their faith. Saint Benedict's, personal achievement crafted by students with the help of then, is neither an agent of the Church nor is it merely faculty. It is an achievement which, I believe, is more related to the Church through historical derivation. In- possible when faculty and students from various dis- stead, it proclaims with pride its heritage within the great ciplines come together willing to form community. traditions of Catholicism. Not only is the College an academic community, but it With full awareness of fne difficulties surrounding any is also a faith community, one originally modeled upon discussion of church relatedness, I still wish to share my Benediciine monastic life. Life in this community is de- personal reflections on the meaning of the Catholic char- signed to support more than the intellectual growth of acter of education at Saint Benedict'sthe fourth dimen- students; it is intended to challenge students to develop sion of our Mission. their full human potential and a mature understanding of I visualize the Catholic dimension of the College as Christianity with a lifetime commitment to its values. being comprised of three concentric spheres, similar to a The College is a place where faculty and students live and box within a box within another box. For our purposes, learntQgether,where students discovertheir own the outer sphere is freedom of inquiry. This is the quality strenTins and limitations, and where they may grow about which newcomers to the College are most con- away from self-centeredness toward other-directedness. cerned. It represents the most visible reality about the In my experience, it is a place where students and faculty Catholic dimension of education. both discover and help create a community of relation- The middle sphere is our community itself, the context ships. The community then becomes a source of self- in which our students and faculty live and learn, and identity and wholeness, of affirmation and forgiveness. It which defines the characteristics of Saint Benedict's most is a place where students acquire and polish the skills they frequently cited by alumnae as having been crucial to will use to create communities in their homes and work their intellectual, spiritual and personal growth. places and neighborhoods; as a faith community, the The inner sphere is the least obvious but the most sig- College of Saint Benedict is a place where students nificant. The inner sphere is Gospel epistemology, a way develop the understanding that the planet earth is a of knowing derived from the Gospel. While less easily global community. observed, this characteristic has been at the heart of edu- Campus life is designed to help students understand the cation at Saint Benedict's, I believe, from the time of the profound and far-reaching implications of their own College's founding. exercise of freedom and responsibility. We believe that Imagine with me, first, if you will, the surface of the ethical behaviorthe responsible exercise of freedom outer sphere which begins to reveal the character of flows from a way of knowing God, a way of knowing Catholic education at Saint Benedict's, freed= of in- which is fostered by daily community life at Saint Bene- quiry. I realize that having lived within this tradition, I dict's. The middle sphere, thenacademic and faith take intellectual freedom of inquiry for granted. communities combineddefines for many what is most Newcomers to the College, however, sometimes ask Catholic about education at Saint Benedict's. whether they will be really free to explore knowledge The inner sphere, which is at the heart of the education wherever their research leads. They question whether we claim to be Catholic, is Gospel epistemology, a way faculty here know and respect the ancient traditions of of knowing derived from the Gospel. We hold firm to the scholarship which assume that truth will be best served belief that our vision of lifeof what it means to be by honest and thorough investigation. They seem com- human and of what it means for humans to pursue truth forted to discover that faculty and students at Saint Bene- this vision which is revealed to us by the Gospel, does dict's work in this tradition, which I know to be Catholic, indeed shape the educational process in a way which and that they are not constrained but rather are freed and leads to the liberation and transformation of our stu- empowered to explore reality with confidence and to seek dents' lives. an even more profound understanding of truth. While all colleges examine the world and the human Imagine, now, the middle sphere of the Catholic char- condition, colleges like Saint Benedict's claim to do so acter of education at the College of Saint Benedictthat with a difference. We claim to examine the human condi- of community. At Saint Benedict's, community is be- tion with the same thoroughness as others do and, in lieved to be not only the desirable but the necessary con- addition, we claim to make every effort to include, in text for achieving the goal of education: the integrated that examination, the perspective of the Good News person. The College is primarily an academic com- about human life found in the Gospels. munity, one which challenges students to develop a As I have sought to define the essential elements of the mature understanding of themselves, their world and inner sphereGospel epistemologythe works of theo- their places in the world. In this academic community, logian-educator William Sullivan and philosopher Parker faculty, knowing the goal of integration, design interdis- Palmer have provided insight. Sullivan reminds us, for ciplinary experiences to help students put together the example, that the message of the Gospel is not just a mes- bodies of knowledge which they have studied separately. .sage about God or Jesus; rather, it is the good news for

40 4 3 and about humans. It is a message about God in relation- Appreciating that there are several valid ways of ship to each of us. Every Gospel statement, then, isa knowing, we respect the way of knowing which is domi- statement about the nature and destiny of us all. nant in American higher education, that of objective While other religious traditions have different ways of investigation, analysis, and experimentation. Neverthe- describing the mysteries which surround human lifeits less, we have wished to avoid dependenceon any single source and destinythe Gospel narrative, our tradition, way of knowing, preferring a multi-dimensional mode tells us that we are all created by God, that we live ina which, I believe, includes a mode derived from the world made new by the presence of God amongus in Gospel. At Saint Benedict's, we feel called, through this Christ, that we share now in the resurrected life of Jesus, way of knowing, to involvement, mutuality and ac- in the Spirit of God, while we await the time when His countability. We feel diminished by any mode of know- glory will be revealed inus. Growth in faith is the work ing which puts distance between us and reality or encour- of a lifetime and so is our struggle with understanding the ages us to manipulate that reality. Western culture has implications of faith for education. long been best at analysis, at separating and distinguish- When I taught Shakespeare's comedies, all of which ing, at cataloging specific differences. Of late, however, I ended in joyous festivals and wedding dances, those am more impressed with the power of the Eastern mind plays did not seem to me hopelessly romantic but rather to perceive all things in their essential unity. profoundly true to the human experience in the whole of I find that here at Saint Benedict's, we believe that the life. The happy endings of comedies are not untrue to life Gospel mode of knowing the world in its essential unity if we can cling to the hope, promised in the Gospelmes- will prompt students to be participants in life and not sage, that somehow there is life beyond death. mere observers, that it will help them experience their At Saint Benedict's, through the years, we have oneness with trees and stars and with the citizens of demonstrated these beliefs about ourselves and aboutour Soweto, South Africa. We believe that the Gospel mode relationship to God and the world in our liturgical life of knowing will help students embrace the gift of the and our moral teaching. Most importantly, we have at- earth while they investigate it. tempted to live these beliefs in the way we approach the We pursue truth and we teach students to have not central activity of the Collegethe acts of learning and only an inquiring mind but also an open mind. We have teaching. learned from the holy men and women ofevery great Our conception of truth, of -how we know it and teach spiritual tradition that we are not in search of truthso it and learn it, the primary concern of the College, has much as truth is in search of us. Truth is not evadingus been formed by the implications which can be drawn so much as we are evading the demands which truth from Jesus' claim to be, Himself, the Truth. "Iam the might make upon each ofus. way, the truth, and the life." Many of us may not have Francis Thompson's "Hound of Heaven" describesour consciously connected our conviction about theper- fleeing from the Hound of Heaven, fleeing from truth, vasively interrelational and interdependent character of from Wisdom, from God: reality with that claim of Jesus. We all understand, however, the simple wisdom behind Jesus' claim that truth I fled Him, down the nights and would be found in Him, a Divine-human person whom down the days; we can know and love. Truth, He suggested, is personal. I fled Him, down the arches of Perhaps because we are a women's college, as wellas a the Years; liberal arts, Catholic college, we have developeda way of I fled Him down the labyrin- knowing that is relational, intimate, personal and inte- thine ways of my own mind, grated. Parker Palmer, in his presentation of Gospel epis- and in the mist of tears, temology, articulates what we at Saint Benedict's, during I hid from Him and under our noblest moments, have intuitively held to be true running laughter... about the way we know ourselves and the world aboutus. [I fled) from those strong feet Celie describes that world in Alice Walker's The Color that followed, followed after. Purple and says what we sense to be true about theone- For me, the truth about the Catholic character of the ness of all things, a oneness we have not wished to College of Saint Benedict is represented in the nested destroy even in our conception of reality. spheresfreedom of inquiry, community and Gospel One day when I was sitting epistemology. In accepting thePresident's Medal,I quiet and feeling like a pledge myself to uphold the Mission of the College of motherless child, Saint Benedizt. which I was, it come to me: that if I cut a tree, my arm would bleed. And I laughed and I cried and

I run all around the house...

41 4 4 Saint Michael's College: Its Catholic Character and Academic Freedom

Paul J. Reiss

Concern about issues of academic freedom in the con- revised. Many have suggested that such a pastoral should text of a Catholic college has prompted a request that I not be issued at all. Pope John Paul II has recently indi- discuss with you this important subject as it relates to cated, however, that he wants to issue a pastoral on Saint Michael's College. For several decades, academic Catholic higher education.3 freedom has not been a major issue at Catholic colleges The Schema itself recognizes a13::,sicproblem in at- and universities in the United States. Faculty and students tempting to develop a document for the entire world: "In have enjoyed the same freedom to search for the truth as such diversity of situation a precise law for application is experienced by their counterparts at other American uniformly toall Catholic universities appears impos- colleges and universities. It does not appear to have been sible."' Undaunted by its own observation, the Schema a major issue at Saint Michael's, at least for many years. then proceeds to lay down some very precise norms for Concern has arisen, however, by reason of the atten- all Catholic universities. The norms with the greatest tion given during this past year to the withdrawal of an relevance for academk. freedom include the following: ecclesiastical commission from Father Charles Cunan at Article 9.1:"The episcopal conferences and the dio- The Catholic University of America and to a proposed cesan bishops concerned have the duty and the right of Schema (or outline) for a pontifical document on Catho- seeing to it that in these un'versities, the principles of lic universities. The Catholic University in Washington, Catholic doctrine are faithfully obrerved." unlike other Catholic colleges and universities, is char- Article 26.1: "Allteachers who are to be chosen, tered by the Church and has three ecclesiastical faculties: nominated and promoted in accordance with the statutes are to be distinguished by academic and peda- philosophy, theology and canon law, the members of gogic ability as well as by doctrinal integrity and up- which must have special commissions to teach in the rightness of life so that they may cooperate effectively name of the Church. It was this commission that was to achieve goals of the university." withdrawn from Father Curran. Article 26.2:"Teachers who lack these requirements are to be dismissed, observing the procedures estab- The Schema for a Pontifical Document lished in the statutes or equivalent document." Article 27.1:"Catholic teachers or researchers shall While the Curran ca-e by reason of the special circum- carry out their tasks faithfully observing the principles stances of an ecclesiastical faculty at a pontifical university of Catholic doctrine." Article 31:"Those who teach theological subjects in has limited relevance for Saint Michael's, the proposed any institute of higher studies must have a mandate Schema is potentially much more significant.1 A draft of from the competent ecclesiastical authority." this Schema was circulated for response around the Article 9.3:"If the Catholic character of the univer- world. Responses from Catholic colleges and universities sity continues to be compromised in a serious way, the in the United States and from the Board of Directors of competent ecclesiastical authority may declare the uni- the Association of Catholic Colleges and Universities versity to be no longer Catholic." have been submitted to Cardinal Baum, Prefect of the Sacred Congregation for Catholic Education.2 It is fair to The Catholic College in America say that the responses have generally been very critical The understanding of the nature of a Catholic college from both theoretical and practical viewpoints. Ap- which forms the basis for these proposed norms is clearly parently similar responses were received from other areas at variance with that known and accepted in the United of the world. The draft will undoubtedly be substantially States, especially by college faculty and administrators and, I believe, also by members of the hierarchy. In at- Dr. Reiss is the President of Saint Michael's College. His tempting to address some very real issues of legitimate . paper waspresented before the College's Delta Epsilon concern to the Church, the Schema fails to recognize the Sigma chapter at its December 3, 1986 Convocation. unique character and situation of the American Catholic

"Proposed Schema for a Pontifical Document on Catholic Universi- ties." Congregation on Catholic Education, 1985. 3Ta lk to the plenary meeting of the Congregation for Catholic Educa- 2"Catholic College and University Presidents Respond to Proposed Vati- tion, November 13, 1986. can Schema," Origins, Vol. 25, No. 43 (April 10, 1986). 4Schema, Proemium, Article 48.

42 4 5 college. It is my conviction that this failure is in turn Throughout the history of American Catholic colleges, based upon ambivalent conceptions of the nature of the there has been a struggle for acceptance as quality Ameri- relationship of the Church to colleges and universities. I can colleges. It has been successful at Saint Michael's and find two statements on this relationship in the Schema elsewhere. The restrictive and protective parochial insti- not only fundamental to the whole issue but also tution is an image of the past. Not only the major Ameri- contradictory: can Catholic universities such as Notre Dame, Fordham "The Catholic university is an expression and a or Georgetown but a number of small colleges such as presence of the church in the world of culture and Saint Michael's have become accepted and respected in higher education." American higher education as "nstitutions which fully "It [the Catholic university] exists within the Church meet the essential requirements of quality academic insti- and is part of it."5 tutions. These institutions, while retaining their Catholic Here, I believe, is the basic problem: Saint Michael's identity and character, are institutions at which faculty College, along with other American Catholic colleges with excellent qualifications, including degrees from the and universities, is "an expression and a presence of the most renowned universities, desire to teach and carry out church in the world of culture and higher education." their scholarly work and where fine students are able to Indeed, I would contend, an effective expression and pursue their studies in every field with freedom and chal- presence, one that can and should become even more lenge. Upon graduation, they are accepted as well quali- conscious of and effective in this role. However, it does fied for advanced study at other institutions and for violence to the history and character of Saint Michael's positions in business and the professions. College to conceive of its existing within the church and being a part of it. Academic Freedom There are some misunderstandings about the nature of A critical condition for this acceptance of Catholic col- American Catholic colleges which apparently exist on the leges and universities today is the adherence to principles other side of the Atlantic. Most C3tholic colleges in this of academic freedom. In the case of Saint Michael's, these country were founded by groups of religious men or principles are incorporated into the faculty regulationsas women; in the case of Saint Michael's,it was the follows: "a) Faculty members, as teachers and srholars, Edmundites. The foundings were usually, although not have the freedom to seek truth in research as theysee it always, welcomed by the local bishop, but it is important and as their professional training directs them to it; to point out that the colleges came into existence through b) they have the freedom to publish the results of their charters granted by the State, not through charters or research; c) they have the freedom to plan courses and mandates by the bishop or an episcopal conference. This discuss their subjects according to the dictates of their is not the case in every nation but is so in the United training and knowledge; d) they have the freedom to States. Furthermore, the institutions can continue to speak or write on public issues as citizens without institu- award degrees recognized throughout the society by tional censorship or discipline." reason of the accreditations which the colleges receive "Recognizing the responsibilities imposed by the prin- from regional and specialized accrediting associations. ciple of academic freedom, faculty members agree to Saint Michael's is chartered by the State of Vermont and respect the following: receives its accreditation from the New England Associa- "a) In lecturing or teaching, they should not maintain tion of Schools and Colleges. a position contrary to the basic mission and goals of this Saint Michael's College, again like almost all private institution. While free to euss objectively any political colleges and universities in the United States, is owned by or religious doctrine in whicn they have competence, and an independent self-perpetuating Board of Trustees. to state their position, they should respect the freedom of Today almost all of these boards have a predominance of the students to take a contrary position and not penalize lay members. Both religious and lay members, however, them for it. are dedicated to maintaining the mission of the College as "b) When speaking or writing as citizens, they should an independent Catholic college. As an independent col- remember that the public may judge their profession and lege, the College is not controlled by nor directlysup- their institution by their utterances; hence, they should ported by the State as are the public colleges and univer- make every reasonable effort to be accurate, exerciseap- sities. It is also not controlled by nor supported by the propriate restraint, show respect for the opinions of institutional Church. It is a free, autonomous, indepen- others, and indicate that they are not speaking for the dent and Catholic institution supported primarily by the institution." tuition of the students who choose to attend. Many of This academic freedom implemented at Saint Michael's these students are eligible to receive Federal and state and elsewhere is not a concession to the requirements of grants and loans to attend because the college is inde- secular society. Rather, itis absolutely essential if the pendent. The College is also supported by alumni and College is to serve the Church and be a presence of the friends, including especially the voluntary contributions Church in the world of culture and ideas. With academic of the Society of Saint Edmund. freedom, the Catholic college and its faculty have credibility in the intellectual world. 5Schema, Proerniurn, Article 17. This freedom and autonomy of the Catholic college is

43 4 6 also essential for the development of Catholic teachings. criticism of the university providing for his work. Major It permits these teachings to be brought into the main- American Catholic universities long ago adopted aca- stream of intellectual developments not only in theology demic freedom. This was done not as a compromise of but in the several academic disciplines. It enables Catho- ideals to secular reality but as a way to make those insti- lic thought to grow and dcvelop through dialogue with tutions more effective in service to the Church....We other fields and other scholars. all must learn in a free society to discern right from The concept of a Catholic college as being "within the wrong, truth from falsehood. Gaining such maturity is Church," as a college being governed primarily by the demanded of all of us and should result from the whole need to transmit the truth already kno-vn without chal- education received in a Catholic university."6 lenge or criticism from these with diffe:-ent views, and The concept of the American Catholic college being with instruction being a process of indoctrination, is a within the Church and part of it does not accord with the concept which will certainly not serve well the students of reality as we know it, nor the ideal. It is for this reason Saint Michael's and indeed will not serve the Church. that Father Hesburgh, the President of the University of Notre Dame, in response te the proposed Schema stated: Freedom For Catholicism "The terrible dilemma is that the best Catholic pniver- We should be mindful that intellectual and religious sities are being asked to choose between being real uni- freedom must also be extended to the Catholic Church versities and being really Catholic when, in fact, they are itself. The Church has not only a sacred obligation but already both."' indeed a right to have its doctrinal and moral thought presented to the faithful in a clear and sympathetic man- Really Catholic? ner. Bishop Marshall of Vermont has rightly calledfor How in the context of academic freedom may a Catho- academic freedom for Catholicism. Students attending a lic college be "really Catholic"? Catholic college, especially, should have the opportunity The answer, I believe, lies in the concept of the Catho- to develop an understanding of the Catholic faith as lic college as "an expression and a presence of the church promulgated by the Church. Saint Michael's and other in the world of culture and higher education." I would Catholic collegs should make available to their students a submit the following as characteristics of a college which curricular and extra-curricular program which fosters a fully respects academic freedom and is really Catholic: development of a mature understanding of the faith. 1. There is a free and diligent search for the truth on We must also take recognition of the fact that many the part of faculty and students concerning every aspect students advanced in other areas of knowledge come to of God's creation motivated by a faith in its goodness and the College with a very meager understanding of their in a humankind redeemed by Christ. Christian faith. We should provide an opportunity for 2. There is a commitment to the development in free- these students to develop an understanding of their faith dom of the human intellect as a process which enables us which may then be subjected to critical evaluation and to become more human and which, therefore, brings us analysis. We should not, for example, emphasize issues in closer to God. dispute among leading theologians before the student has 3. There is an opportunity for a continual dialogue be- had an opportunity to grasp at least a rudimentary tween the Catholic faith and reason with each developing understanding of the principles of the faith that are at in the light of the other. issue. It is simply poor pedagogy. 4. The study of human religious experience is ac- The teaching authority and responsibility ofthe corded an appropriate position within the liberal arts and Church, the Magisterium, and the responsibility and role sciences. Theology and other disciplines are studied in of a college or university are indeed different. As a result, relation to each other. there will from time to time develop a tension between 5. There is an opportunity prcvided for each student the two. We can preclude this tension from turning into to grow in the knowledge of his or her faith. conflict if both the Church and the College recognize the 6. Attention is given by faculty and students to issues legitimate interests and rights of the other. Of course, the of justice and peace in the context of Christian so.rial Church seeks a clear and pre-eminent presentation of its principles. official teachings at a Catholic college. Of course, the 7. There is a global perspective in curricular and College seeks to maintain a context of academic freedom. extracurricular activities based upon the conviction that There need be no inherent conflict between the two. all peoples are united in God's family and upon the uni- A Catholic college with academic freedom is going to versality of Catholicism. run the risk from time to time that its principles of aca- 8. Serious attention and concernisgiven to the demic freedom will be poorly understood by its various spiritual and moral development of students as well as to publics. Archbishop Rembert Weak land of Milwaukee their intellectual development. This is reflected in the recently offered a helpful clarification. After pointing out character of student life on campus. that the teachings of a specific theologian on the faculty at Marquette University were clearly at variance from the 6"Herald of Hope" Catholic Herald, March 21, 1985 official teaching of the Church, the Archbishop stated: 7"The Vatican and American Catholic Higher Education" America, "My criticism of a Marquette theologian is not meant as a November 1, 1986, pp. 247-250. 4 7 44 9. There is a campus community of faith manifested velop the Catholic character of our college. We need to through the liturgy and also through a personal concern have that concern highlighted for us here at Saint of the members of the community for each other. Michael's. It is important for us, for example, to redouble 10. The college identifies itself as Catholic and attracts our efforts to bring to the faculty and staff of Saint to it faculty, staff and students who seek to participate in Michael's persons who seek to support the mission of this the intellectual, social and spiritual life of a Catholic college as an independent Catholic college of high aca- college. demic quality. It is through these characteristics that Saint Michael's is We must point out the serious error in attempting to and shall remain a Catholic college, an expression of the preseive the Catholic character of Saint Michael's by at- presence of the Church in higher education. It is through tempting to bring it within the juridical power of the these charactecistks that Saint Michael's is different from Church. But at the same time, we must work hard to secular colleges and universities. maintain and further develop the true Catholic character In general, Saint Michael's and other Catholic colleges of Saint Michael's. It will remain Catholic only so long as in the United States have been successful in being both we are determined that it be so. Catholic and respected colleges and universities. Catholic In conclusion, let me bring to your attention the words colleges in the United States, roughly half the total in the of the 1980 letter of the American bishops on Catholic world, are the most vigorous and effective of Catholic Higher Education and the Pastoral Mission of the Church: colleges on earth. "Academic freedom and institutional independence in pursuit of the mission of the institution are essential com- The Future Agenda ponents of educational quality and integrity: commitment to the Gospel and the teachings and heritage of the The Vatican does have reason to be concerned about Catholic Church provide the inspiration and enrichment Catholic colleges. We need to be frequently reminded of that make a college fully Catholic."' our mission. We need to be reminded that vigorous ef- These, I am convinced, are the principles which should forts are required in order to maintain and further de- guide Saint Michael's College.

sCatholic Higher Education and the Pastoral Mission of the Church. Part Two, "Identity and Mission," Washington, D.C.: United States Catholic Conference, 1980.

45 48 Dissent In Catholic Universities

William J. Rewak, S.J.

Discussions have been rife these last months on Catho- could happen in two ways. Theologians may stop explor- lic university campuses about what some consider the ing the challenging questions of the day in a creative, Vatican's rzcent heavy-handed use of its authority. Father healthy way because they fear actions which may pre- Charles Curran of The Catholic University of America maturely end their teaching careers. Moreover, able has been ordered not to teach Catholic theology; Arch- theologians may abandon Cath.olic institutions altogether bishop Hunthausen of Seattle has been relieved of his inorder to avoid embarrassing confrontations with teaching authoritythough he's been allowed to retain Church authorities. Circumstances of this sort would administrative and financial authority. Father Michael seriously undermine the standing of Catholic scholarship Buckley,S.J.,of the Jesuit School of Theology at in this nation, isolate our theological community and Berkeley, had been questioned last spring concerning his weaken our Catholic institutions of higher education."' purportedly irresponsible action in signing a statement in Such a concern gives rise to three important questions: 1977 concerning the ordination of women; after a formal Is there a place for freedom of intellectual inquiry in a investigation, however, he was allowed to accept his Catholic university? Is there a place for responsible, and position as a resident theologian in Washington, D.C., public, dissent? And how valuable is the pluralism of an for the American bishops. American Catholic university? For pluralism does not And there has been that current difficulty in the seem at the present time to fit into the pattern the Vatican Church's new Code of Canon Law: a statement requiring is weaving. those who teach theology in Catholic universities to re- Was George Bernard Shaw rightafter allthat ceive beforehand a mandate, or permission, from the "Catholic university" is a contradiction in terms? Or, to local bishop. In addition, a draft of a new pastoral letter be more contemporary, is Denis O'Brien, President of Pope John Paul II wants to publish regarding Catholic the University of Rochester, correct when he says, "The higher education was recently issued, a draft all the traditions of church and university are radically different Catholic university presidents were asked to comment ideological traditions, and nothing but disaster results upon. They've objected to it very strongly and there have from assimilation...these traditions are in conflict, and been indications that some changes will be made so an attempt to blend university and church into one though recent events might indicate to a perceptive Vati- happy,syncretic whole will end inthe con-uption can watcher that the Pope is not easily persuaded to of both"?' change his mind or, as he sees it,to back down on Let us look at the first question: Is there a place for strongly held principles. freedom of intellectual inquiry in a Catholic university? I will not elaborate on the specific cases just mentioned Two considerations impel us to answer an obvious except to draw my conclusion in the context of the "yes" to that question. The first involves the very nature Curran controversy. Rather, I want to say something of the mind itself. Looked at epistemologically, inquiry about Catholic university education while allowing those is as much a part of the brain as are the blood vessels and specific cases to function as background. nerve endings; it is the process by which the intellect It is normal that the question would arise in our minds: searches for meaning. "Human intellect," says Bernard what is the future of Catholic education if the isolated in- Lonergan, "belongs to the realm of spirit ...(and) Its stancesI have cited become a well-woven pattern? knowing is process." And that process, he says, "is the Bishop Matthew Clark, of Rochester, New YorkFather prolonged business of raising questions, working out Curran's bishopreleased a statement on March 12, tentative answers, and then finding that these answers 1986, before the Vatican issued its order, and he said this: raise further questions."3 "If Father Curran's status as a Roman Catholic theologian is brought into question,I fear a serious setback to 1Quoted in Richard McCormick, "L'Affaire Curran," America, April 5, Catholic education and pastoral life in this country. That 1986, p. 267. 2"One, Holy, Catholic and Somewhat Infallible," America, April 4, Father Rewak is the President of Santa Clara University. 1987, p. 276. 3"Insight: Preface to a Discussion," in Collection: Papers by Bernard His text is a revised version of an address delivered at Lonergan, SJ., ed. by F.E. Crowe, S.J., Herder and Herder, 1967, Santa Clara's Faculty Convocation, September 19, 1986. p. 156.

46 4 9 The dynamism of the intellect, in other words, forces that He has reached down in some mysteriousway and us to keep probing; it is of the nature of the intellect to made us a part of His life, then we cannot, ifwe are want always to know further. This is, for all of us,an humble and honest, be too far wrong inour seeking. Mis- experiential fact. It is what we do ina university, and as takes, yes. But honest ones. The important thing is that long as we are a university, we will continue to do that we keep moving, haltingly but determinedly, toward Him. whether our minds are Catholic mindsor Lutheran minds I do not deny that some self-conscious integrationis or Jewish minds. necessary in a Catholic univers:ty. Prudent balancing is But the second reason why we should say "yes, there is called for when we are institutionally committedto a place for intellectual inquiry in a Catholic university" something we accept with faith and at thesame time obli- involves both the nature of truth andour apprehension gated in a professional way to question that whichwe of it. And here we touch upon what itmeans to be believe. But that is the only way theological under- "Catholic." standing in the Church grows; it is the onlyway we learn Admittedly, Catholic universities adhere to certain more about what we believe. Anyone familiar with the values. They are outlined in our statements of goals and vagaries of past pronouncements by various Church they are part of our lived experiences oncampus: liturgy councils knows that we believe and accept thingsas true and prayer are important values; the struggle foran inte- today that we did not accept 500 or 1000years ago. That fgated morality is an important value; the respect for life fact does not undermine the teaching authority of the is an important value; and the ordinary teachings of the Church; it is only to say that we do understandour- Church are important values. But truth is alsoan impor- selves, our social nature, our relationship with God ina tant value. After all, Truth is, ultimately, God. The better, more enlightened way. We becomeever more Church is therefore as much committedto the truth as a precise in the articulation of our r aderstanding. university is; indeed, over the centuries the Church has And on a personal level, integration is called for. Ifwe recognized that the particular modality in which the are religious persons, we have to respect what our reli- Catholic university carries out its mission of service is in gion teaches, accept it with humility, but be readyto seeking the truth, with all the critical intelligenceat its question it so that we may understand it better. Integra- command. tion is not always an easy matter: our lives are filled with But there is no doubt that the consistentstance, if you compartments; the schizophrenic is the one who jumps will, of the formal "teaching" Churchthe magisterium from compartment to compartment without seeingany is to protect and guard the truth; while the consistent relation among them. And so the tension between faith stance of the university is to elucidate, question and ex- and inquiry will always remain a part ofour inheritance plore the truth. What must be asserted with all due as human beings. But it is both possible and necessary to respect is that these two stances are not incompatible. It is strive to integrate themthrough discourse, through dialogue, discourse, and mutual respect which make clear and humble scholarship, even throughprayer. compatibility possible. As a Catholic, therefore, as a Jesuit priest, I believe And I am not saying that the Church's approachto very strongly in certain issues, but that does not prevent truth is absolute while the university's is relative. Truth, me from studying those issues with enlightened and that value we continually strive for, is not relative, but respectful scrutiny. As a Catholic university,we are com- our apprehension of it is always partial; we are never in mitted to certain traditions and values, but that commit- complete command, at any one point in history, of the ment does not prevent us from applying to them the gift fullness of reality or of God's revelation. And that is only of our intellect; rather, it is precisely through theopera- because we live in space and time; weprogress through tion of its critical intelligence that a Catholic university mistakes to a small understanding of one aspect of truth. serves the Church. We are not disembodied intellects, all-knowing andcom- Father Richard McCormick, in his America articleon pletely, simultaneously aware of all of reality. Weare the Curran controversy, wrote: "...discussion anddis- incarnate: we are stuck in matter and we live in dimen- agreement are the very lifeblood of the academic and sions. And so being committed to the trutheven witha theological enterprise. We all learn andgrow in the proc- capital "T"is not the same as possessing it, whole and ess, and it is a public process. Without such theological entire,consciously andarticulately,atany given exchange and the implied freedom to makean honest moment. We are always groping, with assurance and mistake, the magisterium itself would be paralyzed by with humility, toward understanding. the sycophancy of theologians."4 For revelation is both a-historicalcoming as it does The second question is more difficult and takes itscue from the timeless essence that is Godand historical: the from Father McCormick: Is therea place in a Catholic Word is spoken and imbedded in history andwe must university for responsible, and public, dissent from ordi- therefore look to the unfolding of history for thecon- nary Catholic teaching? For if we allow freedom of in- tinuing incarnation of that Word. quiry, dissent will be an inevitable by-product. There must, ultimately, after the last star has faded Archbishop James Hickey of Washington, D.C., said and after the last voice has spoken, be onlyone truth, last August, in referring to the norms established by the even though we experience different facets of it. Then why be afraid of seeking it? If we trust that God is good, 40p. cit., p. 264.

47 50 United States bishops in 1968 for public dissent, that they handled in a respectful and responsible manner. And it are "simply unworkable. Indeed, the Holy See has gone must avoid confrontational tactics: such tactics only on to clarify that for us and to say there is no right to harden positions and make accommodation and work- public dissent."' His statement came as a surprise to the able solutions impossible. A scholar's mind is open and U.S. Catholic Conference; but it does indicate that, re- humblebut honest. garding dissent, we are witnessing both a growing uneasi- Karl Rahner asked this: "What are contemporary ness within Vatican walls and a hardening resolve on the moral theologians to make of Roman declarations on part of some members of the hierarchy. sexual morality that they regard as too unnuanced? Are What does a Catholic university do in the face of such they to remain silent, or is it their task to dissent, to give a resolve? a more nuanced interpretation?" And his answer is,"I An easy answer, though a valid one, would be to believe that the theologian, after mature reflection, has underline the primacy of academic freedom in a univer- the right, and many times the duty, to speak out against a sity setting. Itis, however, not the complete answer, teaching of the magisterium and support his dissent."' because dissent by itself is not the central issue. As a Father Rahner always insisted, however, that such dis- matter of fact, despite the general tenor of Archbishop sent be handled with love for the Church. Hickey's statement, even quite traditional theologians What if such dissent is not responsible, is not handled often view dissent in the Church now "much more realis- with love for the Church? What if such dissent is not ad- tically and positivelyas the ordinary way to growth vanced within the context of a dialogue but only serves to and development," as McCormick has written. harden positions and cause intellectual collision? In other words, in order to protect the intellectual I suspect there are siEuations existing on a Catholic uni- vitality of the Church's understanding of itself, respon- versity campus here and there where a president would sible dissent is not only allowed,itis required. The be very happy to see a tenured theology teacher resign. A controversial issue,as both Archbishop Hickey and bishop now and then must throw up his hands and Father McCormick have suggested, is public dissent. wonder in stark amazement about some of the ideas First of all, we must acknowledge the nervousness that being discussed and preached under the guise of respon- certain groups in Rome feel about dissentand espe- sible theological scholarship. But those cases are minimal cially about dissenting Americans. The nervousness is when compared with the deep commitment, honest historical, with roots in the Modernist controversy of the scholarship, and careful thought that characterize our last century; and Pope Leo XIII had problems with theology departments. An aberration here and there is an "Americanism" at the start of the present century. Rome unfortunate but reasonable price to pay for an intellec- does perceive us at times as a dissenting part of the tual freedom that the Church must have if it is to grow in Church. They feel, perhaps, that they are dealing with its understanding of itself. The alternative is unreason- 13-year-old adolescents, and we should be honest enough able, for to stifle such an aberration, with some form of to admit that we have not infrequently acted that way. censorship, is to put in jepardy that far greater good of Americans can be feisty; but I think our theologians do theological development. understand that dissent, handled responsibly, with study Peer criticism has always been much more effective, and humility, is "a way of getting at things, a part of the historically, than censorship. But peer criticism is only human processofgrowthinunderstanding." possible if the study of theology is accepted by the magis- (McCormick) The fact remains that we will conZinue to terium as a public function of the Church. To sGme ex- have to deal with the differences between our approaches tent, it has always been publicwars have been fought to theological investigation: Rome tends to be prescrip- over opposing theological claimsbut it has become tive; America tends to be dialogic. more so in recent years. However, if we take Vatican II Secondly, in today's world, we cannot avoid that dis- seriously, such public theological activity, always recog- sent will be publicespecially in sensitive matters. With nizing the requirement of competence, is enjoined on the modern communications, with the immediate avail- whole Church: "all the faithful, clerical and lay, possess a ability of information, with the interest of the media in lawful freedom of inquiry and of thought, and the free- the Church, itis inevitable that any controversy sur- dom to express their minds humbly and courageously rounding those issues which do touch the lifeblood of the about those matters in which they enjoy competence."' Catholic Churchor even appear sensational to the It is clear, I hope, that I am not opting for theological mediawill become public. anarchy. Mistakes and irresponsibility are regrettable, Public dissent, however, is not always and necessarily and authorities in a Catholic university have an obliga- desirable. It can foreshorten reflection and often makes tion to minimize, as far as lies in their power, the scandal careful scholarly work difficult:it is almost impossible that can be caused by such mistakes and irresponsibility. for the media to handle complicated and thorny issues. And there is a serious obligation on the part of the But the fact is that dissent will be public. My point is that Church authorities, as far as lies in their power, to help we cannot step back from dissent simply because of its in- maintain a theologically astute and steady course toward evitable publicity; however, dissent must always be truth. But it is still true that the end does not justify the 6Stimmen Der Zeit, 1980, quoted in McCormick, op. cit. 5National Catholic Reporter, September 5, 1986. 7Gaudiu,,, Spes, no. 62.

48 51 means: the goals of purity of doctrine and of clarity of unreservedly necessary for the vitality and effectiveness understanding are valid, but they cannot be sought using of a Catholic university. Without those values, we are means that vitiate the process of understanding. not a Catholic university. So, yes, we run the risk of false scholarship and irre- For both the Church and the university have the same sponsible behavior. But it's a riskwe have enthusiastically goal: to set people free so they may live the heedom of agreed to and one we monitor with both the professional the children of God. academic safeguards of peer review anda clear under- And Catholic universities passionately espouse all the standing of the traditions of our institutionsina plural- traditional values of the Church: its struggle for wisdom, istic, academic context where we cannot and ought not to its adherence to the g message, its ecumenism, its exclude from our considerationany facet of the diamond deep reverence for the liturgy, its predilection for the of God's creation. poor (nowhere but in America, by the way, do Catholic That brings us to the third question: How valuable is universities do so much in the form of community service the pluralism of the American Catholic university? and scholarship aid for minorities and underprivileged). It is a valid question: the Vaticanappears now some- Indeed, in today's world, there is probably no morecru- what uneasy with pluralism. In its initialstages certainly, cial concern shared by both the Church and Catholic the pastoral letter on Catholic universitiesto be issued in universities than the search for justice. the near future by Pope John Paul II emphasizes the dan- With such common concerns, should we not be able to gers of pluralism. The letter's message seems to be that dialogue without recrimination or fear of censorship? everyone should say and think the same thing in order to The Catholic university, to remain true to its calling, ensure that doctrine is kept safe. But universities, it must needs constant dialogue with its traditions; the Church, be said, ought not to be safe; they should be alive and to be able to give to the world, needs constant dialogue bustling. The American university, especially, is usedto with the world. pluralism. We are a nation ofmany religions, of many And so the question is inevitable: What if we, at this peoples, of many languages. Respect for the humancon- university, were presented with the same situation as was science and for religious liberty is a cornerstone ofour presented to The Catholic University of America? First of nation; indeed, in Vatican II, thanks to the Jesuit John all, of course, there are differences: that University has Courtney Murray, that notion becamea part of the divisions chartered by the Vatican; American bishops Church's consciousness of itself. comprise a certain percentage of the Board of Trustees; Humanity, made up of billions of differently-shaped and the Cathelic theologians there are expectedcer- pieces of flesh, finally, in the whole,composes the face of tainly by the Vaticanto represent Catholic teaching in God. We should honor that difference, dialogue with that a much more formal way than they are in other Ameri- difference among ourselves, understandour differences can Catholic universities. That needs to be said, because to see where our love fits together. if a theologian were ordered to stop teaching,we would It seems to me, therefore, thata university, if it is to be given the American legal and educational systemhave catholic, with a small "c," must emphasize pluralism a much harder time than Catholic University in comply- that's really a tautology. It must reach out toeveryone ing with such a directive; we would not be able to comply and leave no part of creation untouched. Itmust embrace with it. But it is also true that The Catholic University of creation. Be critical, yes, but be loving, too. America, since it, too, is subject to accreditation andem- But if a university is to be Catholic, witha capital "C," powered by the state to give civil degrees, will certainly it must also emphasize pluralism. As Joseph Komonchak have a difficult time ifit decides to heed the Vatican recently observed, "The adjective 'Catholic'was first em- directive. ployed by church fathers precisely in oppositionto sec- And here I must make a distinction between the uni- tarian and regional claims;itreferred to the broad, versity's response to such a directive and the individual worldwide communion of churches engaged in theircrea- professor's response. A university, when it grants tenure, tive and transformative encounter with the ancient makes a contractual agreement with a professor that culture."' binds the university to maintain the employment of that We cannot honor and do justiceto the astonishing professorbarring those circumstances usually made ex- diversity of God's gift of creation if we do notopen our- plicit in the contract. The professor, however, is notso selves to it. bound. Ordinarily, he or she can leave at the end of the In summary: we are being true toour mission as a year with impunity, by choosing not to sign the annual Catholic university 1) only if we are engaged honestly contract. and unrestrictedly in intellectual inquiry; 2) only ifwe The university, therefore, cannot eliminate tenureor are allowed to dissentand the dissent is couched in sin- remove a professor from the classroom simply because cere terms of a dialoguein order that our understand- an outside agency forbids a professor to teach. A profes- ing of our role in the Church's missioncan grow, and so sor, however, may very well decidebecause of a spe- that the Church's understanding of itselfcan grow; and cial bond of obedience which he respects; because of the 3) only if we embrace pluralism. Those three valuesare greater good or perhaps to avoid further scandal; or for personal reasonsto cease teaching, and even to giveup 8"Issues Behind the Curran Case,"Commonweal,January 1987, p. 43. tenure. But this is a personal decision made apart from

49 52 the institutional commitment to him. He can decide to monastaries and convents and compelling them to a more give up his right to tenure, but the university cannot evangelical way of life, and Ignatius Loyola took a big order him out on the basis of an external directive. risk when he started a new religious order, and new However, quite apart from the legal and educational schools, with no money. constraints, my point is that such compliance on the part Because of risks, history is changed. It moves suddenly of this university would not be desirabk, and could not closer, with clearer purpose, towards final meaning, final be assented to, precisely because we are a Catholic uni- understanding. versity, and precisely because of our love for the Church. So we should not be afraid of taking risks with our in- One last thing: I don't think we can be a true Catholic tellects, with our ideas and our criticism. Not all ideas are university without taking risks. Moses took a risk when good, we should be honest in our criticism, but most he went to the Pharoah one day and said, "I have a mes- ideas are worth investigation. We are here to extend sage for you." Jesus took a big risk when He said, "I have human knowledge; and as far as I am concerned, that is one thing to say to you, love one another." Teresa of also to learn divine wisdom. In the final analysis, they Avila took a risk when she started travelling around to ought not to be separated.

50 Beyond 'Dissent" and "Academic Freedom"

David B. Burrell, C.S.C.

Just ten years ago a group of college and university academic administrators, rather than theologians,as the faculty and administrators gathered at Notre Dame with ones best situated to explore wider areas of collaboration. a similar group of bishops to explore ways in which We also feared lest unresolved questions regarding the Catholic higher education could better contribute to the relations between a theologian's teaching role and the mission of the church. Co-sponsored by the United States bishop's teaching role could obstruct our conversations Catholic Conference, this colloquium intended to herald when the times called for constructive exchange. Why a new era of collaboration after a post-conciliar decade of short-circuit opportunities to determine where diocesan concern for the legitimate autonomy of Catholic colleges and educational institution's structures could comple- and universities. The animating force behind the meeting ment each other to foster the church's mission by concen- had been the Salamanca (1973) and Delhi (1975) gather- trating on the one area where they could most easily con- ings of the International Federation of Catholic Univer- flict? As "L'affaire Curran" is shaping up ten years later, sities, where it became clear to American delegates how our decisions have proven all too prescient. Yet in the fortunate we were in the fund of faith and competence spirit of that collaboration heralded by that bi-centennial engendered in our Catholic colleges and universities. conference, I would like to explore two buzz-words which How to tap that rich heritage to further the church's mis- have marked recent exchanges, words whoseresonance sion? How to engage educational administrator and nearly insures that academe and hierarchy will talk past bishops in sharing a vision for a common mission?' each other. Like so many gatherings of that sort, it proved inspir- Those two words are dissent and academic freedom, ing and fruitful to those who participated. We were to be and each is woefully inadequate to the task itis being blessed with a bishop in Fort Wayne-South Bend whose used for, as well as bound to provoke hostilityas well as pastoral imagination welcomed higher educationlarge- misunderstanding. (I say this after conversations with ly because William McManus understood educationso some thoughtful bishops, as well as a brief exchange with well, and the entire conference profited from the direc- my friend and colleague, Charles Curran.) In the spirit of tion and support of Archbishop Jean Jadot as Apostolic mediation, then, I wish to explore those terms in their Delegate. The Association of Catholic Colleges and Uni- current setting, to show why they are not only mislead- versities, in association with the National Conference of ing but can easily provoke hostility in different groups, Catholic Bishops, had already piloted an ad hoccom- and then propose alternative images as a way of promot- mittee of bishops and presidents to oversee areas of ing constructive conversation. potential conflict, and this conference explored thepoten- Let us first dispense with dissent. It is a telling mark of tial for interaction. Cne might surmise that the confi- a certain generation of Catholic theologians that they dence with which administrators of Catholic colleges and presume "the church" to be a palpable and enduring enti- universities recently responded to the proposed schema ty in whose service they are engaged. Whether it be the for a pontifical document on Catholic universities', and old-style Roman theologian, who went scurrying for in doing so generally count on the support of their respec- arguments in support of each papal pronouncement, or tive bishops, stems from gatherings of this sort and the the new style practitioner who scrutinizes thosesame mutual confidence they can engender. pronouncements in a more critical spirit, the mode in In planning that mc.iting, we deliberately focussedon both cases is the same: react to authoritativepronounce- ments. The very vocabulary of dissent concedes this primacy already. But Vatican II intended to usher ina Father Burrell is Professor of Theology and Philosophy at participatory church polity, with various roles and par- the University of Notre Dame. His text was prepared for ticular offices working in partnership. While bishops the University/Church Colloquium held at Notre Dame, hold a pre-eminence in orders and in jurisdiction, they January 19-21, 1987. cannot function effectively in their apostolic task without 1Papers and discussion summaries were published in Evangelization in the help of manifold gifts of the community. Theoloans the American Context, ed., David B. Burrell and Franzita Kane [Notre are certainly to be counted among those offices and gifts, Dame, 19761. so it works directly contrary to the vision of that great 20rigins 15:43, 10 April 1986) council should they adopt dissent as their signal posture

51 5 4 or eminent right. Nor is it any more constructive if others of their situation. As "dissent" called forth political im- keep backing them into such a claim. ages of the "loyal opposition," so "academic freedom" For theologians comprise a part of the church which implies that "we know no norms except those of our the rest of the body needs in a specific way. If they are so peers." And no theologians who understand their role locatedprofessionally and institutionallyas to miss within the church can countenance a posture like that. being called forth by the body of the church, they might What they can and must insist upon, however, is the free- well be tempted to cast themselves over against its dom of inquiry required to perform their role with authoritative side, and so claim the right of dissent. But integrity. that is surely but a small part of what they are called to Speaking now as a Catholic theologian, allow me to dothough betimes a fitting one. Moreover, itis cer- sketch out the grounds for such freedom of inquiry. They tainly disingenuous to call attention to one's orthodoxy are rooted in the role intellectuals play in the community by insisting that one has never objected to defined teach- of the faithful, and specified by their shared exploration ing. Would that amount to an invitation to Roman of the import of the common faith for men and women authorities to define a larger scope of teaching, so as to today. Inspired by the boldest thinkers in our tradi- insure the loyalty of Catholic theologians? tionby Origen, Ansehz, and Aquinas, as well as by Something is clearly amiss here, and I would suggest those who needed to secure the rule of faithAthan- that it is the theologians' conceding the initiative to eccle- asius, Augustine, and Bellarmine, and finally by those siastical pronouncements (to which one may dissent) as who sought to penetrate its mysteries for human life well as their location and posture vis-a-vis the church. Gregory, Ignatius, Teresa and John of the Cross, theolo- Rather than see themselves as part of its mission, their gians will mine tradition using the tools provided by cur- focus on dissent so accentuates the critical dimension of rent disciplines, in order to clarify and to extend our their academic role as to place them over against ecclesial understanding of the kingdom inaugurated with Abra- authority. The only way authority can react to that is to ham and confirmed in Jesus. That's a tall order, and each try to bring them under its wing by insisting on a "canon- one employs the talents and training which he or she has ical teaching mission" (Canon 812). The climate of col- received. Church teaching is in part given and in part the laboration accentuated in 1976 has eroded as each group material with which such scholars work. As teachers, appeals to the respective authorities of its distinct institu- they are charged largely with informing a younger gen- tional worlds: university or church. And once institu- eration, as scholars with exploring domains old and new, tional alignments are invoked, and people begin to and as researchers with extending the frontiers of those regard each other's pronouncements as intrusions on domains. theirproperturf,possibilitiesforconversation No one should begrudge a scholar or researcher the evaporate. room to exploreand here the freedom of inquiry inher- That explains why academic freedom, as well, is an ent to a theologian can often coincide with the academic inappropriate defense for a Catholic theologian, though freedom which all scholars claim and receive. Yet the it is a necessary one for an educational administrator. theologians also receive a higher call,and recognize Were I speaking as a college or university president, I themselves as part of a faith community. So out of should defend vigorously the letter and spirit of academic respect for that community as well as the faith they freedom for the entire facultyas the ACCU Board of share, they pledge themselves to distinguish clearly and Directors has done. Were I speaking to theologians on inpractice among thosethreefunctions:teaching, the faculty, I would hold them to an even higher stan- scholarship, and research. The boundaries are hardly dardas I would hold myself as a theologian. For the no- fixedseminars partake of scholarship, at least, if not of tion of academic freedom has been crafted in a liberal researchand some guidelines will have to be negoti- climate of inquiry in which academic institutions insisted ated. But that is precisely the sort of thing which the joint upon their autonomy from society rather than their ACCU-NCCB committeeofbishops and academic responsibilities to it. In practice, of course, American col- administrators was designed to do. Again, speaking as a leges and universitiesindependent as well as public theologian (which many bishops are similarly entitled to have always seen their mission in relation to the wider do), I cannot believe that the freedom of inquiry due to society, but they also had to insist on being free from the theologians in the pursuit of their dual academic and controls of pressure groups in that society in order to ecclesial task need foment so much controversy and carry it out. polarizationat least once the provocative terms of dis- And one is certainly entitled to draw analogies be- sent and academic freedom are banished as quite inade- tween that situation and the Catholic college and univer- quate to the substance of the issue. sity within the polity of world Catholicism, as their Finally, a word must be said on the intrusive strategy administrators have done so well. The task and role of and tactics of the Congregation of the Doctrine of the Catholictheologians,however, cannot be rendered Faith. Their policies world-wide are all too similar to the accurately in these terms, because they owe an inner alle- current American international posture, dubbed "global giance to both academic and ecclesial communities. unilateralism." While American bishops have urged our Hence a phraseacademic freedomwhich underscores political leaders to bolster and cooperate with the inter- institutional autonomy can easily misrepresent the reality national agencies we helped to form, our political leaders

55 prefer to "go it alone." One has similar fears regarding second draft of their pastoral letter on the economy. In- Roman congregations these days, as they act either inde- deed, were a followup meeting to be heldthis time pendently of or at variance with the manifest consensus among academic administrators, bishops, and theolo- of regional episcopal conferences. That grand strategy gianscrucial issues like the operation of "subsidiarity" certainly represents a renunciation of the collegiality cele- in the church would have to be explored. Such legitimate brated in Vatican H, and an ominous sign of ecclesial reli- concerns with power and process, however, ought not ance on bureaucracy rather than local consultation. confound a clear discussion of the freedom of inquiry One wants to urge our bishops to a more active and proper to theologians in our community. May that con- responsible interaction with Rome, as confreres in a com- versation beginin an effort to recapture and to advance mon endeavor, just as they have encouraged us to imag- the spirit of collaboration celebrated a decade ago at inative strategies of participation and partnership in the Notre Dame.

56 The Response Catholics Owe To Non-Infallible Teachings

James L. Heft, S.M.

In this article I shall discuss the response that Catholics identify infallible teachings. In doing so, it became pos- owe to non-infallible teachings. I will first review briefly sible to distinguish in a more precise fashion between the recent history of this question, consider the attitudes infallible and non-infallible teachings. That Council, that Catholics .hould cultivate in themselves when they however, said virtually nothing about the nature of an receive non-infallible teachings, explain some of the diffi- individual Catholic's responsibility to accept non-infal- culties surrounding public dissent, and finally offer some lible teachings. personal reflections on the state of this question in the With the nearly complete collapse of Catholic theolog- Church today. ical faculties in Europe at the time of the French Revolu- tion, the papacy, beginning particularly with the pontifi- Legitimate Dissent: A Relatively New Question cate of Gregory XVI, and culminating with the pontificate The task of distinguishing essentials from inessentials of Pius XII, published a great number of encyclicals. The has been from the start a matter of serious concern to exercise of this form of papal teaching authority became Christians. Sts. Peter and Paul and James and the whole identified with the exercise of the ordinary magisterium. Church, with the assistance of the Holy Spirit (Acts Pius XII declared in Humani Generis (1950) that even 15:22), decided at the Council of Jerusalem that circumci- though papal teachings of this sort on a matter of doc- sion was not to be required of Gentiles. Medieval canon trine were not infallible, theologians were no longer free lawyers assumed that there was a difference, though at to discuss the matter; moreover, he taught that the ordi- times difficult to determine with precision, between mat- nary magisterium of the pope demanded obedience: "He ters of discipline and matters of doctrine, and medieval who hears you hears me." Finally, Pius XII stated that theologians thought it was important to determine the one of the tasks of theologians is to justify declarations of level of importance to be attributed to various theological the magisterium, that is, to explain how those teachings statements.' are to be found in Scripture and Tradition.4 The question of whether it is legitimate to dissent from The Second Vatican Council addressed the issue of the non-infallible teachings could arise only once there was a respect that Catholics owe to non-infallible teachings in distinction between infallible and non-infallible teach- paragraph 25 of Lumen Gentium, which reads: ings. It was only around 1840 that the terms ordinary and This religious submission of will and of mind must be extra-ordinary magisterium were first used in a papal shown in a special way to the authentic teaching document.' At about the same time, and for the first authority of the Roman Pontiff, even when he is not time,the term "magisterium," thatis,the teaching speaking ex cathedra. That is,it must be shown in such a way that his supreme magisterium is acknowl- authority in the Church, was exclusively identified with edge with reverence, the judgments made by him are the hierarchy.3 When the First Vatican Council set down sincerely adhered to, according to his manifest mind the conditions necessary for an infallible papal definition, and will.5 it became possible in a carefully circumscribed way to 4Congar adds: "Pit r saw the theologian teaching only by delegation Father Heft teaches inthe Department of Religious from the 'magisten, .,nd doing so strictly in his service and under his control. Is this consonant with what nineteen centuries of the Church's Studies at the University of Dayton. The present article life tell us about the function of 'disacale' or doctor? No, not exactly" will appear in Raising the Torch of Good News: Catholic (325). In asking theologians to "justify" the teachings of the magis- Authority and Dialogue With the World, Bernard P. terium, Pius XII was stressing the necessity for doctrine to be grounded Prusack, ed., (University Press of America, 1987). in Scripture and Tradition. 5Magisterium, trans. Francis Sullivan (New York: Paulist Press, 1983) 1James Heft, John XXII 11316-13341 and Papal Teaching Authority 154. Ex cathedra definitions by a pope or doctrine defined by an ecu- (Lewiston, NY: Edwin Mellen Press, 1986), 106-19; 188-201. menical council constitute an exercise of the extraordinary magisterium. All other exercise of teaching authority by the pope (e.g., encyclical let- 2john P. Boyle, "The Ordinary Magisterium: Toward a History of the ters) and the bishops (e.g., pastoral letters) represents the functioning of Concept," Heythrop Iourruil 30 (1979): 380-98, and 31 (1980): 14-29. the ordinary magisterium. It is possible, according to Lumen Gentium, 3Yves Congar, "A Brief History of the Forms of the Magisterium," in par. 25, that under certain conditions the ordinary universal magis- The Magisterium and Morality. Readings in Moral Theology #3, ed. terium can teach infallibly, though normally it does not. Our concern in Charles Curran and Richard McCormick (New York: Paulist Press, this paper is with non-infallible teachings, be they taught by the pope, a 1983), 324. council or the bishops.

54 5 7 On the surface, this statement would appear only to give expression to doctrinal directives which have a cer- repeat the teachings of Pius XII. However, to interpret tain degree of binding force and yet, since they are not de the text accurately, its background needs to be under- fide definitions, involve a certain element of the provi- stood. First, the original schema proposed and rejected at sional even to the point of being capable of including the first session of the Council had included Pius XII's error." Nevertheless, they continued, the Church must prohibition of free debate among theologians. In the final teach if it is to apply the faith to new situations that arise. text, this prohibition was dropped. Moreover, the bibli- "In such a case the position of the individual Christian in cal text used by Pius XII to describe the ordinary magis- regard to the Church is analogous to that of aman who terium ("He who hears you hears me") was also dropped_ knows that he is bound to accept the decision of a special- Three questions (modi) were posed to the doctrinalcom- ist even while recognizing that it is not infallible."' mission concerning the meaning of par. 25, one of which Humanae Vitae, issued in the summer of 1968, forced is of particular relevance for our topic.' Three bishops the discussion from considerations of private dissent by asked about the case of an "educated person, confronted individual Catholics to those of public dissent by Cath- with a teaching proposed non-infallibly, who cannot, for olic theologians. In November of that sameyear, the solid reasons, give his internal assent." The theological United States bishops, in their pastoral letter, "Human commission responded by directing the bishops to con- Life in Our Day," stated that "the expression of theolog- sult the approved authors (auctores probati), that is, to ical dissent from the magisterium is in order only if the consult the textbooks of theology ordinarily used insem- reasons are serious and well-founded, if the manner of inary theology courses. Several theologians have done the dissent does not question or impugn the teaching these studies! What they have discovered is that the authority of the Church and is such as to not give scan- adherence to official, authoritative (rather than "authen- dal." They realized, however, that in saying this they had tic") non-infallible teachings should be both internal and given support to something new in the Church, and given religious: internal, which requires more than external the complexity of the matter, called for a dialogue be- conformity or a mere respectful silence; and religious, tween themselves and theologians to clarify the matter which indicates that the motive for adherence is not pri- further: "Since our age is characterized by popular inter- marily the cogency of the reasoning but the fact that the est in theological debate and given the realities of modern Pope has been given authority to teach by Christ. mass media, the ways in which theological dissent may But this internal religious adherence is to be distin- be effectively expressed, in a manner consistent withpas- guished from the assent of divine faith which is due only toral solicitude, should become the object of fruitful dia- to infallible teachings. Internal religious adherence is not logue between bishops and theologians." Since that time, metaphysically (or absolutely) certain but morallycer- the American bishops have not issued any statement that tain. This distinction is made because, as Francis Sullivan has advanced this discussion or clarified the criteria that explains, "the non-definitive teaching on the magisterium would ensure that public theological dissent on non-infal- is not infallible, it can be erroneous; if it is not irreform- lible matters will be consistent with pastoral solicitude. able, it can stand in need of correction."' A careful inter- In the spring of 1986, after seven years of private cor- pretation of paragraph 25 of Lumen Gentium shows, respondence initiated by the Sacred Congregation for the therefore, that in certain carefully circumscribed situations Doctrine of Faith (SCDF), Fr. Charles Curran, a profes- it is legitimate to dissent from non-infallible teachings.' sor of moral theology at The Catholic University of Shortly after the Council, the German bishops issued America, in Washington, D.C., explained at a presscon- in September of 1967, almost a year before the publica- ference held in Washington immediately after returning tion of Humanae Vitae, a statement on the ordinary from a meeting with Cardinal Ratzinger in Rome, that he magisterium in which they wrote that "in order to main- had arrived at an impasse with ti-1,,! Cardinal concerning tain the true and ultimate substance of the faith it (the the legitimacy of public theological dissent on non-infal- Church) must, even at the risk of error in points of detail, lible matters. Fr. Richard McCormick, a Jesuit moral theologian at Georgetown Univerity, has concluded that 8Joseph Komonchak, "Ordinary Papal Magisterium and Religious Dis- Ratzinger in essence is requiring that a professor must sent" in The Magisterium and Morality, 68-69. agree "with the ordinary magisterium of every authorita- 7See, for example, Komonchak just cited, 70-78, and Richard Gula, tively proposed moral formulation" or cease to be called "The Right to Private and Public Dissent from Specific Pronouncements a Catholic theologian.11 of the Ordinary Magisterium," Eglise et théologie 9 (1978): 319-43. The "approved authors" are usually negative on the legitimacy of public Between Vatican II and the present, most authois who dissent. have treated the question of dissent, private and public, 8Sullivan, 157. On the distinction between religious adherence and the have concluded that it is legitimate. At the same time, assent of divine faith, see Ladislas Orsy, "Reflections on the Text of a many of them have stressed tha: much still needs to be Canon." America May 17, 1986: 396-99. worked out. In 1974, Christopher Butler, for example, 9Several theologians explain that Vatican H, through its actions (e.g., the"rehabilitation"of theologians such as Congar, Rahner and noted that in this area "we lack the guidance of good the- DeLubac, who were suspect by the Vatican before the Council, and its teachings on religious freedom, ecumenism and collegiality) underscored the constructive power of some dissent (see Sullivan, 157-58), 10Cited by Karl Rahner, 'The Dispute Concerning the Teaching Office and Avery Dulles, "Doctrinal Authority for a Pilgrim Church," in The in the Church," in The Magisterium arra Morality, 115. Magisteriurn and Morality, 264-65. 11Richard McCormick, "L'Affaire Cun-an," America April 5, 1986: 264.

55 58 ology today."' Five years later John Boyle explained that would be in error. The Germans bishops offer a similar the particular authority pastoral teachings should have in caution: the Church has "not been adequately clarified."' In an Anyone who believes that he is justified in holding, as address given on April 15, 1986, at St. Michael's College a matter of his own private opinion, that he has in Toronto, Ontario, Cardinal Ratzinger himself said already even now arrived at some better insight which concerning the work of theologians that "there is no the Church will come to in the future must ask himself question that it is important to find legal formulas by in all sober self-criticism before God and his conscience whether he has the necessary breadth and which we can safeguard the objective freedom of scien- depth of specialized theological knowledge to permit tific thought within its limits and guaranteeing the neces- himself in his private theory and practice to depart sary room for maneuver for scientific discussion."" from the current teaching of the official Church. Such a caseis conceivable in principle, but subjective The Response Catholics Owe to Non-Infallible Teachings presumptuousness and an unwarranted attitude of knowing better will be called to account before the Two things should :De clear at this point: individual judgment seat of God.' Catholics may dissent from non-infallible teachings and The then Monsignor Philips, one of the two secretaries there is a lack of agreement on how this can be done of Vatican II's Theological Commission, explained in his responsibly, particularly when it is a case of public dis- 1967 work, L'Eglise et Son Mystere, that Catholics sent. In this section I will discuss how an individual Cath- should be deeply ready (auront 1.4 coeur) to respect olic should approach authoritative non-infallible teach- (vénérer) the authority with which the ordinary magis- ing.' In particular, I want to discuss the attitudes that a terium is exercised.' Bishop Butler explains that in "all Catholic should have in order to ensure the proper open- cases, the mood of the devout believer will be not resent- ness to non-infallible teachings. ment at what appears to be a constraint upon his think- We have already noted that the theological commis- ing, but a welcoming gratitude that goes along with a sion of Vatican II referred the bishops who asked about dissent from non-infallible teachings to the "approved keen alertness of a critical mind and of a good will con- authors." These authors, or manualists, all stress that at cerned to play its part both in the purification and the the outset the presumption should always be in favor of development of the Church's understanding of its inheri- the teaching of the ordinary magisterium, and that one's tance."' adherence should not be suspended rashly or casually, or Several authors stress the importance of an attitude because of pride, "excessive love of one's own opinions" they call "docility." In his 1962 study, L'Eglise est une or "over-confidence in one's own genius."' They assume communion, the Dominican theologian Jerome Hamer, that it is very unlikely that the ordinary magisterium now the Prefect of the Congregation for Religious, explains some of the key ideas of St. Thomas on docility. It is located in the intelligence, and has to do with the 12Christopher Butler, "Authority and the Christian Conscience," The acquisition of knowledge and helps a person to appro- Magisterium and Moralit,y, 186. priate teaching personally. There are also degrees of 13John Boyle, 'The Natural Law and the Magisterium," The Magis- docility that are "proportionate to the distance that lies terium and Morality, 452. between the qualifications or doctrinal authority of the 14joseph Cardinal Ratzinger, "The Church and the Theologian," Origins teacher and the knowledge of the pupil." Hamer states 15 (8 May 1986): 769. The Cardinal immediately added, however, that "the freedom of the individual instructor is not the only good under the that docility should not be confused with the obedience law nor is it the highest good to be safeguarded here. As to the question of faith, since it is a virtue of the intelligence whose object of the ordering of the various goods in the community of the New Testa- is knowledge, rather than a virtue of the will which sub- ment, there is an inflexible divine judgment from which the church may never stray: Whoever is a cause of scandal to one of these little ones who mits to the will of the teacher.2° believes, it would be better for him to be cast out into the sea with a Francis Sullivan contrasts the attitudes of obstinacy millstone tied around his neck' (Mk. 9:42)." and docility, and explains that obstinacy is to be re- 15Concerning dissent from infallible teachings, it is important to recall nounced and docility adopted: that traditionally a person must know that what they hold is contrary to what the Church teaches and then persist in denyiv.g the Church's teaching if they are to become a heretic and thereby cease to be a Catholic. In Renouncing obstinacy would mean rejecting a ten- 1973, the Sacred Congregation for the Doctrine of the Faith published dency to close my mind to the official teaching, to Mysterium Ecclesiae in which it explained that infallible teachings, though irreformable as Vatican I taught, are open to reformulation, not in order to change their meaning, but in order to bring out more clearly 12Rahner, 115. the infallibly defined truth they aim to articulate. This, in principle, is "Infallible: Authenticum: Assensus: always possible, due to, as the SCDF document states, (1) the limited 18Cited by B.C.Butler, state of human knowledge at the time of definition, (2) changeable con- Obsequium," Doctrine in Life 31 (1981): 85. ceptions and thought patterns that belong to a certain period of time, (3) 19Butler, 186. That eagerness and welcoming attitude may be con- the specific concerns that motivated that definition, and (4) the limited trasted with the description givett by John Henry Newman of the way in expressive power of the language used (see my article, "Papal Infallibil- which mast people treat the truths of religion: "Men are too well in- ity and the Marian Dogmas," Marian Studies 33 [1982): 58-59). It is also clined to sit at home, instead of stirring themselves to inquire whether a necessary to take into consideration that pastorally speaking the meaning revelation has been given; they expect its evidence to come to them and import of some dogmas are more difficult to grasp than others (im- without their trouble; they act, not as supplicants, but as judges" (The portant in this context is Vatican IIs teaching on the "hierarchy of Grammar of Assent (Garden City, NY: Image Books, 1955j, 330). truths"). 20From the English translation of Hamer's The Church Is a Communion 18Komonchak, 72. (London: Geoffrey Chapman, 1964), 25-26.

56 59 refuse even to give it a fair hearing, to adopt the atti- Besides examining one's attitude, there are also intellec- tude: "rve already made my mind up; don't bother me." tual requirements for determining the degree of authority Positively, what would an attitude of docility in- that ought to be given to non-infallible teaching. "We volve? Docility is a willingness to be taught, a willing- must know whether we are faced with a warning, advice, ness to perfer another's judgment to one's own when it the settling of a controversy, a caution,or a doctrinal is reasonable to do so. Docility calls for an open atti- pronouncement in the strict sense of the word."28 Again, tude toward official teaching, giving it a fair hearing, doing one's best to appreciate the reasons in its favour, Gallagher describes a number of differing degrees of so as to convince oneself of its truth, and thus facilitate authority for non-infallible papal teachings: one's intellectual assent to it.21 Other things being equal, a teaching repeated many Sullivan adds that since the ordinary magisterium times by several Popes over a long period of time has more authority than a teaching stated only once or seeks adherence that is an act of the judgment, it must ap- twice. A papal statement on some point which has peal not just to the will but also to the mind. It must pre- arisen recently usually will not carry as much weight sent its teachings with reasons that are clear and convinc- as a papal teaching held consistently over a long ing, particularly in those matters which have to do with period of time during which the subject has received the natural law, since such matters are said to be discov- frequent consideration. A papal statement on a point which has recently arisen may well be cautionary erable by human reasoning, over which the hierarchy of rather than definitive. It indicates that at this stage of the Church has no monopoly.22 Nevertheless, this is not the development of thought on the point, the new to say that the magisterium "has no more claim on our ideas cannot be accepted in the form in which they assent than the strength of its arguments would warrant." have been presented. At some later stage in the devel- Were this the case, an individual would give to the pope, opment of thought on a point, further formulations may be found which allow die acceptance of what is explains John Gallagher, "no more authority than one good in the new ideas without the acceptance of error would give to one's bartender or hairdresser or anyone or the denial of truths arrived at in the past. If the issue with whom one might discuss an ethical question."23 has arisen recently, the papal teaching is more likely to In an entire chapter devoted to a discussion of thema- be cautionary and admitting of development than if gisterium and dissent on moral matters, Gallagher raises the issue has been discussed for several generations. Other things being equal, a papal teaching which a series of questions that a devout Catholic should try to has not been repeated for several decades, in spite of answer before dissenting from the ordinary magisterium. some Catholics disregarding it, does not have as much Since Gallagher's checklist is the most extensive I have authority as a teaching which is repeated by Popes come across, I wish to quote a major portion of it: who try to convince dissenters to accept it.26 Finally, it is important to recall that the "right to dis- Am I biased? Am I rationalizing a decision I have made on selfish grounds7 Am I being honest, humble sent" can never be absolute.' What this means is that it and courageous in facing my own limitations? Does takes place within a larger context of an acceptance of my life exhibit patience, kindness, and the other gifts Jesus Christ as Lord, of the Church as the place where and fruits of the Holy Spirit? Or is my thinking too Christ is present and celebrated in Word and Sacrament.28 much influenced by anger, or disdain, or hurt feelings, In other words, dissent is possible not against infallible or arrogance? teachings, but only against non-infallible matters, some Before deciding that dissent is legitimate one should look at one's own capacity for making moral judg- of which, however, do nonetheless have great impor- ments. Am I well qualified to judge in these matters? If tance in the Christian life. One need only think of matters I attempt to make up for my lack of qualifications by having to do with nuclear deterrence or liberation theol- seeking expert advice, am I well qualified to choose ogy to see the serious consequences and vital importance good advisors? Do .1 choose advisors because they are likely to say what I want them to say? One should take cotmsel not only to get the views of specialists but also 25Hamer, 26. to gain objectivity. The advice of objective counselors 26Gallagher, 223. Perhaps included by Gallagher in the qualification is an important means for overcoming one's own bias "other things being equal" is the realization that it is possible that a and tendency to subjectivism. teaching could be eepeated by many popes who do so primarily because On any important moral judgment one should pray, they thought that they were obligated to repeat it simply because other not as a pious afterthought but as an essential step. popes had taught it before them. This would place formal authority Moral decisions have consequences and implications (who says something) over material authority (what is said). In such a beyond our ability to grasp. We must open ourselves situation, the teaching in question would not acquire more authority merely through repetition by popes. Some things can be repeated, in an to the Holy Spirit to guide us by a wisdom greater unexamined way, for centuries. than our own. Prayer is especially important if one is considering dissent from a papal moral teaching.2A 27MrCormick admits that he has always been uncomfortable with the phrase "right to dissent," because "we are concerned, as believers, with the behavioral implications of our being in Christ, with moral truth." 21Sullivan, 164. Since the phrase "right to dissent" tends to juridicize what ought to be a 22Sullivan, 162. Cardinal Heenan is supposed to have described docility more corporately and communally grounded search for moral truth, in very simple terms as "being prepared to admit that it is just possible McCormick prefers to speak of "a duty and right to exercise a truly per- that the pope is right and I am wrong" (Butler, 85). sonal reflection within the teaching-learning process of the Church, a duty and a right that belongs to all who possess proportionate com- 9ohn Gallagher, The Basis for Christian Ethics (New York: Paulist petence." ("Reflections on the Literature," in The Magisterium and Press, 1985), 228. Morality, 464). 24Gallagher, 228-29. 23Dulles, 262. 5760 of non-infallibleteachings.Nevertheless,allofthe Modern media complicates genuine efforts to discover authors cited in this section of our study accept the pos- responsible ways to criticize non-infallible teachings pub- sibility of dissent from non-infallible teachings as legiti- licly. An article published in a relatively arcane theo- mate when the individual Catholic hps been docile, that logical journal will be reported, and often in a distorted is, has done his or her best to accept the teaching. fashion, on the front page of the morning newspaper." If theologians sought to set public opinion against the magis- The Question of Public Dissent teriurn through manipulating the media, dialogue between The question of public dissent by Catholic theologians theologians and the magisterium becomes impossible. has become most recently a critical issue for the theolog- What is needed now are criteria hammered out by ical community; it is, as we noted at the end of the first theologians and the magisteriurn that will ensure, as section of this study, the least worked out. For that much as is possible, a proper respect for the truth, the reason, I will only outline a few of the issues that have teaching authority of the hierarchy, and the pastoral become a part of this question. needs of the faithful. In the meantime, measures need to If moral theologians become convinced that a non- be taken by bishops and theologians that will make it infallible teaching is in fact one-sided, incomplete, or more possible that criteria be developed for responsible even in error, what should they do? Should they remain dissent from non-infallible teachings. Avery Dulles has silent in order not to create confusion and cause scandal? offered some suggestions as to how, in the absence of Should they restrict their expression of reservation or dis- well-worked out criteria, the harmful effects of dissent sent to personal and private letters written to the SCDF, might be alleviated: offering better arguments or other ways of formulating 1) The pastoral magisterium should keep in close the teaching or stating reasons why they find the teaching touch with theologians who themselves should cul- unacceptable? Or should they speak out, respectfully but tivate greater sensitivity to pastoral considerations. clearly, against the teaching, confident that the greatest 2) Ordinarily pastors should not speak in a binding way unless there is a consensus, which is rarely scandal is not the temporary confusion of the laity, but obtainable without free discussion. the perpetuation of false teaching rather than the correc- 3) Even when thereis no consensus, popes and tion of what is being taught? bishops and others in authority may clearly and We have already noted how Pius XII taught that once candidly statetheir convictions on matters of an issue had been treated by the ordinary magisterium, pastoral importance. 4) When an individual Catholic after genuine effort to theologians were no longer free to discuss the matter. We adhere to a particular non-infallible teaching is noted also that this prohibition was dropped by Vatican unable to do so, he or she should not be made to II. Even though Vatican II did not state in any of its docu- feel disloyal or unfaithful.' ments that a theologian could dissent publicly from such 5) Provided that they speak with evident loyalty and teaching, it did state in paragraph 62 of Gaudium et spes respect for authority, dissenters should not be that all the faithful, clerical and lay, who study theology, silenced.' must be assured of their "lawful freedom of inquiry and Reflections on the State of the Question of thought, and of the freedom to express their minds humbly and courageously about those matters in which I have looked at the recent history and development of they enjoy competence." the idea of dissent from non-infallible teachings, and Moreover, despite any explicit endorsement of respon- reviewed some of the literature on personal or private sible forms of public dissent on non-infallible matters, dissent on the one hand, and public dissent on the other. some theologians, as we have noted, argue that implicitly In conclusion, I wish now to make several observations the Council approved such dissent by the very fact that in on the current state of this question. several of its decrees it departed from previous papal Theology in and for the Church. One of the most im- teaching on a number of important questions, such as portant truths of the Christian tradition is that theology religious liberty.If a theologian is to remain silent, how will not flourish unless it is rooted in worship. Moreover, then, asks Rahner, "can that progress in knowledge 315ee Sullivan who writes: "The question (of how to express criticism necessary for the life of the Church and for the credibility responsibly) was fairly easy to decide when theologians could share of its preaching be achieved?"' their views with their professional colleagues through the medium of scholarly journals, with little likelihood that their ideas would reach the wider public. However, the 'information explosion' of modem times, 29See, for example, Sullivan, 209-10, and Dulles, who writes (264-65) and the tendency of popular journals to publicize any opinion that is that "by its practice of revision, the Council implicitly taught the legiti- critical of positions taken by those in authority, drastically increases the macy and even the value of dissent. In effect the Council said that the or- probability that what is carefully and moderately put forward in a dinary magisterium of the Roman Pontiff had fallen into error and had scholarly article may subsequently be broadcast to the general public in a unjustly harmed the careers of loyal and able scholars. Some of the crude or tendentious way" (211). thinkers who had resisted official teachings in the pre-conciliar period 32Dulles adds that in view of the deference owed to non-infallible teach- were among the principal precursors and architects of Vatican II." ings, "the dissenter will be reluctant to conclude that the official teaching 30Karl Rahner, "Theology and the Teaching Office1," Doctrine and Life is clearly erroneous; he will carefully reassess his own position in the 31 (1981): 633. Rahner asks further "if the biblical decrees of Pius X had light of that teaching, and he will behave in a manner that fosters respect been granted the sincere allegiance of all theologians in obedient silence, and support for the pastoral magisterium, even though he continues to it would not be possible for the present Pope to speak so freely of strive for a revision of the current official teaching" (266). Yahwists." 33Dulles, 266-67.

58 61 the faith of the Church provides the norm for the reflec- even harmful polarizations. One need only recall the con- tion of the theologians. This point was stressed by Car- flicts characteristic of the Corinthian church and the con- dinal Ratzinger in his April 15th presentation in Toronto, frontation between St. Peter and St. Paul on the matter where he explained that the theologian as a believer is a of circumcision. There is today tension between many theologian only in and through the Church: "If this is not theJlogians and the magisterium.' One reason that the true, if the theologian does not live and breathe Christ tensionexistsisthat each grouptypically admits through the Church, his body, then I suggest we are not demands of the other goup "mostly only in a quietly dealing with a theologian at all, but a mere sociologist, or enunciated subordinate clausebut otherwise upholds in historian or philosopher.' When theologians whole- full voice its own maxims, as though they were the only heartedly enter into the living of the Christian life, when ones which mattered in practice."" they seek to be converted to the Gospel, then their theo- It is important that ways be found to address the legit- logical work will enrich the whole Christian community. imate preoccupations of each group. Archbishop John To cite Ratzinger's recent address again, "a Church with- Francis Whealon of Hartford suggested if greater trust is out theology is impoverished and blind. A theology with- to be had between the groups, "bishops must understand out the Church, however, soon dissolves into arbitrary that theologians should be able to probe sensitive areas of theory."' doctrine while remaining loyal to the Church. And theo- To stress the ecclesial nature of theology, the need for logians, while making their theological probes, must continuing conversion to Jesus Christ, is not to imply, understand that the magisterium carries ultimate respon- however, that all dissent from non-infallible teachings by sibility for defining and specifying the content of Catholic theologians is rooted in a lack of faith or a departure doctrine.' Special consideration should be given to the from the true faith of the Church." It is precisely this sort "Theses ontheRelationshipBetweenEcclesiastical of conclusion that sometimes is implied when some Magisterium and Theology" published by the Inter- bishops and theologians talk today about dissent in the national Theological Commission in 1975. Particularly Church. It may well be true of much of that dissent, but it valuable are theses 2, 3 and 4 which outline what the should not be assumed that all dissent will disappear magisterium and theologians have in common in per- because of a more genuine conversion on the part of the forming their respective tasks.' theologians. At the same time, most authors consulted Even though the magisterium and theologians have rightly stress that for individuals to dissent responsibly, many common sources for their ministries, those minis- they must be genuinely committed to Christ, cultivate a tries are not the same. Richard. McCormick articulates genuine attitude of docility to the teaching authority of well the complementary character of their distinctive the Church, and remain open at all times to new evidence roles: and insights that would make their adherence possible. Tensions Between Theologians and the Magisterium. Bishops should be conservative, in the best sense of that word. They should not endorse every fad, or The Christian community has always experienced vary- eveneverytheologicaltheory.Theyshould ing degrees of difference, tension over disagreements, and "conserve," but to do so in a way that fosters faith, they must be vulnerably open and deeply involved in a process of creative and critical absorption. In some, 34Ratzinger, 765. perhaps increasingly many, instances, they must take 35Ratzinger, 763. risks, the risks of being tentative or even quite uncer- 36Bemard Lonergan notes, however, that some disagreement among tain, and, above all, reliant on others in a complex Christian theologians can be traced to a lack of conversion: "...Chris- world. Such a process of clarification and settling tian theologians disagree not only on the areas relevant to theological takes fime, patience, and courage. Its greatest enemy is research but also on the interpretation of texts on the occurrence of ideology, the comfort of being clear, and, above all, events, on the significance of movements. Such differences can have the posture of pure defense of received formulations. quite different grounds. Some may be eliminated by further progress in research, interpretation, history, and they can be left to the healing of- Concerning theparticularroleofthetheologians, fice of time. Some may result from developmental pluralism: there exist McCormick writes: dispvate cultures and diverse differentiations of consciousness; and such differences are to be bridged by working out the suitable transpo- Amid the variation of their modest function in the sition from one culture to another or from one differentiation of con- Church, they must never lose the courage to be led. sciousness to another. Others, finally, arise because intellectual or moral "Courage" seems appropriate, because being led in our or religious conversion has not occurred..." (Method in Theology (New York: Herder and Herder, 1972), 150. Lonergan's notion of 'conversion' in the theologians is not irrelevant to the issue of dissent. 37It is important not to overstate these tensions. See Raymond Brown, Besides the intellectual, moral and religious components of conversion, "The Magisterium vs.the Theologians," in The Magisterium and there should be added, in view of our topic, a "Catholic" element: a Morality, 277-96. commitment to this historical community as home. Such a conversion is fundamental to the whole theological enterprise, for without it, one is 38Rahner, 623. simply not in touch with the realities to be explored. As Anthony Kelly, 39John Francis Whealon, "The Magisterium," in The Magisterium and the Australian Redemptorist put it to me recently in a letter, "It is not a Morality, 192. matter of practicing a certain virtue or having the right attitude. It en- 4°See Sullivan, 174-218, for the text and his commentary. Among the visages a rather thoroughgoing transformation of mind and heart in the elements in common are: both bishops and theologians are committed to theologian. A dissent coming out of this would tend to be the dissent of ecclesial ministry for the sake of the salvation of others, both are bound a prophet. The dissent of the unconverted, however, might be nothing by the Word of God, by the sense of the faith of the Church, by the more than the attention-seeking behavior, or, as we Australians would documents of the Tradition, and to the personal and missionary care say, the ravings of a ratbag." they must have towards the world.

59 62 times means sharing the burdens of the leaderand The Distinction Betwzen Infallible and Non-Infallible that can be passingly painful. They should speak their Teachings. Anyone who has taught ecclesiology to mind knowing that there are other and certainly more undergraduate students knows that a common question significant minds. In other words, they must not lose the nerve to make and admit an honest mistake. They after a lecture on the dogma of papal infallibility is, should trust their intuitions and their hearts, but "How many dogmas have actually be so defined?" Stu- always within a sharp remembrance that the an- dents often become exasperated when no definitive list is nouncement of faith and its implications in our times forthcoming. Others are relieved when they conclude, must come from the melding of many hearts and mistakenly, that only the Marian dogmas have actually minds. The Church needs a thinking arm, so to speak; but that arm is dead if it is detached.' been defined. Some are concerned to know only what has been defined, to know what the bare minimum is for Finally, there is besides the tensions that exist between inclusion in the Catholic community.° theologians and bishops those that are to be found be- Such classroom experiences point out that there is tween theologians. In recent years in the United States more to living the Christian life than accepting only infal- several groups of theologians have formed separate pro- lible teachings. To paraphrase Scripture, the wise Chris- fessional groups along, for want of better terms, liberal tian does not live by infallibly defined propositions and conservative lines. Whatever may be the value of alone. There are many important Christian truths that each grouping, it has not, in my opinion, increased the have never been infallibly defined, such as the great com- likelihood that there will be healthy mutual criticism be- mandment of Jesus to love God with our whole hearts tween theologians of different persuasions. The 1985 an- and our neighbors as ourselves. Consider also the many nual proceedings of the Catholic Theological Society of important insights of the great spiritual writers, such as America includes papers by three theologians who call Teresa of Avila and John of the Cross and the absolutely their colleagues to a greater and more frequent exercise of central place the liturgy and the sacramental life should the ministry of mutual criticism. Joseph Komonchak con- have in the Christian life, and prayer, both personal and cludes his plenary address on "The Ecclesial and Cultural communal. We need to recall that there are many more Rules of Theology" by stating that "from us (theologians) infallible truths than there are infAlibly defined truths. In the Church should be able to expect greater care than has other words, all defined truths are infallible, but not all sometimes been shown for the methodological founda- infallible truths are defined. tions on which we are building and especially a greater Archbishop John Quinn of San Francisco reminds us willingness to engage in the mutual conversation and that we should avoid thinking that we are obligated to criticism that have never been more necessary to our accept only what is formally defined and then proceed to communal theological enterprise."Walter Principe leave everything else as though they were open ques- states that "theologians have a serious obligation for pas- tions. Such an attitude, he believes, "paves the way for toral reasons to take care how they present their hypoth- the rejection of defined teaching, since often what is eses and tentative conclusions. Should we not discuss defined was previously taught by the ordinary magis- them among ourselves and subject them to mutual criti- terium for some time.' cism before going to the media or pulpit with declara- In an interview yet to be released but partially reported tions that can startle or upset people not able to assimi- in the May 8th issue of Origins, Cardinal Ratzinger states late them? And have we done enough to educate those in that Fr. Charles Curran's position that theologians can ministry and all our people so that they can understand dissent from non-infallible teachings "does not seem what is going on in new matters in theology?"' Finally, appropriate." The Cardinal calls it a "juridical approach" John Boyle reports: "If there is any single complaint which "tends inevitably to reetice the life of the Church, which I hear about theologians from bishops, it is that and its teachings, to only a few definitions." The Car- theologians are not critical of one another. There is some dinal continues, "In the early Christian communities, validity to this complaint. Is it possible that theologians however, it was clear that to be a Christian meant pri- too have lost sight of their obligation to be mutually criti- marily to share in a way of life and that the most impor- cal as part of their corporate responsibility as a schola tant doctrinal definitions did not have any other aim but within the Church?"" to orient this way of life." Ratzinger proposes that we °McCormick, 496-97. should distinguish what is essential and non-essential to °Joseph Komonchak, CTSA Proceedings 40 (1985): 32. the Christian faith "without recourse to the distinction 43Komonchak, CTSA, 125. In the Miner article cited in note 38, theo- between infallible and non-infallible pronouncements."' logians are invited to make the following confession to the bishops: Ratzinger's point is well taken: any theologian who "First of all we are not some kind of Mafia, in which each can speak in the name of theology and theologians, nor do we feel obliged as a mat- would employ the distinction in order to minimize the ter of principle to lash out in the name of truth and theological freedom whenever an individual theologian comes into conflict with Rome. We 450ne way to distinguish between the immature and the mature con- have indeed the right and the duty to speak out against another theolo- science is that the immature conscience wants to know only what must gian and for Rome, when we are convinced of the correctness of a be done while the mature conscience asks what is the best thing to be Roman pronouncement. Clannishness among theologians is perverse. Is done. it necessary today to say that a theologian does not in any way betray 46John R. Quinn, "The Magisterium and the Field of Theology," in The himself by supporting a Roman decision?" (630). Magisterium and Morality, 274. 44"The Academy and Church Teaching Authority: Current Issues," 47Ratzinger, 764. Excerpts from the same interview may also be found in CTSA Proceedings 40 (1985): 180. the National Catholic Register, May 8, 1986: 5.

60 6 3 importance of non-infallible teachings or reduce the begun to elaborate ways in which thiscan be done con- meaning of the Christian life to adherence to a few defini- structively.' I expect that some of the criteria needed will tions has drastically truncated the full living of the Chris- help us to distinguish between various levels of authority tian life. to be attributed to different non-infallible teachings, and While it is possible to "juridicize" the distinction,it will have to take into consideration pastoral dimensions would be wrong to minimize its value because of theway that may differ from country to country. in which it may be abused. In fact, properly understood, Education of the Laity. There are those who would all infallible teaching, that is, all dogma, must be salvific prefer bishops either to speak with their full authorityor in import, otherwise there would be no reason to clarify, to remain silent. The German bishops, we have already defend and stress that facet of saving truth expressed, noted, state well the need the Church has to address the however, inadequately, through its formulation. Rightly issues of the day, issues which because of their newness understood, the distinction does not lead to the "juri- and complexity will usually not be able to be dealt with dical approach." I do believe, therefore, thatsome sort of definitively. In these official but still provisional teach- distinction is necessary for theological work and for the ings, there is the possibility of error. Nevertheless, such development of doctrine. teaching must be provided, for "otherwise it would be Criteria for Public Dissent. Our review of the literature quite impossible for the Church to preach or interpret its on the question of dissent shows that there is a place in faith as a decisive force in real life or to apply it to each the Catholic tradition for both personal dissent and new situation in human life as it arises."' public dissent, but that there is little agreementas to how The American bishops have demonstrated in a clear publicdissent,particularly by theologians,can be way the provisional nature of their teachings on war and responsible and constructive. In a recent article written in economics by stressing the differences between what they support of Curran, Richard McCormick states that the present as binding universal moral norms, to which they issue between Curran and Ratzinger is "public dissent."' rightly expect adherence, and specific applications of Ratzinger has stated to Curran that if a Catholic theolo- these norms, on which they fully anticipate and welcome gian expresses publicly his disagreement, there isan difference of opinion and even disagreements fromper- "inherent contradiction" because "one who is to teach in sons of good will.For members of the hierarchy to the name of the Church in fact denies her teaching," and stress the various levels of authority that pertain to what thus "runs the risk of causing scandal." Scandalmay, of they teach is, however, not the rule. More typical is the course, also arise from an abuse of authority by members tendency in practice to obscure the difference between in- of the hierarchy. fallible and non-infallible teachings, particularly bytreat- I have already explained that there isan urgent need ing all official papal and episcopal statements as though for establishing critei ia for public dissent in orderto they were infallibly taught, such as the prohibition of the reduce to a minimum the confusion and scandal that ordaining of women or the condemnation of artificial arises. I do not believe there is any way to avoid all scandal. Theologians stress that it would be impossibleto have any development in doctrine without public dissent 49A first effort at elaborating the elements of responsible public dissent and frequently cite the example of John Courtney Mur- was made, as we have noted earlier, by the American bishops in my's work which was vindicated at the Second Vatican November of 1968 in a pastoral letter they released which affirmed the teachings of Humanae Vitae. They also recognized the legitimacy of dis- I.-ouncil. Indeed, he provides an excellent example. I sent. The relevant paragraphs follow: 'There exist in the Church a think, however, that it would be wise forany theologian lawful freedom of inquiry and of thought and alsonorms of k. 0:went. w'-lo dissents publicly not to assume too readily that heor This is particularly true in the area of legitimate theological spe.:ation and research. When conclusions reached by such professional :heo- she 4s automatically contributing to the development of logical work prompt a scholar to dissent from non-infallible reved dock Lie or that his or her theological position will in fact teaching, the norms of licit dissent come into play. They require be made common teaching at the next Church council. forth his dissent with propriety and with regard for the gravity ofJ-2 matter and the deference due the authority which has pronounced on it. The sz. mr: words of admonition preposed by the German 'The reverence due all sacred matters, particularly questions which bishops for careful consideration byany layperson about touch on salvation, will not necessarily require the responsible scholar to dissent privately from a non-infallible teaching needa to relinquish his opinion but certainly to propose it with prudence born of intellectual grace and a Christian confidence that the truth is great fortiori to be taken to heart by theologians aboutto do and will prevail. the same publicly. Theologians should ask themselves in "When there is question of theological dissent from non-infallibk zioc- all 'sober self-criticism" whether they have alreadycome trine, we must recall that there is always a presumption in favor or the magisterium. Even non-infallible authentic doctrine, though it may ad- to a better insight that the rest of the Church willcome to mit of development or call for clarification or revision, remains binukv; only in time. and carries with it a moral certitude, especially when it is address.d I agree with the German bishops, and others I have the universal Church, without ambiguity, in resronse to urgentques- cited in this study, that such dissent, that is, public dis- tions bound up with faith and crucial to morals. The expression of theological dissent from the magisterium is in order only if thereasons are sent by a theologian, is in principle possible, andeven serious and well-founded, if the manner of the dissent dozs not question obligatory, although, as I have noted,we have only or impugn the teaching authority of the Church and is zs not to give scandal." Cited by Hany McSorley, 'The Right of Cat'nolks to Dis- sent from Humanae Vitae," The Ecumenist, Nov/Dec 1969: 8-9. 50Rahner, "The Dispute," in The Magisterium and Morality, 115. 48McCormick, "L'Affaire", 261. 51See The Challenge of Peace, par. 9.

i 61 64 contraception. Such an approach, in the judgment of fact play an active role in educating theologians and the Francis Sullivan,has lead many people, once they hierarchy. All official teaching and theological reflection discover that such teachings are in fact not infallibly in fact must be founded in the sensus fidelium, or the taught, to conclude that they need to pay no attention to "sense of the faith," possessed by the entire people of them at all." God. At the International Synod of Bishops that met in We have already mentioned that the mass media has 1980 to discuss the family, Cardinal George Basil Hume made it virtually impossible for theologians to keep any stressed the need to consult the laity on matters that have of their written opinions and probings from immediate, to do with the family. He explained that the prophetic and often one-sided and incomplete, "coverage." The fact mission of husbands and wives is based on their experi- that the latest papal encyclical, episcopal statement or ence as married people "and on an understanding of the theologians' ideas has on the ordinary Catholic less direct sacrament of marriage of which they can speak with their religious impact than an article in the religion section of own authority." Both their experience ar.:1 r under- Time or Newsweek, or some discussion on the Phil standing constitute, the Cardinal suggested, "an authen- Donohue Show, suggests that theologians and bishops tic fons theologiae from which we, the pastors, and really have no choice but to work more effectively at indeed the whole Church can draw." It is because, the educating the laity.' Cardinal continued, married couples are the ministers of According to Richard McCormick, four things should the sacrament and "alone have experienced the effects of be kept in mind about the process of education during the sacrament" that they have special authority in mat- these complex times. First, reality itself is often complex ters related to marriage. But it must be remembered that and confusing and it takes time for the Christian com- what is sought is the sense of those who are faithful, that munity to formulate an adequate response. Second, is, those who are converted to the Lord. That is why, the people need to learn that different times often require Cardinal added, "parents themselves must commit them- different formulations of the same truths, and that some selves to the action of the Holy Spirit who also teaches questions that were once perceived as closed in fact are them anew through their children." Because of this "a for- not. Third, the unity so necessary for the Christian com- tiori it would seem that pastors should listen to the munity does not require absolute uniformity on the parents themselves."' application of moral norms to detailed questions. And From this perspective of the centrality of the sensus fourth, the laity needs to take theologians seriously, but fidelium, which in a real way along with Scripturc is a not allthat seriously:"If theologians are mistakenly norm for magisterial teaching, all of us who strive to be thought to be the ultimate teachers in the Church, they faithful, that is, the laity, theologians and the bishops, risk losing, besides their freedom to probe and question, need to learn to be docile, to be taught by the Lord and to their humility."' be led by the Spirit. All of us need to undergo continuing Not only theologians, but members of the hierarchy as conversion and sustain effective conversations so that, well have reason to be humble. While both of these among other things, we may speak with confidence groups engage themselvesindifferent but comple- about those matters within our competence, even though mentary ways in the education of the laity, there is a at times we may find it necessary to disagree in a respon- growing awareness among both groups that the laity in sible way with certain teachings not infallibly taught.

32Sullivan, 172. 53See Raymond Brown's comments, 282, 54McCormick; 504-05. A salutary but sobering Gospel truth reveals that it was the learned and the religious leaders who most often had difficulty accepting the person and message of Jesus. As one moral theo- lc.jan puts it, "Certain truths are best recognized not by those who are !earned but by those who are good" (Gallagher, 197) C.S. Lewis spent his whole life in academia and described well one of the greatest dangers of t se ;ntellectual life, pride: 'The intellectual life is not the only road to Goc, the safest, but we find it to be a road, and it may be the appointed road for us. Of course it will be so only so long as we keep the imptuse pure and disinterested. That is the g-eat difficulty. As the author of the Theologia Germanica says, we may come to love know- ingour knowingmore than the thing known: to delight not in the exercise of our talents but in the fact that they are ours, or even in the reputation they bring us. Every success in the scholar's life increases this 55G.B. Hume, "Development of Marriage Teaching," Origins 10 Octo- danger. If it becomes irresistible, he must give up his scholarly work. ber 16, 1980): 276; see my article, "Papal Infallibility," 63-65. The time for plucking out the right eye has arrived" (from an essay en- 5°David Tracy's notion of "conversation" in The Analogical Imagina- titled "Learning in War Time," in a collection of his essays, Fern-seed tion (New York: Crossroads, 1981) offers a rather good model of "docil- and Elephants [Collins/Fountain Books, 1977], 34. ity" (see esoecially 446-55).

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