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John Courtney Murray and Martin Luther on the Relationship Between Church and State Faith Elizabeth Burgess
Hastings Law Journal Volume 29 | Issue 6 Article 12 1-1978 John Courtney Murray and Martin Luther on the Relationship between Church and State Faith Elizabeth Burgess Follow this and additional works at: https://repository.uchastings.edu/hastings_law_journal Part of the Law Commons Recommended Citation Faith Elizabeth Burgess, John Courtney Murray and Martin Luther on the Relationship between Church and State, 29 Hastings L.J. 1561 (1978). Available at: https://repository.uchastings.edu/hastings_law_journal/vol29/iss6/12 This Article is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Law Journal by an authorized editor of UC Hastings Scholarship Repository. For more information, please contact [email protected]. John Courtney Murray and Martin Luther on the Relationship Between Church and State By FAr= ELIZABETH BURGESS* Introduction IT IS TEN YEARS since the death of the well-known American Jesuit, John Courtney Murray. Murray's scholarly life exem- plified the enormous changes which have taken place in the Roman Catholic Church during the last fifty years. He began his writing in the early 1940's and quickly became involved in the issue of the relationship between Roman Catholicism and modem democ- racy. This involvement led him to the broader question of formu- lating a theory of the relationship between church and state which could be applied to different political situations. Murray's work in the area of church and state elicited strong opposition, and by the early 1950's he had been advised to let the subject rest; at least he should not write anything on the church-state question without clear- ing his ideas with his superiors first. -
Islam and Religious Freedom: the Experience of Religious Majorities and Minorities
SYMPOSIUM ISLAM AND RELIGIOUS FREEDOM: THE EXPERIENCE OF RELIGIOUS MAJORITIES AND MINORITIES Brett G. Scharffs* INTRODUCTION One of the most interesting stories in the history of religious freedom is the journey of the Catholic Church, from being perhaps the most powerful institution on earth opposed to religious freedom in the eighteenth and into the nineteenth centuries, to being perhaps the most powerful institution on earth in defense of religious freedom from the middle of the twentieth century and into the early decades of the twenty-first century.1 Whereas in most countries today there is a very high correlation between dominant religious majorities and a low degree of religious freedom, regardless of whether the religious majority is Orthodox Christian, Muslim, Buddhist, Jewish, or Hindu, there is a striking exception: in countries with large Catholic majorities, limitations on religious freedom—measured both in terms of legal restrictions and social hostilities—tend to be low or very low.2 In an article in the Notre Dame Law Review celebrating the fiftieth anniversary of Dignitatis Humanae, I documented this remarkable anomaly and suggested that this was due to the Catholic Church’s journey toward finding within its own religious tradition the theological resources for identifying freedom of religion as a basic component of human dignity and thus a fundamental human right.3 In a subsequent article, Andrea Pin (whose article Is There a Place for Islam in the West? © 2018 Brett G. Scharffs. Individuals and nonprofit institutions may reproduce and distribute copies of this Essay in any format, at or below cost, for educational purposes, so long as each copy identifies the author, provides a citation to the Notre Dame Law Review Online, and includes this provision and copyright notice. -
Liberal Catholicism in France, 1845-1670 Dissertation
LIBERAL CATHOLICISM IN FRANCE, 1845-1670 DISSERTATION Presented Is fbrtial Ftalfillaent of the Requlreaents for the Degree Doctor of Philosophy in the Graduate School of The Ohio State University By JOHN KEITH HUOKABY, A. £., M. A, ****** The Ohio State University 1957 Approved by: CONTENTS Chapter Page I INTRODUCTION......................... 1 The Beginnings of Liberal Catholicism in F r a n c e ....................... 5 The Seoond Liberal Catholic Movement . 9 Issues Involved in the Catholic-Liberal Rapprochement . • ......... > . 17 I. The Challenge of Anticierlealism. • 17 II. Ohuroh-State Relatione........ 22 III.Political Liberalism and Liberal Catholic la n .................. 26 IV. Eeoncttlc Liberalism and Liberal Catholiciam ..... ........... 55 Scope and Nature of S t u d y .......... 46 II THE CAMPAIGN AGAINST THE UNIVERSITS.... 55 Lamennais vs. the Unlveralte........ 6l Oniv era it a under the July Monarchy. 66 Catholic and Unlversite Extremism .... 75 The Liberal Catholio Campaign ......... 61 III CHURCH-STATE RELATIONS................ 116 Traditional Attitudes ................. 117 The Program of L*Avaiilr........... 122 The Montalembert Formula* Mutual Independence but not Separation .... 129 Freedom of Conscience and Religion . 155 Syllabus of Errors ........... 165 17 GALL ICANISM AND ULTRAMONTANISM........... 177 Ultramontanism: de Maistre and Lamennais 160 The Second Liberal Catholic Movement. 165 The Vatican Council............. 202 V PAPAL SOVEREIGNTY AND ITALIAN UNITY. .... 222 71 POLITICAL OUTLOOK OF LIBERAL CATHOLICS . 249 Democracy and Political Equality .... 257 ii The Revolution of 1848 and Napoleon . 275 Quarantiem and Ant 1-etatlaae.............. 291 VII CONCLUSIONS.............................. 510 SELECTED BIBLIOGRAPHY............................ 525 ill Chapter X INTRODUCTION In the aftermath of the French Revolution the Roman Catholic Church placed itself in opposition to the dynamic historical forces in nineteenth-century France. -
St. Robert Bellarmine on the Indirect Power
ST. ROBERT BELLARMINE ON THE INDIRECT POWER JOHN COURTNEY MURRAY, SJ. Woodstock College N AN age that is being torn apgxt by a profound spiritual crisis in the I temporal order, it is inevitable that the problem of the relations between the spiritual and temporal should assume ranking importance. No one stands aside from this problem; everyone must adopt some solu tion for it. Secular theorists of the "new man" are urging the neces sary exclusion of the spiritual, in the traditional sense, from any in fluence on temporal affairs, and are enforcing on man his destiny to be the unaided creator of the conditions of his own free life. Christian theorists solve the problem in terms of their own concept of Christianity and the degree and kind of engagement of religion and the church in the affairs of this world that it permits or prescribes; the orthodox Lutheran or Barthian will differ considerably from the contemporary Protestant liberal or freechurchman. In Catholic terms, of course, the cardinal question is that of the spiritual authority of the Church over the temporal—its bases, extension, fields and manner of exercise, techniques of effectiveness, etc. This is an ancient question, with a complicated history; in the details of its answer there has never been, nor is there yet, complete uniformity of view. Writing in the sixteenth century, St. Robert Bellarmine said: "The fact that there is in the Pope a power in regard of temporal affairs is not a matter of opinion but of certainty among Catholics; although there is no lack of disputes over what kind and manner of power it is .. -
The Liberal Illusion
The Liberal Illusion By LOUIS VEUILLOT (1866) Translated by RT. REV. MSGR. GEORGE BARRY O’TOOLE, PH. D., S. T. D. Professor of Philosophy in The Catholic University of America, Washington, D. C. With Biographical Foreword by REV. IGNATIUS KELLY, S. T. D., Professor of Romance Languages in De Sales College, Toledo, Ohio Of old time thou hast broken my yoke, thou hast burst my bands, and thou saidst: I will not serve. — Jer. 2:20. BIOGRAPHICAL FOREWORD PALADIN, and not a mere fighter,” says Paul Claudel of Louis A Veuillot. “He fought, not for the pleasure of fighting, but in defense of a holy cause, that of the Holy City and the Temple of God.” It is just one hundred years ago, 1838, that Louis Veuillot first dedicated himself to this holy cause. “I was at Rome,” he wrote as an old man recalling that dedication. “At the parting of a road, I met God. He beckoned to me, and as I hesitated to follow, He took me by the hand and I was saved. There was nothing else; no sermons, no miracles, no learned debates. A few recollections of my unlettered father, of my untutored mother, of my brother and little sisters.” This was Louis Veuillot’s conversion, the beginning of his apostolate of the pen which was to merit him the title of “Lay Father of the Church” from Leo XIII; “Model of them who fight for sacred causes” from Pius X; and from Jules Le Maitre the epithet “le grand catholique.” In the days of the Revolution, the maternal grandmother of Veuillot, Marianne Adam, a hatchet in her hand, had defended the cross of the church of Boynes in old Gatinais. -
The Hank Center for the Catholic Intellectual Heritage
The Hank Center for the Catholic Intellectual Heritage April 2016 From the Desk of Fr. Mark Bosco, S.J . Easter Greetings! Let us not mock God with metaphor, Analogy, sidestepping, transcendence; Making of the event a parable, a sign pointed in the Faded credulity of earlier ages: Let us walk through the door. This evocative ending to John Updike's poem "Seven Stanzas at Easter" reminds us that Easter is neither nostalgic sentimentality -- Easter bunnies and chocolate -- nor a quaint symbol about springtime. Rather, Easter brings us to that critical juncture each year when we walk through the door with energy and verve -- with hope, joy, and courage -- into a broken world that is loved and saved by God. Whether we walk through the door into churches, classrooms, laboratories, or offices, Easter proclaims that our lives matter, that all lives matter, and that our thoughts and actions can make a difference in the world. The intellectual and artistic heritage of Catholicism is one such door -- one that helps us to deepen our commitments to faith, reason, and justice. This April, the Hank Center invites you to walk through the door with us. On April 8, we are excited to have the Rev. Carlos Maria Galli with us from Argentina. One of Pope Francis' favorite theologians, Fr. Galli has been instrumental in shaping the Pope's vision of the Church. On April 14, join us for the international conference, The Challenge of God: Continental Philosophy and the Catholic Intellectual Heritage. On April 21, we are pleased to co-sponsor the symposium, "The Business of Social Justice" with Loyola's Quinlan School of Business. -
Benedict XVI's “Hermeneutic of Reform” and Religious Freedom
Nova et Vetera, English Edition, Vol. 9, No. 4 (2011): 1029 –54 1029 Benedict XVI’s “Hermeneutic of Reform” and Religious Freedom MARTIN RHONHEIMER Pontifical University of the Holy Cross Rome, Italy I. Continuity or Rupture: How Did Vatican II Understand the Church’s Relation with the Modern World? 1 INAnotable Christmas message given before the Roman Curia on December 22, 2005, Pope Benedict XVI cautioned against a widespread interpretation of the Second Vatican Council which would posit that the Church after the Council is different than the “preconciliar” Church. Benedict called this erroneous interpretation of the Council a “hermeneutic of discontinuity and rupture.” 1 The present article first appeared in German in Die Tagespost 115 (26 September 2009): 14, and online at KATH.NET, 28 September 2009 (www.kath.net/ detail.php?id=24068). A Spanish translation of the article appeared in the Appen - dix I of M. Rhonheimer, Cristianismo y laicidad: Historia y actualidad de una relación compleja, Ediciones (Madrid: Rialp, 2009), 167–79. The version presented here includes the text of that article in its entirety, expanded and provided with an appendix, which deals with specific questions concerning the continuity and infallibility of the ordinary universal magisterium, questions inherent to the prob - lem discussed here. This expanded version was first published in French as “L’«herméneutique de la réforme» et la liberté de religion,” in the French edition of Nova et Vetera 85 (2010): 341–63 (online: www.novaetvetera.ch/Art%20Rhon - heimer.htm) and in a slightly abridged version in Die Neue Ordnung 65, no. 4 (August 2011): 244–61. -
The Kingship of Christ: Why Freedom of "Belief" Is Not Enough
DePaul Law Review Volume 42 Issue 1 Fall 1992: Symposium - Confronting the Wall of Separation: A New Dialogue Between Article 9 Law and Religion on the Meaning of the First Amendment The Kingship of Christ: Why Freedom of "Belief" Is Not Enough Stanley Hauerwas Michael Baxter C.S.C. Follow this and additional works at: https://via.library.depaul.edu/law-review Recommended Citation Stanley Hauerwas & Michael Baxter C.S.C., The Kingship of Christ: Why Freedom of "Belief" Is Not Enough, 42 DePaul L. Rev. 107 (1992) Available at: https://via.library.depaul.edu/law-review/vol42/iss1/9 This Article is brought to you for free and open access by the College of Law at Via Sapientiae. It has been accepted for inclusion in DePaul Law Review by an authorized editor of Via Sapientiae. For more information, please contact [email protected]. A CONTEMPORARY PERSPECTIVE OF RELIGION'S VIEWS OF THE LAW OF CHURCH AND STATE THE KINGSHIP OF CHRIST: WHY FREEDOM OF "BELIEF" IS NOT ENOUGH Stanley Hauerwas* Michael Baxter, C.S.C.** I. THE CURRENT SITUATION: THE PREVALENCE OF "MERE BELIEF" In addressing matters of church and state, Christian theologians in America by and large have assumed that it is their task to justify the First Amendment. We do not intend to take up that task in this Essay; indeed, we intend to do quite the opposite. We intend to show that the theoretical presuppositions and concrete practices under- writing the so-called separation of church and state have produced a set of political arrangements (i.e., the United States of America) that present a deep and intractable challenge to that community whose allegiance is first and foremost to the Kingship of Christ (i.e., "the one, holy, catholic, and apostolic church"). -
The Diplomatic Mission of Archbishop Flavio Chigi, Apostolic Nuncio to Paris, 1870-71
Loyola University Chicago Loyola eCommons Dissertations Theses and Dissertations 1974 The Diplomatic Mission of Archbishop Flavio Chigi, Apostolic Nuncio to Paris, 1870-71 Christopher Gerard Kinsella Loyola University Chicago Follow this and additional works at: https://ecommons.luc.edu/luc_diss Recommended Citation Kinsella, Christopher Gerard, "The Diplomatic Mission of Archbishop Flavio Chigi, Apostolic Nuncio to Paris, 1870-71" (1974). Dissertations. 1378. https://ecommons.luc.edu/luc_diss/1378 This Dissertation is brought to you for free and open access by the Theses and Dissertations at Loyola eCommons. It has been accepted for inclusion in Dissertations by an authorized administrator of Loyola eCommons. For more information, please contact [email protected]. This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 License. Copyright © 1974 Christopher Gerard Kinsella THE DIPLOMATIC MISSION OF ARCHBISHOP FLAVIO CHIGI APOSTOLIC NUNCIO TO PARIS, 1870-71 by Christopher G. Kinsella t I' A Dissertation Submitted to the Faculty:of the Graduate School of Loyola Unive rsi.ty in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy February, 197 4 \ ' LIFE Christopher Gerard Kinsella was born on April 11, 1944 in Anacortes, Washington. He was raised in St. Louis, where he received his primary and secondary education, graduating from St. Louis University High School in June of 1962, He received an Honors Bachelor of Arts cum laude degree from St. Louis University,.., majoring in history, in June of 1966 • Mr. Kinsella began graduate studies at Loyola University of Chicago in September of 1966. He received a Master of Arts (Research) in History in February, 1968 and immediately began studies for the doctorate. -
A Citizen of Two Cities Remarks of Robert John Araujo, SJ
ARAUJO.CORRECTED.PAGE_VI.DOC 12/3/2010 11:46:01 AM LOYOLA UNIVERSITY CHICAGO SCHOOL OF LAW INAUGURAL LECTURE OF THE JOHN COURTNEY MURRAY CHAIR APRIL 27, 2010 John Courtney Murray, S.J.: A Citizen of Two Cities Remarks of Robert John Araujo, S.J.* Charles Dickens began his Tale of Two Cities with the memorable line, “It was the best of times; it was the worst of times.”1 Dickens’ great saga takes us back and forth between two very different worlds, one in England and the other in France, during the bloody turmoil of the French Revolution. The juxtaposition of such diverse places existing in parallel fashion suggests something about the times in which Fr. John Courtney Murray lived—in a world of depression, of two global wars, and of a new kind of tension called the Cold War. And how did he address the challenging era in which he lived? It may have been Murray’s training as a theologian that made him understand the best and worst of his times; it may have been the fact that he was a lawyer’s son who understood the importance of the rule of law in governing a society * John Courtney Murray, S.J. University Professor, Loyola University Chicago. A.B., Georgetown University; M.Div., S.T.L., Weston School of Theology; Ph.B., St. Michael’s Institute; B.C.L., Oxford University; J.D., Georgetown University; LL.M., J.S.D., Columbia University. Upon completing military service as an officer in the United States Army, Fr. Araujo served as a trial attorney and attorney advisor in the Solicitor’s Office of the United States Department of the Interior (1974–1979). -
Review Volume 13 (2013) Page 1
H-France Review Volume 13 (2013) Page 1 H-France Review Vol. 13 (July 2013), No. 117 Carolina Armenteros, The French Idea of History. Joseph de Maistre and his heirs, 1794-1854. Ithaca, N.Y. and London. Cornell University Press, 2011. xiii + 361 pp. $59.95 U.S. (cl). ISBN 978-0-8014-4943-7. Review by Jack Hayward, University of Hull. My first encounter with the anonymous author of Considérations sur la France (anonymous because Maistre was in 1797 an official of the Sardinian government that had secretly signed a peace treaty with France) was some sixty years ago. Isaiah Berlin gave a lecture on his political thought which I attended as an undergraduate at the London School of Economics. It was a memorable experience to hear him describe how “Every new doctrine since the ages of faith is torn to shreds with ferocious skill and malice.” Berlin went on to acknowledge that Maistre’s “armoury of weapons against liberal and humanitarian doctrines is the most effective ever assembled,” who argued that attempts to reverse the French Revolution were “as if one had been invited to drain the Lake of Geneva by bottling its waters in a wine cellar.”[1] The remark that remained imprinted on my mind was Berlin’s emphasis upon Maistre’s apotheosis of the public executioner. Far from recoiling from the Jacobins’ resort to the guillotine to preserve their precarious hold on power, he asserted that no stable authority was possible in a wicked world without this God—sanctioned author of social order. The efficient, shameful secret of sovereignty, revealed by Thomas Hobbes, was the fear of death, so “all grandeur, all power, all subordination rests on the executioner; he is the horror and bond of human association. -
David S. Crawford. Recognizing the Roots of Society in The
RECOGNIZING THE ROOTS OF SOCIETY IN THE FAMILY, FOUNDATION OF JUSTICE • David S. Crawford • “My precise criticism of liberalism is that it remakes the person and the ‘family’ in the image of its voluntarist and procedural concept of justice and the basic anthropology this entails.” Honor your father and mother, so that you might live out your days at length in the land the Lord your God has given you —Exodus 20:12 I. Introduction: Posing the Question 1. The title given here1 makes a claim: viz. that the family is or should be conceived as the “root” or “foundation” of society and justice. In doing so, it evokes the teaching of Familiaris consortio that “the family is ‘the first and vital cell of society’” (FC, 42).2 Far from being an obscure reference, this teaching of the 1981 Apostolic Exhortation is echoed by numerous other references in the Church’s 1This paper was presented at “The Christian Family for the Life of the World: Second International Study Week,” at the Pontifical John Paul II Institute for Studies on Marriage and the Family at the Lateran University in Rome, 20–24 August 2007. 2Quoting Apostolicam actuositatem, 11: “prima et vitalis cellula societatis.” Communio 34 (Fall 2007). © 2007 by Communio: International Catholic Review 380 David S. Crawford magisterium to the idea that society is in some sense rooted in the family.3 The title also makes reference to the Fourth Command- ment, “Honor your father and mother, that your days may be long in the land which the Lord your God gives you” (Ex 20:12).