mo. IVERS IN A DIALOGUE ON OTEV-OTLESLE Edited by John P. Langan, S.J. ForeworContent maded b availablev Leo by J .Georgetown O'Donovan University, S.JPress. and Digital Georgetown Content made available by Georgetown University Press and Digital Georgetown Catholic Universities in Church and Society: A Dialogue on Ex corde Ecclesiae Content made available by Georgetown University Press and Digital Georgetown Contributors Rev. Michael J. Buckley, S.J., is Professor of Systematic Theology at Boston College. Philip Burling, Esq., is Senior Partner at Foley, Hoag & Elliott in Boston, Massachusetts. Sr. Sharon Euart, R.S.M., is Associate General Secretary of the National Confer- ence of Catholic Bishops. Philip Gleason is Professor of History at the University of Notre Dame. Rev. J. Bryan Hehir is Professor of the Practice in Religion and Society at the Harvard Divinity School. Rev. David Hollenbach, S.J., is Margaret O'Brien Flatley Professor of Catholic Theology at Boston College. Elizabeth Topham Kennan is the President of Mount Holyoke College. Rev. Joseph A. Komonchak is Associate Professor in the Department of Religion and Religious Education at The Catholic University of America. Michael J. Lacey is Director of the Division of United States Studies at the Woodrow Wilson International Center for Scholars of the Smithsonian Institution. Rev. John P. Langan, S.J., is Rose Kennedy Professor of Christian Ethics at Georgetown University. David Thomas Link, Esq., is Joseph A. Matson Dean and Professor at Notre Dame Law School. Gregory T. Moffatt is an Associate at Foley, Hoag & Elliott in Boston, Massachu- setts. Rabbi David Novak is Edgar M. Bronfman Professor of Modern Judaic Studies at the University of Virginia. David J. O'Brien is Loyola Professor of Roman Catholic Studies at the College of the Holy Cross. Rev. Leo J. O'Donovan, S.J., is the President of Georgetown University. Rev. Ladislas Orsy, S.J., is Professor of Canon Law at The Catholic University of America. Jaroslav Pelikan is Sterling Professor of History at Yale University. Rev. James H. Provost is Professor of Canon Law at The Catholic University of America. Rev. George H. Tavard, A.A., is Distinguished Professor of Theology at Mar- quette University. Charles H. Wilson, Esq., is a Washington, D.C. attorney who has litigated church-state issues for a number of years. Content made available by Georgetown University Press and Digital Georgetown Catholic Universities in Church and Society: A Dialogue on Ex corde Ecclesiae Edited by JOHN P. LANGAN, S.J. Foreword by LEO J. O'DONOVAN, S.J. GEORGETOWN UNIVERSITY PRESS/WASHINGTON, D.C. Content made available by Georgetown University Press and Digital Georgetown Georgetown University Press, Washington, D.C. 20057-1079 © 1993 by Georgetown University Press. All rights reserved. Printed in the United States of America 10 9 8 7 6 5 4 3 2 1 1993 THIS VOLUME IS PRINTED ON ACID-FREE OFFSET BOOK PAPER. Library of Congress Cataloging-in-Publication Data Catholic universities in church and society : a dialogue on Ex corde Ecdesiae / foreword by Leo J. O'Donovan ; edited by John P. Langan. p. cm. Papers from a symposium held at Georgetown University in April 1993. 1. Catholic Church. Pope (1978- : John Paul II). Ex corde Ecdesiae—Congresses. 2. Universities and colleges (Canon law)— Congresses. 3. Christian education (Canon law)—Congresses. I. Langan, John, 1940- LAW <CANON Cath 1993> 377'.82—dc20 ISBN 0-87840-544-5 93-22154 Content made available by Georgetown University Press and Digital Georgetown Contents Foreword vii Rev. Leo J. O'Donovan, SJ. Acknowledgements ix The American Background of Ex corde Ecclesiae: A Historical Perspective 1 Philip Gleason COMMENT: David J. O'Brien 20 COMMENT: Rev. J. Bryan Hehir 28 DISCUSSION: 32 The Catholic University in the Church 35 Rev. Joseph A. Komonchak COMMENT: Rev. John P. Langan, SJ. 56 COMMENT: Rev. George H. Tavard, A.A. 63 DISCUSSION: 69 The Catholic University and the Promise Inherent in Its Identity 74 Rev. Michael J. Buckley, S.J. COMMENT: Rev. David Hollenbach, SJ. 90 COMMENT: Rabbi David Novak 95 DISCUSSION: 101 Content made available by Georgetown University Press and Digital Georgetown vi CONTENTS A Canonical Commentary on Ex corde Ecclesiae 105 Rev. James H. Provost COMMENT: Sr. Sharon A. Euart, RS.M 137 COMMENT: Rev. Ladislas Orsy, S.J. 146 DISCUSSION: 150 Notes from the Other Side of the Wall: A University Counsel's Reflections on Potential Interactions between the Civil Law and the Apostolic Constitution 153 Philip Burling, Esq. and Gregory T. Mojjatt COMMENT: Charles H. Wilson, Esq. 176 COMMENT: David Thomas Link, Esq. 187 DISCUSSION: 193 Ex corde Universitatis: Reflections on the Significance of Newman's "Insisting Solely on Natural Theology" 196 Jaroslav Pelikan COMMENT: Elizabeth Topham Kennan 210 COMMENT: Michael J. lacey 214 DISCUSSION: 223 GENERAL WRAP-UP DISCUSSION 226 APPENDIX A: Apostolic Constitution, Ex corde Ecclesiae, of the Supreme Pontiff, John Paul II, on Catholic Universities 229 APPENDIX B: Draft Ordinances: National Conference of Catholic Bishops Committee to Implement the Apostolic Constitution, Ex corde Ecclesiae, 255 Content made available by Georgetown University Press and Digital Georgetown Foreword In August 1990 Pope John Paul II issued the apostolic constitution, Ex corde Ecclesiae, on Catholic universities. This is a document that expresses the pope's deep interest in the development of Catholic intellectual life in the university setting and also his care for the role of religious faith as a dialo^ical, integrating element in shaping modern culture more generally. The constitution offers both a theological understanding of the Catholic university and a set of general norms for its governance. It thus provokes reflection on such important theologi- cal themes as the relations between faith and reason and between the church and culture. But it also raises practical questions about the implications of its norms for the situation of the university in canon law and in civil law. The university is a complex and valuable institution. A Catholic university has a special complexity arising from its religious character and mission. It embodies a fundamental dimension of our response to ultimate values. It is thus easy to conclude that a document such as Ex corde Ecclesiae requires the careful reading and respectful attention that it is a particular function of a university to supply. The purpose of the George to wn University Symposium on Ex corde Ecclesiae, held at the end of April 1993, was precisely to provide an opportunity for scholarly reading, interpretation, and discussion of this important document and to assist others in pondering its implications for the American context. The papers, comments, and discussion summaries included in this volume are intended to serve as the record of one scholarly dialogue about the Apostolic Constitution and about the issues it raises for educators, theologians, lawyers, and the members of the academy. The approach taken is interdisciplinary and ecumenical. The volume also reflects the conviction of the participants that the Catholic character of universities bearing the Catholic name is a precious Content made available by Georgetown University Press and Digital Georgetown viii FOREWORD legacy from the generations that built and staffed them, often at great sacrifice, and is also an invaluable resource for the future of American society and of world Catholicism. LEO J. O'DONOVAN, S.J. Georgetown University Content made available by Georgetown University Press and Digital Georgetown Acknowledgments We are grateful to Marilyn P. & Thomas J. Donnelly, to the Loyola Foundation, and to others for their generous support of the symposium. Special thanks to Michael Kelly, university vice president of Georgetown University, for summarizing the discussions. Our gratitude goes also to the participants in the symposium for a lively and thoughtful discussion. Content made available by Georgetown University Press and Digital Georgetown Content made available by Georgetown University Press and Digital Georgetown PHILIP GLEASON, University of Notre Dame The American Background of Ex corde Ecdesiae: A Historical Perspective Many factors contributed to the issuance of Ex corde Ecdesiae in August 1990, but changes in American Catholic higher education since the 1960s were surely among the more important. These changes are not only important in themselves; they are essential to our understanding of the American context in which the general guidelines set forth in Ex corde Ecdesiae are to be given local application. Unfortunately, little historical work has been done on this period of American Catholic history, and still less has been devoted to the development of Catholic colleges and universities. However, a set of documents has recently been brought together in a volume that is highly germane to the topic and that also provides a useful point of departure for certain historical observations. The volume in question is American Catholic Higher Education: Essential Docu- ments, 1967-1990, edited by Alice Gallin, O.S.U. The documents collected here are, broadly speaking, of two sorts—statements drawn up by Catholic educa- tors, mostly from the United States, and statements drawn up by Roman authorities. Taken together, they number about two dozen. The first section of the book contains four successive efforts to define the nature of a Catholic university worked out under the auspices of the International Federation of Catholic