JUSTICE IN THE THEOLOGY OF THOMAS AQUINAS: REDISCOVERING CIVIC VIRTUE A Dissertation Submitted to the Graduate School of the University of Notre Dame in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy by Thomas J. Bushlack Dr. Jean Porter, Director Graduate Program in Theology Notre Dame, Indiana May 2011 ©Copyright 2011 Thomas J. Bushlack JUSTICE IN THE THEOLOGY OF THOMAS AQUINAS: REDISCOVERING CIVIC VIRTUE Abstract by Thomas J. Bushlack This dissertation develops a contemporary account of civic virtue that is rooted in the moral, political, and theological work of St. Thomas Aquinas, and, more specifically, as it can be developed from the concept of legal or general justice that Aquinas adopts from Aristotle. As we define and develop the concept, civic virtue refers to a firm and stable orientation of the will directing all acts of the virtues toward the common good of one‟s society. Even as the core of civic virtue derives from Aquinas‟ conception of legal justice – hence we are calling it a Thomistic account of civic virtue – we also note the ways in which our account goes beyond and further develops ideas that can be traced back to Aquinas‟ work; for example, in considering the role that the passions play in civic virtue. The dissertation begins by tracing the historical development of modern Catholic social thought, noting how historical, political, and intellectual trends in the West contributed to considerably less attention being paid to Aquinas‟ concept of legal justice in contemporary Catholic moral and political thought. We also place our account of civic virtue into dialogue with contemporary discussions in political philosophy and natural law. These first two steps provide a contemporary context within which we place our Thomas J. Bushlack exegetical and constructive account of civic virtue as a resource for Catholic moral theology today. The historical and exegetical section focuses on an interpretation of Aquinas‟ discussion of legal justice within the context of his wider theological and ethical aims, as well as the context of thirteenth century medieval European society. Finally, the dissertation concludes with a constructive account of Thomistic civic virtue for contemporary moral theology by combining our historical and exegetical insights and research with the dialogue partners of Catholic social thought, political philosophy, and natural law. In doing so, we seek to demonstrate that such an account of civic virtue has much to contribute to contemporary Christian theological discussions, on both a theoretical and practical level. For Seancito y Mi Amor ii CONTENTS Chapter 1: Introduction ....................................................................................................... 1 1.1 A Survey of a Civic and Theological Landscape .............................................. 1 1.2 Structure of the Dissertation ........................................................................... 11 Chapter 2: Civic Virtue in Early Modern and Contemporary Catholic Social Thought .. 21 2.1 Introduction ..................................................................................................... 21 2.2 Church, State, and Civic Virtue in Modernity ................................................ 24 2.2.1 The French Revolution through the Papacy of Leo XIII ....................... 24 2.2.2 Pius X to Vatican II................................................................................ 52 2.3 Civic Virtue in Contemporary Catholic Social Thought ................................ 75 2.4 Conclusion ...................................................................................................... 81 Chapter 3: Civic Virtue in Contemporary Theories of Justice and Natural Law.............. 84 3.1 Introduction ..................................................................................................... 84 3.2 Civic Virtue in Contemporary Political Philosophy ....................................... 85 3.2.1 Liberalism as the Context of Modern Debates on the Good(s) of Political Life ........................................................................................................... 89 3.2.2 Rawls and Galston on the Goods of Liberalism .................................... 91 3.2.3 Alternative Conceptions of Virtue and the Good in Classical Republicanism ....................................................................................... 110 3.3 Natural Law as the Theological Context of Civic Virtue ............................. 121 3.4 Conclusion .................................................................................................... 138 Chapter 4: Civic Virtue in Thomas Aquinas‟ Account of Justice .................................. 142 4.1 Introduction ................................................................................................... 142 4.2 The Virtue of Justice in Medieval Moral and Political Thought .................. 145 4.3 Thomas Aquinas‟ Treatment of the Virtue of Justice and Related Concepts 159 4.3.1 Some Problems Associated with Justice, Aquinas‟ Solutions, and their Implications for Civic Virtue ................................................................. 159 4.3.2 Aquinas‟ Conception of Legal Justice: The Foundation of Civic Virtue ............................................................................................................... 169 4.3.3 Some Concepts Related to Justice and their Importance for Civic Virtue ............................................................................................................... 188 4.3.4 Extending the Discussion ..................................................................... 206 4.4 Conclusion .................................................................................................... 224 iii Chapter 5: A Constructive Account of Thomistic Civic Virtue ..................................... 231 5.1 Introduction ................................................................................................... 231 5.2 Thickening the Common Good ..................................................................... 234 5.3 Thomism Takes a Rhetorical Turn: Aquinas and Aristotle‟s Rhetoric......... 241 5.4 Reason, Will, Passions, and the Common Good: A Cognitivist Account of Acts of Civic Virtue ..................................................................................... 257 5.5 Conclusion .................................................................................................... 298 BIBLIOGRAPHY ........................................................................................................... 304 iv CHAPTER 1: INTRODUCTION One of the maladies of our time is shattered confidence in human nature. We are inclined to believe that the world is a pandemonium, that there is no sense in virtue, no import in integrity; that we only graft goodness upon selfishness, and relish self-indulgence in all values; that we cannot but violate truth with evasion. Honesty is held to be wishful thinking, purity the squaring of the circle of human nature. The hysteria of suspicion has made us unreliable to ourselves, trusting neither our aspirations nor our convictions. Suspiciousness, not skepticism, is the beginning of our thinking. This sneering doctrine holds many of us in its spell. It has profoundly affected the character and life of modern man. The man of today shrinks from the light. He is afraid to think as he feels, afraid to admit he believes, afraid to love what he admires. - Abraham Joshua Heschel 1.1 A Survey of a Civic and Theological Landscape A recent analysis of multiple surveys administered to „Millennials‟ - young adults born after 1980 and coming of age in the new Millennium - by the Pew Forum on Religion and Public Life suggests that young adults are much less likely to attend a church or belong to a particular religion or denomination than their predecessors, but that they are just as likely as their elders to hold firm beliefs when it comes to the existence of God, the importance of prayer and spirituality, and the importance of acting according to 1 moral standards and values.1 This is certainly not surprising, and tends to coincide with what Charles Taylor has called the “nova effect”2 of non-traditional religious or moral options available to contemporaries. But what is perhaps surprising is that at least one reason these young adults cite for their lack of interest in becoming religious „joiners‟ has to do with the negative ways which they perceive churches (or other religious groups) to have become overly involved in contentious political debates and issues. Certainly this is not the only reason that Millennials are turned off by more traditional forms of church membership, but this data suggests that Christian churches are struggling to provide a language and practice in which members feel both supported and nurtured in their faith, and empowered to think for themselves on moral issues that are related to political and social engagement. Certainly, part of this has to do with the ways in which Western political discourse has become increasingly polarized, and more focused on winning elections and maintaining power than pursuing truth, justice, or the common good, as is exemplified in the phenomenon of the “culture wars.”3 Similar trends are also confirmed by recent research undertaken by the sociologists Robert Putnam and David Campbell, who note a shrinking moderate religious middle with more religious believers