Brigham Young University Law School BYU Law Digital Commons The lC ark Memorandum Law School Archives Spring 2010 Clark Memorandum: Spring 2010 J. Reuben Clark Law Society BYU Law School Alumni Association J. Reuben Clark Law School Follow this and additional works at: https://digitalcommons.law.byu.edu/clarkmemorandum Part of the Christianity Commons, Immigration Law Commons, Legal Education Commons, and the Practical Theology Commons Recommended Citation J. Reuben Clark Law Society, BYU Law School Alumni Association, and J. Reuben Clark Law School, "Clark Memorandum: Spring 2010" (2010). The Clark Memorandum. 47. https://digitalcommons.law.byu.edu/clarkmemorandum/47 This Article is brought to you for free and open access by the Law School Archives at BYU Law Digital Commons. It has been accepted for inclusion in The lC ark Memorandum by an authorized administrator of BYU Law Digital Commons. For more information, please contact [email protected]. clark memorandum J. Reuben Clark Law School Brigham Young University Spring >> 2010 n n [ t h e m o s t i m p o r t a n t t h r e e things in the world [ c o n t e n t s rataedl cover photograph Still on the Border: The Fractured Membership Rights of the The Most Important Undocumented Worker Three Things in the World Carolina Núñez Brett G. Scharffs m e m o r a n d a “Unto Whom + conference excerpt Much Is Given” + new era excerpt James R. Rasband + a w a r d s a n d appointments Stories That Defined + in memoriam Our Law School + class notes Dale A. Kimball + life in the law 2 18 26 32 10 James R. Rasband, p u b l i s h e r Scott W. Cameron, executive editor Jane H. Wise, e d i t o r Joyce Janetski, associate editor David Eliason, art director Bradley Slade, photographer The Clark Memorandum is published by J. Reuben Clark Law Society, the byu Law School Alumni Association, and J. Reuben Clark Law School, Brigham Young University. © Copyright 2010 by Brigham Young University. All rights reserved. J. Reuben Clark Law Society draws on the philosophy and personal example of the Law School’s namesake, J. Reuben Clark Jr., in fulfilling the following mission: We affirm the strength brought to the law by a lawyer’s personal religious conviction. We strive through public service and professional excellence to promote fairness and virtue founded upon the rule of law. the most important by brett g. scharffs 1 i n t h e w o r l d I wish to thank President express my gratitude for Sophelia, and Ella. They are Samuelson, Academic the beautiful music and missing school to be here, Vice President Tanner, to Megan Grant and so I know I have a grateful and Advancement Vice Suzanne Disparte for their audience of at least three. President Worthen for prayers. They are two of As I prepared to speak the opportunity to speak my research assistants who with you today, I actually today. I am grateful for prop me up on a daily basis; worked through three these devotionals and the so it is entirely fitting that different topics, each more occasion they give us to they do the same thing here. personal than the last, and explore what it means to I want to also acknowledge I hope you will forgive me be a community of faith my father and stepmother; as I speak from the heart as well as a community my wife, Deirdre; and about some aspects of my of reason. I want to my three children, Elliot, own journey of faith. 4.)))).)))))))).)))))))).)))))))).)))))))).)))))))).))))))))))))).)$This address was given at a devotional at Brigham Young University on May 12, 2009. 2 clark memorandum I traveled in my mind’s eye back to my are the foundational Christian virtues. Each and we can see clearly in every direction. student days. At Oxford University I attended is a trait of character to be cultivated and There is something quite beautiful about a series of lectures in which a famous and developed. Each is a set of attitudes and this stage of faith. To me it is exemplified by fashionable professor asserted confidently that beliefs to guide thought and action. Each is hearing a chorus of Primary children sing “I the study of ancient Greek philosophy was a choice. Each is a gift from God. Know My Father Lives.”9 one of the three best things in life. With a sly Faith, hope, and charity may be likened to The second stage Ricoeur calls the desert smile and an arched eyebrow, he did not tell us the three legs of a stool. As a boy visiting my of criticism. At some point, often during out loud what he thought the other two were. grandmother’s farm, I was impressed with adolescence, we descend from the mountain But his assertion left me wondering: the three-legged stool used for milking cows. of childlike faith and enter the critical world. What are the most important three things Just as the stool’s three legs enabled it to rest We might label this world “high school” or, in the world? Later, during my personal firmly on uneven ground, if we are grounded better yet, “college.” Here we find that others scripture study, I searched the Topical Guide in faith, hope, and charity, we too will be on do not share our faith. In fact, some openly for inspiration and was led to Paul’s famous solid footing, even when the ground beneath disparage what we hold dear. We learn that formulation in 1 Corinthians: us is rough or bumpy. Just as a one- or two- the very idea of faith is thought by many to legged stool will teeter precariously, we too be childish or delusional. We may become Though I speak with the tongues of men and will be vulnerable to toppling over if we skeptical, perhaps even cynical. of angels, and have not charity, I am become as neglect any of these three virtues. The desert of criticism is akin to being in sounding brass, or a tinkling cymbal. In my study of this topic, I’ve noticed the midst of a blinding sandstorm, where you And though I have the gift of prophecy, and several things. First, faith, hope, and charity are forced to lean into the wind and take one understand all mysteries, and all knowledge; and are mutually reinforcing. An increase in one step at a time without a clear view of where though I have all faith, so that I could remove tends to result in an increase in the others. If we you are going. Walking by faith becomes mountains, and have not charity, I am nothing. are feeling weak with respect to one, we can difficult. Some of our former beliefs cannot And now abideth faith, hope, charity, these gather strength by focusing on the other two. survive the desert of criticism. three; but the greatest of these is charity.2 There is also a temporal dimension to the Ricoeur did not malign the desert of relationship. Faith is rooted in the past—in criticism, for some childish beliefs are At the very end of the Book of Mormon, Christ’s death and resurrection and in His incorrect and should be abandoned. As the after completing his abridgement of the Atonement for our sins. Hope is focused Apostle Paul says in his discourse on faith, Jaredite record, the prophet Moroni is on the future—in the promise that through hope, and charity, “When I was a child, I surprised to find that he is not dead yet.3 Christ’s Atonement and by the covenants we spake as a child, I understood as a child, I Fortunately, he catches a second wind and make and keep, we can return to the presence thought as a child: but when I became a man, recounts a few of his father’s teachings, of our Father in Heaven. And charity is I put away childish things.”10 including Mormon’s powerful discourse enacted in the present—because it is only Furthermore, it is only in coming down on faith, hope, and charity.4 And then, in here and now that we can really love. from the mountain that we are able to enter Moroni 10, the last chapter of the Book of There is also a dimension of progression into the world and engage others who are Mormon, Moroni returns to this theme as he and culmination: faith and hope lead to different from us. To a great extent this is offers his final exhortations. (By my count, charity, and it is charity—Christ’s love for where life is lived and where we can make in that chapter alone he uses the words us—that never fails.6 If we desire to develop a difference in the world. Some people exhortation or exhort nine times.) Moroni says: and be endowed with this Christlike love, it never leave the desert of criticism, and will be by traveling the road of faith and hope. in time the memory of their childlike faith And I would exhort you, my beloved brethren, may dim. After prolonged exposure to the i - faith that ye remember that every good gift cometh of # 3 desert of criticism, some even lose their faith Christ. First, a few words about faith. altogether. Ricoeur maintained that once Wherefore, there must be faith; and if there As a freshman at Georgetown University, one has entered the desert of criticism, it is must be faith there must also be hope; and if there I took a required course, The Problem of not possible to return to the mountain of must be hope there must also be charity.