Duquesne University Duquesne Scholarship Collection Electronic Theses and Dissertations Spring 2013 Collaborative Justice: An Analysis of the Use of "Justice" in the Writings of Lisa Sowle Cahill Dennis W. Feltwell Follow this and additional works at: https://dsc.duq.edu/etd Recommended Citation Feltwell, D. (2013). Collaborative Justice: An Analysis of the Use of "Justice" in the Writings of Lisa Sowle Cahill (Doctoral dissertation, Duquesne University). Retrieved from https://dsc.duq.edu/etd/534 This Immediate Access is brought to you for free and open access by Duquesne Scholarship Collection. It has been accepted for inclusion in Electronic Theses and Dissertations by an authorized administrator of Duquesne Scholarship Collection. For more information, please contact [email protected]. COLLABORATIVE JUSTICE: AN ANALYSIS OF THE USE OF ―JUSTICE‖ IN THE WRITINGS OF LISA SOWLE CAHILL A Dissertation Submitted to the McAnulty College and Graduate School of Liberal Arts Duquesne University In partial fulfillment of the requirements for the degree of Doctor of Philosophy By Dennis Feltwell May 2013 Copyright by Dennis Feltwell 2013 COLLABORATIVE JUSTICE: AN ANALYSIS OF THE USE OF ―JUSTICE‖ IN THE WRITINGS OF LISA SOWLE CAHILL By Dennis Feltwell Approved March 20, 2013 Dr. Elizabeth A. Cochran, Ph.D. Dr. James P. Bailey, Ph.D. Associate Professor of Theology Associate Professor of Theology (Dissertation Director) (Committee Member) Dr. Aaron Mackler, Ph.D. Associate Professor of Theology (Committee Member) Dr. James M. Swindal, Ph.D. Dr. Maureen O‘Brien, Ph.D. Dean, McAnulty College and Chair, Department of Theology Graduate School of Liberal Arts Associate Professor of Theology iii ABSTRACT COLLABORATIVE JUSTICE: AN ANALYSIS OF THE USE OF ―JUSTICE‖ IN THE WRITINGS OF LISA SOWLE CAHILL By Dennis Feltwell May 2013 Dissertation supervised by Elizabeth A. Cochran, Ph.D. This dissertation explores the role of justice in the writings of Catholic ethicist Lisa Sowle Cahill. Since 1990, Cahill has supported theological voices participating in the public forum, which she describes as a meeting ground for diverse intellectual and religious traditions. Good argumentation is necessary but not sufficient to resolve ethical dilemmas within the politically liberal context in which Cahill makes her claims. Instead, her commitment to justice underwrites those narratives and practices which demand one‘s fullest possible participation in contributing toward the common good. Cahill‘s notion of justice develops correlatively to the degree that she integrates the principles of Catholic Social Teaching into her project. The dissertation describes this expansion in Cahill‘s later essays as ―collaborative justice.‖ The dissertation concludes with an examination of her writings on human genetic engineering as a potential application of iv collaborative justice. Cahill‘s strong arguments can be helpful in steering the process toward less-harmful outcomes. In doing so, Cahill‘s principles of collaborative justice look beyond act-focused considerations of Catholic ethics or the procedural justice of liberal traditions, and leaves open the possibility of reconciliation should such future genetic intervention prove undesirable. v ACKNOWLEDGEMENTS I would like to thank, first of all, Dr. Cochran for all of her direction and advice during the entire dissertation process from its inception, to the proposal, and through each chapter and subsequent revision. It is no easy task to complete a dissertation, and for me it has been very difficult to write so far away from direct support on campus. But Dr. Cochran offered professional guidance and personal encouragement at each stage through email correspondence, phone consultation, and campus visits. I am also grateful to Dr. Bailey and Dr. Mackler for their careful reading and valuable insights. Their feedback on early drafts helped me to fine-tune the arguments for Chapter Four and the Epilogue. I also thank Dr. George Worgul, who served as department chair during the bulk of my time at Duquesne University. He afforded me the opportunity to complete doctoral work through a continuing scholarship. To Duquesne‘s entire Theology faculty, past and present, thank you for the chance to learn in your courses and seminars. To my fellow Ph.D. students, many of whom are now alumni, I count many of you among my friends and, of course, charter members of the ―Theological Society of Smokin‟ Joe‟s:‖ Cathy Brodersen, Sr. Diane Collesano, Fr. Michael Darcy, Michael Fagge, Mary Filice, Karen Kolano, Emily Manning, Michael Martocchio, Kevin Storer, and Mary Beth Yount. May God bless your work now and in the future! A special note to Ian Murphy, who shared his home in Pittsburgh with me during coursework: without this supportive friendship and rich blessing, I wonder if I could have succeeded in my studies. Many thanks to Bob Ellermeyer, Reference Librarian at Holy Family University, where I completed most of my early research. In addition to being an excellent librarian, Bob also holds a graduate degree in theology. He was able to identify my unique research vi needs and help in a special way. Thanks also for the hospitality of the Staff at LaSalle University‘s Bucks County Campus, where I have spent the past three summers writing and revising this dissertation. In the current economy, it has been difficult to find sustainable employment without the terminal degree in hand. For taking a chance on an ABD, I am ever grateful to Dr. Kevin Murphy, Chair of the Humanities Department at University of the Sciences in Philadelphia. His offer (and renewal) of my current visiting position has allowed me to complete the dissertation without continuing to work overnight on weekends. While I am on the subject of employers, I thank Chris Bell, President of Med-Com Professional Services in Levittown, PA, who consistently supported my academic goals during my twelve years there. To Fr. Frank Berna, Director of Graduate Religion at LaSalle University and one of my mentors: I have appreciated the opportunity to teach graduate students at this early stage in my career. I have received both scholarly backing from the academy and loving encouragement from my family, friends, and parish. I especially thank Bill Logue, a treasured friend for over two decades, for his constant moral support. My pastor, Fr. Mike Hennelly, offered me an opportunity to ground my academic work within our local worshipping community by appointing me the first Director of Faith Formation at Queen of the Universe in Levittown. To my loving wife and best friend Christine: your many sacrifices over the past decade have made it possible to pursue graduate work, and no words are adequate to express my deep gratitude for all you have done for me. Our children Rebecca and Jacob grew up among my piles of books and articles, and for years have asked you, ―When is vii Daddy coming home?‖ This dissertation is the culmination of our effort, and I dedicate it to you, with love. Finally, I thank God, who has filled my life with so many good people. I have been truly blessed. ―You are my Lord; apart from You I have no good thing‖ (Psalm 16:2)! viii TABLE OF CONTENTS Page Abstract ……………………………………………………………………….……… iv Acknowledgements ………………………………………………………………….. vi Table of Contents …………………………………………………………………….. ix Introduction ……………………………………………………………………......... xv Chapter One: Lisa Sowle Cahill and Public Moral Discourse ……………………... 1 I. Philosophical and Theological Influences in Cahill‘s Work ……...………………….. 2 A. Philosophical Influences …………………………..…………………….…… 3 1. Mary Midgley‘s Influence on Cahill‘s Early Natural Law Scholarship ……………………………………………………………... 4 2. Albert Jonsen‘s and Stephen Toulmin‘s Influence on Cahill‘s Work ... 7 B. Theological Influences ..…………………………………………………….. 12 1. Three Basic Affirmations of Catholic Social Teaching ………..……. 14 2. Cahill and Catholic Social Teaching ………..……………………….. 20 a. Cahill on Sex, Gender, and the Family …………..………….. 20 b. Cahill‘s Bioethics of the Common Good …………..……….. 29 c. Cahill and the Relationship between the Community and the Individual ……………………………………..……………….. 40 II. Cahill and Public Moral Discourse ……………………………………………..…... 43 A. Bioethics and the ―Public Sphere‖ ……………………..…………………… 44 1. The Secularization of Bioethics …………..…………………………. 45 ix 2. The ―Public Sphere‖ as Place ……………………………..………… 49 B. Can (and Should) Theological Voices Participate in Public Moral Discourse? ………..…………………………………………………………………………. 51 1. Cahill‘s Positive Argument for Participation ………..………………. 53 2. Participatory Bioethical Discourse ……………..…………………… 57 C. Cahill‘s Guiding Principles for Public Moral Discourse ……..…………….. 61 1. The Self-Limiting Nature of Contemporary Theological Ethics …..... 61 2. A Conjunctive Stance in Contemporary Catholic Ethics ……..……... 61 3. Natural Law Ethics and Consensus …………………..……………… 68 III. Conclusion to Chapter One …………………………………………..…………….. 71 Chapter Two: Justice in Three Western Philosophical Traditions ……..…..……... 74 I. John Rawls: Justice as Fairness …………..………………………………………..… 76 A. A Theory of Justice ……………..…………………………………...……… 78 B. Political Liberalism ……………..………………………..………………... 81 II. Alasdair MacIntyre: Justice within a Community‘s Moral Tradition ………..…….. 90 A. After Virtue and Whose Justice? ……..………………………………...…… 91 B. MacIntyre‘s Account of the Virtues ……………..………………………… 103 III. Michael Walzer: Complex Equality and Passionate Liberalism ……..…..………. 120 A. Spheres of Justice …………………..…………………………………..…. 121 B. On Toleration