Showing posts with label law. Show all posts
Showing posts with label law. Show all posts

Sunday, February 27, 2011

Cum Grano Salis

The other day Father Robert Barron (Word on Fire) came out with a video about using figures from pop culture in the work of evangelization. To my mind, it seemed more like he was still smarting from a scolding he mentioned that his mother had given him the previous Sunday at brunch for quoting some rowdy rock guitarist in his homily. His plea in favor of quoting populare names reminded me of a serious discussion of some point made by Bultmann that I read recently in a von Balthasar book. I had remembered all those theology lessons in seminary discounting Bultmann, to the point that I couldn't understand as a student why any self-respecting Catholic would read him. With the point made by von Balthasar I finally understood that the man had had at least one thing to say that was worthy of attention. Bultmann was never pop culture but he was an authority at least in some theological circles that could focus the analysis of a common issue. Popular names can be a meeting point for seeking truth, even if they are not orthodox or properly approved authors of decent character.

I also have watched two of Michael Voris' videos on location this week in the Philippines, in both of them with his hair combed forward right over his eyes (he should stick to audio and radio!). Michael is "no quarter to the enemy" and "approved authors" or none at all. Regardless of their common Catholicism, I suspect they would need a mediator for any sort of effort between them. Father Barron's mother would probably have advice on how Michael should cut his hair and no doubt she'd also demand some manners of him when speaking about his Protestant neighbors, regardless of their heresies. Just as it is for her son, Fr. Robert, so also for our man, Michael, he says nothing wrong but at least in Michael's case, it'd be awkward to invite him to a neighborhood barbecue.  

I'm thinking today not so much of either man's message, but of the dynamics of similar situations and as they play out in two recent events: in all of the controversy over Dr. Peters' canonical analysis of the matter of refusing Holy Communion to the younger Cuomo politician (pro-abortion and flaunting his cohabitation) and the recent Sunday demonstration in front of the Chicago Cathedral of the GLBT "outrage" generally in the world over our holding and teaching our Catholic Faith in support of marriage as it is in natural law and as it forms the cornerstone of society always and everywhere. Why are people, who should be capable of orderly thought, uncomfortable with Dr. Peters' analysis? Why do people hesitate to state clearly that the social disestablishment of marriage and family is not an option: one man, one woman united in an unbreakable and exclusive bond of life and love, which is open to children and for their benefit? Marriage is what it is and society has no reason to want to regulate any other kind of relationship as no other can bring forth children; no other is better suited to raise happy and well-adjusted children.

Why are people apologetic or embarassed over things that are simply so: in one case, the law; in the other case, the truth about the world? 

No one who enters politics thinks of avoiding intense, yes exaggerated, public scrutiny. It would seem that contrast between Church and those who walk the corridors of power has always been part of the game. Some of our Catholic martyrs in Europe won their colors conscientiously opposing Catholic monarchs. I'm not wishing Dr. Peters the crown of martyrdom, but I'm exhorting all those out their who are less grounded in their faith than Fr. Barron's mother to take a cue from history and show less sympathy for those who play Catholic on their own terms. The Church and our children deserve a better example of what the Second Vatican Council taught about the role of the laity in the public square. I cannot set my own terms or conditions for being Catholic or demand that the Church support me in open misbehavior or contempt for its laws.

In defence of marriage, let me drop another name and quote a reprint from the Harvard Journal of Law & Public Policy. I received it as a gift and a precious one it is. It is entitled "What is Marriage?" and co-authord by Sherif Girgis, Rober P. George & Ryan T. Anderson (Volume 34, Number 1, Winter 2011). The article is 43 pages long and very understandable. Here is the conclusion:

"Marriage understood as the conjugal union of husband and wife really serves the good of children, the good of spouses, and the common good of society. And when the arguments against this view fail, the arguments for it succeed, and the argument against the alternative are decisive, we take this as evidence that it serves the common good. For reason is not just a debater's tool for idly refracting arguments into premises, but a lens for bringing into focus the features of human flourishing."

In the 2nd Reading for this Sunday, St. Paul speaks with indifference about the judgment of earthly tribunals and exhorts one and all to faithfulness as Christ's stewards. Before the judgment seat of God it will no doubt be less important whether we stepped on anyone's toes (courage, Michael!) and important to explain ourselves in terms of what we have done or failed to do in defense of the truth which comes from God about life, love and ultimate happiness.

properantes adventum diei Dei

Sunday, November 28, 2010

Beginning a New Church Year


Governance Skills?
          Would you believe that the First Sunday of Advent has brought me (among other things) to reaffirm in my own life one of those common sense pieces of wisdom that just about everyone seems to know? Not that I didn’t know this before, but I guess I am appropriating it to myself in a new and different way, as never before.
The basic issue could be treated as theological; it certainly has something to do with canon law. It is the question of the importance of “governance skills” especially as a prerequisite for those to be entrusted with the office of bishop in the Church. My new insight, on this 28 November 2010, has to do with the superiority of law to governance skills. The governance of a small group, as an association of like-minded people in the private sphere, as if the Church were a club of hobbyists, does not fit the Catholic Church; it is not and cannot be the Catholic Church. We as Church are by nature expansive; we are and must be public; we are governed not only by by-laws but (and not only in the moral sphere) reflect eternal verities, which should have been clear to Adam and Eve in the Garden, but will certainly be clear when all, from least to greatest, stand before the Judgment Seat of God. Law, social order and commonly held values cannot be dispensed with for “multi-“ anything; it is not so much that I choose my destiny this side of the grave, but our world has an ultimate destiny as willed by the God Who made us for happiness forever with Him in heaven.
          Multiculturalism, as a strategic refusal to bend to this truth, if it is not already totally discredited and branded (obs.) in all dictionaries then it should be yet in my lifetime. This silly notion will certainly merit no more attention in history books than does the politically correct, non-judgmental German term Völkerwanderung, as opposed to the Latin and English notion of barbarian invasion, which renders better the devastating effect these movements of peoples had on the Roman world and civilization as it was known up until that time.
The fact that there is such a thing as the truth which is objective absolutizes truth and makes it what only truth can be. Truth as true takes things out of the dominion of my persuasive skills. Objectivity as idea places truth under the protection of the law and takes law out of the realm of social compromise; law is exalted in its possibilities to more than the least common denominator or other such folly, which can do little more than keep cattle, sheep and little children from sauntering onto busy super highways.
          This “appropriation” of something familiar but in a new and different way started this morning as I read for maybe the 36th time in my life the passage assigned as the 2nd Reading for the Office of Readings for the First Sunday in Advent, from St Cyril of Jerusalem, entitled “The twofold coming of Christ”:
“We do not preach only one coming of Christ, but a second as well, much more glorious than the first. The first coming was marked by patience; the second will bring the crown of a divine kingdom…
  At the first coming he was wrapped in swaddling clothes in a manger. At his second coming he will be clothed in light as in a garment. In the first coming he endured the cross, despising the shame; in the second coming he will be in glory, escorted by an army of angels…
  The Saviour will not come to be judged again, but to judge those by whom he was judged. At his own judgement he was silent; then he will address those who committed the outrages against him when they crucified him and will remind them: You did these things, and I was silent.
  His first coming was to fulfil his plan of love, to teach men by gentle persuasion. This time, whether men like it or not, they will be subjects of his kingdom by necessity.”

What struck me as new, at least for me this year, was Cyril’s point in expressing the distinction between the two comings: the first as he says being aimed at teaching by gentle persuasion and the second at establishing Christ’s kingdom by necessity. I remember our canon law professor’s lecture in the basic seminary course on the law talking about the authority of Church law being rooted not in its power to punish but in its basic merit, reasonableness or (to borrow from St. Cyril) its persuasiveness. Later, doing the license courses and seeing the 1983 Code just as it came out with even less possibility of punishing the disobedient than the 1917 Code had had, the point was again made about the authority of the law stemming not from its coercive force but from its reasonableness and sublime purpose. Once again the professor’s argument in favor of a law without a penal code failed to convince me in my youth and zeal of its adequacy for the task of defending the truth and keeping order within the body Catholic. Although I certainly would not have welcomed a return to a situation where the recalcitrant were turned over to the secular arm of the law for the added “persuasion” that corporal punishment could provide, I guess I was skeptical about the truthfulness or rightness of an argument winning the day. The sublimity and rightness of a law did not seem to be enough to command respect or obedience. No doubt my thought, not much different from the reasoning of a righteous teenager, might have been summed up in the maxim: “Fear, once burnt twice shy, is also common wisdom”.
Perhaps I, like so many, have simply turned my back on the law as the primary servant of the truth. From then until today, consciously or unconsciously, I’ve always sort of despaired of the efficacy of the law and hoped for the best from people’s good will and believed that without the “courageous standard bearer” to rally the troops, all is lost. Needless to say, the bishop or parish priest who refuses to take a stance, who gives no directives at all, cannot be: those without principle and the courage to assert and stand up for their beliefs need not apply for positions in the hierarchy. Shepherds must shepherd. But shepherding is not a free creation; it has a physionomy; it is governed by principles.
My point is that, for leadership and Church order in the service of truth as something real, charisma (a persuasive or convincing aura) is not enough. Here and everywhere society, now and always, civilization and Church flourish on the basis of law. Old Testament or New, it is the Law which provides the sheltering Temple near to the altar of the Lord of Hosts, where even the sparrow and the swallow find a home.
In this sense, not only St. Cyril but also the 1st Reading from the First Sunday of Advent – Year A (Isaiah 2:1-5) started me off on what was a new and different meditation for me starting my Church Year:
“The vision of Isaiah son of Amoz, concerning Judah and Jerusalem.
In the days to come
the mountain of the Temple of the Lord
shall tower above the mountains
and be lifted higher than the hills.
All the nations will stream to it,
peoples without number will come to it; and they will say:
  ‘Come, let us go up to the mountain of the Lord,
  to the Temple of the God of Jacob
  that he may teach us his ways
  so that we may walk in his paths;
  since the Law will go out from Zion,
  and the oracle of the Lord from Jerusalem.’
He will wield authority over the nations
and adjudicate between many peoples;
these will hammer their swords into ploughshares,
their spears into sickles.
Nation will not lift sword against nation,
there will be no more training for war.
O House of Jacob, come,
let us walk in the light of the Lord.”

          When Isaiah prophesied that the Law would go out from Zion and that the Lord would wield authority over the nations and adjudicate between many peoples he was promising something right, true and good. Peace is the fruit of the rule of God’s Law, of the Law as Truth. In the Coming of Christ Isaiah’s hope was fulfilled as promise. In freedom, we can choose to place ourselves under His Kingship; there are no other options or choices out there in some imagined supermarket of ideas. Ultimately, it is Christ Who will be all in all; it is Christ Who will come on the clouds of heaven. St. Francis Xavier, the great patron saint of the missions, understood the urgency of the task and would have done his best to coerce all those university students he had known in Europe to put themselves to the task of proclaiming this Law of Love. While not condemning others who do not see it as we do, we certainly cannot be complacent about their ignorance of Christ or fail to do our best to preserve those we know and love from having to live the utter chaos of a society from which the Gospel has been excluded or reduced to something it is not, something less than truly good news.
Thinking of past precedents and of how bad things got after the fall of the Roman Empire where reasoned discourse no longer seemed to have its place and St. Benedict, the Father of Western Monasticism and one of the Patrons of Europe, withdrew from regular social intercourse and founded bastions of work and prayer (Ora et Labora), I guess I’m hoping we’re not yet that far gone. I’m hoping that the prayer on the street in front of abortion mills, that the Vespers and Holy Hour before the Blessed Sacrament in favor of life by the Holy Father in St. Peters will have a transformative power on life. I would hope that a genuine monastic renewal would be one of the factors, but that perhaps despite tragedies like Louvain which no longer wishes to be Catholic, there might be yet Catholic Universities where the truth is served and people still think the great thoughts.
Not wanting to give up hope in the viability of the diocesan structure and presbyterates as colleges surrounding their bishop with counsel and support, I think that it would be good if, as happened early in the 20th Century and even earlier in modern times, bishops and clergy would organize law-based synods both on the diocesan and provincial levels, which would publish and seek to implement a precis of the law already on the books aimed at countering for our day and time those errors and challenges which are most acute.
In 2008, I expressed the hope that other bishops would follow the example of the Bishop of Tulsa, Oklahoma and give ad Orientem worship a try, as well as inviting priests to adhere to the rubrics for the celebration of Holy Mass as they presently exist on the books. A precis of rubrics, guidelines for sacred music and the like, elaborated for a specific diocese in the context of a diocesan synod, while at the same time touching on the full spectrum of topics which embrace Catholic life as lived today (laws of fast and abstinence, sanctification of Sundays and Holy Days of Obligation, education of children in the faith, marriage law, etc.) would be closer to my wish or hope now two years later.
Be it far from me to want to dot the Holy Father’s i’s or cross his t’s, but good example and ordered discourse are the provenance of theologians. As a canonist, I wish to do my part not only for the reform of the liturgical reform but for the sake of the truth. Pope Benedict XVI eloquently appeals to men and women of good will and not only in Europe for a return really to civilization. My point is that he’s doing the part which Pope St. Leo the Great did to save Rome and the Western Empire or at least to slow their demise. I think the barbarians are once again at the door. They may not be on horseback, but it’s getting dangerous just the same for a good christian man or woman to be out and about. Reasoned discourse certainly flourishes under the aegis of law. Let the multi- be banished and the truth reign supreme this Advent!
 All the nations will stream to it,
peoples without number will come to it; and they will say:
  ‘Come, let us go up to the mountain of the Lord,
  to the Temple of the God of Jacob
  that he may teach us his ways
  so that we may walk in his paths;
  since the Law will go out from Zion,
  and the oracle of the Lord from Jerusalem.’
He will wield authority over the nations
and adjudicate between many peoples;
these will hammer their swords into ploughshares,
their spears into sickles.”

Isaiah is the inspired word of God for then and now.

Sunday, October 26, 2008

The Law of Love


A Meditation on the 30th Sunday in Ordinary Time
26 October 2008, Port of Spain

“On these two commandments hang the whole Law, and the Prophets also” (Matt. 22:40).

The primacy of Love of God and Love of Neighbor in the Christian life and the victories won in this regard in the lives of countless saints and very ordinary Christians are a source of pride and encouragement for us as we look out upon the world. Nobody does it better than a faithful servant of Jesus Christ. These heights never cease to challenge and humble us as we strive to live up to this standard in our daily lives. Love is indeed everything; as the story goes, the elderly St. John the Evangelist never ceased speaking about the commandment to love and urging his followers to fulfill it in a perfect way; it was everything for him in his old age. Nothing could be righter when dealing with others on a personal or interpersonal basis.

A whole series of recent events experienced and anecdotes shared, however, lead me to pose a question regarding the duties of leadership above and beyond love. I’ll frame my question to deal with only one issue today, but it certainly has, to my mind, wider-ranging ramifications. Granted that integral or authentic leadership is 90% good example; if I love with all my heart, soul, mind and strength God and love my neighbor as myself, I truly am a beacon not only for some others but for everyone. Nonetheless, as the pilgrim people wanders about there comes a time when tent pegs have to be set for those some others, be they the Church Universal, my diocese, my parish or my worshipping community. Law and order have their place and must have even within the community of believers.

My question: Doesn’t authority and law have its part to play in assuring love’s triumph? (As a convinced canonist, I must answer this question in the affirmative) Taking this matter a step further, in matters of choice where there may be several good options, am I allowed to make public choices where my opting for the better implies commitments which condition the choices of those around me (given my leadership role or the office/authority entrusted to me) and in the case of brick and mortar decisions, by what right can I also condition the choices of those who will come after me by modifying a building?

My issue today is that of the organization of worship and worship space. It has become an issue for me as I look to the good example set by our Holy Father Pope Benedict XVI and ask myself about my options for following him. Am I free to start celebrating Mass ad orientem just like that? Can I also make some small but permanent changes in the chapel to enhance the experience and in a sense commit the space for the future to worshipping in this way which the Holy Father and I following his lead find better?

Why has this matter come up in my life with such insistence just now? The discussion is not new. Perhaps because of the stir caused by the reporting on some thoughts shared by Pope Benedict in his forward to the first volume of the German edition of his assembled works by Vatican Radio and translated into English by ZENIT. Let me quote the Holy Father as he is quoted the other day in ZENIT:

"The concept by which the priest and the assembly should look one another in the eye during prayer has been developed only in modern times and is totally foreign to ancient Christianity," the Pontiff wrote. "The priest and the assembly didn't pray facing each other, but directed toward the one Lord.
"Because of this, during prayer, they look in the same direction: Either toward the east, a cosmic symbol of the Lord who is to come, or, where this was not possible, toward an image of Christ in the apse, toward a cross, or simply all together toward the heights, as the Lord did during his priestly prayer the night before his passion."

One commentator on the Pope’s words invites his readers to follow the Holy Father’s good example and underlines what he means by publishing in his article pictures of the Pope celebrating ad orientem in two different configurations: one, as in St. Peter’s Basilica in Rome with himself on one side of the altar and the people on all sides looking with him to the Crucifix which is front and center on the altar of St. Peter’s Confession; the other, a picture from the Sistine Chapel at last year’s feast of the Baptism of the Lord, where the whole chapel with the Holy Father lift their eyes to the Crucifix and the wall fresco behind it of Michelangelo’s Final Judgment.

Parish priests generally in these days of priest shortage are alone in the parish. If the building was built after the Council or was extensively renovated, the lonely parish priest can easily take the first option with a prominent Cross and an arrangement of 6 candles straight across the front of the altar. Even the second option is possible if there is enough of a platform on the people side or if the altar of celebration is still temporary and can be moved away to enable celebration on the old high altar.

What do you do when more is required? And what do you do when there are other priests who share your life and don’t necessarily appreciate what you consider to be the better choice? In a parish setting, what happens when you’ve finished your catechesis and the folks in the pews object to your choice of the “better” for them? The primacy of love would certainly urge us not to provoke the situation, since we are not dealing with a clear case of right and wrong, good or bad. But don’t we have to strive to bring out the better or the best from the storehouse as good stewards?

What does it mean when we say that the Holy Father presides over the community of charity? Who has to “set the tent peg” when it comes to worship? I’m not saying that for peace and good order the supreme lawgiver must act today. Maybe wisdom and love demand time to build a consensus. At some point however rubrics must prevail. The Pillar of Cloud led Israel to the Promised Land under the leadership of Moses and Aaron. Setting up camp, breaking camp and the movements of God’s Chosen People in the desert were ordered by God and Moses called the shots. Lesser judges helped keep the peace among the people. Maybe Moses’ father-in-law Jethro would advise that this is a clear case for subsidiarity. Part of liturgical renewal in our day would seem to be ruling out the ambiguity of the past few decades and coming to grips with the true nature of divine worship as it was and should be everywhere and always. Good example, certainly, but above all good order!