{"title":"Faith, the State, and the Humility of International Law","authors":"M. Janis","doi":"10.2139/SSRN.1101687","DOIUrl":"https://doi.org/10.2139/SSRN.1101687","url":null,"abstract":"Father Robert Drinan, long a leading advocate of human rights, has had a distinguished career serving as a U.S. congressman from Massachusetts, as Dean of the Boston College Law School, and now as Professor of Law at Georgetown University Law Center. Father Drinan's new book, Can God and Caesar Coexist?: Balancing Religious Freedom and International Law, sensitively and persuasively sets out the often tortuous relations among religion (the \"God\" of his title), national governments (\"Caesar\"), and international law (the new and possibly helpful partner in this relationship). My essay employs the facts and arguments in Father Drinan's Can God and Caesar Coexist? as a sounding board for a single, central observation. In the oftentimes dysfunctional family of faith, the state, and international law, it is international law that is very much the weak sister, doomed to play a humble and subservient role vis-A-vis the much more powerful figures of religion and the sovereign state. I think Father Drinan and I agree that it will be extraordinarily difficult for international law, the Cinderella of the tale, to rise up to engage either faith or the state on anything like an even playing field.","PeriodicalId":330578,"journal":{"name":"Journal of Catholic Legal Studies","volume":"61 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2008-03-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121683884","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Not the Bishops' Finest Hour: Economic Justice, with Cerberus Unchained?","authors":"D. L. Gregory","doi":"10.2139/SSRN.1108151","DOIUrl":"https://doi.org/10.2139/SSRN.1108151","url":null,"abstract":"I contend that the U.S. Catholic Bishops Forming Consciences for Faithful Citizenship letter, issued at the end of November, 2007, misses the mark. It is caught up in excessive pragmatism, caution, and prudence, having failed to squarely come to grips with the 2004 reception of the Eucharist by pro-abortion Catholic politicians, most prominently, Presidential Candidate John Kerry. And, as a matter of social justice, the 2007 letter lacks the fervor and the authenticity of the Bishops' 1986 letter, Economic Justice for All.","PeriodicalId":330578,"journal":{"name":"Journal of Catholic Legal Studies","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2008-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132784989","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Catholics in Public Life: Judges, Legislators, and Voters","authors":"S. Kalscheur","doi":"10.2139/SSRN.965600","DOIUrl":"https://doi.org/10.2139/SSRN.965600","url":null,"abstract":"Does the desire to avoid culpable cooperation in moral evil make the conscientious Catholic judge unfit for judicial service in a constitutional system that will inevitably bring before the judge cases that implicate a host of issues as to which the Church offers moral teaching? Confused answers to this question reflect a larger confusion which often accompanies contemporary discussion of questions related to Catholic participation in public life. The confusion stems in large part from a failure to recognize that Catholics participate in public life in different ways that give them different sorts of public roles. This Essay tries to bring clarity to the confusion by focusing attention on one of those public roles, that of the judge. The analytical framework for exploring possible conflicts between the demands of the law and the demands of the judge's conscience is provided by the principle of cooperation with evil. Applying that traditional principle of moral theology, I conclude that there are not likely to be many situations in which a Catholic Supreme Court justice's fidelity to his or her conscience might require the justice to refuse to fulfill their judicial duties in a particular case. Indeed, it is more likely to be trial court judges who will face the most difficult questions of cooperation with moral evil.","PeriodicalId":330578,"journal":{"name":"Journal of Catholic Legal Studies","volume":"428 ","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2007-02-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114058799","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Can a Catholic Lawyer Represent a Minor Seeking a Judicial Bypass for an Abortion? A Moral and Canon Law Analysis","authors":"Larry D. Cunningham","doi":"10.2139/SSRN.711202","DOIUrl":"https://doi.org/10.2139/SSRN.711202","url":null,"abstract":"In some states, a minor cannot obtain an abortion without first notifying and/or obtaining consent from one or both parents. The Supreme Court has required these states to provide a judicial bypass mechanism in which a minor who fears retribution or who is otherwise unable to satisfy the consent/notification statute, can seek permission from a court instead. The question I present is this: Can a Catholic lawyer represent a minor in such a proceeding? I analyze the problem under canon law, catholic theology, and legal ethics. On balance, I conclude that a Catholic lawyer should not undertake the representation of a minor in a judicial bypass proceeding.","PeriodicalId":330578,"journal":{"name":"Journal of Catholic Legal Studies","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2005-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123617272","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Conscience and the Common Good: An Introduction","authors":"Robert K. Vischer","doi":"10.1017/CBO9780511804267.001","DOIUrl":"https://doi.org/10.1017/CBO9780511804267.001","url":null,"abstract":"","PeriodicalId":330578,"journal":{"name":"Journal of Catholic Legal Studies","volume":"292 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116308026","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}