Tuesday, December 15, 2020

Churches of the West: On the morality of the Coronavirus Vaccines.

Churches of the West: On the morality of the Coronavirus Vaccines.: This is something that you have to be pretty attuned, I think, to the Catholic world to pick up on, and to appreciate.  There's been som...

Sunday, November 29, 2020

Lex Anteinternet: More on Societal Scurvy

Lex Anteinternet: More on Societal Scurvy

More on Societal Scurvy

We linked this in earlier this week, but perhaps we should have saved it for today:

Lex Anteinternet: SOCIETAL SCURVY:   SOCIETAL SCURVY

A series of related items appeared in the news today, and we'd pondered linking this in here.

The them of this entry from Catholic Stuff You Should Know has to deal with the impact of Sunday services in unknown and unseen ways.  It's excellently done, and deals with community, or lack of it, in this Pandemic Era.

We run a series here every Sunday, as the few folks who routinely stop in know, called Sunday Morning Scenes. These are, of course, just pictures from our companion blogs in which we've photographed churches, for the most part, although occasionally they include commentary.

There's no doubt that the pandemic has been hard on community, and that very much includes churches.  In my own region the Bishop of Cheyenne has suspended the obligation to attend Mass that Catholics normally have.  That is, church attendance isn't optional for Catholics, normally.  Right now it is here.

For a time the churches opened back up and when they did, I resumed going to Mass.  I missed it in more ways than one and felt an obligation to do so.  Indeed, I also was critical of the Bishops in the US stopping public Masses in general and felt they should not have.

Now, however, that we are in the thick of the pandemic I've not gone the last few weeks.  I may be in a category that's distinctly different from some others around here, but having watched Coronavirus rip through the legal community, killing at least one local lawyer and disabling, at least temporarily, some others, I'm taking this seriously.  Indeed, I'm in the "avoidance" category of people who isn't going to stores, and isn't going to restaurants, and the like right now.  I'm stilling going into my office as I have to, but for the next few weeks I'm riding this out by minimalizing my contact with people as much as I can.

There's no doubt, however, that this has crossed  over to a point that's having a negative personal impact on the psyche of a lot of people.  In today's news there are reports that alcohol and marihuana abuse are at an all time high.  Pornography use is as well. Both of these are addressed in the Societal Scurvy episode mentioned above.  In Japan suicide deaths for last month exceeded the the number of COVID deaths in that country and are back up at rates last scene in 2015, which of course is not all that long ago.

At some point, something has to be done, but what?  Will we break through this and be back out in January?  

On being cautious, while I rarely mention it I had a childhood asthma condition and after having talked to several people who have had it, and survived it, I'm pretty sure that the common views in some quarters that its not as bad as people claim don't hold up, at least for some people.  So, yes, I'm now worried.  Not panicked, but worried.

And I'm worried about society too.  People holed up and not getting out at all, some people naively fleeting to rural areas in the belief that it can't get to them there.  Things are not good right now.

I wonder if people dealt with this better in 1917-18?  I'm not convinced we are dealing with this well right now.  Indeed, in a lot of ways, I think we're less well situated to deal with it now, than we were then.

Wednesday, November 18, 2020

Friday, November 13, 2020

Monday, October 5, 2020

Churches of the West: Comments on Fratelli tutti.

Churches of the West: Comments on Fratelli tutti.:

Comments on Fratelli tutti.

I don't know how many encyclicals on average any one Pope typically issues, and frankly it probably wouldn't be a fair question to start with, given the 2,000 year existence of the office.  It seems like Pope Francis has issued a lot of them, but maybe he hasn't.  At any rate, he just issued a new one, that being Fratelli tutti.
Or is it a new one really?
Well, of course it is. But in some ways, to the extent I've scanned it, it's a summation of his prior views.
Conservative Catholics, by which to at least some extent we mean simply orthodox Catholics, have britled to varying degrees on Pope Francis' writings and indeed on his Papacy.  They have, by and large, gone from cautious, or even not so cautious, optimism to horror or even disdain for a variety of reasons, although not all to the same degree.  Even middle of the road American orthodox Catholics tend to have at least some reservations towards the current Pope, while trying always to keep in mind a Catholic's duty to honor the office and occupant of Peter's chair.  Others, of more radical bent, don't seem to try that.
The first writing that started to get conservatives in at least the United States rolling was the Pope's Laudato si'.  Like a lot of Pope Francis' other writings it was unfortunately muti topic and long.  Doing this tend to cause the documents to take on a certain manifesto quality and it also tends to lead to some confusion.  Laudato si' not only addressed economics, but it also took on the environment and other topics.  In contrast, Pope Leo XVIII's Rerum Novarum, which was short, took on one topic. . . economics.  
I note Rerum Novarum as that May 15, 1891 encyclical took on capitalism and socialism.  People seem to forget that the Papacy has been on record about its concerns on capitalism back that far.  FWIW, Pope Pius VIII issued a writing expressing his concerns all the way back in the early 1840s, prior to Karl Marx writing The Communist Manifesto.
Anyhow, when I read Laudato si' I didn't take it to be terribly radical in that regard, but some people I new surely did and that was when murmurs of "the Pope is a Socialist" began to be heard.
Real concern amped up enormously, and very understandable, with Amoris laetitia, which raised all sorts of questions about at the sacraments and the people in irregular unions. The imprecision of the discussion opened all sort of doors in that area that have been left partially opened and partially shut.  Orthodox Catholics were, in my view, justified in their disconcertion over the document and orthodox Bishops who issued dubias regarding it were acting properly.  The storm started by Amoris laetitia has never abated and it seems clear that Pope Francis doesn't intend to try to quiet it down.  It's issuance began a frightening open rift in the Church between conservatives and liberals that has not only not closed, it continues to open.
Following this the Pope, in 2018, caused a change in the Catechism which brought the death penalty off of the list of things the Church could sanction in terms of criminal penalties.  A singular Catechism is actually something the Church has not had for a long time, actually, and dates back only to St. Pope John Paul the Great.  Prior to that, to discern Catholic doctrine, you have to mine the various Magisterial documents to figure out what the Church's precise position, if it had one, was.
Pope Francis' position on the death penalty didn't strike me as revolutionary as St. Pope John Paul II had almost gone that far himself.  The basic position he held is that he didn't see a situation in which the death penalty could be justified in modern times, not that it wasn't justified at any point in human history.  That doesn't seem really radical but it cemented conservative opposition to the Pople in some quarters with some maintaining that the change is not Magisterial.  I don't have an opinion on this but I was opposed to the death penalty in the first place, so its' not big deal to me.
After that came the Amazonian synod and an encyclical that followed it, much like Amoris laetitia being associated with the Synod on the Family.  Going into that synod there were real fears that Pope Francis was going to open the door to some things, just as there was real fear that he was going to do so with the Family Synod.  In neither case did that prove to be the case.  The fear in the latter examples was that he was going to open the door to married priests, although I frankly think, even though I'm an orthodox Catholic, that this is merited.  We didn't always have unmarried Latin Rite priest and priests in the Eastern Rites are married right now.  Anyhow, that didn't happen.
Goings on at that synod, however, were sufficient to shock even some Catholics who almost never make negative comments about a Pope.  The following document that was issued mostly was met with s shrug by most and has gone on to not really receive much attention.  It seemed to call for close attention to local cultures, but in a very long format.  Most people would support that, but the very long format was problematic for the message.
Now comes Fratelli tutti.
My prediction is that this will not be well received.
For one thing, it's way too overlong and it addresses way too many questions.  There will be debate on the extent to which any of these are regarded as having moral imperative nature to Catholics, which means that many will be regarded as probably not having them.  And, as an encyclical that touches upon a bunch of the prior ones, at least to some extent a person has to ask why this was issued.  Indeed, without taking the point to far, it has a bit of an appearance of being a summary theological testament, which tends to be something that people might issue when they don't expect to issue any more.
Which causes me to pose this hypothetical.  Is Pope Francis preparing to step down?
I seriously wonder.
If not, does he expected to pass on soon?
To take this further, I really think this is a final theological testament from this Pope.  He might issue more writings, but this will be the last significant one.
It'll also be controversial, and as one covering too many topics, I suspect in the future, to at least some extent, it'll be regarded as personal to this People, rather than as a ground breakign document.
In some ways its a long lament and condemnation of the way societies are acting in general.  A lot of hte document deals with human relations and local cultures.  I'm not going to try to go into any of that here, and it seems to me that it explores a topic Pope Francis has already explored.  As has been noted by commentators, it decries globalization and capitalism to a degree, noting in regard to the former:
With the Grand Imam Ahmad Al-Tayyeb, we do not ignore the positive advances made in the areas of science, technology, medicine, industry and welfare, above all in developed countries. Nonetheless, “we wish to emphasize that, together with these historical advances, great and valued as they are, there exists a moral deterioration that influences international action and a weakening of spiritual values and responsibility. This contributes to a general feeling of frustration, isolation and desperation”. We see “outbreaks of tension and a buildup of arms and ammunition in a global context dominated by uncertainty, disillusionment, fear of the future, and controlled by narrow economic interests”. We can also point to “major political crises, situations of injustice and the lack of an equitable distribution of natural resources… In the face of such crises that result in the deaths of millions of children – emaciated from poverty and hunger – there is an unacceptable silence on the international level”.  This panorama, for all its undeniable advances, does not appear to lead to a more humane future.


In today’s world, the sense of belonging to a single human family is fading, and the dream of working together for justice and peace seems an outdated utopia. What reigns instead is a cool, comfortable and globalized indifference, born of deep disillusionment concealed behind a deceptive illusion: thinking that we are all-powerful, while failing to realize that we are all in the same boat. This illusion, unmindful of the great fraternal values, leads to “a sort of cynicism. For that is the temptation we face if we go down the road of disenchantment and disappointment… Isolation and withdrawal into one’s own interests are never the way to restore hope and bring about renewal. Rather, it is closeness; it is the culture of encounter. Isolation, no; closeness, yes. Culture clash, no; culture of encounter, yes”.


In this world that races ahead, yet lacks a shared roadmap, we increasingly sense that “the gap between concern for one’s personal well-being and the prosperity of the larger human family seems to be stretching to the point of complete division between individuals and human community… It is one thing to feel forced to live together, but something entirely different to value the richness and beauty of those seeds of common life that need to be sought out and cultivated”. Technology is constantly advancing, yet “how wonderful it would be if the growth of scientific and technological innovation could come with more equality and social inclusion. How wonderful would it be, even as we discover faraway planets, to rediscover the needs of the brothers and sisters who orbit around us


As an aside, quoting a Grand Imam will not win Pope Francis any fans among those who have noted that Islam continues on it its 1600 year war against Catholics and Orthodox in the Middle East.  More on something related to that in a moment.
On capitalism, it does address the failures of capitalism, which isn't something new for the Popes.  It doesn't really do that in a radical way, however.  It does discuss property in a semi radical way, and its my prediction that, while nothing he says is shocking in this regard, that it will bring a firestorm of criticism from American conservative Catholics. What the documents states in this regard is:
118. The world exists for everyone, because all of us were born with the same dignity. Differences of colour, religion, talent, place of birth or residence, and so many others, cannot be used to justify the privileges of some over the rights of all. As a community, we have an obligation to ensure that every person lives with dignity and has sufficient opportunities for his or her integral development.
119. In the first Christian centuries, a number of thinkers developed a universal vision in their reflections on the common destination of created goods. This led them to realize that if one person lacks what is necessary to live with dignity, it is because another person is detaining it. Saint John Chrysostom summarizes it in this way: “Not to share our wealth with the poor is to rob them and take away their livelihood. The riches we possess are not our own, but theirs as well”. In the words of Saint Gregory the Great, “When we provide the needy with their basic needs, we are giving them what belongs to them, not to us”.
120. Once more, I would like to echo a statement of Saint John Paul II whose forcefulness has perhaps been insufficiently recognized: “God gave the earth to the whole human race for the sustenance of all its members, without excluding or favouring anyone”. For my part, I would observe that “the Christian tradition has never recognized the right to private property as absolute or inviolable, and has stressed the social purpose of all forms of private property”. The principle of the common use of created goods is the “first principle of the whole ethical and social order”;it is a natural and inherent right that takes priority over others. All other rights having to do with the goods necessary for the integral fulfilment of persons, including that of private property or any other type of property, should – in the words of Saint Paul VI – “in no way hinder [this right], but should actively facilitate its implementation”. The right to private property can only be considered a secondary natural right, derived from the principle of the universal destination of created goods. This has concrete consequences that ought to be reflected in the workings of society. Yet it often happens that secondary rights displace primary and overriding rights, in practice making them irrelevant.
121. No one, then, can remain excluded because of his or her place of birth, much less because of privileges enjoyed by others who were born in lands of greater opportunity. The limits and borders of individual states cannot stand in the way of this. As it is unacceptable that some have fewer rights by virtue of being women, it is likewise unacceptable that the mere place of one’s birth or residence should result in his or her possessing fewer opportunities for a developed and dignified life.
122. Development must not aim at the amassing of wealth by a few, but must ensure “human rights – personal and social, economic and political, including the rights of nations and of peoples”. The right of some to free enterprise or market freedom cannot supersede the rights of peoples and the dignity of the poor, or, for that matter, respect for the natural environment, for “if we make something our own, it is only to administer it for the good of all”.
123. Business activity is essentially “a noble vocation, directed to producing wealth and improving our world”. God encourages us to develop the talents he gave us, and he has made our universe one of immense potential. In God’s plan, each individual is called to promote his or her own development, and this includes finding the best economic and technological means of multiplying goods and increasing wealth. Business abilities, which are a gift from God, should always be clearly directed to the development of others and to eliminating poverty, especially through the creation of diversified work opportunities. The right to private property is always accompanied by the primary and prior principle of the subordination of all private property to the universal destination of the earth’s goods, and thus the right of all to their use.
Anything really shocking?
Well, no.  But the statement "that “the Christian tradition has never recognized the right to private property as absolute or inviolable, and has stressed the social purpose of all forms of private property”." has come to be contrary to the right wing American civil religion, and that's going to result in all sorts of criticism.
Going on, in the same section, the document states:
124. Nowadays, a firm belief in the common destination of the earth’s goods requires that this principle also be applied to nations, their territories and their resources. Seen from the standpoint not only of the legitimacy of private property and the rights of its citizens, but also of the first principle of the common destination of goods, we can then say that each country also belongs to the foreigner, inasmuch as a territory’s goods must not be denied to a needy person coming from elsewhere. As the Bishops of the United States have taught, there are fundamental rights that “precede any society because they flow from the dignity granted to each person as created by God”.
125. This presupposes a different way of understanding relations and exchanges between countries. If every human being possesses an inalienable dignity, if all people are my brothers and sisters, and if the world truly belongs to everyone, then it matters little whether my neighbour was born in my country or elsewhere. My own country also shares responsibility for his or her development, although it can fulfil that responsibility in a variety of ways. It can offer a generous welcome to those in urgent need, or work to improve living conditions in their native lands by refusing to exploit those countries or to drain them of natural resources, backing corrupt systems that hinder the dignified development of their peoples. What applies to nations is true also for different regions within each country, since there too great inequalities often exist. At times, the inability to recognize equal human dignity leads the more developed regions in some countries to think that they can jettison the “dead weight” of poorer regions and so increase their level of consumption.
126. We are really speaking about a new network of international relations, since there is no way to resolve the serious problems of our world if we continue to think only in terms of mutual assistance between individuals or small groups. Nor should we forget that “inequity affects not only individuals but entire countries; it compels us to consider an ethics of international relations”. Indeed, justice requires recognizing and respecting not only the rights of individuals, but also social rights and the rights of peoples. This means finding a way to ensure “the fundamental right of peoples to subsistence and progress”, a right which is at times severely restricted by the pressure created by foreign debt. In many instances, debt repayment not only fails to promote development but gravely limits and conditions it. While respecting the principle that all legitimately acquired debt must be repaid, the way in which many poor countries fulfil this obligation should not end up compromising their very existence and growth.


127. Certainly, all this calls for an alternative way of thinking. Without an attempt to enter into that way of thinking, what I am saying here will sound wildly unrealistic. On the other hand, if we accept the great principle that there are rights born of our inalienable human dignity, we can rise to the challenge of envisaging a new humanity. We can aspire to a world that provides land, housing and work for all. This is the true path of peace, not the senseless and myopic strategy of sowing fear and mistrust in the face of outside threats. For a real and lasting peace will only be possible “on the basis of a global ethic of solidarity and cooperation in the service of a future shaped by interdependence and shared responsibility in the whole human family”.
The Pope's comment that "what I am saying here will sound wildly unrealistic" shows that he is cognizant of the criticism he frequently takes.  Really, the comments in this section aren't "wildly unrealistic", but in some quarters they surely will not be well received.
He makes an interesting comment about modern communications, something many have widely observed to be an odd modern problem.
42. Oddly enough, while closed and intolerant attitudes towards others are on the rise, distances are otherwise shrinking or disappearing to the point that the right to privacy scarcely exists. Everything has become a kind of spectacle to be examined and inspected, and people’s lives are now under constant surveillance. Digital communication wants to bring everything out into the open; people’s lives are combed over, laid bare and bandied about, often anonymously. Respect for others disintegrates, and even as we dismiss, ignore or keep others distant, we can shamelessly peer into every detail of their lives.
42. Digital campaigns of hatred and destruction, for their part, are not – as some would have us believe – a positive form of mutual support, but simply an association of individuals united against a perceived common enemy. “Digital media can also expose people to the risk of addiction, isolation and a gradual loss of contact with concrete reality, blocking the development of authentic interpersonal relationships”.  They lack the physical gestures, facial expressions, moments of silence, body language and even the smells, the trembling of hands, the blushes and perspiration that speak to us and are a part of human communication. Digital relationships, which do not demand the slow and gradual cultivation of friendships, stable interaction or the building of a consensus that matures over time, have the appearance of sociability. Yet they do not really build community; instead, they tend to disguise and expand the very individualism that finds expression in xenophobia and in contempt for the vulnerable. Digital connectivity is not enough to build bridges. It is not capable of uniting humanity.
44. Even as individuals maintain their comfortable consumerist isolation, they can choose a form of constant and febrile bonding that encourages remarkable hostility, insults, abuse, defamation and verbal violence destructive of others, and this with a lack of restraint that could not exist in physical contact without tearing us all apart. Social aggression has found unparalleled room for expansion through computers and mobile devices.
45. This has now given free rein to ideologies. Things that until a few years ago could not be said by anyone without risking the loss of universal respect can now be said with impunity, and in the crudest of terms, even by some political figures. Nor should we forget that “there are huge economic interests operating in the digital world, capable of exercising forms of control as subtle as they are invasive, creating mechanisms for the manipulation of consciences and of the democratic process. The way many platforms work often ends up favouring encounter between persons who think alike, shielding them from debate. These closed circuits facilitate the spread of fake news and false information, fomenting prejudice and hate”.
46. We should also recognize that destructive forms of fanaticism are at times found among religious believers, including Christians; they too “can be caught up in networks of verbal violence through the internet and the various forums of digital communication. Even in Catholic media, limits can be overstepped, defamation and slander can become commonplace, and all ethical standards and respect for the good name of others can be abandoned”. How can this contribute to the fraternity that our common Father asks of us?
47. True wisdom demands an encounter with reality. Today, however, everything can be created, disguised and altered. A direct encounter even with the fringes of reality can thus prove intolerable. A mechanism of selection then comes into play, whereby I can immediately separate likes from dislikes, what I consider attractive from what I deem distasteful. In the same way, we can choose the people with whom we wish to share our world. Persons or situations we find unpleasant or disagreeable are simply deleted in today’s virtual networks; a virtual circle is then created, isolating us from the real world in which we are living.
48. The ability to sit down and listen to others, typical of interpersonal encounters, is paradigmatic of the welcoming attitude shown by those who transcend narcissism and accept others, caring for them and welcoming them into their lives. Yet “today’s world is largely a deaf world… At times, the frantic pace of the modern world prevents us from listening attentively to what another person is saying. Halfway through, we interrupt him and want to contradict what he has not even finished saying. We must not lose our ability to listen”. Saint Francis “heard the voice of God, he heard the voice of the poor, he heard the voice of the infirm and he heard the voice of nature. He made of them a way of life. My desire is that the seed that Saint Francis planted may grow in the hearts of many”.
49. As silence and careful listening disappear, replaced by a frenzy of texting, this basic structure of sage human communication is at risk. A new lifestyle is emerging, where we create only what we want and exclude all that we cannot control or know instantly and superficially. This process, by its intrinsic logic, blocks the kind of serene reflection that could lead us to a shared wisdom.


50. Together, we can seek the truth in dialogue, in relaxed conversation or in passionate debate. To do so calls for perseverance; it entails moments of silence and suffering, yet it can patiently embrace the broader experience of individuals and peoples. The flood of information at our fingertips does not make for greater wisdom. Wisdom is not born of quick searches on the internet nor is it a mass of unverified data. That is not the way to mature in the encounter with truth. Conversations revolve only around the latest data; they become merely horizontal and cumulative. We fail to keep our attention focused, to penetrate to the heart of matters, and to recognize what is essential to give meaning to our lives. Freedom thus becomes an illusion that we are peddled, easily confused with the ability to navigate the internet. The process of building fraternity, be it local or universal, can only be undertaken by spirits that are free and open to authentic encounters.
Going on, a section already being misinterpreted is his section on war and the death penalty, which he oddly links.  That section starts off:
255. There are two extreme situations that may come to be seen as solutions in especially dramatic circumstances, without realizing that they are false answers that do not resolve the problems they are meant to solve and ultimately do no more than introduce new elements of destruction in the fabric of national and global society. These are war and the death penalty.
Most people aren't keen on war.  The Pope comments on it, as numerous Popes have before.  This is already, in my view, being misinterpreted.  In that section he states:
256. “Deceit is in the mind of those who plan evil, but those who counsel peace have joy” (Prov 12:20). Yet there are those who seek solutions in war, frequently fueled by a breakdown in relations, hegemonic ambitions, abuses of power, fear of others and a tendency to see diversity as an obstacle. War is not a ghost from the past but a constant threat. Our world is encountering growing difficulties on the slow path to peace upon which it had embarked and which had already begun to bear good fruit.
257. Since conditions that favour the outbreak of wars are once again increasing, I can only reiterate that “war is the negation of all rights and a dramatic assault on the environment. If we want true integral human development for all, we must work tirelessly to avoid war between nations and peoples. To this end, there is a need to ensure the uncontested rule of law and tireless recourse to negotiation, mediation and arbitration, as proposed by the Charter of the United Nations, which constitutes truly a fundamental juridical norm”.The seventy-five years since the establishment of the United Nations and the experience of the first twenty years of this millennium have shown that the full application of international norms proves truly effective, and that failure to comply with them is detrimental. The Charter of the United Nations, when observed and applied with transparency and sincerity, is an obligatory reference point of justice and a channel of peace. Here there can be no room for disguising false intentions or placing the partisan interests of one country or group above the global common good. If rules are considered simply as means to be used whenever it proves advantageous, and to be ignored when it is not, uncontrollable forces are unleashed that cause grave harm to societies, to the poor and vulnerable, to fraternal relations, to the environment and to cultural treasures, with irretrievable losses for the global community.
258. War can easily be chosen by invoking all sorts of allegedly humanitarian, defensive or precautionary excuses, and even resorting to the manipulation of information. In recent decades, every single war has been ostensibly “justified”. The Catechism of the Catholic Church speaks of the possibility of legitimate defence by means of military force, which involves demonstrating that certain “rigorous conditions of moral legitimacy” have been met. Yet it is easy to fall into an overly broad interpretation of this potential right. In this way, some would also wrongly justify even “preventive” attacks or acts of war that can hardly avoid entailing “evils and disorders graver than the evil to be eliminated”. At issue is whether the development of nuclear, chemical and biological weapons, and the enormous and growing possibilities offered by new technologies, have granted war an uncontrollable destructive power over great numbers of innocent civilians. The truth is that “never has humanity had such power over itself, yet nothing ensures that it will be used wisely”.We can no longer think of war as a solution, because its risks will probably always be greater than its supposed benefits. In view of this, it is very difficult nowadays to invoke the rational criteria elaborated in earlier centuries to speak of the possibility of a “just war”. Never again war!
259. It should be added that, with increased globalization, what might appear as an immediate or practical solution for one part of the world initiates a chain of violent and often latent effects that end up harming the entire planet and opening the way to new and worse wars in the future. In today’s world, there are no longer just isolated outbreaks of war in one country or another; instead, we are experiencing a “world war fought piecemeal”, since the destinies of countries are so closely interconnected on the global scene.
260. In the words of Saint John XXIII, “it no longer makes sense to maintain that war is a fit instrument with which to repair the violation of justice”.  In making this point amid great international tension, he voiced the growing desire for peace emerging in the Cold War period. He supported the conviction that the arguments for peace are stronger than any calculation of particular interests and confidence in the use of weaponry. The opportunities offered by the end of the Cold War were not, however, adequately seized due to a lack of a vision for the future and a shared consciousness of our common destiny. Instead, it proved easier to pursue partisan interests without upholding the universal common good. The dread spectre of war thus began to gain new ground.
261. Every war leaves our world worse than it was before. War is a failure of politics and of humanity, a shameful capitulation, a stinging defeat before the forces of evil. Let us not remain mired in theoretical discussions, but touch the wounded flesh of the victims. Let us look once more at all those civilians whose killing was considered “collateral damage”. Let us ask the victims themselves. Let us think of the refugees and displaced, those who suffered the effects of atomic radiation or chemical attacks, the mothers who lost their children, and the boys and girls maimed or deprived of their childhood. Let us hear the true stories of these victims of violence, look at reality through their eyes, and listen with an open heart to the stories they tell. In this way, we will be able to grasp the abyss of evil at the heart of war. Nor will it trouble us to be deemed naive for choosing peace.
262. Rules by themselves will not suffice if we continue to think that the solution to current problems is deterrence through fear or the threat of nuclear, chemical or biological weapons. Indeed, “if we take into consideration the principal threats to peace and security with their many dimensions in this multipolar world of the twenty-first century as, for example, terrorism, asymmetrical conflicts, cybersecurity, environmental problems, poverty, not a few doubts arise regarding the inadequacy of nuclear deterrence as an effective response to such challenges. These concerns are even greater when we consider the catastrophic humanitarian and environmental consequences that would follow from any use of nuclear weapons, with devastating, indiscriminate and uncontainable effects, over time and space… We need also to ask ourselves how sustainable is a stability based on fear, when it actually increases fear and undermines relationships of trust between peoples. International peace and stability cannot be based on a false sense of security, on the threat of mutual destruction or total annihilation, or on simply maintaining a balance of power… In this context, the ultimate goal of the total elimination of nuclear weapons becomes both a challenge and a moral and humanitarian imperative… Growing interdependence and globalization mean that any response to the threat of nuclear weapons should be collective and concerted, based on mutual trust. This trust can be built only through dialogue that is truly directed to the common good and not to the protection of veiled or particular interests”. With the money spent on weapons and other military expenditures, let us establish a global fund that can finally put an end to hunger and favour development in the most impoverished countries, so that their citizens will not resort to violent or illusory solutions, or have to leave their countries in order to seek a more dignified life.
I've seen commentary already that the Pope has abrogated the "Catholic doctrine of just war".  That doesn't appear to be the case to me, and it wasn't a "Catholic doctrine" to start with.  Rather, it's a very well respected Theological view. 
Going on, this statement is being noted:


In view of this, it is very difficult nowadays to invoke the rational criteria elaborated in earlier centuries to speak of the possibility of a “just war”. Never again war!
Statements like "Never again war" must read better in other languages than in English, or at least in the Romance languages, as in English this is ineffectual and seems oddly stated.  That aside, we'll have to wait for clarification on this, but frankly the rational criteria for just war is just as possible to imagine as it ever was when we're considering defensive war.
Indeed, in my view, this statement suffers from the modern assumption that war now is more horrific than ever before, when in fact war is getting less lethal, at least when conducted between modern nations.  Moreover, we live in the most peaceful era in human history.  If just wars of some sort were justified mid 20th Century, when war was at its destructive apex, they certainly must be now, when they are at their destructive basement, and going lower.  And the reference, as is so often made, to chemical, biological and nuclear war imagines a world that really pinacled in the 1960s.  Modern armies may have these weapons, but they don't use them as there's no point.  We oddly live in an era when technology has rendered our most destructive weapons obsolete by their precision, and accordingly their reduced lethality.
Offensive war is something that the Popes have decried for a long time.  I can't say that its been completely ruled out due to nuances in what constitutes an offensive war, but it seems clear that by and large this isn't really much of a change.  The Pope isn't endorsing, it seems to me, pacifism, but rather resort to war to settle international disputes.  If I'm correct, this isn't a change.  In other words, if Poland is invaded by Russia, Poland, a Catholic country, is still entitled to resist, it seems to me.
I really question, however, whether Pope Francis should have gone into this at all.  While wars are increasingly rare, in recent years where they have existed they've often pitted Islam in aggressive violence against Christians in general and the Catholic and Orthodox in particular.  It's easy to be against war of any kind for Europeans or those living in the New World.  It might not be if you are facing the Islamic State on the Lavant.
I also don't' think the new writing changes Catholic doctrine on the death penalty, as some seem to be stating, where it states: 


263. There is yet another way to eliminate others, one aimed not at countries but at individuals. It is the death penalty. Saint John Paul II stated clearly and firmly that the death penalty is inadequate from a moral standpoint and no longer necessary from that of penal justice. There can be no stepping back from this position. Today we state clearly that “the death penalty is inadmissible” and the Church is firmly committed to calling for its abolition worldwide.
264. In the New Testament, while individuals are asked not to take justice into their own hands (cf. Rom 12:17.19), there is also a recognition of the need for authorities to impose penalties on evildoers (cf. Rom 13:4; 1 Pet 2:14). Indeed, “civic life, structured around an organized community, needs rules of coexistence, the wilful violation of which demands appropriate redress”.[249] This means that legitimate public authority can and must “inflict punishments according to the seriousness of the crimes” and that judicial power be guaranteed a “necessary independence in the realm of law”. 
265. From the earliest centuries of the Church, some were clearly opposed to capital punishment. Lactantius, for example, held that “there ought to be no exception at all; that it is always unlawful to put a man to death”. Pope Nicholas I urged that efforts be made “to free from the punishment of death not only each of the innocent, but all the guilty as well”.During the trial of the murderers of two priests, Saint Augustine asked the judge not to take the life of the assassins with this argument: “We do not object to your depriving these wicked men of the freedom to commit further crimes. Our desire is rather that justice be satisfied without the taking of their lives or the maiming of their bodies in any part. And, at the same time, that by the coercive measures provided by the law, they be turned from their irrational fury to the calmness of men of sound mind, and from their evil deeds to some useful employment. This too is considered a condemnation, but who does not see that, when savage violence is restrained and remedies meant to produce repentance are provided, it should be considered a benefit rather than a mere punitive measure… Do not let the atrocity of their sins feed a desire for vengeance, but desire instead to heal the wounds which those deeds have inflicted on their souls”.
266. Fear and resentment can easily lead to viewing punishment in a vindictive and even cruel way, rather than as part of a process of healing and reintegration into society. Nowadays, “in some political sectors and certain media, public and private violence and revenge are incited, not only against those responsible for committing crimes, but also against those suspected, whether proven or not, of breaking the law… There is at times a tendency to deliberately fabricate enemies: stereotyped figures who represent all the characteristics that society perceives or interprets as threatening. The mechanisms that form these images are the same that allowed the spread of racist ideas in their time”.[This has made all the more dangerous the growing practice in some countries of resorting to preventive custody, imprisonment without trial and especially the death penalty.
267. Here I would stress that “it is impossible to imagine that states today have no other means than capital punishment to protect the lives of other people from the unjust aggressor”. Particularly serious in this regard are so-called extrajudicial or extralegal executions, which are “homicides deliberately committed by certain states and by their agents, often passed off as clashes with criminals or presented as the unintended consequences of the reasonable, necessary and proportionate use of force in applying the law”.
268. “The arguments against the death penalty are numerous and well-known. The Church has rightly called attention to several of these, such as the possibility of judicial error and the use made of such punishment by totalitarian and dictatorial regimes as a means of suppressing political dissidence or persecuting religious and cultural minorities, all victims whom the legislation of those regimes consider ‘delinquents’. All Christians and people of good will are today called to work not only for the abolition of the death penalty, legal or illegal, in all its forms, but also to work for the improvement of prison conditions, out of respect for the human dignity of persons deprived of their freedom. I would link this to life imprisonment… A life sentence is a secret death penalty”.
269. Let us keep in mind that “not even a murderer loses his personal dignity, and God himself pledges to guarantee this”. The firm rejection of the death penalty shows to what extent it is possible to recognize the inalienable dignity of every human being and to accept that he or she has a place in this universe. If I do not deny that dignity to the worst of criminals, I will not deny it to anyone. I will give everyone the possibility of sharing this planet with me, despite all our differences.


270. I ask Christians who remain hesitant on this point, and those tempted to yield to violence in any form, to keep in mind the words of the book of Isaiah: “They shall beat their swords into plowshares” (2:4). For us, this prophecy took flesh in Christ Jesus who, seeing a disciple tempted to violence, said firmly: “Put your sword back into its place; for all who take the sword will perish by the sword” (Mt 26:52). These words echoed the ancient warning: “I will require a reckoning for human life. Whoever sheds the blood of a man, by man shall his blood be shed” (Gen 9:5-6). Jesus’ reaction, which sprang from his heart, bridges the gap of the centuries and reaches the present as an enduring appeal.
The Church already was taking the point that it was hard to find an area, in modern times, when the death penalty was morally justified.
The encyclical touches on much more than this, indeed on darned near everything, but will it hit the mark?  I doubt it.
By this point I think that conservative Catholics in many places are pretty much ignoring the Pope directly and are more likely to listen to Catholic pundits who share their own views or who ratify their own suspicions. And part of that is due to Pope Francis' failure to address their concerns.  In parishes where the seminary failures of the 50s, 60s and 70s produced unorthodox clergy and, worse yet, priests with disordered inclinations who preyed on some parishioners, that failure looms larger.  With a young Church that's much more orthodox than the Church of their parents, older Boomer clergy that keeps on keeping on is something that draws more attention.  Wars and economics are real problems, to be sure, but so is the legacy of the Boomer influx.  Actions speak the loudest of all and action seems to have been lacking that can be appreciated.  Dealing with the spectre of war, which doesn't touch most Catholics today, is one thing, but dealing with a rebellious German church, which touches all Catholics to some degree, is another matter.

Sunday, September 27, 2020

Lex Anteinternet: Confessional Supreme Court Firsts

Lex Anteinternet: Confessional Supreme Court Firsts:

Confessional Supreme Court Firsts

For most of its history, the majority of the Supreme Court has been made up, predictably, of the founding demographic of the country and reflected that.  Most Supreme Court Justices have been Protestant and the most frequently represented Protestant denomination has been the Episcopal Church.  Today, however, only one member of the court is Episcopalian and one member, Justice Thomas, is a former Episcopalian.  Indeed, oddly, Justice Gorsuch was raised a Catholic and became an Episcopalian and Justice Thomas was raised Catholic, became an Episcopalian and then reverted to his Catholicism.  There is, in fact, some speculation that Gorsuch may in fact regard himself as a Catholic, which some highly traditional Episcopalians do.

No other Protestant denominations are represented on the Court today at all.

The majority of those on the bench today are Catholics or a near majority, depending upon the degree of affiliation with the Church they actually have. Some are known to be quite observant, such as Justice Thomas.  Others, like Justice Sotomayor, appear to be nominal Catholics.

The first Catholic justice was Roger B. Taney, who was appointed in 1837 at a time with anti Catholicism was rampant in the country, making his appointment accordingly quite surprising.  That he was Chief Justice is all the more surprising.  His wife was an Episcopalian and his children raised in that faith, making him, at least to that extent, a non observant Catholic to some degree.

Fifteen member of the court have been Protestants without declared confessions.

Louis Brandeis was the first Supreme Court Justice who was Jewish.  He was appointed to the bench in 1916. Interestingly, however, Judah P. Benjamin would have had that honor in 1853 but declined it.  He want on to be the Secretary of State for the Confederacy, a much less honorable role.  There have been a total of eight Jewish justices to date.

The religious makeup of the Court is a significant matter as the Court tends to be weighted heavily towards intellectuals who are often deeply informed by their faiths.  The significant number of Catholic members and Jewish members in recent years says something about the demographics of the Court and it reflects back on the world view, albeit not perfectly, of those on the bench.  It tends to also show the degree to which the law reflects itself as a profession toward enduringly immigrant populations.  Law is often imagined as a career of the wealthy, but in reality it tends to be a profession of minorities, who always have need of it.