Catholic Social Teaching And the Legal Profession In today’s presentation, I would like to reflect with you about an important aspect of Spring Hill’s identity as a Jesuit, Catholic college. I am sure that you are well aware of the importance of institutional clarity about values and identity, not only as a marketing tool, but much more importantly, as an organizing vision, and image of the future toward which we progress together. My thesis is that Catholic Social Teaching, especially the Jesuit mission of the service of faith and the promotion of Justice, is key to the Jesuit and Catholic identity of Jesuit colleges and universities. Edward B. Arroyo, SJ, Editor, Blueprint for Social Justice Twomey Center for Peace Through Justice Loyola University New Orleans 6363 St. Charles Ave, New Orleans, LA 70118 504-861-5736; arroyo@loyno.edu

Catholic Social Thought: Some Foundational Issues

Catholic Social Thought (CST): texts in contexts Why What Who How Where When

CST: Why? Deals with the enduring dilemma: How to be faithful to God, relationships And responsible to social institutions

Faith perspective on society for: Teaching Preaching Action CST: What? Faith perspective on society for: Teaching Preaching Action

CST: Who Popes Ecumenical Councils Synods Regional conferences of bishops Local synods, conferences, bishops

CST: How Developed? See, Judge Act Consultation with experts Circulation of drafts Definitive publication Actions to implement

Vatican II’s Ecclesiology A community whose purpose is to help bring about the reign of God in history. The Church is a sign and a safeguard of the dignity of the human person. The social mission is “constitutive” not extra-curricular or optional. The Church carries out its religious mission by engaging in concrete struggles of society. To work for social justice and human dignity, therefore, is a religious act.

Justice in the World, 1971 Synod Action on behalf of justice and participation in the transformation of the world fully appear to us as a constitutive dimension of the preaching of the Gospel, or, in other words, of the Church's mission for the redemption of the human race and its liberation from every oppressive situation.

U.S. Bishops: The central message is simple: our faith is profoundly social. We cannot be called truly “Catholic” unless we hear and heed the Church's call to serve those in need and work for justice and peace. Communities of Salt and Light, U.S. Bishops, 1993

Constitutive Elements of Catholicism Scripture -- hear and proclaim the Good News Tradition -- reflect, teach texts in contexts: role of natural law in this tradition Sacraments -- inculturated worship, prayer life Social Mission -- faith-based action for social justice Word – Scriptures, tradition, religious ed, etc. Worship – Sacraments, prayer, etc. World -- social mission, action for social justice

Biblical themes of justice God is active in human history Creation as gift for all Covenant relationships Community responsibilities Challenge of the prophets Anawim -- "the widows, orphans and aliens” The example of Jesus – reign of God, healing creation, covenant, community the challenge of the prophets "the widows, orphans and aliens” the example of Jesus

Biblical Justice Fidelity to the demands of relationships With God With neighbors Especially with those left out A primary source for the Judaeo Christian tradition, is, of course, the bible. An excellent resource on Biblical themes of Justice in the Hebrew and Christian scriptures is the work of Fr. John Donahue, SJ, where he discusses the fundamental biblical definition of Justice as “fidelity to the demands of relationships.” This is not the same as the Enlightenment’s more individualistic view of justice.

Justice: Biblical Enlightenment Restorative Biased to the poor Personalistic Need-based Covenant relationship Distributive Punitive Blind and impartial Individualistic Merit-based Social contract Private property absolute

Vatican II This split between the faith which many profess and their daily lives deserves to be counted among the more serious errors of our age. Long since, the Prophets of the Old Testament fought vehemently against this scandal and even more so did Jesus Christ Himself in the New Testament threaten it with grave punishments.

Catholic Social Teaching (CST) Rooted in the Bible Continually developed in new contexts See, judge, act: basic method of CST Rooted in the Bible Continually developed in Catholic Social Teaching -- Seeing, judging, acting

Modern Catholic Social Teaching 1891 Rerum Novarum (New Things) Leo XIII 1931 Quadragesimo Anno (Social Order) Pius XI 1961 Mother and Teacher John XXIII 1963 Peace on Earth John XXIII 1965 Church in the Modern World Vatican II 1967 The Development of Peoples Paul VI 1971 A Call to Action Paul VI 1971 Justice in the World Synod of Bishops 1979 Redeemer of Humanity John Paul II 1981 On Human Work John Paul II 1988 On Social Concern John Paul II 1991 The One Hundredth Year John Paul II 1995 The Gospel of Life John Paul II See, Judge and Act as organizing framework. 13 documents with global implications; many others with more local import, e.g., racism in U.S. Catholic Social Thought, the Documentary Heritage, by David O’Brien and Thomas Shannon, (Maryknoll, NY, Orbis Books, 1995) is an excellent one volume resource, containing all of the major documents in this 110 year tradition, as well as introductory essays on each document. Claretian Publications, www.uscatholic.org, provides “The Busy Christian’s Guide to Catholic Social Teaching” and other materials. Professor Gerald Darring, at www.mcgill.pvt.k12.al.us/jerryd/cm/cst.htm, provides comprehensive information on the documents of Catholic Social Teaching, including bibliographies on each principal document. The Office of Social Justice of the Archdiocese of St. Paul and Minneapolis, at www.osjspm.org provide a comprehensive bibliography and teachings aids on Catholic social teaching.

Common Good Social Justice Distributive Contributive Individual Catholic social teaching, like most philosophical reflection, distinguishes three dimensions of basic justice: commutative justice, distributive justice, and social justice [24]. COMMUTATIVE JUSTICE DEMANDS FIDELITY TO AGREEMENTS, CONTRACTS BETWEEN INDIVIDUALS AND AMONG PRIVATE GROUPS. 69. Commutative justice calls for fundamental fairness in all agreements and exchanges between individuals or private social groups. It demands respect for the equal human dignity of all persons in economic transactions, contracts, or promises. For example, workers owe their employers diligent work in exchange for their wages. Employers are obligated to treat their employees as persons, paying them fair wages in exchange for the work done and establishing conditions and patterns of work that are truly human [25]. DISTRIBUTIVE JUSTICE RELATES TO ALL PERSONS RIGHTS TO BASIC NECESSITIES AND THE RESPONSIBILITIES OF SOCIAL INSTITUTIONS TO RESPECT THESE: E.G., GOVERNMENT, 70. Distributive justice requires that the allocation of income, wealth, and power in society be evaluated in light of its effects on persons whose basic material needs are unmet. The Second Vatican Council stated: "The right to have a share of earthly goods sufficient for oneself and one's family belongs to everyone. The fathers and doctors of the Church held this view, teaching that we are obliged to come to the relief of the poor and to do so not merely out of our superfluous goods" [26]. Minimum material resources are an absolute necessity for human life. If persons are to be recognized as members of the human community, then the community has an obligation to help fulfill these basic needs unless an absolute scarcity of resources makes this strictly impossible. No such scarcity exists in the United States today. SOCIAL JUSTICE RELATES TO THE INSTITUTIONAL ORDER AND HOW THE BASIC INSTITUTIONS ARE ORGANIZED. 71. Justice also has implications for the way the larger social, economic, and political institutions of society are organized. Social justice implies that persons have an obligation to be active and productive participants in the life of society and that society has a duty to enable them to participate in this way. This form of justice can also be called "contributive," for it stresses the duty of all who are able to help create the goods, services, and other nonmaterial or spiritual values necessary for the welfare of the whole community. In the words of Pius XI, "It is of the very essence of social justice to demand from each individual all that is necessary for the common good" [27]. Productivity is essential if the community is to have the resources to serve the well-being of all. Productivity, however, cannot be measured solely by its output in goods and services. Patterns of production must also be measured in light of their impact on the fulfillment of basic needs, employment levels, patterns of discrimination, environmental quality, and sense of community. 72. The meaning of social justice also includes a duty to organize economic and social institutions so that people can contribute to society in ways that respect their freedom and the dignity of their labor. Work should enable the working person to become "more a human being," more capable of acting intelligently, freely, and in ways that lead to self-realization [28]. Justice Individual Individual Commutative (Contractual)

Major Themes from Catholic Social Teaching Human dignity Community Rights and duties Preferential option for the poor Participation Dignity of work and the rights of workers Stewardship of creation Solidarity Role of government Promotion of peace From these rich biblical and documentary sources, I’d like to choose ten major themes to at least provide a taste, and for some of you a refresher, on the richness of this tradition. These 10 themes will be introduced in the next ten slides. There are many other ways of summarizing these themes. Byron, Network, U.S. Catholic Bishops, etc. all have different summary schemes.

1. Human dignity Every person is sacred, made in the image of God. A network of basic rights flow from this human dignity This is the absolute foundation stone of all that follows.

2. Community / Common Good The social nature of the human person The fact that human beings are social by nature indicates that the betterment of the person and the improvement of society depend on each other.…humanity by its very nature stands completely in need of life in society. Vatican II, The Church in the Modern World “Every man for himself,” said the elephant as he danced among the chickens. Charles Dickens

3. Rights and duties Civil/political Economic/social Every person has a right to the basic material necessities that are required to live a decent life. UN Universal Declaration of Human Rights. Pacem in Terris by John XXIII. David Hollenbach’s work “Claims in Conflict.” Civil/political Economic/social

Preferential Option for the Poor Remember the “widows, orphans, and aliens.” A necessary element of the common good Remember the “widows, orphans, and aliens.” A necessary element of the common good

5. Participation All people have a right to a minimum level of participation in the economic, political, and cultural life of society

6. The dignity of work and the rights of workers Work has dignity because it is performed by the human person. People are more important than things; labor is more important than capital. Work has dignity because it is performed by the human person. People are more important than things; labor is more important than capital.

7. Stewardship of Creation The goods of the earth are gifts. We hold them in trust, as stewards. The Second Vatican Council has reminded us: “God destined the earth and all it contains for all people and nations so that all created things would be shared fairly by all humankind under the guidance of justice tempered by charity.” All other rights, whatever they are, including property rights and the right of free trade must be subordinated to this norm…. On the Development of Peoples

8. The Virtue of Solidarity “It is a firm and persevering determination to commit oneself to the common good; that is to say, to the good of all ...because we are all really responsible for all.” Pope John Paul II, On Social Concern, 1987

Role of Government The state has a positive moral function. It is an instrument to promote human dignity, protect human rights, and build the common good Subsidiarity As small as possible As big as necessary Importance of civil society’s intermediate institutions

10. Promotion of Peace Peace is not just the absence of war; shalom is a set of relationships “If you want peace, work for Justice” Paul VI If you want peace, work for justice

Major Themes from Catholic Social Teaching Human dignity Community Rights and duties Preferential option for the poor Participation Dignity of work and the rights of workers Stewardship of creation Solidarity Role of government Promotion of peace

“Nine Commandments” for Social Teaching Rooted in prayer and worship. Integrate, don’t isolate. Content counts – know the documents. Competency really counts. Charity (social service) is not enough for justice. Thou shalt observe, judge, act. Feeling right. Thinking right. Acting right.

Teaching for justice is rooted in faith, prayer and worship Teaching for justice is rooted in faith, prayer and worship. Cultivate a spirituality that is not just private, but also public and social. Catholicism does not call us to abandon the world, but to help shape it. This does not mean leaving worldly tasks and responsibilities, but transforming them. Everyday Christianity: To Hunger and Thirst for Justice U.S. Bishops, November, 1998

Integrate, don’t isolate The commitment to human life and dignity, to human rights and solidarity is a calling every Catholic educator must share with his or her students. It is not a vocation for a few religion teachers, but a challenge for every Catholic educator. Therefore, we emphasize that the values of the Church's social teaching must not be treated as tangential or optional. They must be a core part of teaching and formation. Sharing Catholic Social Teaching: Challenges and Directions, U.S. Bishops, 1998 Just as the social teaching of the Church is integral to our faith as Catholics, the social justice dimensions of teaching are integral to Catholic education. They are not fringe, optional, or tangential. They are an essential part of educational teaching responsibility. This is not a vocation for a few educators, but a challenge for every educator. Often when I talk to educators, I worry that they see the social justice dimensions of their jobs as one more thing to feel bad about, one more set of expectations they have trouble fulfilling. This need not be the case. The social dimensions of our faith are exercised in the everyday responsibilities of educators. Teachers should not be asked to go far out of their way to teach about justice. They need to simply look for opportunities provided by the curriculum and experience to share our teaching on social values.

Content counts Study the documents. There is a universal need to be more explicit in teaching the principles of Catholic social thought and helping people apply and act on those principles. Sharing Catholic Social Teaching: Challenges and Directions U.S. Bishops, 1998 Relate the content of your profession to this tradition. History, Literature, the arts, social science, environmental and natural sciences, business, all provide ample opportunities to relate the content of your discipline to this tradition. Thomas Plante, chair of the Psychology department at Santa Clara, has published an issue of Blueprint for Social Justice on this topic.

Competency really counts We strongly urge Catholic educators and administrators to create additional resources and programs that will address the lack of familiarity with Catholic social teaching among many faculty…. Sharing Catholic Social Teaching: Challenges and Directions U.S. Bishops, 1998

Charity (social service) is not enough for justice. There is a need for Catholic educational programs not only to continue offering direct service experiences, but also to offer opportunities to work for change in the policies and structures that cause injustice. Sharing Catholic Social Teaching: Challenges and Directions U.S. Bishops, 1998 Contrast and Complementarity between Charity and Justice. Charity is : Justice is Accidental Systemic Occasional Persistent Spontaneous Structural Arbitrary Universal Non controversial Engaged in controversies from faith perspective Good Samaritan generosity Build healing and liberating structures Love your neighbor so much that you work against oppressive structures and for a society of dignity and rights Love people (neighbors, strangers) so much that you work to change the structures which oppress.

Thou shalt see, judge, act See, observe the facts; know the reality Use social analysis and moral values to make judgments about the facts Plan a realistic and effective strategy for action

Why so little implementation? Dormant social conscience Apathy: what can I do? Ignorance: intellectual roots in Dualism Individualism Inadequacy: band aids, not justice

Apathy - Feeling Right Experience is the best teacher Service learning Community service Immersion in the realities

Ignorance – Thinking Right Oppression: personal and social Liberation: personal and social

Adequacy – Acting Right One on one band aid “solutions” not enough Changing social structures Research Political advocacy Hope

Internet Resources on Catholic Social Teaching http://www.osjspm.org/cst http://www.osjspm.org/justed.htm http://www.mcgill.pvt.k12.al.us/jerryd/cm/cst.htm The New Dictionary of Catholic Social Thought, Judith A. Dwyer, ed.

Blueprint For Social Justice Only seven pages each article Only ten issues each year Only one article each month Our brevity is not our only strength Now in our 55th year of publication Sign up here, or at blueprint@loyno.edu Two recent issues of Blueprint: Daoust and Locatelli.

Conclusion Salt and Light for the World “You’re supposed to be the leaven in the loaf, not part of the lump.”

Implications for Legal Profession ? See Judge Act