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by Janet Smith
Catholic Dossier, Vol. 3, No. 1: Jan-Feb 1997
(Reproduced with permission)
Janet Smith is professor of philosophy at the University of Dallas
and one of the leading lay Catholics of the day. She is author of Why
Humanae Was Right (Ignatius Press).
One of Mary Ann Glendon's most salient observations is that rights
language impoverishes our moral discourse. It reduces all moral claims to
claims of justice. Entire other spheres of moral discourse are forgotten.
One considerable challenge that the Church faces in modern times is
finding a way of conveying its moral teaching to an age that most
manifestly does not share the moral presuppositions of the Church. The
Church holds many views very contrary to the modern age; for instance,
that there are moral absolutes; that suffering can be a redemptive good;
that we should readily sacrifice possession of the goods of this world in
preference to securing the goods of Heaven. The Church understands freedom
not to be doing whatever one wants, but liberation from sin and the right
to do what is good. Moreover, the Christian understands that the
supernatural is always penetrating this world to help souls attach
themselves to what is good and holy.
Still, it is often difficult for Christians to divest themselves of
their modern presuppositions and adopt the vision of the Church. Here I
wish to identify one particular modern presupposition and to use it as a
foil to portray the much richer moral vision of the Church.
The Language of Rights
Many have observed that the modern world is
so pluralistic in its moral thinking that there is no common moral
discourse. Yet there is one mode of moral discourse that seems to have a
kind of universal currency and that is the language of human rights.
Universal declarations of human rights seem to provide a kind of backdrop
against which cross cultural discussions of morality and politics can
proceed. Since the final decade of the last century, since Leo XIII, and
very much in the last decades of this century, "rights language" has
played an almost dominant role in Church encyclicals about moral and
political matters.
There are likely two reasons for this. First, as mentioned, "rights
language" is the coin of the day as far as moral discourse is concerned:
that is, if one is going to try to make a case of morality in the modern
age, it is nearly impossible to do so without recourse to "rights
language." Second, "rights language" carries with it a salutary dimension
that combats a dangerous feature of the modern ethos relativism. Whereas
relativism dominates modern moral judgments, "rights language," with its
reference to inalienable rights, carries with it the sense that there is a
universal and absolute set of moral demands, true at all times and places.
Catholic thinkers such as John Courtney Murray and Jacques Maritain
have applauded the Church's adoption of "rights language" since they
believe it compatible with the natural law tradition of the Church. Yet,
it has long been argued by others that the use of this language poses some
problems for the Church. They observe that "rights language" grows out of
the political thought of such enlightenment thinkers as Hobbes and Locke
who had a view of man and God in considerable opposition to that of the
Church.
There is a confusion of what a "right" is. Some rights, often called
"negative rights," describe what is known as a "zone of non-interference."
To say, for instance, that one has a "right to life" or a "right to
privacy" means that there are very few justifications for taking another's
life and no one should violate another's privacy. Other rights, known as
"positive" rights, make claims on others to provide something to the
needy. Children are said to have a right to food, shelter, clothing, and
education from their parents. It is not always clear whether a right is a
negative or positive right or, in the case of positive rights, who has the
obligation or duty to supply the need. For instance, it is not immediately
clear whether a right to a job or a right to health care are negative or
positive rights and who has the obligation to provide jobs and health
care.
What one understands to be the source of rights also makes a great deal
of difference how one understands rights; how one understands what
constitutes a right and how absolute and universal the rights are. Does
the state confer rights upon us? Are they God-given? One could ask these
questions differently: are rights given to us in virtue of our nature, are
there fundamental human rights or are rights simply a legal invention?
What is the good that they serve? Human liberty? Human dignity? And
finally, what are our rights? Do we have a right to freedom of speech? To
free practice of religion? To abortion? Are there limits to these rights?
A full consideration of these questions is definitely beyond the scope
of this essay, but such questions begin to suggest some of the problems
with "rights language." A book entitled Rights Talk by Mary Ann
Glendon, the lawyer from Harvard who was the head of the Vatican
delegation to Beijing, illuminates even further some of the problems with
"rights language." It is quite ironic that she is one of the fiercest
critics of "rights talk." The irony is that in Beijing she found herself
drawing a great deal on "rights language" to defend women, children, and
culture against horrendous violations of their fundamental human dignity.
Yet, this situation would hardly have surprised her, since she has herself
documented well that those who wish to speak of morality in the modern age
are quite necessarily dependent upon rights language.
The following passage represents well her critique:
Our rights talk, in its absoluteness, promotes unrealistic
expectations, heightens social conflict, and inhibits dialogue that
might lead toward consensus, accommodation, or at least the discovery of
common ground. In its silence concerning responsibilities, it seems to
condone acceptance of the benefits of living in a democratic social
welfare state, without accepting the corresponding personal and civic
obligations. In its relentless individualism, it fosters a climate that
is inhospitable to society's losers, and that systematically
disadvantages caretakers and dependents, young and old. In its neglect
of civic society, it undermines the principle seedbeds of civic and
personal virtue.
Glendon makes many claims here. She claims that rights talk does not
allow for nuances that any right quickly comes to be seen as absolute and
without limitation. Elsewhere she notes that rights seem to proliferate
and, again, quickly assume a status of absoluteness; for instance, the
"right to privacy" has begun to dominate many legal decisions in the
United States and, as is well known, is the basis for the legalization of
abortion and euthanasia. We soon find ourselves claiming we have a right
to whatever it is that we want and claiming that others should provide it
for us.
Glendon also claims that "rights talk" eclipses all talk of
responsibility. She observes that young people are able to recite a litany
of the rights that are secured by a free society but are not able to list
what obligations and responsibilities members of a free society might
have. She maintains that "rights talk" reduces each of us to an autonomous
center of rights who is independent of relationships and of the community.
We become so concerned with securing our own rights that we exhibit little
interest in the well being of others. In fact, others are seen as
potential rivals for the goods to which we have rights.
Modern "rights talk" asserts that the foremost right is liberty and,
apart from harming others, we believe our liberty to pursue our own
concept of the good should be unfettered. In the modern view, rights
secure our liberties; the ultimate goal is for each of us to do what we
want, when we want, as long as we do no harm to others. Indeed, in the
U.S. Supreme Court Case, Planned Parenthood v. Casey, it was stated
that "At the heart of liberty is the right to define one's own concept of
existence, of meaning, of the universe, and of the mystery of human life"
[112 S. Ct. 2807 (1992)]. This claim was made in support of abortion and
has since been used in support of euthanasia.
One of Mary Ann Glendon's most salient observations is that "rights
language" impoverishes our moral discourse. It reduces all moral claims to
claims of justice. Entire other spheres of moral discourse are forgotten.
For instance, we no longer speak in terms of virtue (though there are
currently powerful attempts to reinsert virtue language into our moral
discourse) or in terms of doing God's will, or in terms of duty, or
natural law, or keeping the commandments. My students are always
astonished when I speak of a moral obligation we have to take care of our
health; they balk at this claim unless it can be framed in terms of what
we owe others. That health is a human good that we have an obligation to
seek or preserve seems a foreign concept to them. If no injustice is done,
if no rights are violated, they can not see that something immoral has
been done. Since we have lost the language of these other sources of
morality, we have also, it seems, lost the moral vision that undergirds
them.
To understand how "rights talk" impoverishes our moral discourse, let
us evaluate a scenario and see how different would be the terms of the
discussion of the moral dimensions of the situation from the point of view
of one who reasons in terms of rights and from the point of view of one
who shares the Church's moral vision.
The scenario is this: a young unmarried woman engages in an act of
sexual intercourse; she becomes pregnant; she ponders an abortion but
decides to carry the child to term; she goes on welfare but also sues the
father for child support; she places the child in daycare so that she can
pursue a career.
The individual who reasons in terms of rights might say that the woman
has a right to have sexual intercourse when and with whom she likes; she
has a right to an effective contraceptive which the medical profession has
yet really to provide her; she has a right to an abortion which outweighs
the fetus's right to life. (She also has a right to the opinion that the
fetus has no right to life). She has a right to public support in order to
raise her child; she also has a right to child support from the father of
the child. She has a right to self-fulfillment so she has the right to
place her child in childcare. Since no rights have been violated according
to this evaluation, it is difficult to see how any disapproval of her
action could be expressed. Those who reason in terms of rights may sense
that all is not morally laudable here, but after all, she is just doing
what she has a right to do, she is doing what she is free to do.
"Rights language" could be used to express disapproval of this woman's
action but we must make very clear that it would be a different "rights
language." The "rights" we invoked to justify her action are in service of
individual liberty. Reference to rights to register disapproval are not
those designed to maximize freedom but are rights that are rooted in the
dignity of the human person, a dignity bestowed upon the human person by
God. From this perspective, it could be said that people have no right to
have sexual intercourse outside of marriage, that they have no right to
use contraception or to have an abortion. The child can be said to have a
right to be conceived by parents who are married to each other (as
Donum Vitae states) and, of course, to have a right to life. It could
be said that the parents have no right to charitable support for their
misdeeds and that they have no right to pursue their own selfish interests
at the expense of the wellbeing of their child.
Moderns who disapprove of the actions portrayed would likely speak this
way, would likely use "rights language" to express their disapproval. They
would, however, be speaking a different "rights language"; a "rights
language" that understands rights to be protective of human dignity, not
to be a means to maximize human freedom. I will return to the question of
the foundation of rights in a moment.
The Language of Responsibility
Before we consider the proper use of
"rights language," let us note that one who shares the Church's moral
vision could evaluate this scenario without any use of "rights language."
Disapproval of the woman's actions could be expressed in a multitude of
ways. In having sexual intercourse outside of marriage the woman is not
acting in accord with human dignity; she is violating the meaning and
purpose of sexual intercourse, for she is not using her sexual powers to
express her spousal love for another and she is not being responsible
towards any child she might conceive. In so acting she is breaking the
natural law. She is also violating the laws of Scripture and the Church
that teach that sexual intercourse outside of marriage is a grave offense
against God. She is violating the meaning of sexual intercourse by using
contraception, for she is not expressing the full meaning of complete
self-giving that the sexual act is meant to express.
Both the male and the female involved in the act of sexual intercourse
outside of marriage have failed to act in accord with the dictates of
love; they have used and exploited each other (even if they felt love for
each other) and have not brought their child into the world in a loving
fashion. The woman does not have the virtue of moderation or temperance in
respect to her sexual desires since she does not order these desires to
their proper good. If she had decided to have an abortion she would be
doing greater damage to herself than to the unborn child. If she knows the
nature of her act, she would be committing a mortal sin and endangering
her immortal soul. She would be forming vices such as injustice and
perhaps cowardice in her soul. The community may be charitable to her in
giving her and her child welfare to support her child, but can the woman
and her child be said to have a right to welfare? The couple has
harmed the child and the community by bringing a child into existence
outside of the support of a loving marriage.
The father (who would share fully in the evil of the action) certainly
ought to assume financial and emotional responsibility for the child. Both
parents ought to do everything they can to ensure that the child not
suffer from their poor decisions and by poor decisions I mean immoral
actions. The woman and the man should put the well-being of the child
above their own self-fulfilling career and life interests.
Both individuals should have recourse to the sacraments of Confession
and the Eucharist for the grace to amend their ways and to fulfill their
responsibilities. Had they consulted their consciences before they acted
and attempted to form their consciences in accord with Church teaching,
they would have realized that sexual intercourse outside of marriage is
wrong and as free and responsible moral agents would have voluntarily
postponed sexual satisfaction until they made a commitment to each other
and to the children their actions might produce. They should have prayed
to Christ and relied upon his grace and love to strengthen them so they
could resist their unruly passions and could act in accord with their
responsibilities. Insofar as they overcome these passions, and act in
accord with their responsibilities, in accord with the dictates of human
dignity, love of each other, and the love of God, they would be becoming
perfect as their heavenly Father is perfect and would look forward to
living for eternity with God himself.
Note that the evaluation in accord with the Church's moral vision can
be done without any reference to rights and that it is much more
complicated than the evaluation in terms of rights. "Rights language"
focuses on a fairly narrow range of ethical concerns - the just
interactions between individuals or between individuals and the state. In
addition, the Church's moral vision encompasses human dignity, natural
law, virtue, grace, love, charity, the commandments, prayer, the
sacraments, conscience, the passions, obligations to others and to God,
sin and the eternal destiny of man. These are all themes of the
Catechism. Such concerns can easily be lost in the moral vision
governed by rights.
Perhaps the difference between a moral vision governed by "rights
language" and the moral vision of the Church can best be seen through
contrasting what it means to be a creature bearing rights and a creature
bearing duties. Our age is slow to recognize duties and responsibilities.
In fact, it tends to find in the words "duty" and "responsibility"
negative connotations that suggest a curtailment of freedom, whereas
rights are connected with freedom. A creature bearing rights is a creature
full of needs and demands that often seem to conflict with the needs and
demands of others. A creature bearing duties is interconnected with others
as one who must actively seek the good of others, and who, in doing so, is
also achieving goods for oneself, if only the very important good of
performing one's duties.
The Christian moral vision sees the human person as indebted from the
moment of conception and throughout his lifetime. He owes God and his
parents for his coming into existence and for his continued existence. He
owes countless others for making his life and his enjoyment of life
possible. Each human person is a creature much indebted to God and others.
He is obliged to live a life of self-giving, if only to make some small
repayment for what he has received. His focus should not be upon himself -
his needs, demands and rights - but on doing good for others. Those who
perform their duties achieve true freedom, the freedom from selfishness
and vice. Thus while "rights language" can serve the important function of
protecting human dignity from assaults against it, the language of duty
advances the ennobling of the human person and true freedom.
The Foundation of Rights
We must realize, then, that the Church use
of "rights language" differs considerably from modern "rights talk." As
was noted above, the Church is careful to indicate that it understands
rights to be grounded in human dignity, in the nature of the human person,
which encompasses more than man's status as a free creature. Such a
grounding is essential, for it prevents the irresponsible proliferation of
rights that are grounded only in our needs or desires. It combats the
lethal modern tendency to enshrine inauthentic exercises of liberty into
rights (more about this in a moment).
The clearest statement of the foundation of rights is perhaps found in
a passage from Donum Vitae (section III), quoted by the
Catechism (no. 2273):
...human rights depend neither on single individuals nor on parents;
nor do they represent a concession made by society and the state; they
belong to human nature and are inherent in the person by virtue of the
creative act from which the person took his origin.
Here rights are linked to human nature, to the human person, and to the
Creator who formed that nature. In fact the Catechism links "rights
talk" not only to human dignity but also to the commandments and to
natural law as well:
The natural law, present in the heart of each man and established by
reason, is universal in its precepts and its authority extends to all men.
It expresses the dignity of the person and determines the basis for his
fundamental rights and duties ... (no. 1956)
The Ten Commandments belong to God's revelation. At the same time they
teach us the true humanity of man. They bring to light the essential
duties, and therefore, indirectly, the fundamental rights inherent in the
nature of the human person (no. 2070).
Here we can see that the Church tethers "rights language" to the
traditional moral terminology of the Church; such statements make it
impossible, for instance, that one could have a "right" to do something at
odds with human nature and the dignity of the human person or to do
something in violation of the commandments.
In recent documents the Church has been sharp in its warnings against
the modern age's overvaluation and erroneous understanding of freedom. In
such an age of relativism and skepticism, "rights language," rather than
serving to protect fundamental human goods, begins to be used to protect
violations of fundamental human goods. We find in Evangelium Vitae
a marvelous dissection of the dangers of "modern rights" language. It
speaks powerfully about how the laudable modern interest in ensuring that
the fundamental rights of all are respected has, through a distorted
understanding of freedom, led us to begin to transform what should
properly be termed crimes into fundamental human rights.
At one time abortion was considered a heinous crime, then it was argued
that women should have the right to choose abortion; then access to
abortion was spoken of as a fundamental right, and in some areas of the
globe, notably China, abortion is now used as an instrument of the state;
women who have had one child are forced to undergo abortion. In
Evangelium Vitae the Church powerfully describes this process. In the
U.S., right to die forces are winning through the same shift from crime,
to fundamental human right, and I suspect, before long to obligation.
We have focused here primarily on the dangers of "rights language." We
noted early that "rights language" does serve useful purposes, among them
the purpose of advancing the view that some elements of morality are
universal and absolute. The association of "rights language" with freedom
and liberty is also important and salutary, even though the understanding
of freedom and liberty to which it is attached is excessive or distorted.
The Church is rightfully eager to ally itself with the advancement and
protection of human freedom.
Comparing Catechisms
It is in its teaching on conscience that
the Church clarifies its understanding of authentic human freedom. The
growing importance of freedom in the Church's moral vision and the
difference between the Church's understanding of freedom and the modern
view of freedom can perhaps be seen with some clarity by comparing the
recent Catechism of the Catholic Church with the
Roman Catechism.
The Roman Catechism, the last official catechism of the
Catholic Church, was issued in 1566. Such a great distance between
universal catechisms perhaps serves to unfairly magnify differences that
have gradually taken place over centuries. Comparing a renaissance city to
a modern city would reveal such differences as to cause some to think one
had perhaps moved to a different universe. Yet the beauty of centuries-old
structures and adaptability to modern use and, indeed, their frequent
superiority to modern structures suggests that we can hardly say the past
is without relevance to the present; nor can we make the boast of
unrelenting progress that we might like to. A change in treatment of a
topic does not, of course, suggest a change in teaching; it most likely
suggests rather the differing concerns of the time in which the topics are
addressed. The Roman Catechism was written to counter the
Protestant Reformation and properly reflected the concerns of that time.
The present Catechism of the Catholic Church was written during a
time of considerable confusion within the Church about Church teaching and
in an age saturated with the values of modern secularism.
The section in the Roman Catechism that covers morality deals
exclusively with the Ten Commandments. The Catechism of the Catholic
Church, on the other hand, places a discussion of the Ten Commandments
as a second section in the part of the catechism entitled "Life in
Christ." The first section of this part is entitled "Man's Vocation: Life
in the Spirit." Chapter One, "The Dignity of the Human Person," covers
many topics such as man's freedom, the morality of the passions, the
conscience, virtues and sin.
The second chapter in the first part is entitled "The Human Community,"
and the third chapter deals with Law and Grace. Only then follows a
treatment of the Ten Commandments. The absence of many of the topics of
the Catechism of the Catholic Church from the Roman Catechism
does not suggest, of course, that the Church did not draw upon these
sources of morality in the past. A more comprehensive treatment of the
sources of morality may be present in the Catechism of the Catholic
Church because there has arisen in the intervening centuries greater
dispute about what constitute the sources of morality.
From Lawgiver to Model of Perfection
One can, though, discern a theme threaded
through the moral portion of the Catechism of the Catholic Church
that seems to have a prominence one could not quite imagine in the
Roman Catechism. The new Catechism picks up the Christological
and personalist emphasis of the Second Vatican Council which had moved
some distance from the cosmological and natural law emphasis of the past.
To oversimplify matters, one could say that the Church has shifted from an
emphasis on God the Father as Lawgiver who has written His will into the
laws of nature, to an emphasis on Christ as our model of perfection, and
human dignity as the grounding of morality in the Catechism of the
Catholic Church. Whereas the Roman Catechism stressed God as
the author of nature and the author of all moral laws, the Catechism of
the Catholic Church stresses that all moral law is in accord with the
dignity of the human person. These are emphases that began to emerge in
the documents of Vatican II and come to a fuller flower in the new
Catechism.
The Catechism of the Catholic Church does not reject or abandon
a view of the cosmos as ordered by God or of natural law as a guide to
morality but goes well beyond them in its presentation of morality. Hence
in the Catechism we find the emergence of the "dignity of the human
person" as a focal point of moral teaching. And I would like to note
further that the dignity of the human person is seen as rooted not so much
in his status as a rational creature whose mind is able to grasp reality
but in his status as a free and self-determining creature who must shape
himself in accord with the truth. Such key themes of personalism permeate
the moral vision of the new Catechism. A personalist cast imbues
all discussion of morality; that is, there is a constant reference to
man's dignity as manifested in his power to determine himself freely in
accord with the truth.
The moral section of the Catechism of the Catholic Church begins
with this passage:
The dignity of the human person is rooted in his creation in the
image and likeness of God (article 1); it is fulfilled in his vocation
to divine beatitude (article 2). It is essential to a human being freely
to direct himself to this fulfillment (article 3). By his deliberate
actions (article 4), the human person does, or does not, conform to the
good promised by God and attested by moral conscience (article 5). Human
beings make their own contribution to their interior growth; they make
their whole sentient and spiritual lives into means of this growth
(article 6). With the help of grace they grow in virtue (article 7),
avoid sin, and if they sin they entrust themselves as did the prodigal
son to the mercy of our Father in heaven (article 8). In this way they
attain to the perfection of charity (no. 1700).
In this passage we can see several of the main concepts that inform a
personalist approach to ethics: man as made in the image and likeness of
God, man as determining himself by his deliberate and free actions, a
concern with the interior life, the need of conforming our actions to the
good that is made known to us by our conscience, and the goal being
attainment of perfect charity. These themes play a major role in both the
Catechism and in Veritatis Splendor. They are, of course,
also central to natural law ethics and have been a constant part of Church
teaching. Simply the fact that the passages cited in support of the
teachings of the first portion of the moral section of the Catechism
are all from non modern sources indicates the timelessness of these
themes. But these themes have been knit together in a certain fashion that
is new, and that is a response to developments within the Church and
within the modern culture.
Speaking the Language of Modernity
Let us emphasize the phrase, "It is
essential to a human being freely to direct himself to [beatitude]." The
emphasis on self-determination emerging in Church documents reflects the
concerns of Pope John Paul II in his philosophical work, which in turn are
a response to modern philosophic concerns. Again, while Pope John Paul lI
is fully aware of the undue emphasis that our age puts on human freedom,
he also recognizes interest in it as a positive development of the modern
age. Veritatis Splendor, no. 31 states:
Certainly people today have a particularly strong sense of freedom. As
the Council's Declaration of Religious Freedom Dignitatis Humanae
had already observed, "the dignity of the human person is a concern of
which people of our time are becoming increasingly more aware."
Hence the insistent demand that people be permitted to "enjoy the use
of their own responsible judgment and freedom, and decide on their actions
on grounds of duty and conscience, without external pressure or coercion."
In particular, the right to religious freedom and to respect for
conscience on its journey towards the truth is increasingly perceived as
the foundation of the cumulative rights of the person.
This heightened sense of the dignity of the human person and of his or
her uniqueness, and of the respect due to the journey of conscience,
certainly represents one of the positive achievements of modern culture.
Pope John Paul II embraces what is good about the language of rights
and the emphasis on freedom and seeks to find a foundation for them in the
Christian view of the human person. There is a surprising passage in
Veritatis Splendor that indicates how willing Pope John Paul II is to
adopt the language of the modern age. I have not done a thorough word
search, but I suspect the word "autonomy" has made few appearances in
Church documents. Veritatis Splendor no. 40 states: "At the heart
of the moral life we thus find the principle of a 'rightful autonomy' of
man, the personal subject of his action."
The word is one allied closely with the philosophy of Immanuel Kant
(though Veritatis Splendor no. 38 cites a passage from Saint
Gregory of Nyssa that speaks of the soul being "swayed autonomously by its
own will"). In its etymological roots it means "self-rule"; in Kant it is
used to describe the necessity that man be a self-legislating entity; that
he not be heteronomous or one who is ruled by another - and for Kant, even
being ruled by God is unacceptable heteronomous submission.
Autonomy would seem to be very much at odds with Christianity for
humans are to do God's will and obey God's law rather than to be willful
and to be their own sources of what is lawful. Kant, of course, was not a
relativist; indeed he wished to formulate all moral dictums in terms of
universal absolutes. Relativism, however, quite naturally grew out of
Kant's metaphysical skepticism, and his rejection of any heteronomous
source of moral norms. So both the Kantian understanding of autonomy,
which roots moral obligation in the rational nature of the human person,
and a more modern notion of autonomy which is identical with relativism,
makes the term an unlikely candidate for being a part of the Church's
moral vision.
Yet, the Church's understanding of conscience in some very important
ways amounts to an advocacy of autonomy. Certainly we are not to be the
source of moral norms; we are to recognize that God is the source of moral
norms. God, however, wrote the first principles of practical reasoning on
man's consciousness and directed man to devise laws for his governance in
accord with these principles that are a part of his nature. Man, then, in
being a law unto himself is not a law apart from God.
The Catechism, in fact, quite directly though very briefly
addresses the concern of autonomy:
Atheism is often based on a false conception of human autonomy,
exaggerated to the point of refusing any dependence on God. Yet, "to
acknowledge God is in no way to oppose the dignity of man, since such
dignity is grounded and brought to perfection in God ..." "For the Church
knows full well that her message is in harmony with the most secret
desires of the human heart" (no. 2126).
In the Church's understanding, it is only when one is acting in accord
with the most secret desires of the human heart that one is acting truly
autonomously, and since God placed those desires there, there is no
conflict in following the most secret desires of one's heart, following
God, and being fully autonomous.
Genuine Autonomy and the Law of God
The Church denies that true autonomy risks
putting the moral agent at odds with God; it also denies that there can be
a conflict between the conscience and the Church; the Catechism
states: "No opposition between individual conscience or reason on the one
hand, and the moral law or the Church's teaching authority on the other,
can be admitted" (no. 2039). Veritatis Splendor states that
The rightful autonomy of the practical reason means that man
possesses in himself his own law, received from the Creator.
Nevertheless, the autonomy of reason cannot mean that reason itself
creates values and moral norms. Were this autonomy to imply a denial of
the participation of the practical reason in the wisdom of the divine
Creator and Lawgiver, or were it to suggest a freedom which creates
moral norms, on the basis of historical contingencies or the diversity
of societies and cultures, this sort of alleged autonomy would
contradict the Church's teaching on the truth about man (no. 40).
The dignity of the human person lies in his ability to understand that
the good he is to do freely is indeed a good for him. For a human to do
good out of fear or coercion is not to do good in a human and meritorious
way. Human dignity lies in the ability to do what is good, freely. He is
to make the good his own good. He is to personally appropriate what is
good. Man is to form his conscience to be so in accord with the good that
when he is acting out of obedience to the good he is actually acting in
accord with the good that he dictates to himself. Veritatis Splendor
no. 52 states: "The acting Subject personally assimilates the truth
contained in the law. He appropriates this truth of his being and makes it
his own by his acts and the corresponding virtues." Such a cooperation
between God and the human person, leads Veritatis Splendor no. 41
to suggest that we ought to speak neither of autonomy or heteronomy but of
a participated theonomy -man is not under God's law but participates in
God's law.
What is ultimately good for the human person is a proper relationship
with God. Man is to worship God freely. Thus the Church places such an
enormous emphasis on the importance of conscience because conscience is
properly allied not with radical autonomy but with the freedom to worship.
In letter on the eve of the Madrid Conference on European Security and
Cooperation, (Sept. 1, 1980), Pope John Paul II stated:
... freedom of conscience and of religion ... is a primary and
inalienable right of the human person; what is more, insofar as it
touches the innermost sphere of the spirit, one can even say that it
upholds the justification, deeply rooted in each individual, of all
other liberties. Of course, such freedom can only be exercised in a
responsible way, that is, in accordance with ethical principles ...
Several themes of this essay come together in this passage. Pope John
Paul II speaks of the freedom of conscience of and of religion being the
primary and inalienable right of the human person and that it is the
foundation of all other liberties. It is because he has a conscience that
man should be free and that freedom, thus, must be exercised responsibly,
that is to say, in accordance with ethical principles.
The above discussions on "rights language" and "conscience" provide
just the slightest of glimpses into the riches of the moral vision of the
Catechism. What I have attempted to do is to show how responsive
the Catechism is to modern concerns while also suggesting that it
is altogether faithful to the inherited moral vision of the Church. While
I have focused on rights and on conscience, I hope I have left no one with
the impression that Christian morality is primarily about rights or man's
wrestling with his conscience in order to formulate correct moral norms.
Christianity is about the desire and attempt to do what is good out of
love for the person of Christ, who is the Way, the Truth, and the Life."
It is not so much about following the dictates of conscience as it is
about following the promptings of the Holy Spirit. As the Catechism
states: "Life in the Holy Spirit fulfills the vocation of man" (no. 1699).
Those who seek holiness through receiving the sacraments, will develop a
special relationship with Christ and the Holy Spirit and will find
themselves drawn to live lives of loving service. And ultimately, that is
the moral vision of the Catechism.
END NOTES
1. Mary Ann Glendon, Rights Talk. The Impoverishment of Political
Discourse (The Free Press" New York, 1991), p. 14.
2. Catechism of the Catholic Church (Ignatius Press: San
Francisco, 1994).
3. For a fuller explanation of the compatibility of personalism and
natural law see my "Natural Law and Personalism in Veritatis Splendor,
" Chapter 13 in Veritatis Splendor: American Responses, edited by
Michael E. Allsopp and John J. O'Keefe (Sheed & Ward: Kansas City, 1995),
pp. 194-207. Portions of this article are taken from that chapter.
4. For a discussion of the emerging interest in autonomy in Church
documents, see Walter Kaspar, Theology and Church (Crossroad: New
York, 1992).
5. The Catechism makes reference to an erroneous view of
autonomy: "Ignorance of Christ and his Gospel, bad example given by
others, enslavement to one's passions, assertion of a mistaken notion of
autonomy of conscience, rejection of the Church's authority and her
teaching, lack of conversion and of charity: these can be at the source of
errors of judgment in moral conduct" (no. 1792).
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