Law Commons^™

Laudato Si’ And The Tragedy Of The “Throwaway Culture.”, Lucia A. Silecchia

Scholarly Articles

Throughout Laudato Si’, Pope Francis decries what he calls the “throwaway culture.” At first blush, given the over-arching ecological theme of Laudato Si, this may seem to be solely a critique of wasteful consumerism. However, it is far more than that. It is a critique of a mindset and world view that discards people, promises, values and community bonds when they seem to lack immediately obvious or quantifiable value in the eyes of the world. Although this is a profoundly personal moral critique, it also provides a lens through which all laws and public policies might be viewed. Laudato Si’ …

Laudato Si’ And Care For Our Common Home: What Does It Mean For The Legal Profession?, Lucia A. Silecchia

Scholarly Articles

Pope Francis’s recent encyclical, Laudato Si’ (“Praised Be You”), has been one of the most widely anticipated papal documents in recent memory. It has also received far more popular commentary than would be expected of a papal encyclical. Yet, while Laudato Si’ has been widely dubbed “the climate change” encyclical, it is far broader than that. It is also a far-reaching analysis of a number of political, economic, social and legal issues, in addition to being an extensive exposition on human duties toward creation.

In the text of this encyclical, there are also some important lessons to be gleaned for …

Religion And Human Trafficking, Mary Graw Leary

Scholarly Articles

Human trafficking is a global form of victimization which transcends all geographical boundaries. It is also a form of objectification that strikes at core values of human dignity, protection for the vulnerable, and accountability for the exploiter. As such, it is a form of victimization that demands both a global solution and grass roots actors.

Religions throughout the world stand in a uniquely advantageous position to aid in the fight against trafficking. As global institutions, their reach is broad. As grass roots organizations, their influence runs deep. As moral voices of the community their impact can be profound.

This piece …

The Biography Of Gratian, The Father Of Canon Law, Kenneth Pennington

Scholarly Articles

The research on the pre-Vulgate manuscripts has been enormously interesting and, not surprisingly, has created areas of disagreement about aspects of Gratian’s life, work, and teaching. These scholarly debates have given birth to a fruitful and vigorous exploration into the teaching and development of law in the first half of the twelfth century.5 The issues are many. Perhaps the most important is the lack of consensus about how long Gratian worked on the Decretum and how long he taught. That will be the focus of this Essay.

Of Panjandrums, Pooh Bahs, Parvenus, And Prophets: Law, Religion, And Medical Science, George P. Smith Ii

Scholarly Articles

This Monograph derives from a Lecture, under the same title, given in Sydney, Australia, honoring Michael D. Kirby, AC, CMG, Justice of The High Court of Australia. The first part of the Monograph analyses the significant contributions that Justice Kirby has made as a compassionate champion of human rights and acknowledges what is styled as the Kirby Ethic which, in turn, is seen as the foundation for the body of work of the Justice as well as the moving force in his private life as well. Building upon a theory of transcendent idealism which interprets God's purpose as safeguarding the …

Universal Human Rights, The United Nations, And The Telos Of Human Dignity, William J. Wagner

Scholarly Articles

In this short essay, I seek to provide a description of the way the rights framework, by its nature, functions to unify global practice around normative ideals. I then outline obstacles, both theoretical and practical, to the effective functioning of this framework and the advancement of its purpose. Next, I lay out and critique the means that the Church, in its official teaching, proposes for overcoming these obstacles. I conclude by sketching briefly what I understand to be a more adequate program for addressing the impediments that exist to the realization of the aspiration of universal respect for human dignity …

Catholic Social Teaching And Its Impact On American Law: Observations On The Past And Reflections On The Future, Lucia A. Silecchia

Scholarly Articles

In recent years, greater attention has been paid to the influence of Catholic social teaching as a contributor to legal debates in American society. As it has developed, Catholic social teaching clearly envisions a role for the Church to play in shaping society. The interplay between Catholic social teaching and American law is a fascinating, complex, and, at times, tense relationship. That relationship is the subject of these observations and reflections. The first part of this discussion explores how leading Church documents define the proper scope of influence for Catholic social teaching. After this brief background, the discussion will turn …

Environmental Ethics From The Perspective Of Nepa And Catholic Social Teaching: Ecological Guidance For The 21st Century, Lucia A. Silecchia

Scholarly Articles

Over the years, a substantial body of Catholic social teaching has arisen to offer guidance as to the obligations that humanity has as stewards of creation. With ancient roots in Biblical text, and modern exploration in more recent texts, the connection between religious obligation and ecological responsibility has garnered much attention among Catholic thinkers - as well as among religious leaders of other faiths. This article explores the principles of Catholic social thought with respect to the environment and traces the development of those principles from their Biblical origins through the papacy of Pope John Paul II. In tandem with …

Integrating Spiritual Perspectives With The Law School Experience: An Essay And Invitation, Lucia A. Silecchia

Scholarly Articles

Reports of burn-out, disillusionment, and stress abound in modern literature as the legal profession faces a period of rapid change and sobering self-reflection on the ways in which it should operate as an honorable and noble profession.

In a seemingly unrelated development, there is a steadily growing interest in the spirituality of modern professional life. As those in other fields have also grappled with both outward critique and inward self-reflection, the past several years have seen a renewed interest in the spiritual aspects of worldly occupations. As time goes on and interest in spirituality and professional life increases, the legal …

Reflections On The Future Of Social Justice, Lucia A. Silecchia

Scholarly Articles

This article reflects on the nature of the key social justice questions of our time. It then explores five broad principles of Catholic social thought that may be brought to bear on those questions.

On Doing Justice And Walking Humbly With God: Catholic Social Thought On Law As A Tool For Achieving Justice, Lucia A. Silecchia

Scholarly Articles

The text of the 1996 “Mirror of Justice” lecture at the Catholic University of America, this article explores the potential - and the limitations - of law as a tool for achieving justice. Drawing heavily on principles of Catholic social thought, it also considers the various ways in which “justice” may be defined.

Christianity And The Civil Law: Secularity, Privacy, And The Status Of Objective Moral Norms, William J. Wagner

Scholarly Articles

This article will address three specific questions within a Catholic framework: 1) What is the justification for asserting that objective moral norms apply to the content of the civil law?; 2) Why is not the law's "secular" character a barrier to enactments, based on objective moral norms?; and 3) Why is not the "private" character of reproductive and other activities a barrier to the enactment of legal regulation affecting them?

Assessing Modern Bankruptcy Law: An Example Of Justice, Veryl Victoria Miles

Scholarly Articles

The task undertaken in this article will be to consider how well modern bankruptcy law measures up to concepts of justice that have evolved from Catholic social thought. The application of Catholic social justice in the assessment of whether a law is "just" or "unjust" can be viewed as a rational progression in evaluating the quality of justice achieved under a law.

In Search Of The Market’S Moral Limits: Liberalism, Perfectionism, And ‘The Bad Man’ In Christian Perspective, William J. Wagner

Scholarly Articles

The orientation to law and values which can sustain specifically Christian arguments for, and against, the restriction of market exchanges requires reference to authentically Christian theological principles and values. It requires, equally, that such principles and values be set in profile against the assumptions of both liberalism and classical perfectionism. This essay aims to provide such a statement of the relevant Christian orientation to law and values.

Pastoral Politics And Public Policy: Reflections On The Legal Aspects Of The Catholic Bishops’ Pastoral Letter On War And Peace, Robert A. Destro

Scholarly Articles

Taken as a whole, the Roman Catholic Bishops' 1983 pastoral letter on war and peace, "The Challenge of Peace, God's Promise, and Our Response"' has two purposes: first, to assist Catholics in the formation of their consciences; and, second, to contribute to the ongoing public policy debate concerning the morality of war in general, and of nuclear war in particular. This article will address the stated purposes of and the suggestions made in the pastoral letter from the vantage point of American statutory and constitutional law. It will make no attempt to provide definitive legal answers to the many questions …

A Theological Method For Legal Education, Raymond C. O'Brien

Scholarly Articles

Is it possible to engraft theology' into legal education? Does the law school seeking to inculcate any particular theology into its curriculum jeopardize the fabric of legal education? Are theology and law irretrievably broken, one to speak only of the things of God and the other to speak of Caesar? Finally, if there is to be interaction between law and theology within the context of legal education, is there a methodology that can offer significant and fruitful dialogue? This is the real issue.

Quality Of Life, Sanctity Of Creation: Palliative Or Apotheosis?, George P. Smith Ii

Scholarly Articles

This Article will suggest an approach to facilitate decision-making where the concepts of quality of life and sanctity of life appear to clash. It is hoped that a reconciliation of these two ideas will provide an alternative to the increasing federal intervention in the process of family decision-making vis-a-vis handicapped infants.

The construct will combine deontological standards with situational, or consequential, ethics. This unique synthesis will then be placed within a sphere of expanded family advisers-medical, social, spiritual, legal, etc.-who are called into being with the birth of a genetically defective newborn. The force of the construct arises from the …

Sexuality, Privacy And The New Biology, George P. Smith Ii, Roberto Iraola

Scholarly Articles

This Article investigates two alternative methods of human conception: Specifically, the artificial insemination of unmarried women for either their own personal purposes of pregnancy without the benefit of marriage or as surrogates for infertile women. Surrogation is evaluated, then, as an analytic complement to the sexual privacy of women who are expressing their sexual freedom through unconventional means to become pregnant.

The conclusion drawn is that an unmarried woman’s fundamental right to privacy or procreation does not encompass a right to either artificial insemination or surrogation. To allow unfettered access to these two methods of conception would - quite simply …

Intimations Of Immorality: Clones, Cyrons And The Law, George P. Smith Ii

Scholarly Articles

This article examines some legal and moral issues associated with two developing areas of biomedicine; cloning and cryonics. The author firstly considers the practical benefits to society of developing perfecting and utilizing the process of cloning. These include the ability to overcome inheritable genetic defects and the provision of organs for transplantation. Against this must be weighed some moral and ethical problems of genetic engineering. Professor Smith then discusses the process of deep-freezing a person and the development of cryonics as a social movement. The major legal problem stemming from cryonics is determining the time at which a cryonically suspended …

Johannes Teutonicus And Papal Legates, Kenneth Pennington

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No abstract provided.

The Razor’S Edge Of Human Bonding: Artificial Fathers And Surrogate Mothers, George P. Smith Ii

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This article will examine the plight of the artificial father and surrogate mother by focusing on how the law views artificial insemination. From this focus, the author will explore alternative responses for dealing with problems involving surrogate mothers, donor insemination, and infertility and show their symbiotic, if not direct, relation to the problem of infertility.

Intrusions Of A Parvenu: Science, Religion, And The New Biology, George P. Smith Ii

Scholarly Articles

Both religion and the law must seriously consider artificial insemination so that dogma and laws are formed to incorporate the process. Science has brought the procedure to a society unequipped to deal with the religious and legal implications of birth through artificial insemination in any of its forms. Not all religions or jurisdictions can be expected to treat the process exactly alike, but there must be an effort on the part of each organization to react to the situation facing them so that their citizens will have some guidance.

Section II of this article illuminates the path science is on …

The Promise Of Abundant Life: Patenting A Magnificent Obsession, George P. Smith Ii

Scholarly Articles

The purpose of this essay will be to explore the parameters of the scientific imperative to explore truth. The scope of this inquiry is shaped in part by the United States patent laws and administrative interpretations and, more specifically, by the United States Supreme Court in its recent holding allowing the new forms of life created in a laboratory to be patented. The ultimate purpose of this piece, then, is to refute the arrogance of power theory expressed as being implicit in the investigations of the vast potential for the positive achievement of good through harnessing the "New Biology." Thus, …

Pro Peccatis Patrum Puniri: A Moral And Legal Problem Of The Inquisition, Kenneth Pennington

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No abstract provided.

Cum Causam Que: A Decretal Of Innocent Iii, Kenneth Pennington

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No abstract provided.