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Religion & Law

: Mirror of Justice

"Catholic" Legal Theory

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I appreciate Steve S.'s recent post, although I continue to believe that the discussion at Mirror of Justice is dramatically more rich and diverse than it is at any other group blog of which I am aware.  (One reason for this is that there are interesting differences -- regarding interests, approaches, etc. -- among those whom Steve regards as "conservative", and among those he is calling "progressive.")  But anyway . . .

Steve suggests that one way to classify, and distinguish among, the MOJ bloggers is to distinguish "between those who wholly subscribe to the Magisterium and those who do not."  I wonder, though -- I would welcome comments from those who characterize themselves as "liberal", politically -- whether it might also be that some among us, and in the broader Catholic community, who are more on the "left", politically, do so not because they reject, or dissent from, the Church's teaching authority, but because they understand the content and implications of the Church's authoritative teaching differently?  Maybe, given Steve's taxonomy, these folks are "conservative", notwithstanding their "liberal" politics?  What do others think? 

I'm also curious -- and, in asking this question, which I know is a delicate one, I want to be very clear, and not misunderstood -- what Steve and others think makes "legal theory" Catholic?  I cannot emphasize this enough:  I am not suggesting that those in the camp in which Steve places himself are not "real" or "good" Catholics, or that the legal theory of those in that camp could not be accurately characterized as "Catholic."  These are not the suggestions.  The question is posed sincerely:  What is it about a "legal theory" -- anyone's legal theory -- that would make it "Catholic"?  One answer is, "it is a legal theory that is consistent with, and proceeds from, foundations in the Church's authoritative teachings."  Another might be "it is a legal theory that aims to reflect the truths revealed in the Gospel, as those truths are understood by the particular Catholic, or community of Catholics, proposing the theory."  And I'm sure there are others.  Thoughts?

Full post as published by Mirror of Justice on January 21, 2009 (boomark / email).

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