Scripture and the Crisis – Part 3

Eamonn Clark

See Part 1 and Part 2. Today we look at the story of the Levite and his concubine at the end of the Book of Judges. Warning: do not read while eating.

Judges 19-20

In those days Israel had no king. [The chaos of Israel after Joshua’s death is ominously summed up in this line, which is repeated several times throughout the Book of Judges. It is a lawless land. Here, near the end of the age of the quasi-vigilantism of the Judges, we see moral corruption at its peak in a story which is perhaps the most gruesome of the entire Old Testament.]

Now a Levite who lived in a remote area in the hill country of Ephraim took a concubine from Bethlehem in Judah. [The Levites were the sacred tribe which held no land of its own and from which all the priests came. What is this Levite doing in the wilderness, away from civilization? He is near the tabernacle at Shiloh but is not obviously personally dedicated to it. He certainly does not seem to be interested in the hermitage for the sake of private prayer… Why is he taking a half-wife from a city already known (from the previous chapters of Judges) to be a source of intense corruption of worship (namely, idolatry)? This shady situation already blurs some lines: the sacred and the profane, the spiritual and the natural, and the conjugal and celibate. Nothing is immoral in itself so far, but we should expect trouble with such ambiguity and proximity to sin. And how we have allowed these same lines to be blurred in the past decades… It is no longer the flesh descendants of Levi, but the spiritual descendants of Melchizedek – the clergy – who have been wandering about, swinging close to sin, and blurring lines. Much of this also has to do with concern for proper worship.] But she was unfaithful to him. [An idolatrous hometown breeds unfaithfulness – go figure.] She left him and went back to her parents’ home in Bethlehem, Judah. After she had been there four months, her husband went to her to persuade her to return. He had with him his servant and two donkeys. She took him into her parents’ home, and when her father saw him, he gladly welcomed him.  His father-in-law, the woman’s father, prevailed on him to stay; so he remained with him three days, eating and drinking, and sleeping there.

On the fourth day they got up early and he prepared to leave, but the woman’s father said to his son-in-law, “Refresh yourself with something to eat; then you can go.” So the two of them sat down to eat and drink together. Afterward the woman’s father said, “Please stay tonight and enjoy yourself.” And when the man got up to go, his father-in-law persuaded him, so he stayed there that night. On the morning of the fifth day, when he rose to go, the woman’s father said, “Refresh yourself. Wait till afternoon!” So the two of them ate together.

Then when the man, with his concubine and his servant, got up to leave, his father-in-law, the woman’s father, said, “Now look, it’s almost evening. Spend the night here; the day is nearly over. Stay and enjoy yourself. Early tomorrow morning you can get up and be on your way home.” 10 But, unwilling to stay another night, the man left and went toward Jebus (that is, Jerusalem), with his two saddled donkeys and his concubine. [The inconstancy of the Levite, triggered by a desire for food and drink, for rest, and for pleasing his concubine’s father, ends in imprudent haste. Such closeness with the world will lead to bad decision-making, it seems, where the darkness will come quickly, bringing trouble with it.]

11 When they were near Jebus and the day was almost gone, the servant said to his master, “Come, let’s stop at this city of the Jebusites and spend the night.”

12 His master replied, “No. We won’t go into any city whose people are not Israelites. We will go on to Gibeah.” 13 He added, “Come, let’s try to reach Gibeah or Ramah and spend the night in one of those places.” [Jebus – Jerusalem – was at that point not yet a Jewish city. The Levite’s insistence on staying among the children of Israel signals a kind of piety, but also a false sense of security. “As long as we are with God’s chosen people, we will be alright.”] 14 So they went on, and the sun set as they neared Gibeah in Benjamin.15 There they stopped to spend the night. They went and sat in the city square, but no one took them in for the night. [Recall how the angels visiting Lot were also going to stay in the square. Nobody is on the lookout anymore.]

16 That evening an old man from the hill country of Ephraim, who was living in Gibeah (the inhabitants of the place were Benjamites), came in from his work in the fields. 17 When he looked and saw the traveller in the city square, the old man asked, “Where are you going? Where did you come from?” [The perfect set of questions for the Church these days, especially the hierarchy.]

18 He answered, “We are on our way from Bethlehem in Judah to a remote area in the hill country of Ephraim where I live. I have been to Bethlehem in Judah and now I am going to the house of the Lord. No one has taken me in for the night. 19 We have both straw and fodder for our donkeys and bread and wine for ourselves your servants—me, the woman and the young man with us. We don’t need anything.” [Notice the strangeness of the Levite’s answer… Is he going to Ephraim’s hill country, or to the tabernacle at Shiloh? He apparently complains that nobody has provided hospitality, but then says he doesn’t need anything. As we have seen already, he is a confused man.]

20 “You are welcome at my house,” the old man said. “Let me supply whatever you need. Only don’t spend the night in the square.” 21 So he took him into his house and fed his donkeys. After they had washed their feet, they had something to eat and drink. [Quite the partier this Levite is.]

22 While they were enjoying themselves, some of the wicked men of the city surrounded the house. Pounding on the door, they shouted to the old man who owned the house, “Bring out the man who came to your house so we can have sex with him.” [Like the men of Sodom, they are opportunists, but they are also homosexuals. The two dispositions are not caused by each other, but evidently, they exacerbate each other.]

23 The owner of the house went outside and said to them, “No, my friends, don’t be so vile. Since this man is my guest, don’t do this outrageous thing. 24 Look, here is my virgin daughter, and his concubine. I will bring them out to you now, and you can use them and do to them whatever you wish. But as for this man, don’t do such an outrageous thing.” [This is almost exactly the same as the episode in Sodom. But now watch the turn…]

25 But the men would not listen to him. So the man took his concubine [the one who had motivated the whole journey he is on, whom he went to retrieve 4 months after her unfaithfulness!] and sent her outside to them, and they raped her and abused her throughout the night, and at dawn they let her go. [The men are so full of lust that they are placated by this woman being put in their midst. The Levite’s willingness to do this, however, does not seem to be quite the same as the owner of the house. We do not hear a complaint from the Levite – perhaps he is just a coward. He is half-hearted and uncertain, as we have seen throughout the whole story, except when it comes to protecting himself. Even though he would have been overcome by the mob, he at least could have made his concerns known. After all, the sacred caste has a special duty to speak out against evil! Why is it not the Levite who is exhorting and castigating the mob?] 26 At daybreak the woman went back to the house where her master was staying, fell down at the door and lay there until daylight.

27 When her master got up in the morning and opened the door of the house and stepped out to continue on his way, there lay his concubine, fallen in the doorway of the house, with her hands on the threshold. [How many victims of abuse are captured by this image? Longing for safety and acceptance, only to have become so weakened that they can merely lay at the threshold.] 28 He said to her, “Get up; let’s go.” [See the pastoral skills of the Levite at work.] But there was no answer. [Now comes the turning point…] Then the man put her on his donkey and set out for home. [The realization that his half-beloved has been killed seems to move him to mercy. About a thousand years later, Christ will tell a story in which a Levite fails to pick up a man only half-dead for fear of being made unclean. Only now does the Levite begin to be “serious” about loving, and in a way it is too late… But what he lacks in timeliness, he arguably makes up for in grotesque theatricality.]

29 When he reached home, he took a knife and cut up his concubine, limb by limb, into twelve parts and sent them into all the areas of Israel. 30 Everyone who saw it was saying to one another, “Such a thing has never been seen or done, not since the day the Israelites came up out of Egypt. Just imagine! We must do something! So speak up!” [And this is what we have seen happen. The effects of abuse have been sent around the Earth, in all its graphic nature. The nations are horrified and enraged, and rightly so. In our day, it is arguably worse, as it was not a group of Levites who abused the woman but other men. How much more intense might the reaction of Israel have been if such a thing had happened in the shadow of the tabernacle at Shiloh…]

(20) 1Then all Israel from Dan to Beersheba and from the land of Gilead came together as one and assembled before the Lord in Mizpah. The leaders of all the people of the tribes of Israel took their places in the assembly of God’s people, four hundred thousand men armed with swords. (The Benjamites heard that the Israelites had gone up to Mizpah.) Then the Israelites said, “Tell us how this awful thing happened.”

So the Levite, the husband of the murdered woman, said, “I and my concubine came to Gibeah in Benjamin to spend the night. During the night the men of Gibeah came after me and surrounded the house, intending to kill me. They raped my concubine, and she died. I took my concubine, cut her into pieces and sent one piece to each region of Israel’s inheritance, because they committed this lewd and outrageous act in Israel. Now, all you Israelites, speak up and tell me what you have decided to do.”

All the men rose up together as one, saying, “None of us will go home. No, not one of us will return to his house. But now this is what we’ll do to Gibeah: We’ll go up against it in the order decided by casting lots.

12 The tribes of Israel sent messengers throughout the tribe of Benjamin, saying, “What about this awful crime that was committed among you? 13 Now turn those wicked men of Gibeah over to us so that we may put them to death and purge the evil from Israel.” [Again, like we’ve seen in the two other passages we’ve looked at before, the penalty which is seen as appropriate is extreme – but so too has the evil been extreme.]

But the Benjamites would not listen to their fellow Israelites. [One might be inclined to say that they don’t want to go down the rabbit hole on this.] 14 From their towns they came together at Gibeah to fight against the Israelites. 15 At once the Benjamites mobilized twenty-six thousand swordsmen from their towns, in addition to seven hundred able young men from those living in Gibeah. 16 Among all these soldiers there were seven hundred select troops who were left-handed, each of whom could sling a stone at a hair and not miss. [We see now two groups – the Benjamites, who don’t seem to think that retribution for a crime is all that important when it concerns men of their own kin, and the men of Gibeah themselves, the one who actually perpetrated the crime. They are now defended by many armed men, including highly skilled warriors – who shoot from the “sinister” hand.]

17 Israel, apart from Benjamin, mustered four hundred thousand swordsmen, all of them fit for battle. [They have far more men, but Benjamin is more greatly invested in victory… Their own existence seems to be on the line.]

18 The Israelites went up to Bethel and inquired of God. They said, “Who of us is to go up first to fight against the Benjamites?”

The Lord replied, “Judah shall go first.”

…(the Benjamites kill 22,000, then 18,000 in a series of battles commanded by the Lord – they pray and fast and weep and ask again if they should go up)…

The Lord responded, “Go, for tomorrow I will give them into your hands.” [God has desired the fighting to occur even though He knew Benjamin would cut down so many good men. But now, God will fight on the side of the good guys.]

29 Then Israel set an ambush around Gibeah. 30 They went up against the Benjamites on the third day and took up positions against Gibeah as they had done before. 31 The Benjamites came out to meet them and were drawn away from the city. They began to inflict casualties on the Israelites as before, so that about thirty men fell in the open field and on the roads—the one leading to Bethel and the other to Gibeah. 32 While the Benjamites were saying, “We are defeating them as before,” the Israelites were saying, “Let’s retreat and draw them away from the city to the roads.” [Benjamin is lulled into a false sense of security by their apparent dominance, then this arrogance is capitalized on by the other tribes. What exactly such a strategy would look like today, I do not know.]

33 All the men of Israel moved from their places and took up positions at Baal Tamar, and the Israelite ambush charged out of its place on the west of Gibeah. 34 Then ten thousand of Israel’s able young men made a frontal attack on Gibeah. The fighting was so heavy that the Benjamites did not realize how near disaster was. 35 The Lord defeated Benjamin before Israel, and on that day the Israelites struck down 25,100 Benjamites, all armed with swords. 36 Then the Benjamites saw that they were beaten. [Ultimately, the victory belongs to God. And it will come unexpectedly and swiftly.]

The Israelites go on to destroy all the cities and towns of Benjamin, although a small remnant of Benjamin escapes alive, not only because no tribe can be entirely snuffed out among Israel, but also as a reminder that evil can never truly be entirely rooted out in this life. The Levite’s lack of good sense is what occasioned all of this, however. While he is not the perpetrator of the abuse himself, he could have taken many steps to avoid such a catastrophe. There are many lessons here for clerical culture – the importance of clear boundaries and categories in relationships, dedication to frequent and right worship, a clear sense of purpose and personal identity, appropriate distance from worldly pleasures, careful decision-making, and courage to speak out against evil – even, sometimes, in the face of the mob.

Next time, we’ll look at some of the personal psychology involved in abuse… Be sure to subscribe to be notified!

Scripture and the Crisis – Part 2

Eamonn Clark

See Part 1. Let’s take a look at a different aspect of the crisis – the “cover-up.” We turn to the Book of Joshua, just after the destruction of Jericho, the city of sin. The spoils were supposed to be dedicated to the Lord and put in His treasury in the camp… or else.

JOSHUA 7

But the Israelites were unfaithful in regard to the devoted things; Achan son of Karmi, the son of Zimri, the son of Zerah, of the tribe of Judah, took some of them. So the Lord’s anger burned against Israel. [Achan wanted some gold for himself. What belonged to God, and to the whole camp collectively insofar as they offered it together, was held back for personal gain. While Achan’s remote intentions are unclear, surely he sought to advance himself politically and socially.]

Now Joshua sent men from Jericho to Ai, which is near Beth Aven to the east of Bethel, and told them, “Go up and spy out the region.” So the men went up and spied out Ai.

When they returned to Joshua, they said, “Not all the army will have to go up against Ai. Send two or three thousand men to take it and do not weary the whole army, for only a few people live there.” [After the victory at Jericho, the archetypal city of sin, the Hebrews are feeling very good about their position over Canaan. They have grown presumptuous and inattentive to their own sinfulness.] So about three thousand went up; but they were routed by the men of Ai, who killed about thirty-six of them. They chased the Israelites from the city gate as far as the stone quarries and struck them down on the slopes. At this the hearts of the people melted in fear and became like water. [How strange that with our comparatively few clergy we used to be effective at converting the world, but now things are different. Something has happened… And often, the people who don’t worry about the numbers, or who have no real plan to reverse their trend in ordination numbers, are part of the problem, as we have been seeing.]

Then Joshua tore his clothes and fell facedown to the ground before the ark of the Lord, remaining there till evening. The elders of Israel did the same, and sprinkled dust on their heads. And Joshua said, “Alas, Sovereign Lord, why did you ever bring this people across the Jordan to deliver us into the hands of the Amorites to destroy us? If only we had been content to stay on the other side of the Jordan! Pardon your servant, Lord. What can I say, now that Israel has been routed by its enemies? The Canaanites and the other people of the country will hear about this and they will surround us and wipe out our name from the earth. What then will you do for your own great name?” [Joshua realizes the harm that has been done to their reputation… The defeat at Ai will become an incentive for attack from the whole land.]

10 The Lord said to Joshua, “Stand up! What are you doing down on your face? 11 Israel has sinned; they have violated my covenant, which I commanded them to keep. They have taken some of the devoted things; they have stolen, they have lied, they have put them with their own possessions. 12 That is why the Israelites cannot stand against their enemies; they turn their backs and run because they have been made liable to destruction. I will not be with you anymore unless you destroy whatever among you is devoted to destruction. [So, what is sacred that has been hidden? It is the priest’s life itself… It belongs to God, and to the Church. It does not get to be treated as his own, it cannot be hidden away – it must only be “hidden” with the Lord, like all sacred things, but then its flaws are in view for all to see. Just like the spoils of Jericho, every priest is taken from among sinful men and made sacred to the Lord. And if some priest is not a good “offering,” he must either be reformed or discarded.]

13 “Go, consecrate the people. Tell them, ‘Consecrate yourselves in preparation for tomorrow; for this is what the Lord, the God of Israel, says: There are devoted things among you, Israel. You cannot stand against your enemies until you remove them. [Israel is to be reminded through this consecration that they are not a normal people, they are God’s own inheritance. This gives them insight into how egregious this crime is, and why they have failed to conquer Ai – and will continue to fail until the situation is remedied.]

14 “‘In the morning, present yourselves tribe by tribe. The tribe the Lord chooses shall come forward clan by clan; the clan the Lord chooses shall come forward family by family; and the family the Lord chooses shall come forward man by man. 15 Whoever is caught with the devoted things shall be destroyed by fire, along with all that belongs to him. He has violated the covenant of the Lord and has done an outrageous thing in Israel!’” [The investigation begins. It is thorough, and the stakes are made clear from the beginning – the one who is guilty will pay with his blood. Nothing less will suffice as punishment.]

16 Early the next morning Joshua had Israel come forward by tribes, and Judah was chosen. 17 The clans of Judah came forward, and the Zerahites were chosen. He had the clan of the Zerahites come forward by families, and Zimri was chosen. 18 Joshua had his family come forward man by man, and Achan son of Karmi, the son of Zimri, the son of Zerah, of the tribe of Judah, was chosen.

19 Then Joshua said to Achan, “My son, give glory to the Lord, the God of Israel, and honor him. Tell me what you have done; do not hide it from me.” [The little piety that is in Achan’s heart is taken advantage of by Joshua to profit the whole camp, and ultimately, Achan’s own soul.]

20 Achan replied, “It is true! I have sinned against the Lord, the God of Israel. This is what I have done: 21 When I saw in the plunder a beautiful robe from Babylonia, two hundred shekels of silver and a bar of gold weighing fifty shekels, I coveted them and took them. They are hidden in the ground inside my tent, with the silver underneath.” [One must wonder what would have happened had Achan continued trying to hide the spoils. Surely, it would have turned out even worse for him and for all Israel than it is about to.]

24 Then Joshua, together with all Israel, took Achan son of Zerah, the silver, the robe, the gold bar, his sons and daughters, his cattle, donkeys and sheep, his tent and all that he had, to the Valley of Achor. 25 Joshua said, “Why have you brought this trouble on us? The Lord will bring trouble on you today.”

Then all Israel stoned him, and after they had stoned the rest, they burned them. [Achan finds himself in a fate similar to that of Sodom and Gomorrah – utter destruction, along with the destruction of his incidentals, in this case his possessions and his children. Nothing of the wickedness of Achan must be allowed to continue on, lest something so terrible be repeated. Furthermore, an example must be made. Despite it seeming like Achan’s children are wronged here, perhaps they, too, were complicit in the cover-up. There are other ways to explain their demise, but this is certainly a possibility. Why did the children not turn over their father to Joshua, or at least return the stolen goods? Surely, they knew about the crime…] 26 Over Achan they heaped up a large pile of rocks, which remains to this day. [A memorial to deter future wrongdoers.] Then the Lord turned from his fierce anger. Therefore that place has been called the Valley of Achor ever since.

The things which belong to the public honor of God, such as the integrity of priestly life, cannot stay hidden away. Some might accuse me of “magical thinking,” but it seems confirmed by experience that priests leading double lives usually do not make many converts, do not devote long hours to the confessional, and do not deliver that kind of preaching which moves to greater faith, hope, and charity. They might indeed attract much curiosity and intrigue, they might make the parish a lot of money, they might be great social activists, but the real spiritual battles are not being fought by them. Such a man is forced to stay away from what is truly holy by the weight of his own conscience… Either his sin must go, or the Lord must go.

Scripture and the Crisis – Part 1

Eamonn Clark

In several posts, I have tried to provide some context to the present crisis of morals in the Church. As always, the linchpin is Holy Thursday and Good Friday – we are always doing better than that – but here I wish to give sexual crimes and cover-ups a deeper treatment through looking at a few examples in Scripture. I will present an abbreviation of the text and my own gloss.

The first story, familiar to most, is the destruction of Sodom and Gomorrah and Lot’s escape.

GENESIS 19

The two angels arrived at Sodom in the evening, and Lot was sitting in the gateway of the city. When he saw them, he got up to meet them and bowed down with his face to the ground. “My lords,” he said, “please turn aside to your servant’s house. You can wash your feet and spend the night and then go on your way early in the morning.”

“No,” they answered, “we will spend the night in the square.”

But he insisted so strongly that they did go with him and entered his house. He prepared a meal for them, baking bread without yeast, and they ate. [Lot is a quiet force for good in Sodom. He sits at the gates on the lookout. He knows what is around him, and he has a real concern to keep his guests safe from harm. He offers his own house so that they will be under his own watch, and then he gently suggests that they should get out of the city quickly afterward – he even uses unleavened bread to feed them, as will also be used later in the Exodus as a symbol of hasty departure.] Before they had gone to bed, all the men from every part of the city of Sodom—both young and old—surrounded the house. They called to Lot, “Where are the men who came to you tonight? Bring them out to us so that we can have sex with them.” [These men are opportunists, but they are also homosexuals. They do not want Lot’s virgin daughters, they want his male guests. This group has grown large enough to protect themselves, as they come from all parts of the city. Although they arrive at night, they are open about what they want. We can infer that they have been at this for some time – they have corrupted the young and incorporated them into the group, likely as a lower caste. Twice we hear about the bifurcation between the ages within the group.]

Lot went outside to meet them and shut the door behind him and said, “No, my friends. Don’t do this wicked thing. Look, I have two daughters who have never slept with a man. Let me bring them out to you, and you can do what you like with them. But don’t do anything to these men, for they have come under the protection of my roof.” [Lot knows that he cannot stop the men from sinning. Knowing the lesser evil, he proposes it to them. He can’t do anything else – it is beyond his power. Despite being “in the know,” his responsibility is limited. Undoubtedly, his opinion on this group is already well-known throughout the city.]

“Get out of our way,” they replied. “This fellow came here as a foreigner, and now he wants to play the judge! We’ll treat you worse than them.” They kept bringing pressure on Lot and moved forward to break down the door. [We see the manipulative and coercive tactics of the group… Command, ridicule, threats, and finally violence.]

10 But the men inside reached out and pulled Lot back into the house and shut the door. 11 Then they struck the men who were at the door of the house, young and old, with blindness so that they could not find the door.

12 The two men said to Lot, “Do you have anyone else here—sons-in-law, sons or daughters, or anyone else in the city who belongs to you? Get them out of here, 13 because we are going to destroy this place. The outcry to the Lord against its people is so great that he has sent us to destroy it.” [God does tolerate great evil, but only up to a point. Evidently, the existence of such a group has become intolerable, and death is their penalty.]

14 So Lot went out and spoke to his sons-in-law, who were pledged to marry his daughters. He said, “Hurry and get out of this place, because the Lord is about to destroy the city!” But his sons-in-law thought he was joking. [Lot finds that his whistle-blowing lacks effect. His sons-in-law surely know of the evil in the city, but they don’t believe it is bad enough to warrant divine intervention. Could there really be that much of it? And is it really that wicked to begin with? Etc.]

15 With the coming of dawn, the angels urged Lot, saying, “Hurry! Take your wife and your two daughters who are here, or you will be swept away when the city is punished.” [The way to protect oneself from being destroyed in Sodom is to run away from it. It is not Lot’s responsibility or prerogative to reform or rehabilitate the group, it is to distance himself from it.]

16 When he hesitated, the men grasped his hand and the hands of his wife and of his two daughters and led them safely out of the city, for the Lord was merciful to them. [Incredibly, Lot is somewhat attached to the city. It is familiar to him and is pained by the thought of putting it behind him. The purification, although he knows it is necessary, is a fearsome thing.] 17 As soon as they had brought them out, one of them said, “Flee for your lives! Don’t look back, and don’t stop anywhere in the plain! Flee to the mountains or you will be swept away!”

23 By the time Lot reached Zoar, the sun had risen over the land. [With the rising of the sun comes a plain view of Sodom and Gomorrah. God wants what comes next to be seen.] 24 Then the Lord rained down burning sulfur on Sodom and Gomorrah—from the Lord out of the heavens. 25 Thus he overthrew those cities and the entire plain, destroying all those living in the cities—and also the vegetation in the land. 26 But Lot’s wife looked back, and she became a pillar of salt. [Curious schadenfreude, or misplaced mercy and regret? Either way, it was not virtuous. One of the few who was supposed to be saved destroyed herself by failing to keep her sights set in the right direction.]

30 Lot and his two daughters left Zoar and settled in the mountains, for he was afraid to stay in Zoar. He and his two daughters lived in a cave.31 One day the older daughter said to the younger, “Our father is old, and there is no man around here to give us children—as is the custom all over the earth. 32 Let’s get our father to drink wine and then sleep with him and preserve our family line through our father.”

36 So both of Lot’s daughters became pregnant by their father. 37 The older daughter had a son, and she named him Moab; he is the father of the Moabites of today. 38 The younger daughter also had a son, and she named him Ben-Ammi; he is the father of the Ammonites of today. [The end of the story leaves our hero in disgrace. Lot thought that since he had escaped the evil men of Sodom, he was safe. He was not – he carried evil with him. He failed to stay vigilant, as if he believed the destruction of Sodom destroyed all the evil in the world. His own fall into perversion, while unintentional, leads him to become the father of two wicked races who would later persecute the sons of Israel, trying to keep them from reaching the Promised Land.]

The wickedness of Sodom and Gomorrah, not spared even after Abraham’s pleading, called for a proportionate punishment, which in this case meant the absolute destruction of the cities. (There is archaeological evidence of the historical truth of this account, by the way.) God “gets it.” Coincidentally – or not – August 30th saw the 450th anniversary of an Apostolic Constitution by Pope St. Pius V which legislated degradation and then death for clerics who participated in the perversion of Sodom. Such curious times we are living in. But as Lot’s ultimate downfall shows us, no one should presume to be above depravity, even those who fight against it.

Next, we will look at a story about a cover-up… and how it goes awry.

No, “pressure” to resign from the papacy does not make resignation invalid…

Eamonn Clark

Look. I’m not a professional canon lawyer. But two days in a row now even I have been able to point out some whoppers, both involving juridical validity.

It’s been irresponsibly suggested that “some canon lawyers” (who?) say that if a pope resigns due to scandals, he “cannot be said to have made his decision of his own free will – even if he insists that he is doing so.”

As the kids say these days – lolwut?

Even though the Holy Father apparently has said he has no intention of resigning, he is an unpredictable man, isn’t he. So let’s take a look at this important topic anyway.

Okay, so just a few questions to start us off… Since when is there a legal definition of “scandal”? And who determines whether there is such a “scandal”? And wouldn’t it be reasonable to assume that a person who sees danger and ineffectiveness coming for him due to a scandal would truly want, as an authentic good, to leave office?

If it is true that scandal precludes the resignation of office, it would mean that the person is stuck there, even if due to his own sins and the real good of the Church requires his resignation. On what planet is this a juridic reality? The fact is that there are always scandals and pressures facing popes which would incline them to leave office, many of which are unknown to most people. So is every papal resignation therefore invalid?

No, of course not. As my own professor of canon law told our class, one of the important tools in reading and interpreting canon law is common sense. 

Let’s go through the text, shall we? My comments in bold.

Can. 187 Anyone responsible for oneself (sui compos) can resign from an ecclesiastical office for a just cause. Obviously, the pope is such a person. Note that mounting scandals and ineffectiveness due to pressure to resign would certainly constitute a “just cause.”

Can. 188 A resignation made out of grave fear that is inflicted unjustly or out of malice, substantial error, or simony is invalid by the law itself. This means that, even if there is grave fear on the part of the office holder, that fear must be caused by a serious threat to that person which violates justice in its mode or in its end… We could quibble about exactly what “unjustly” and “out of malice” mean, (and it’s unclear to me if “out of malice” is its own clause – perhaps so) but at present, there seems to be nothing but serious complaints and demands for answers. No threats against the life or liberty of the person of the Holy Father.

Can. 332 …

§2. If it happens that the Roman Pontiff resigns his office, it is required for validity that the resignation is made freely and properly manifested but not that it is accepted by anyone. The key here is how to interpret the word “freely.” As we have seen, grave fear of being an ineffective pastor or of harming the Church through giving scandal would not suffice to inhibit freedom in the proper way, even for holders of a “normal” office. The office of the papacy, however, is not a normal office – it is the supreme office of the Church militant – and so even more stringent requirements would seem to obtain with regards to proving who seems to be the pope isn’t the pope or who seems to have left the papacy has not.

…ah but wait – let’s go back a few hundred canons…

Can. 14 Laws, even invalidating and disqualifying ones, do not oblige when there is a doubt about the law. When there is a doubt about a fact, however, ordinaries can dispense from laws provided that, if it concerns a reserved dispensation, the authority to whom it is reserved usually grants it. So since there is at least a serious argument to be made that “scandal” and “pressures” do not of themselves suffice to render a resignation null when it is properly manifested, there is at least doubt about the law. This subjects the invalidating law, c. 332 §2, to a “stricter” interpretation. Any claim must overcome the arguments provided.

What, then, might actually render an attempted resignation invalid due to a restriction of freedom? Well, the pope could not be tortured to procure a resignation, for example. He also could not reasonably be presumed free when publicly and presently threatened with death or imprisonment by those with clear means to procure either. Anything like this, in which an invalidating pressure is manifest to all reasonable persons, when the Holy Father actually manifests an intention to resign it would indeed be invalid. Otherwise, we have at a minimum a doubtful application of law, which, especially given the importance of the office, should therefore be subject to strict interpretation, as explained above.

Therefore, the Pope is perfectly free to resign, no matter how bad the scandal gets.

Well, that’s my basic argument. Someone will have to show me where I’m going wrong, if indeed that’s the case. We didn’t even get into c. 17… That would be important too.

Text and context.

No, campaigning for a pope does not invalidate the conclave…

Eamonn Clark

I don’t want to comment on the escalating rhetoric stemming from the letter from the letter of Abp. Viganò… I do want to comment on the escalating fear that campaigning for a pope pre-conclave (or at least before “santa sede”) invalidates the election.

It does not.

The argument goes like this: it’s an excommunicable offense to campaign for a pope (at least before the Holy See is vacant), a number of cardinals did this (the “St. Gallen’s Mafia” as it’s called), those excommunicated cardinals had invalidated themselves from voting, and therefore the last conclave was invalid.

Wrong, wrong, wrong. And it is irresponsible of people with only a passing familiarity with canon law to be going about spreading such a serious claim.

Here’s what the documents say.

From Universi Dominici Gregis, the document with the special procedural rules for conclaves:

“The Cardinal electors shall further abstain from any form of pact, agreement, promise or other commitment of any kind which could oblige them to give or deny their vote to a person or persons. If this were in fact done, even under oath, I decree that such a commitment shall be null and void and that no one shall be bound to observe it; and I hereby impose the penalty of excommunication latae sententiae upon those who violate this prohibition. It is not my intention however to forbid, during the period in which the See is vacant, the exchange of views concerning the election.”

So, electors are forbidden from what we might call “serious” campaigning. It seems they would not be forbidden from simply expressing desires to each other, or discussing pros and cons. Anyway, for the sake of argument, let’s imagine this prohibition was indeed violated by a number of electors, and despite the litany of conditions which make such penalties very difficult to incur, they’ve really been excommunicated by their acts of “campaigning.” Then what?

In the Code of Canon Law, we find:

“Can. 10 – Only those laws must be considered invalidating or disqualifying which expressly establish that an act is null or that a person is effected.”

AND:

“Can. 1331 §1. An excommunicated person is forbidden:

3/ to exercise any ecclesiastical offices, ministries, or functions whatsoever or to place acts of governance.

§2. If the excommunication has been imposed or declared, the offender:

2/ invalidly places acts of governance which are illicit according to the norm of §1, n. 3″

So what this means is that, while excommunicated persons do indeed have the obligation not to vote in a conclave, that act now being illicit, in order for such an act to be invalid that excommunication must be declared. That’s why section 2 says “If the excommunication has been imposed or declared,” implying that if it hasn’t been declared (or imposed, not categorically but personally, ferendae sententiae), then the subsequent penalties don’t apply. Obviously, no such excommunications have been declared (i.e. made public by the proper authority), and so any campaigners, while doing something illegal and immoral, would be doing something which is valid.

See more here.

It was a valid conclave, whether the outcome was good or bad.

True Myth Part 3: Noah’s Ark, Utnapishtim’s Ark

Eamonn Clark

So here’s a shocking fact for your Monday afternoon… The story of Noah and the Flood is reiterated in ancient cultures across the entire planet. China, the Mediterranean, Scandinavia, North and South America, Oceania… In all these places we find a story about a pre-historical global flood, typically brought on by divine power in response to some problem or frustration, a hero who wins survival (almost always with a boat in which he protects some other living creatures), and ensuing re-population, usually after a prayer of thanksgiving. Some even have their own version of the mysterious “Nephilim” and the “sons of God” who fathered them, mentioned immediately before the story of Noah – and not just in the Ancient Near East. What does that tell us?

Possibly a lot, especially given a defining characteristic of the Jewish version… Unlike the other heroes, who are saved because of their strength or cleverness, Noah is saved because of his righteousness.

Beyond this, the order of the world after the Jewish Flood is quite different, including a clear provision for violence in both sustenance and punishment; there is a covenant; and in the end of the story we find the very roots of the rivalry between the Jews (the descendants of Shem… “semites”) and the Canaanites (the descendants of Ham). Quite significant.

The words “Noah’s Ark” often brings one of two visceral reactions: open mockery or full-blown fundamentalist zeal. I suggest that neither are warranted. Without an attempt to unpack every intimation of salvation history and every echo of other Flood narratives, here are some quick thoughts for consideration.

The story of Noah is much subtler than people usually give it credit for. Like many Biblical texts, it has a chiastic structure (ex. A, B, C, B’, A’), where each part of the story is “undone” or “reflected” in reverse order later on, with the apex being the moment that God “remembers” Noah. Also, the Ark is not an “equal opportunity” vessel: one pair of each of the unclean animals, seven pairs of the clean animals. Of course, all life is contained in the Ark – nothing outside survives the Flood. The point is to purify the Earth… although some “impure” things are kept alive intentionally, thus pointing towards some later, more complete purification.

Perhaps this helps explain why violence is explicitly sanctioned by God after the Flood – both to kill animals for food, and to kill men as punishment (“Whoever sheds man’s blood, by man shall his blood be shed…” – Gen. 9:6). The antedeluvian order is not simply reiterated, lest it go awry once more. Since God commits Himself to refraining from destroying the whole Earth again as in the Flood, the race of men evidently need the right to govern themselves more severely, and to “cleanse” their concupiscence by eating flesh. (It is not entirely clear that eating meat was forbidden before the Flood, but it is at least explicitly allowed after.)

Unlike Utnapishtim in the Epic of Gilgamesh, Noah does not win immortality; in fact, he dies shortly afterward. And lifespans get shorter in general. (Bossuet notes this in his wonderful book The Continuity of Religion – a wetter, cooler climate would lead to shorter lives, goes his explanation.) So what was the Flood for? It leads to an arguably more violent world order with shorter lifespans, and the ritual impurity aboard the ark was outmatched by the spiritual impurity of Ham, who shames his father Noah and becomes the patriarch of the wicked race of Canaanites whom will be purged by the descendants of Shem. Could it be pointing at a spiritual order yet to come, where lives are yet longer, and there is no bloodshed, in crime or punishment, and no need to purge anyone from the Earth? It seems that the story expresses this longing, which cuts through all cultures… The Flood doesn’t present itself as a permanent solution.

While we should expect similar stories across cultures about eternal things, the similarities between Flood myths are striking. Could there have really been some prehistoric event, perhaps in North East Africa or the Fertile Crescent which was carried by early human migration across the planet? It’s certainly possible.

Supposing this, what would that mean for the Jewish account of the story? Are the Jews simply “sprinkling some God on it” for the sake of some theological agenda? Whether that is true or not, it remains that the text itself is inspired – apparently, this is the version of the story which God prefers, and its lessons are the ones to be learned. This would be true regardless of its literal historical status. The text is revelatory and so can tell us His own private thoughts and actions – such as a covenant or moral prescriptions. Whether the historical figures of an ancient flood did precisely what Noah did is not exactly the point either way. Reducing Scripture to mere “brute fact” history cheapens it in a way. God’s inspiration of “epic history” – however “literally” historical – makes him like a supernatural version of Herodotus. He gives us the interpretation of important historical events which is most conducive to salvation.

And that perspective is what has to inform any Christian study of comparative religion… God knows well the context in which He has taught and appeared and uses it to His advantage. A universal Flood myth, healed and spiritualized by the Jewish account, is a great example.

The Double-Effect Death-Spiral… and the Way Out!

Eamonn Clark

There are a number of pressing problems in Catholic moral theology, especially in bioethics. One of them is the right understanding of the so-called “Principle of Double-Effect,” (PDE) or whether this is really a legitimate principle at all in the way it is normally expressed. Now that Dr. Finnis has both parts of his series on capital punishment out, let’s put on our moralist hats and get to work.

I’ll spare you all the ins and outs of the history of the problem – Fr. Connery’s wonderful book on abortion in the Catholic moral tradition deals with this in some relevant detail – but will give you the gist of the recent discussions so that we can dive into John Finnis’ articles. I too will write in two parts, I think…

The 19th century saw the problem of “craniotomy” come up, and this is a decent and to me, most familiar way to dive into the problem of PDE. (Craniotomy is crushing the skull of an inviable fetus, in this case with an eye to extracting the child to save the mother.) Archbishop Kenrick of Baltimore wrote his morals handbook and forbade the operation, Cardinal Avanzini of Rome anonymously opined in favor (page 308-311) of the procedure in his journal (which would become the Acta Apostolicae Sedis), and Cardinal Caverot of Lyon (the city pictured above, coincidentally) petitioned the Holy Office for an official response. Needless to say, there was some controversy.

In response to Caverot’s dubium, the Holy Office (the precursor to the CDF) decided in favor of Kenrick’s position. But it did so cautiously, saying that the procedure “cannot be safely taught.” It did not exclude definitively the liceity of the procedure in itself.

Let’s fast-forward to today’s iteration of the old camps, of which there were and still are precisely three…

The “Grisezian” Position:

Doctors Grisez, Finnis, and Boyle were major proponents of the liceity of craniotomy in the 20th century and into the 21st. Grisez lays out his argument in several places, including in his magnum opus (entirely available online), The Way of the Lord Jesus. It is worth quoting the relevant passage in its entirety:

“Sometimes the baby’s death may be accepted to save the mother. Sometimes four conditions are simultaneously fulfilled: (i) some pathology threatens the lives of both a pregnant woman and her child, (ii) it is not safe to wait or waiting surely will result in the death of both, (iii) there is no way to save the child, and (iv) an operation that can save the mother’s life will result in the child’s death.

If the operation was one of those which the classical moralists considered not to be a “direct” abortion, they held that it could be performed. For example, in cases in which the baby could not be saved regardless of what was done (and perhaps in some others as well), they accepted the removal of a cancerous gravid uterus or of a fallopian tube containing an ectopic pregnancy. This moral norm plainly is sound, since the operation does not carry out a proposal to kill the child, serves a good purpose, and violates neither fairness nor mercy.

At least in times past, however, and perhaps even today in places where modern medical equipment and skills are unavailable, certain life-saving operations meeting the four conditions would fall among procedures classified by the classical moralists as “direct” killing, since the procedures in question straightaway would lead to the baby’s death. This is the case, for example, if the four conditions are met during the delivery of a baby whose head is too large. Unless the physician does a craniotomy (an operation in which instruments are used to empty and crush the head of the child so that it can be removed from the birth canal), both mother and child eventually will die; but the operation can be performed and the mother saved. With respect to physical causality, craniotomy immediately destroys the baby, and only in this way saves the mother. Thus, not only classical moralists but the magisterium regarded it as “direct” killing: a bad means to a good end.

However, assuming the four conditions are met, the baby’s death need not be included in the proposal adopted in choosing to do a craniotomy. The proposal can be simply to alter the child’s physical dimensions and remove him or her, because, as a physical object, this body cannot remain where it is without ending in both the baby’s and the mother’s deaths. To understand this proposal, it helps to notice that the baby’s death contributes nothing to the objective sought; indeed, the procedure is exactly the same if the baby has already died. In adopting this proposal, the baby’s death need only be accepted as a side effect. Therefore, according to the analysis of action employed in this book, even craniotomy (and, a fortiori, other operations meeting the four stated conditions) need not be direct killing, and so, provided the death of the baby is not intended (which is possible but unnecessary), any operation in a situation meeting the four conditions could be morally acceptable.”

We can see the attractiveness of the Grisezian position. It removes the uncomfortable conclusion that we must allow two people to die rather than save one. However, it simultaneously introduces an uncomfortable conclusion: that we may ignore the immediately terrible results of our physical exterior act in favor of further consequences of that act due to the psychological reality of our intention, in this case contingent on even further action (viz. actually extracting the child after crushing the skull – presumably, a surgeon may perform the craniotomy and then simply leave the child in the womb, thus failing to save either life).

Hold on to that thought.

The “Traditional” Position:

I put the word “traditional” in scare-quotes because it is the position which follows the cautious prohibition of the Holy Office, but it is not very old and is merely probable opinion. It is taken by a good number of moralists who are “conservative” and “traditional” in other areas. And it doesn’t have a modern champion the way Grisez was for the pro-craniotomy camp.

Folks in this school often make more or less good critiques of the Grisezian position, zeroing in on the lack of the appreciation for the immediate physical effects which flow from an external act. How is it that crushing a child’s skull does not equate with “direct killing”? It seems that such an action-theory, as proposed by Grisez, Finnis, and Boyle (GFB) in their landmark essay in The Thomist back in 2001, is utterly at odds with common sense. The plain truth then, is that craniotomy, just like ripping the organs out of someone healthy to save 5 other people, functions based on consequentialism.

This position, however, must bite two bullets. First, there is the sour prescription to let two people die when one could be saved. Second, it throws into confusion the topic of private lethal self-defense… Doesn’t shooting a person in the head also directly kill in order to save another’s life? GFB made this point in their Thomist essay, and, in my opinion, it is their strongest counter-argument. It pulls us back to the fundamental text in the discussion, q. 64 a. 7 of the Secunda Secundae, whence supposedly cometh PDE.

Hold on to that thought too.

The Rights-Based Position:

The final position for our consideration comes most recently from Fr. Rhonheimer, who seems to be at least in part following Avanzini. Basically, the argument goes like this… In some vital conflicts, like the problematic pregnancy at issue, one has two options – save one life, or allow two deaths. Everyone has a right to life, but in cases where we find acute vital conflicts, it sometimes makes no sense to speak of rights. The case in which a person in a vital conflict (the child) will not even be born is one such example. Therefore, while the child retains the right to life, it makes no sense to speak of this right, and so it does not bear on the decision of whether to perform an act which would end in the child’s death if it will save the mother.

Leaving aside the problem of the language of rights in moral discourse (see McIntyre’s scathing critique in After Virtue), we can simply observe that this is a position which does not evidently derive from virtue-ethics but is made up wholesale out of a desire to appease an intuition. Rhonheimer, as far as I recall, does not even attempt to integrate his position into the broader framework of moral theology. In sum, the damning question is, “Why precisely does acute danger to others and shortness of life remove the necessity to respect the bodily integrity/life of a person?” To me, it seems little more than an appeal to intuition followed by foot-stomping.

I credit Fr. Rhonheimer for making an attempt to present a different solution, and certainly, not all of his work is this problematic. But we are presently concerned with this particular topic. Anyway, I suggest that this is not a serious position for further consideration.

A Brief Synthesis

I recently wrote my STB thesis on moral liceity with respect to “per se” order, which is to say that those acts with “per se” order form the fundamental unit of moral analysis upon which the whole question of “object” vis-a-vis “intention” turns. I look at Dr. Steven Long’s truly excellent groundwork in his book The Teleological Grammar of the Moral Act, but I expose what I found to be some ambiguities in his definition and presentation of what exactly constitutes per se order. Skipping over all the details, let me quickly show how problematic the first two foregoing positions are and then give a rundown of the basic solution and its integration with respect to capital punishment. (It is Finnis’ articles on the death penalty which brought us here, remember!)

There are 3 dilemmas we have already mentioned: the central problem is craniotomy. At the two poles are the “transplant dilemma,” with one healthy patient and 5 critical patients in need of new vital organs, and the standard case of private lethal self-defense (PLSD), such as shooting a person in the head in order to stop his lethal attack.

The Grisezian position ably explains the craniotomy and PLSD. Nowhere – and I have looked pretty hard – do NNL theorists explore the implications of their action-theory (such as presented by GFB in their article) with respect to something like the transplant dilemma. One could easily appropriate the language of Grisez’s passage in TWOTLJ to accommodate such an obviously heinous action as ripping out the heart, lungs, kidneys, liver, etc. of a healthy man to save 5 others. (It should be noted that the individual’s willingness to give his body over to such an act, while good in its remote intention, is totally inadmissible. I think basically all Catholic moralists would agree with this.) To rip out the man’s vital organs could certainly be described as “reshaping the body” or something similar to Grisez’s description of craniotomy as “reshaping the skull.” After all, the surgeon need not intend to kill the man – he could simply foresee it happening in view of his means to save these other men.

GFB evidently miss the point in their Thomist article, as they claim a causal equivalence between craniotomy and procedures done on a person for that person’s own sake, on page 23: “It is true that crushing the baby’s skull does not of itself help the mother, and that to help her the surgeon must carry out additional further procedures (remove the baby’s body from the birth canal). But many surgical procedures provide no immediate benefit and by themselves are simply destructive: removing the top of someone’s skull, stopping someone’s heart, and so forth.” We can see, then, that the principle of totality is undervalued by GFB and those who follow them. Serious damage done to a person must at least help that person. Any help to other persons is secondary, and I would argue per accidens rather than per se… One human substance is always related accidentally to another human substance.

The traditional approach more or less throws the teaching of St. Thomas into a cloud of ambiguity. By stating that the craniotomy is illicit because of the directness of its physical causation, the language in q. 64 a. 7 becomes unintelligible. We have to see the whole thing:

“Nothing hinders one act from having two effects, only one of which is intended, while the other is beside the intention. Now moral acts take their species according to what is intended, and not according to what is beside the intention, since this is accidental as explained above (II-II:43:3; I-II:12:1). Accordingly the act of self-defense may have two effects, one is the saving of one’s life, the other is the slaying of the aggressor. Therefore this act, since one’s intention is to save one’s own life, is not unlawful, seeing that it is natural to everything to keep itself in ‘being,’ as far as possible. And yet, though proceeding from a good intention, an act may be rendered unlawful, if it be out of proportion to the end. Wherefore if a man, in self-defense, uses more than necessary violence, it will be unlawful: whereas if he repel force with moderation his defense will be lawful, because according to the jurists [Cap. Significasti, De Homicid. volunt. vel casual.], ‘it is lawful to repel force by force, provided one does not exceed the limits of a blameless defense.’ Nor is it necessary for salvation that a man omit the act of moderate self-defense in order to avoid killing the other man, since one is bound to take more care of one’s own life than of another’s. But as it is unlawful to take a man’s life, except for the public authority acting for the common good, as stated above (Article 3), it is not lawful for a man to intend killing a man in self-defense, except for such as have public authority, who while intending to kill a man in self-defense, refer this to the public good, as in the case of a soldier fighting against the foe, and in the minister of the judge struggling with robbers, although even these sin if they be moved by private animosity.”

Without launching into a critique of the Cajetanian strain of commentary which ultimately gave rise to the crystallized formulation of PDE which pervades most moral discourse on vital conflicts, I will again follow Long and say that the “rules” of PDE really only work if one already knows what one is looking for. In this respect, PDE is like the moral version of St. Anselm’s ontological proof for God’s existence – it is nice to have in a retrospective capacity, but it is not actually that helpful as an explanatory tool.

As we have seen, GFB take Thomas to mean that one does not “intend” to kill the aggressor, just as the surgeon does not “intend” to kill the child in the craniotomy. The traditional school does not have as clear of an answer – it seems forced to say, somewhat like Fr. Rhonheimer, that the rules just “don’t apply,” yet without a convincing explanation. After all, the principle of totality does not bear on the slaying of one person for the sake of another, even in the case Thomas addresses. Furthermore, because it appears that it is only due to the death of the aggressor that the attack is stopped, thus implying “intentional killing” as a means, how do we explain St. Thomas’ position?

We can note a few things in response. First, it is in fact not death which stops the attack initially – it is the destruction of the body’s capacity to continue attacking, which itself is the cause of death. The separation of the soul and body (which is what death is) need not be the chosen means or the intended end. In every single case, the aggressor is incapacitated before dying, and such incapacitation is what is sought. (This is at least part of what makes Finnis’ argument about “unintentional killing” in war plausible.) Second, the child stuck in the womb is a radically different kind of threat than the rational aggressor. Third, Thomas is quick to turn the discussion to public authority, as a kind of foil. All of this is quite significant and points to an answer.

To the first point… It is true that the private citizen can’t have the death of the aggressor as a goal, meaning, death can’t be what is sought as a means or as an end. He doesn’t need to do anything to the soul-body composite as such, he only needs to do something to the body’s ability to be used as a weapon.

To the second point… A gunman in an alley is a very different sort of threat than a child growing in the womb. There seem to be two classes of threats – non-commutative, and commutative. The non-commutative threats are those which result from principles not in themselves ordered towards interacting with the outside world, viz., the operations of which are without a terminus exterior to one’s own body. These would be the material principle itself of the body (the act of existing as a body), and the augmentative and nutritive faculties of the vegetal soul. So a person falling off a cliff, or a child growing in the womb, are not acting on the outside world… Threats which proceed from the animal or rational appetites, however, are indeed acting externally. The crazed gunman who is not morally responsible and the hired hand are both trying to do something to another person, whereas the child growing in the womb is not. So perhaps different kinds of threats allow for different kinds of defense.

To the third point… Without a full exploration of the famous “self-defense” article quoted above, Thomas is eager to explain that public authority can kill intentionally – evidently meaning it can be the end of one’s act rather than just the means. (“Choice” refers to means, “intention” refers to ends – they are only equivocally applied in the inverse senses in scholastic morals.) Here’s where it gets weird.

Because the soul-body composite is its own substance (a living human being), the act of killing a person (regardless of one’s psychology) destroys that substance insofar as the world of nature is concerned. (We leave aside the interesting questions of  the survivalism vs. corruptionism debate among Catholic philosophers.) It forms a per se act – that is to say, there is nothing further which can come from this action which will be per se an effect. This is because, as I argued in my thesis, per se order exists only within the substance chosen to be acted upon. Per se effects are those effects which necessarily occur in the substance an agent acts on which come from the agent’s act itself, given the real situation of the substance. So to destroy a substance necessarily ends the per se order. At the end of per se order there is the intended effect – such as debilitation (which is only logically distinct from self-preservation and therefore is not a separate/remote/accidental effect – what it is to protect oneself simply is to remove a threat) or death. Of course, this intended effect can itself be part of a chain of intended effects which function as means with relation to some further end. If I defend myself in order to live, but I want to live for the sake of something else (like acquiring wealth), then there is a chain of intended ends which function as means. The necessary process of moral evaluation, however, is to look for the per se case of action and examine whether it is rightly ordered in itself.

We have seen with the transplant dilemma that it is wrongly ordered to damage one innocent person’s body lethally with the good aim of helping many others. The answer to the craniotomy seems to be the same… The child does not have an unjust appetite, he has a rightly ordered vegetal/material appetite which is inconvenient to others, so he may not be attacked, unless that attack also proportionately helps him and is chosen in part for that reason. (Such a case might really exist – for example, an inviable fetus is causing the womb to rupture… It’s foreseen that delivering the child will both save the mother and allow the child to live longer than he would have otherwise, even though exposure to the outside world will be the cause of his death. It certainly seems that this would be permissible given the principle of totality.) Finally, we reach the case of PLSD… There is no principle of totality at work here, even though the intended effect of self-preservation is immediately achieved with the debilitation which causes death. Rather, the normal rule of totality is indeed suspended. This is because of the kind of threat which the aggressor poses – it is a threat to the commonwealth due to a disordered external appetite.

Because “it is natural to everything to keep itself in ‘being,’ as far as possible,” and “one is more bound to take care of his own life than another’s,” it stands to reason that in a case in which there is public disorder due to the external act of a person, that person becomes the rightful recipient of correction at the hands of those whom he threatens, without his own good being a barrier to protecting the good of oneself or the community. The blows to the aggressor, we can see, actually help him – they keep him from being a bad part of society. And the private citizen’s duty is indeed to protect the commonwealth insofar as he is a part… This would include a kind of “natural delegation” to dispense with individual totality for the sake of communal totality – he is at liberty to risk the good of the one person (while, remember, he actually does something good to the aggressor by rectifying his disordered exterior act) for the sake of the commonwealth. The private defender may not try to kill the aggressor, but he may knowingly cause it with no benefit to the aggressor beyond keeping him from being harmful. Even though death is a per se effect, the defensive act is legitimate – the private defender acts like a miniature public official in this urgent situation, without psychologically taking death itself as an end.

This plugs in very nicely with Thomas’ vision of capital punishment… Stay tuned for part 2, though I’m sure a lengthy tome like this won’t be too necessary, given that a response from Dr. Feser is likely forthcoming, due in no small part to having been called out personally by Dr. Finnis.

Interesting times indeed.

The double-effect gauntlet has been thrown…

Eamonn Clark

John Finnis has published the first part of a two part series on capital punishment at the Public Discourse.

It is wrong.

I will wait for the second part to appear to launch a full critique, but note now the startling assertion that he makes: all intentional human killing, of any kind, is forbidden by the 5th commandment.

For those unfamiliar with Finnis, he and Grisez (and to a lesser extent, Boyle,) were the chief architects of what is widely now considered to be a failed normative ethical project called “New Natural Law.” Its arch-proponent, Dr. Grisez, was a long-time professor at my own undergraduate university. He died only a few months ago.

NNL has its rhetorical advantages, but it suffers serious theoretical problems. I won’t explore those any time soon… Except for one, which I just did my thesis on. It centers around NNL’s vision of the so-called “principle of double effect.”

Without getting into it too much – and hopefully without spoiling the possibility of publishing my thesis in some form in the future – suffice it to say that Finnis and friends face “unintended consequences” of their own when they take the line that “intention” reigns supreme in the way they suggest.

Note that NNL theorists, while typically opposing the death penalty, would also support the use of craniotomy. (Don’t google it. It’s essentially medical abortion necessary to save the life of the mother.) This debate extends back into the 19th century, when Cardinal Caverot of Lyon inquired of the Holy Office about the matter, and Archbishop Kenrick of Baltimore wrote against the procedure in his moral theology handbook. This sparked a round of debates which has swirled for more than a century. Eschbach, Pennachi, Waffelaert, Avanzini… and on and on until we have the three camps of today, one represented by NNL theorists, one represented by the teaching of the Holy Office and most Catholic moralists, and then finally one represented almost exclusively by Fr. Martin Rhonheimer.

But we are getting ahead of ourselves.

Briefly, however, the paragraph in the Catechism about the 5th commandment and war which Finnis proof-texts (2307) is either simply poorly worded (although it does use “intentional destruction” rather than “intentional taking,” for what it’s worth), or it is just a lacuna.

lacuna1

More to come… Stay tuned and be sure to subscribe.

Clerical Celibacy: The Devil’s New Target

Eamonn Clark

If you haven’t heard it yet, there is a silver bullet which will cure all the ills of the Church’s clergy… it will increase vocations, it will root out the sexual deviants, it will enhance ministry to spouses… it is the end of mandatory celibacy for priests.

With the outbreak of the recent abuse/gay scandal, and the Pan-Amazon Synod around the corner, it seems that the Enemy has revealed the game plan. Let’s see if we can make a compelling argument for keeping celibacy around.

There are three classical categories of value of celibacy in itself. In increasing order of importance, they are:

  1. Economics
  2. Witness
  3. Union with God

Most are somewhat familiar with the economic problems with a married clergy. If not, here are a few of the issues.

  1. Parishes would have to support an entire family rather than one or two priests – room, board, insurance, education, health, etc.
  2. A lot of money would need to be invested in new seminaries to accommodate more seminarians (presumably, at least for a while,) and their families
  3. It is difficult to split time and energy appropriately between one’s family and the parish – it often causes serious strain and burnout

Depending on how broadly one makes the “economic,” it could also include the psychological toll on the wife, who can be subject to intense scrutiny and gossip in the parish.

The other two nodes are more important but less appreciated. The value of celibacy as a witness to the reality of the future coming of Christ helps to mark our priests as special in the eyes of the world. And how uncomfortable it makes the worldly… After all, one of the daughters of lust is a loss of desire for the goods of Heaven. To compromise here would be to lose that power. Hold that thought.

The last node is almost entirely unheard of these days, but it centers around the imitation of Our Lord and the life of Heaven to come, which will not contain marriage, as He said Himself. (Mt. 22: 30) The celibate state allows a person to focus his or her efforts entirely on pleasing the Lord, directly, as it were, rather than indirectly through pleasing one’s spouse. This is just what St. Paul said. (1 Cor. 7: 32-35) It makes more room for charity, and the continual foregoing of the great good of marriage for God’s sake, especially under a vow, is its own special form of worship.

We can see how simpler economics leads to better witness, and better witness leads to quicker union. By freeing oneself for ministry, a person is more able to preach, teach, govern, sanctify, etc., meanwhile extracting a minimal amount of resources from the faithful (a reality which St. Paul continually drew attention to on his own part). It is clear that this brute fact of more availability due to celibacy is at least in part the reason why the vast majority of the Church is Latin, and not part of an Eastern Rite which generally allows for married priests. The Latin discipline has rendered an astonishingly greater number of disciples – celibacy is, after all, traditionally seen as the “hundredfold fruit” of the good soil. (Mt. 13: 23) This greater spiritual reaping naturally leads one closer and closer to the goodness of God, which disposes one for greater union in this life. This in turn should actually inspire increasing poverty and obedience, which should increase the amount and quality of witness, which should increase union, and so on. It’s a beautiful cycle.

But the challenges which celibacy faces today have mostly to do with the topic of witness. Let me break them down by stating the claims which one will hear today in various corners of the Church (and beyond, for whatever that’s worth):

  1. Celibacy discourages vocations
  2. Celibacy leads to adverse sexual behavior/deviance
  3. Celibacy renders one less able to minister to couples as such

The first point is at issue in the upcoming Pan-Amazon Synod, which I have already written about at length here. The reality is that this short term gain will yield long term damage. The growth may indeed spring up at once, but over the years, the sun will dry out the plant, and the hundredfold fruit will disappear. The Amazon, and whatever other areas claim the same need for an exemption from universal law due to abysmal vocation numbers (viz., most of Western Europe), will likely have priests who, while more numerous, will be less interested in priestly work and less able to do it, meanwhile exacting a much higher tax on the faithful.

The second point is initially plausible. A great number of people can’t imagine living a life willfully without marriage without any pre-existing “condition” which renders one uninterested in the first place. Therefore, the people who do try to stick it out are left only with inappropriate vents for their pent up sexual urges. And so, most priests who aren’t already “off” become mentally ill and act out.

In response, we must consider a few things. First, the fact is that sex abusers almost universally are not “equals” with the ones they abuse. These people, if they wish to lead a public life, seek (or by nature have) positions of power over vulnerable potential victims. Coaches, teachers, older family members, etc. And of course there is the manipulation of the casting couch and other abuses of gate-keeping. The point is that the mental pathology is what creates these men’s desire for Holy Orders – it is an attempt to obtain power, prestige, and plausible deniability so that their twisted appetites can be satiated indefinitely. In other words, these men had “fauxcations.”

The other side of the coin is that the men with normal sex drives do not become monsters when those desires are suppressed. It is not a reasonable progression to go from a healthy sexual desire to homosexual and/or age-inappropriate desire. The natural progression would be to “normal” instances of acting out, such as flirtatious behavior, entertaining impure thoughts, etc. To suggest otherwise would be like saying that sustained dieting leads people to want to eat dirt or human excrement – yes, it will make the hunger go away, but it is repulsive to someone with a healthy appetite. There is simply no substantial evidence to suggest that there is a significant problem with good sexual desires turning toward homosexual or other abnormal perversion due to accepting celibacy as a state of life. These problems pre-exist in persons who have them, often due to having been abused themselves. The solution, therefore, is not to do away with celibacy, but to do away with those with these pathologies.

But suppose celibacy was indeed done away with as a requirement for priestly ordination in the Latin Rite. On top of the challenges already noted, given the current crisis of both homosexuality and abuse of minors, there is an obvious additional problem… Those few men who really do have the gift of celibacy and choose to use it (rather than just ignoring it) would each face an unwelcome public perception: “What’s wrong with you?” Because priests can marry, and these ones didn’t, they must be attracted to men or kids.

So much for that approach.

Finally, there is the strange suggestion that one without experience of marriage can’t very well minister to people approaching marriage or living it. I already addressed this kind of thinking here, but briefly, this thought bases itself at least on an insufficient understanding of the relationship between experience and wisdom. Of course experience can cause wisdom, but so can abstract learning. (Do you need to be a former Pro-Bowler to coach an NFL team to a Superbowl win? No.) A lot of that sort of knowledge can come through extended interaction with married people, especially in confession. Just as well, the healthy celibate has a privileged perspective on what marriage is, given that the desire remains and yet its fulfillment is foregone… When we fast from food, for example, we more easily understand its rightful place in relation to our lives here and hereafter – and the same can be said of marriage.

There is definitely a massive crisis in the clerical ranks surrounding the 6th Commandment. But lowering the bar is not the right approach… And if we do dispense with celibacy, either for specific regions like the Amazon or in universal law, it seems it would be nearly impossible to go back.

“Do not move an ancient boundary stone set up by your ancestors,” says Scripture. (Prov. 22: 28) Food for thought.

Egyptian PR, Church PR

Eamonn Clark

There is a well-known principle of studying history known as the “criterion of embarrassment.” We see it vindicated in our own day in America every time some self-righteous SJW campaigns to demolish a statue of a Confederate general or what have you, and they call it “progress.” The Romans called it “damnatio memoriae” – the destruction of a person’s memory. It often involved scraping out their names from stone epitaphs… not far off from the methods of the SJW’s. And we see similar things done throughout the world in every age in an attempt to cover up the bad things to make the culture look better than it really is.

The Egyptians did it too. Those of us engaged in apologetic work will sometimes hear the claim that there are “no records” of the Jews having been in Egypt or having left it, therefore, etc. (Never mind the fact that Egypt is like an iceberg – we’ve only discovered the tip.) There are at least two problems with this, corresponding to each part of the claim.

First off, what rich society wants to dedicate precious resources to memorialize their slaves? Even the amateur historian knows, for instance, that even though it appears that we have loads of knowledge about Heian Japan, this knowledge almost exclusively concerns the “1%” of the population – the imperial families, those closely related to them, their hobbies and personal endeavors, and a bit about the military class. We know next to nothing about the lives of the average farmer or merchant, despite knowing all about the aristocratic Fujiwara clan. And that’s how we should expect it.

In the second place, military defeats were embarrassing events for the pharaoh, signaling divine disapproval and encouraging enemy attacks. If I recall correctly, there is not a single known ancient Egyptian record of their nation suffering a military loss. So why should we expect a record of their abject humiliation by their slave-class? That would be extraordinary.

The Jews, on the other hand, are extraordinary indeed. They bucked this dominant trend of self-chronicling. Instead of highlighting their victories to the total eclipse of their failures, the most cursory glance at the Torah – let alone the Prophets – reveals a people obsessed with detailing their own corruption and failure, set in contradistinction to the fidelity and glory of their God.

This is remarkable. It is not how human beings operate. This is “Jewish PR.”

In “Church PR,” there are several things to keep in mind:

  1. The potential public scandal of a revelation
  2. The reputation of the individual perpetrator(s)
  3. The risk of a later revelation
  4. The good of the victim(s)

It seems that in general there has been extremely poor evaluation of the last two items over the past few decades. I should not have to defend that position these days.

Protecting the public good name of the Church is certainly laudable. And it is surely unwise to be too quick to publish names and unnecessarily destroy reputations and cause furor, especially over mere accusations or the mildest perceptions of impropriety. But we should have no “criterion of embarrassment” in Church PR.

Christ did not instruct the Apostles to cover up the actions of Judas, and the Jews were quick to recall how terrible many of their ancestors were. The animating principle there was not a thought about “what people will think,” but rather, “what God will do.” For the faithful have always known that His power is made perfect in weakness. (2 Cor. 12: 9) In a crisis, a little panic and ineptitude from leaders is understandable, but those who try to make the institutional Church look “stronger” than it really is may as well throw the sleeping Jesus off the boat like dead weight and try to save themselves from sinking in the storm. (Mt. 8: 23-27)

The right order of priorities in any kind of impropriety on the part of Church officials seems to be the reverse of what I have written above… The good of the victim must be the fundamental value, and this should only increase in importance given due consideration of the possibility of later revelation, a situation which almost invariably makes things worse. Then the good name of the perpetrator must be considered in accord with right reason. Finally, almost as an afterthought, one might see if there is a way to minimize the public nature of the affair for the good of the Church’s popular image, without affront to any other values. If that’s not possible, then it’s on God to make it work long-term, just like with ancient Israel.

We are only partially responsible for how people see the Church. God gives sufficient grace to everyone, after all. When we are put in a position where we have the immediate power and authority to help individuals who have been harmed by the institutional Church, then we are entirely responsible for attending to their legitimate grievances, whatever the broader consequences. Let the world know that Judas did something bad. Tell them that he was a bad priest. Better now than later, because in the meantime there will be a festering cover-up implicating more and more people, and crimes which could have been prevented by absence or deterrence will go unstopped.

That’s what happens when the Church uses Egyptian PR… the mighty are cast down from their thrones. (Lk. 1: 52)

 

Main image: “The Weighing of the Heart” from the Egyptian Book of the Dead (even the ancient Egyptians believed in final justice)